[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 4137

_______________________________________________________________________

                                 AN ACT


 
  To amend and extend the Higher Education Act of 1965, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``College 
Opportunity and Affordability Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.
                      TITLE I--TITLE I AMENDMENTS

Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and 
                            Integrity.
        ``Sec. 114. National Advisory Committee on Institutional 
                            Quality and Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial 
                            aid website.
Sec. 108. State commitment to affordable college education.
        ``Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
        ``Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
        ``Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
        ``Sec. 135. Database of student information prohibited.
Sec. 112. In-State tuition rates for members of the Armed Forces on 
                            active duty and dependents.
        ``Sec. 136. In-State tuition rates for members of the Armed 
                            Forces on active duty and dependents.
Sec. 113. Endowment Reporting.
        ``Sec. 137. Endowment Reporting.
Sec. 114. State higher education information system pilot program.
        ``Sec. 138. State higher education information system pilot 
                            program.
Sec. 115. Institution and lender reporting and disclosure requirements.
 ``Part E--Lender and Institution Requirements Relating to Educational 
                                 Loans

        ``Sec. 151. Definitions.
        ``Sec. 152. Requirements for lenders and institutions 
                            participating in preferred lender 
                            arrangements.
        ``Sec. 153. Interest rate report for institutions and lenders 
                            participating in preferred lender 
                            arrangements.
        ``Sec. 154. Private educational loan disclosure requirements 
                            for covered institutions.
        ``Sec. 155. Integrity provisions.
        ``Sec. 156. Compliance and enforcement.
        ``Sec. 157. Student loan counseling.
Sec. 116. Feasibility study for national electronic student loan 
                            marketplace.
                      TITLE II--TITLE II REVISION

Sec. 201. Revision of title II.
                ``TITLE II--TEACHER QUALITY ENHANCEMENT

        ``Sec. 200. Definitions.
        ``Sec. 200A. Rule of Construction.
              ``Part A--Teacher Quality Partnership Grants

        ``Sec. 201. Purposes; Definitions.
        ``Sec. 202. Partnership grants.
        ``Sec. 203. Administrative provisions.
        ``Sec. 204. Accountability and evaluation.
        ``Sec. 205. Accountability for programs that prepare teachers.
        ``Sec. 206. Teacher development.
        ``Sec. 207. State functions.
        ``Sec. 208. General provisions.
        ``Sec. 209. Authorization of appropriations.
         ``Part B--Preparing Teachers for Digital Age Learners

        ``Sec. 221. Program authorized.
        ``Sec. 222. Uses of Funds.
        ``Sec. 223. Application requirements.
        ``Sec. 224. Evaluation.
        ``Sec. 225. Authorization of appropriations.
                 ``Part C--Enhancing Teacher Education

        ``Sec. 240. Authorization of appropriations.
``subpart 1--recruiting teachers with math, science, or language majors

        ``Sec. 241. Program authorized.
``subpart 2--community colleges as partners in teacher education grants

        ``Sec. 251. Grants to community colleges.
        ``Sec. 252. Definitions.
    ``subpart 3--honorable augustus f. hawkins centers of excellence

        ``Sec. 261. Definitions.
        ``Sec. 262. Augustus F. Hawkins Centers of excellence.
                     ``subpart 4--teach for america

        ``Sec. 271. Teach for America.
  ``subpart 5--early childhood education professional development and 
                           career task force

        ``Sec. 281. Purpose.
        ``Sec. 282. Definition of early childhood education program.
        ``Sec. 283. Grants authorized.
        ``Sec. 284. State task force establishment.
        ``Sec. 285. State task force activities.
        ``Sec. 286. State application and report.
        ``Sec. 287. Evaluations.
 ``subpart 6--preparing general education teachers to more effectively 
                   educate students with disabilities

        ``Sec. 291. Teach to Reach Grants.
Sec. 202. National Academy of Sciences study of best practices in 
                            teacher preparation.
                    TITLE III--TITLE III AMENDMENTS

Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled 
                            Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
        ``Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific 
                            Islander-serving institutions.
        ``Sec. 319. Asian American and Native American Pacific 
                            Islander-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
        ``Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Historically Black College and University Capital Financing.
Sec. 309. Programs in STEM fields.
                  ``subpart 2--programs in stem fields

        ``Sec. 355. YES Partnerships grant program.
        ``Sec. 356. Promotion of entry into STEM fields.
        ``Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.
                     TITLE IV--TITLE IV AMENDMENTS

                       Part A--PART A AMENDMENTS

Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
        ``Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in 
                            migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
      ``subpart 6--robert c. byrd american competitiveness program

        ``Sec. 419A. Robert C. Byrd mathematics and science honors 
                            scholarship program.
        ``Sec. 419B. Mathematics and science incentive program.
        ``Sec. 419C. Foreign Language Partnerships.
        ``Sec. 419D. Adjunct Teacher Corps.
        ``Sec. 419E. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
        ``Sec. 420P. Program evaluation.
                 Part B--Federal Family Education Loans

Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Voluntary flexible agreements.
Sec. 425. Grace period for graduate and professional student PLUS 
                            loans.
Sec. 426. Consolidation loan disclosure.
Sec. 427. Extension of consolidation loan authority.
Sec. 428. Requirements for disbursement of student loans.
Sec. 429. Loan forgiveness for service in areas of national need.
        ``Sec. 428K. Loan forgiveness for service in areas of national 
                            need.
Sec. 430. Loan repayment for civil legal assistance attorneys.
        ``Sec. 428L. Loan repayment for civil legal assistance 
                            attorneys.
Sec. 431. Loan forgiveness for volunteer mentoring.
        ``Sec. 428M. Loan forgiveness for volunteer mentoring.
Sec. 432. Settlement of claims.
Sec. 433. Delinquency prevention, default aversion, and consumer 
                            education information programs.
        ``Sec. 433A. Delinquency prevention, default aversion, and 
                            consumer education information programs.
Sec. 434. Definition of eligible institution: participation rate index.
Sec. 434. Definition of eligible lender.
Sec. 435. Cohort default rates.
Sec. 436. Disability determinations.
                       Part C--College Work/Study

Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.
                  Part D--Federal Direct Student Loans

Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. No accrual of interest for active duty service members.
Sec. 455. Direct loan program audit and reporting requirements.
                         Part E--Perkins Loans

Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.
Sec. 466. Sense of Congress regarding Perkins Loans.
                         Part F--Need Analysis

Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.
Sec. 474. Use of most recent tax information in need analysis.
                       Part G--General Provisions

Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for 
                            students.
Sec. 489. Articulation agreements.
        ``Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Transfer of allotments.
Sec. 493. Advisory Committee on Student Financial Assistance.
Sec. 494. Negotiated rulemaking.
Sec. 495. Technical amendment.
Sec. 495A. Campus-based digital theft prevention.
        ``Sec. 494. Campus-based digital theft prevention.
                       Part H--Program Integrity

Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
        ``Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
                      TITLE V--TITLE V AMENDMENTS

Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
   ``Part B--Promoting Postbaccalaureate Opportunities for Hispanic 
                               Americans

        ``Sec. 511. Purposes.
        ``Sec. 512. Program authority and eligibility.
        ``Sec. 513. Authorized activities.
        ``Sec. 514. Application and duration.
                     TITLE VI--TITLE VI AMENDMENTS

Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
        ``Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
       ``Part D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION

        ``Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
        ``Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
        ``Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education 
                            grant program.
        ``Sec. 644. Science and technology advanced foreign language 
                            education grant program.
Sec. 608. Reporting by Institutions.
        ``Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
                    TITLE VII--TITLE VII AMENDMENTS

Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
             ``subpart 4--patsy t. mink fellowship program

        ``Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Masters Degrees Programs at Historically Black Colleges and 
                            Universities and Other Minority Serving 
                            Institutions.
 ``subpart 5--masters degrees programs at historically black colleges 
        and universities and other minority serving institutions

        ``Sec. 723. Grants to Academic Departments and Programs at 
                            Eligible Institutions.
Sec. 706. Fund for the improvement of postsecondary education.
Sec. 707. Urban-serving research universities.
             ``Part C--Urban-Serving Research Universities

        ``Sec. 751. Purpose; program authorized.
        ``Sec. 752. Application for urban-serving research university 
                            grants.
        ``Sec. 753. Allowable activities.
        ``Sec. 754. Definitions.
        ``Sec. 755. Authorization of appropriations.
Sec. 708. Programs to ensure students with disabilities receive a 
                            quality higher education.
                 ``subpart 1--quality higher education

   ``subpart 2--national technical assistance center; commission on 
 accessible materials; programs to support improved access to materials

        ``Sec. 766. National Center.
        ``Sec. 766A. Establishment of advisory commission on accessible 
                            instructional materials in postsecondary 
                            education for students with disabilities.
        ``Sec. 766B. Model demonstration programs to support improved 
                            access to postsecondary instructional 
                            materials for students with print 
                            disabilities.
        ``Sec. 766C. Authorization of appropriations.
    ``subpart 3--transition programs for students with intellectual 
        disabilities into higher education; coordinating center

        ``Sec. 767. Purpose.
        ``Sec. 768. Definitions.
        ``Sec. 769. Model comprehensive transition and postsecondary 
                            programs for students with intellectual 
                            disabilities.
        ``Sec. 770. Coordinating center for technical assistance, 
                            evaluation, and development of standards.
        ``Sec. 770A. Authorization of appropriations.
Sec. 709. Subgrants to nonprofit organizations.
Sec. 710. Nursing education.
                      ``Part F--Nursing Education

        ``Sec. 776. Additional capacity for R.N. students or graduate-
                            level nursing students.
        ``Sec. 777. Nurse Faculty Pilot Project.
Sec. 711. National study on higher education access and success for 
                            students with disabilities.
                    TITLE VIII--ADDITIONAL PROGRAMS

Sec. 801. Additional programs.
                   ``TITLE VIII--ADDITIONAL PROGRAMS

        ``Sec. 800. Authorization of appropriations.
                         ``Part A--Low Tuition

        ``Sec. 801. Incentives and rewards for low tuition.
                    ``Part B--Cooperative Education

        ``Sec. 811. Statement of purpose; definition.
        ``Sec. 812. Reservations.
        ``Sec. 813. Grants for cooperative education.
        ``Sec. 814. Demonstration and innovation projects; training and 
                            resource centers; and research.
                  ``Part C--College Partnership Grants

        ``Sec. 821. College Partnership Grants Authorized.
                    ``Part D--Student Success Grants

        ``Sec. 826. Student success grants.
                       ``Part E--Jobs to Careers

        ``Sec. 831. Grants to create bridges from jobs to careers.
                         ``Part F--Project GRAD

        ``Sec. 836. Project GRAD.
      ``Part G--Improving College Enrollment by Secondary Schools

        ``Sec. 841. Improving college enrollment by secondary schools.
                   ``Part H--Diploma Mill Prevention

        ``Sec. 851. Purpose; Definitions.
        ``Sec. 852. Recognized accrediting agencies and institutions.
        ``Sec. 853. Accrediting agencies.
        ``Sec. 854. Task Force.
        ``Sec. 855. Sense of the Congress regarding use by States of 
                            the Federal Plan as guidelines.
        ``Sec. 856. Unfair and deceptive acts and practices regarding 
                            diplomas and professional certifications.
        ``Part I--Student Safety and Campus Emergency Management

        ``Sec. 861. Student safety and campus emergency management.
        ``Sec. 862. Model emergency response policies, procedures, and 
                            practices.
        ``Sec. 863. Preparation for future disasters plan by the 
                            Secretary.
        ``Sec. 864. Education disaster and emergency relief loan 
                            program.
        ``Sec. 865. Guidance on mental health disclosures for student 
                            safety.
 ``Part J--Rural Development Grants for Rural Colleges and Universities

        ``Sec. 871. Purpose.
        ``Sec. 872. Definitions.
        ``Sec. 873. Ensuring college access for rural high school 
                            graduates.
        ``Sec. 874. Economic development partnerships.
        ``Sec. 875. Quality of life in rural areas.
        ``Sec. 876. Allocation of appropriations.
 ``Part K--Improving Science, Technology, Engineering, and Mathematics 
  Education With a Focus on Alaska Native and Native Hawaiian Students

        ``Sec. 880. Improving science, technology, engineering, and 
                            mathematics education with a focus on 
                            Alaska Native and Native Hawaiian students.
   ``Part L--National Database on Financial Assistance For Study of 
           Science, Technology, Engineering, and Mathematics

        ``Sec. 881. National Database on Financial Assistance For Study 
                            of Science, Technology, Engineering, and 
                            Mathematics.
                ``Part M--Training for Realtime Writers

        ``Sec. 882. Program to promote training and job placement of 
                            realtime writers.
      ``Part N--Centers of Excellence for Veteran Student Success

        ``Sec. 883. Model Programs for Centers of Excellence for 
                            Veteran Student Success.
              ``Part O--University Sustainability Programs

              ``subpart 1--sustainability planning grants

        ``Sec. 884. Grants authorized.
                 ``subpart 2--summit on sustainability

        ``Sec. 885. Summit on sustainability.
               ``Part P--Modeling and Simulation Programs

        ``Sec. 886. Modeling and Simulation.
               ``Part Q--Business Workforce Partnerships

        ``Sec. 887. Grants to create business workforce partnerships.
                   ``Part R--Path to Success Program

        ``Sec. 887. Path to Success.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to ``go green''.
Sec. 805. Study of costs of environmental, health, and safety 
                            standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust 
                            Fund.
Sec. 813. GAO Study of education related indebtedness of medical school 
                            graduates.
Sec. 814. Study on Regional Sensitivity in the Needs Analysis Formula.
Sec. 815. Dyslexia Study.
Sec. 816. Study and report on borrower repayment plans.
Sec. 817. Nursing school capacity.
Sec. 818. Study of the impact of student loan debt on public service.
Sec. 819. Federal regulation of higher education report.
Sec. 820. Study of aid to less-than-half-time students.
Sec. 821. Establishment of pilot program for course material rental.
                   TITLE IX--AMENDMENTS TO OTHER LAWS

               Part A--Education of the Deaf Act of 1986

Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the 
                            National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
                        Part B--INDIAN EDUCATION

              subpart 1--tribal colleges and universities

Sec. 921. Reauthorization of the Tribally Controlled College or 
                            University Assistance Act of 1978.
        ``Sec. 105. Technical assistance contracts.
   ``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
                              INSTITUTIONS

        ``Sec. 501. Definition of tribally controlled postsecondary 
                            career and technical institution.
        ``Sec. 502. Tribally controlled postsecondary career and 
                            technical institutions program.
        ``Sec. 503. Applicability of other laws.
        ``Sec. 504. Authorization of appropriations.
        ``Sec. 1. Short title.
                   subpart 2--navajo higher education

Sec. 931. Reauthorization of Navajo Community College Act.
     Part C--Higher Education Amendments of 1998; Higher Education 
                           Amendments of 1992

Sec. 941. Grants for training for incarcerated individuals.
       ``Part D--Grants for Training for Incarcerated Individuals

        ``Sec. 821. Grants for improved workplace and community 
                            transition training for incarcerated 
                            individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and 
                            Foreign Language Education.
        ``Sec. 207A. Office of international and foreign language 
                            education.
                  Part D--Justice Department Programs

Sec. 951. Loan repayment for prosecutors and defenders.
     ``Part JJ--Loan Repayment for Prosecutors and Public Defenders

        ``Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
       Part E--Stevenson-Wydler Technology Innovation Act of 1980

Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
       TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. Effective dates.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending 
            Practices and Eliminating Conflicts of Interest

Sec. 1011. Amendment to the Truth in Lending Act.
        ``Sec.  140. Preventing unfair and deceptive private 
                            educational lending practices and 
                            eliminating conflicts of interest.
Sec. 1012. Civil liability.
     Subtitle B--Improved Disclosures for Private Educational Loans

Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private 
                            educational loans.
                     Subtitle C--Financial Literacy

Sec. 1031. Coordinated education efforts.
       Subtitle D--Study and Report on Nonindividual Information

Sec. 1041. Study and report on nonindividual information.
         Subtitle E--Incentives For Low-Cost Educational Loans

Sec. 1051. CRA credit for low-cost educational loans.

SEC. 2. REFERENCES; EFFECTIVE DATE.

    (a) References.--Except as otherwise expressly provided therein, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
    (b) Effective Date.--Except as otherwise provided in this Act or 
the amendments made by this Act, the amendments made by this Act shall 
be effective on the date of enactment of this Act.

                      TITLE I--TITLE I AMENDMENTS

SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.

    (a) Degree Programs.--Section 101 (20 U.S.C. 1001) is amended--
            (1) in subsection (a)(1), by inserting before the semicolon 
        the following: ``, or persons who meet the requirements of 
        section 484(d)(3)'';
            (2) in subsection (a)(3), by inserting ``, or awards a 
        degree that is acceptable for admission to a graduate or 
        professional degree program, subject to review and approval by 
        the Secretary'' after ``such a degree''; and
            (3) by striking subsection (b)(2) and inserting the 
        following:
            ``(2) a public or nonprofit private educational institution 
        in any State that, in lieu of the requirement in subsection 
        (a)(1), admits as regular students persons--
                    ``(A) who are beyond the age of compulsory school 
                attendance in the State in which the institution is 
                located; or
                    ``(B) who will be dually or concurrently enrolled 
                in the institution and a secondary school.''.
    (b) International Medical Schools.--Section 102(a)(2)(A) (20 U.S.C. 
1002(a)(2)(A)) is amended--
            (1) in the first sentence, by inserting ``nursing school,'' 
        after ``graduate medical school,'';
            (2) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I); 
                and
                    (B) by striking subclause (II) and inserting the 
                following new subclauses:
                                    ``(II) the institution has or had a 
                                clinical training program that was 
                                approved by a State as of January 1, 
                                1992, and continues to operate a 
                                clinical training program in at least 
                                one State, which is approved by that 
                                State; or
                                    ``(III) the institution--
                                            ``(aa) has a clinical 
                                        training program that was 
                                        approved by a State before 
                                        January 1, 2008;
                                            ``(bb) certifies only 
                                        unsubsidized Stafford or PLUS 
                                        loans under part B of title IV 
                                        to graduate and professional 
                                        students attending the 
                                        institution; and
                                            ``(cc) agrees to reimburse 
                                        the Secretary for the cost of 
                                        any loan defaults for students 
                                        included in the institution's 
                                        cohort default rate during the 
                                        previous fiscal year; or''; and
            (3) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (4) by adding at the end the following new clause:
                            ``(iii) in the case of a nursing school 
                        located outside of the United States, the 
                        institution--
                                    ``(I) has agreements with hospitals 
                                or eligible nursing schools located in 
                                the United States that include 
                                provisions for students to complete 
                                their clinical training at such 
                                hospitals and eligible nursing schools;
                                    ``(II) certifies only unsubsidized 
                                Stafford and PLUS loans under part B of 
                                title IV for students attending the 
                                institution; and
                                    ``(III) agrees to reimburse the 
                                Secretary for the cost of any loan 
                                defaults to the extent that the 
                                institution's cohort default rate 
                                exceeds 5 percent.''.
    (c) Conforming Amendment Concerning 90/10 Enforcement.--Section 
102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
            (1) by adding ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``; and'' and inserting a period in 
        subparagraph (E); and
            (3) by striking subparagraph (F).
    (d) Additional Institutions.--Section 102 (20 U.S.C. 1002) is 
further amended--
            (1) by striking subsection (b)(2) and inserting the 
        following:
            ``(2) Additional institutions.--The term `proprietary 
        institution of higher education' also includes a proprietary 
        educational institution in any State that, in lieu of the 
        requirement in section 101(a)(1), admits as regular students 
        individuals--
                    ``(A) who are beyond the age of compulsory school 
                attendance in the State in which the institution is 
                located; or
                    ``(B) who will be dually or concurrently enrolled 
                in the institution and a secondary school.''; and
            (2) by striking subsection (c)(2) and inserting the 
        following:
            ``(2) Additional institutions.--The term `postsecondary 
        vocational institution' also includes an educational 
        institution in any State that, in lieu of the requirement in 
        section 101(a)(1), admits as regular students individuals--
                    ``(A) who are beyond the age of compulsory school 
                attendance in the State in which the institution is 
                located; or
                    ``(B) who will be dually or concurrently enrolled 
                in the institution and a secondary school.''.

SEC. 102. ADDITIONAL DEFINITIONS.

    (a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
            (1) by adding at the end the following new paragraphs:
            ``(17) Authorizing committees.--The term `authorizing 
        committees' means the Committee on Health, Education, Labor, 
        and Pensions of the Senate and the Committee on Education and 
        Labor of the House of Representatives.
            ``(18) Critical foreign language.--Except as otherwise 
        provided, the term `critical foreign language' means each of 
        the languages contained in the list of critical languages 
        designated by the Secretary in the Federal Register on August 
        2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the 
        authority of section 212(d) of the Education for Economic 
        Security Act (repealed by section 2303 of the Augustus F. 
        Hawkins-Robert T. Stafford Elementary and Secondary School 
        Improvement Amendments of 1988)); as updated by the Secretary 
        from time to time and published in the Federal Register, except 
        that in the implementation of this definition with respect to a 
        specific title, the Secretary may set priorities according to 
        the purposes of such title and the national security, economic 
        competitiveness, and educational needs of the United States.
            ``(19) Disconnected students.--The term `disconnected 
        students' means students who are--
                    ``(A) homeless children and youths, as such term is 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a);
                    ``(B) orphans, in foster care, or wards of the 
                court, or who were in foster care or were wards of the 
                court until the students reached the age of 16;
                    ``(C) adjudicated or convicted juveniles, or who 
                were adjudicated juveniles until the juveniles reached 
                the upper age of juvenile court jurisdiction, or who 
                were convicted juveniles who completed the sentence for 
                the juvenile conviction prior to reaching the age of 
                majority; or
                    ``(D) pregnant or parenting youth.
            ``(20) Distance education.--
                    ``(A) In general.--Except as otherwise provided, 
                the term `distance education' means education that uses 
                1 or more of the technologies described in subparagraph 
                (B)--
                            ``(i) to deliver instruction to students 
                        who are separated from the instructor; and
                            ``(ii) to support regular and substantive 
                        interaction between the students and the 
                        instructor, synchronously or asynchronously.
                    ``(B) Inclusions.--For the purposes of subparagraph 
                (A), the technologies used may include--
                            ``(i) the Internet;
                            ``(ii) one-way and two-way transmissions 
                        through open broadcast, closed circuit, cable, 
                        microwave, broadband lines, fiber optics, 
                        satellite, or wireless communications devices;
                            ``(iii) audio conferencing; or
                            ``(iv) video cassette, DVDs, and CD-ROMs, 
                        if the cassette, DVDs, and CD-ROMs are used in 
                        a course in conjunction with the technologies 
                        listed in clauses (i) through (iii).
            ``(21) High-need school.--Except with respect to title II, 
        the term `high-need school' means a public or nonprofit private 
        elementary or secondary school which is in a local educational 
        agency which is eligible for assistance pursuant to title I of 
        the Elementary and Secondary Education Act of 1965 in the 
        applicable fiscal year, and 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 section 1113(a)(5) of the Elementary and Secondary 
        Education Act of 1965 exceeds 30 percent of the total 
        enrollment of that school.
            ``(22) Limited english proficient.--The term `limited 
        English proficient' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965.
            ``(23) Universal design.--The term `universal design' means 
        a concept or philosophy for designing and delivering products 
        and services that are usable by people with the widest possible 
        range of functional capabilities, which include products and 
        services that are directly accessible (without requiring 
        assistive technologies) and products and services that are 
        interoperable with assistive technologies.
            ``(24) Universal design for learning.--The term `universal 
        design for learning' means a research-based framework for 
        designing curriculum (including goals, methods, materials, and 
        assessments) that--
                    ``(A) provides curricular flexibility in the ways 
                information is presented, in the ways students respond 
                or demonstrate knowledge, and in the ways students are 
                engaged; and
                    ``(B) reduces barriers in instruction and 
                assessment, provides appropriate supports and 
                challenges, and maintains high achievement standards 
                for all students, including students with 
                disabilities.''; and
            (2) by reordering paragraphs (1) through (16) and the 
        paragraphs added by paragraph (1) of this subsection in 
        alphabetical order based on the headings of such paragraphs, 
        and renumbering such paragraphs as so reordered.
    (b) Conforming Amendments.--The Act (20 U.S.C. 1001 et seq.) is 
amended--
            (1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by 
        striking ``Committee on Labor and Human Resources of the Senate 
        and the Committee on Education and the Workforce of the House 
        of Representatives'' and inserting ``authorizing committees'';
            (2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by 
        striking ``Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Labor and Human 
        Resources of the Senate'' and inserting ``authorizing 
        committees'';
            (3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by 
        striking ``to the Committee on Appropriations'' and all that 
        follows through ``House of Representatives'' and inserting ``to 
        the Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and the 
        authorizing committees'';
            (4) in section 428 (20 U.S.C. 1078)--
                    (A) in subsection (c)(9)(K), by striking ``House 
                Committee on Education and the Workforce and the Senate 
                Committee on Labor and Human Resources'' and inserting 
                ``authorizing committees'';
                    (B) in the matter following paragraph (2) of 
                subsection (g), by striking ``Committee on Labor and 
                Human Resources of the Senate and the Committee on 
                Education and the Workforce of the House of 
                Representatives'' and inserting ``authorizing 
                committees''; and
                    (C) in subsection (n)(4), by striking ``Committee 
                on Education and the Workforce of the House of 
                Representatives and the Committee on Labor and Human 
                Resources of the Senate'' and inserting ``authorizing 
                committees'';
            (5) in section 428A(c) (20 U.S.C. 1078-1(c))--
                    (A) in the matter preceding subparagraph (A) of 
                paragraph (2), by striking ``Chairperson'' and all that 
                follows through ``House of Representatives'' and 
                inserting ``members of the authorizing committees'';
                    (B) in paragraph (3), by striking ``Chairperson'' 
                and all that follows through ``House of 
                Representatives'' and inserting ``members of the 
                authorizing committees''; and
                    (C) in paragraph (5), by striking ``Chairperson'' 
                and all that follows through ``House of 
                Representatives'' and inserting ``members of the 
                authorizing committees'';
            (6) in section 432 (20 U.S.C. 1082)--
                    (A) in subsection (f)(1)(C), by striking ``the 
                Committee on Education and the Workforce of the House 
                of Representatives or the Committee on Labor and Human 
                Resources of the Senate'' and inserting ``either of the 
                authorizing committees''; and
                    (B) in the matter following subparagraph (D) of 
                subsection (n)(3), by striking ``Committee on Education 
                and the Workforce of the House of Representatives and 
                the Committee on Labor and Human Resources of the 
                Senate'' and inserting ``authorizing committees'';
            (7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by 
        striking ``Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Labor and Human 
        Resources of the Senate'' and inserting ``authorizing 
        committees'';
            (8) in section 439 (20 U.S.C. 1087-2)--
                    (A) in subsection (d)(1)(E)(iii), by striking 
                ``advise the Chairman'' and all that follows through 
                ``House of Representatives'' and inserting ``advise the 
                members of the authorizing committees'';
                    (B) in subsection (r)--
                            (i) in paragraph (3), by striking ``inform 
                        the Chairman'' and all that follows through 
                        ``House of Representatives,'' and inserting 
                        ``inform the members of the authorizing 
                        committees'';
                            (ii) in paragraph (5)(B), by striking 
                        ``plan, to the Chairman'' and all that follows 
                        through ``Education and Labor'' and inserting 
                        ``plan, to the members of the authorizing 
                        committees'';
                            (iii) in paragraph (6)(B)--
                                    (I) by striking ``plan, to the 
                                Chairman'' and all that follows through 
                                ``House of Representatives'' and 
                                inserting ``plan, to the members of the 
                                authorizing committees''; and
                                    (II) by striking ``Chairmen and 
                                ranking minority members of such 
                                Committees'' and inserting ``members of 
                                the authorizing committees'';
                            (iv) in paragraph (8)(C), by striking 
                        ``implemented to the Chairman'' and all that 
                        follows through ``House of Representatives, 
                        and'' and inserting ``implemented to the 
                        members of the authorizing committees, and 
                        to''; and
                            (v) in the matter preceding subparagraph 
                        (A) of paragraph (10), by striking ``days to 
                        the Chairman'' and all that follows through 
                        ``Education and Labor'' and inserting ``days to 
                        the members of the authorizing committees''; 
                        and
                    (C) in subsection (s)(2)--
                            (i) in the matter preceding clause (i) of 
                        subparagraph (A), by striking ``Treasury and to 
                        the Chairman'' and all that follows through 
                        ``House of Representatives'' and inserting 
                        ``Treasury and to the members of the 
                        authorizing committees''; and
                            (ii) in subparagraph (B), by striking 
                        ``Treasury and to the Chairman'' and all that 
                        follows through ``House of Representatives'' 
                        and inserting ``Treasury and to the members of 
                        the authorizing committees'';
            (9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by 
        striking ``Committee on Labor and Human Resources of the Senate 
        and the Committee on Education and the Workforce of the House 
        of Representatives'' and inserting ``authorizing committees'';
            (10) in section 482(d) (20 U.S.C. 1089(d)), by striking 
        ``Committee on Labor and Human Resources of the Senate and the 
        Committee on Education and Labor of the House of 
        Representatives'' and inserting ``authorizing committees'';
            (11) in section 483(c) (20 U.S.C. 1090(c)), by striking 
        ``Committee on Labor and Human Resources of the Senate and the 
        Committee on Education and the Workforce of the House of 
        Representatives'' and inserting ``authorizing committees'';
            (12) in section 485 (20 U.S.C. 1092)--
                    (A) in subsection (f)(5)(A), by striking 
                ``Committee on Education and the Workforce of the House 
                of Representatives and the Committee on Labor and Human 
                Resources of the Senate'' and inserting ``authorizing 
                committees''; and
                    (B) in subsection (g)(4)(B), by striking 
                ``Committee on Education and the Workforce of the House 
                of Representatives and the Committee on Labor and Human 
                Resources of the Senate'' and inserting ``authorizing 
                committees'';
            (13) in section 486 (20 U.S.C. 1093)--
                    (A) in subsection (e), by striking ``Committee on 
                Labor and Human Resources of the Senate and the 
                Committee on Education and the Workforce of the House 
                of Representatives'' and inserting ``authorizing 
                committees''; and
                    (B) in subsection (f)(3)--
                            (i) in the matter preceding clause (i) of 
                        subparagraph (A), by striking ``Committee on 
                        Labor and Human Resources of the Senate and the 
                        Committee on Education and the Workforce of the 
                        House of Representatives'' and inserting 
                        ``authorizing committees''; and
                            (ii) in the matter preceding clause (i) of 
                        subparagraph (B), by striking ``Committee on 
                        Labor and Human Resources of the Senate and the 
                        Committee on Education and the Workforce of the 
                        House of Representatives'' and inserting 
                        ``authorizing committees'';
            (14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by 
        striking ``Committee on Labor and Human Resources of the Senate 
        and the Committee on Education and the Workforce of the House 
        of Representatives'' and inserting ``authorizing committees''; 
        and
            (15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
                    (A) in paragraph (1), by striking ``Committee on 
                Labor and Human Resources of the Senate and the 
                Committee on Education and the Workforce of the House 
                of Representatives'' and inserting ``authorizing 
                committees''; and
                    (B) in paragraph (2), by striking ``Committee on 
                Labor and Human Resources of the Senate and the 
                Committee on Education and the Workforce of the House 
                of Representatives'' and inserting ``authorizing 
                committees''.

SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.

    Section 113 (20 U.S.C. 1011b) is amended--
            (1) by striking ``treatment of territories and territorial 
        student assistance'' in the heading of such section and 
        inserting ``territorial waiver authority''; and
            (2) by striking ``(a) Waiver Authority.--''; and
            (3) by striking subsection (b).

SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND 
              INTEGRITY.

    (a) Amendment.--Section 114 (20 U.S.C. 1011c) is amended to read as 
follows:

``SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND 
              INTEGRITY.

    ``(a) Establishment.--There is established in the Department a 
National Advisory Committee on Institutional Quality and Integrity (in 
this section referred to as the `Committee') to assess the process of 
accreditation and the institutional eligibility and certification of 
such institutions under title IV.
    ``(b) Membership.--
            ``(1) In general.--The Committee shall have 18 members, of 
        which--
                    ``(A) 6 members shall be appointed by the 
                Secretary;
                    ``(B) 6 members shall be appointed by the Speaker 
                of the House of Representatives, 3 members on the 
                recommendation of the majority leader of the House of 
                Representatives, and 3 members on the recommendation of 
                the minority leader of the House of Representatives; 
                and
                    ``(C) 6 members shall be appointed by the President 
                pro tempore of the Senate, 3 members on the 
                recommendation of the majority leader of the Senate, 
                and 3 members on the recommendation of the minority 
                leader of the Senate.
            ``(2) Qualifications.--Individuals shall be appointed as 
        members of the Committee--
                    ``(A) on the basis of the individuals' experience, 
                integrity, impartiality, and good judgment;
                    ``(B) from among individuals who are 
                representatives of, or knowledgeable concerning, 
                education and training beyond secondary education, 
                representing all sectors and types of institutions of 
                higher education (as defined in section 102); and
                    ``(C) on the basis of the individuals' technical 
                qualifications, professional standing, and demonstrated 
                knowledge in the fields of accreditation and 
                administration in higher education.
            ``(3) Terms of members.--Except as provided in paragraph 
        (5), the term of office of each member of the Committee shall 
        be for 6 years, except that any member appointed to fill a 
        vacancy occurring prior to the expiration of the term for which 
        the member's predecessor was appointed shall be appointed for 
        the remainder of such term.
            ``(4) Vacancy.--A vacancy on the Committee shall be filled 
        in the same manner as the original appointment was made not 
        later than 90 days after the vacancy occurs. If a vacancy 
        occurs in a position to be filled by the Secretary, the 
        Secretary shall publish a Federal Register notice soliciting 
        nominations for the position not later than 30 days after being 
        notified of the vacancy.
            ``(5) Initial terms.--The terms of office for the initial 
        members of the Committee shall be--
                    ``(A) 3 years for members appointed under paragraph 
                (1)(A);
                    ``(B) 4 years for members appointed under paragraph 
                (1)(B); and
                    ``(C) 6 years for members appointed under paragraph 
                (1)(C).
            ``(6) Chairperson.--The members of the Committee shall 
        select a chairperson from among the members.
    ``(c) Functions.--The Committee shall--
            ``(1) advise the Secretary with respect to establishment 
        and enforcement of the standards of accrediting agencies or 
        associations under subpart 2 of part H of title IV;
            ``(2) advise the Secretary with respect to the recognition 
        of a specific accrediting agency or association;
            ``(3) advise the Secretary with respect to the preparation 
        and publication of the list of nationally recognized 
        accrediting agencies and associations;
            ``(4) advise the Secretary with respect to the eligibility 
        and certification process for institutions of higher education 
        under title IV, together with recommendations for improvements 
        in such process;
            ``(5) advise the Secretary with respect to the relationship 
        between--
                    ``(A) accreditation of institutions of higher 
                education and the certification and eligibility of such 
                institutions; and
                    ``(B) State licensing responsibilities with respect 
                to such institutions;
            ``(6) take into consideration the complaints, and the 
        resolution of such complaints, received by the ombudsman 
        described in section 497 when advising the Secretary with 
        respect to the recognition of a specific accrediting agency or 
        association; and
            ``(7) carry out such other advisory functions relating to 
        accreditation and institutional eligibility as the Secretary 
        may prescribe by regulation.
    ``(d) Meeting Procedures.--
            ``(1) Schedule.--
                    ``(A) Biannual meetings.--The Committee shall meet 
                not less often than twice each year, at the call of the 
                Chairperson.
                    ``(B) Publication of date.--The Committee shall 
                submit the date and location of each meeting in advance 
                to the Secretary, and the Secretary shall publish such 
                information in the Federal Register not later than 30 
                days before the meeting.
            ``(2) Agenda.--
                    ``(A) Establishment.--The agenda for a meeting of 
                the Committee shall be established by the Chairperson 
                and shall be submitted to the members of the Committee 
                upon notification of the meeting.
                    ``(B) Opportunity for public comment.--The agenda 
                shall include, at a minimum, opportunity for public 
                comment during the Committee's deliberations.
            ``(3) Federal advisory committee act.--The provisions of 
        the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
        to the Committee, except that section 14 of such Act shall not 
        apply.
    ``(e) Limitation.--The Committee shall not recommend denial of an 
application related to the recognition of an accrediting agency or 
association for any reason other than a reason set forth in section 
496.
    ``(f) Report and Notice.--
            ``(1) Notice.--The Secretary shall annually publish in the 
        Federal Register--
                    ``(A) a list containing, for each member of the 
                Committee--
                            ``(i) the member's name;
                            ``(ii) the date of the expiration of the 
                        member's term of office; and
                            ``(iii) the individual described in 
                        subsection (b)(1) who appointed the member; and
                    ``(B) a solicitation of nominations for each 
                expiring term of office on the Committee of a member 
                appointed by the Secretary.
            ``(2) Report.--Not later than September 30 of each year, 
        the Committee shall make an annual report to the Secretary, the 
        authorizing committees, and the public. The annual report shall 
        contain--
                    ``(A) a detailed summary of the agenda and 
                activities of, and the findings and recommendations 
                made by, the Committee during the preceding fiscal 
                year;
                    ``(B) a list of the date and location of each 
                meeting during the preceding fiscal year;
                    ``(C) a list of the members of the Committee and 
                appropriate contact information; and
                    ``(D) a list of the functions of the Committee, 
                including any additional functions established by the 
                Secretary through regulation.
    ``(g) Termination.--The Committee shall terminate on September 30, 
2012.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective January 1, 2009.

SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.

    Section 120 (20 U.S.C. 1011i) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) (as amended 
                by subparagraph (A) of this paragraph) the following:
                    ``(B) determine the number of drug and alcohol-
                related incidents and fatalities that--
                            ``(i) occur on the institution's property 
                        or as part of any of the institution's 
                        activities; and
                            ``(ii) are reported to the institution;
                    ``(C) determine the number and type of sanctions 
                described in paragraph (1)(E) that are imposed by the 
                institution as a result of drug and alcohol-related 
                incidents and fatalities on the institution's property 
                or as part of any of the institution's activities; 
                and'';
            (2) in subsection (e)(5), by striking ``1999'' and 
        inserting ``2009''; and
            (3) by striking subsection (f).

SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.

    Section 121(a) (20 U.S.C. 1011j(a)) is amended--
            (1) in paragraph (1), by striking ``1999 and for each of 
        the 4 succeeding fiscal years'' and inserting ``2009 and for 
        each succeeding fiscal year''; and
            (2) in paragraph (2), by striking ``1999 and for each of 
        the 4 succeeding fiscal years'' and inserting ``2009 and for 
        each succeeding fiscal year''.

SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT FINANCIAL 
              AID WEBSITE.

    Section 131 (20 U.S.C. 1015) is amended by striking subsection (d) 
and inserting the following:
    ``(d) Promotion of the Department of Education Federal Student 
Financial Aid Website.--The Secretary--
            ``(1) shall display a link to the Federal student financial 
        aid website of the Department of Education in a prominent place 
        on the homepage of the Department of Education website; and
            ``(2) may use administrative funds available for the 
        Department's operations and expenses for the purpose of 
        advertising and promoting the availability of the Federal 
        student financial aid website.
    ``(e) Promotion of Availability of Information Concerning Student 
Financial Aid Programs of Other Departments and Agencies.--
            ``(1) Availability of information.--Not later than 90 days 
        after the Secretary receives the information required under 
        paragraph (2), the Secretary shall ensure that the eligibility 
        requirements, application procedures, financial terms and 
        conditions, and other relevant information for each non-
        departmental student financial assistance program are easily 
        accessible through the Federal student financial aid website 
        and are incorporated into the search matrix on such website in 
        a manner that permits students and parents to readily identify 
        the programs that are appropriate to their needs and 
        eligibility.
            ``(2) Agency response.--Each Federal department and agency 
        shall promptly respond to surveys or other requests for the 
        information required by paragraph (1), and shall identify for 
        the Secretary any non-departmental student financial assistance 
        program operated, sponsored, or supported by such Federal 
        department or agency.
            ``(3) Definition.--For purposes of this subsection, the 
        term `non-departmental student financial assistance program' 
        means any grant, loan, scholarship, fellowship, or other form 
        of financial aid for students pursuing a postsecondary 
        education that is--
                    ``(A) distributed directly to the student or to the 
                student's account at on institution of higher 
                education; and
                    ``(B) operated, sponsored, or supported by a 
                Federal department or agency other than the Department 
                of Education.''.

SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.

    Part C of title I (20 U.S.C. 1015) is amended by adding at the end 
the following new section:

``SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.

    ``(a) Maintenance of Effort Required.--A State shall provide--
            ``(1) for public institutions of higher education in such 
        State for any academic year beginning on or after July 1, 2008, 
        an amount which is equal to or greater than the average amount 
        provided for non-capital and non-direct research and 
        development expenses or costs by such State to such 
        institutions of higher education during the 5 most recent 
        preceding academic years for which satisfactory data are 
        available; and
            ``(2) for private institutions of higher education in such 
        State for any academic year beginning on or after July 1, 2008, 
        an amount which is equal to or greater than the average amount 
        provided for student financial aid for paying costs associated 
        with postsecondary education by such State to such institutions 
        during the 5 most recent preceding academic years for which 
        satisfactory data are available.
    ``(b) Waiver.--The Secretary shall waive the requirements of 
subsection (a), if the Secretary determines that such a waiver would be 
equitable due to exceptional or uncontrollable circumstances, such as a 
natural disaster or a precipitous and unforseen decline in the 
financial resources of a State or State educational agency, as 
appropriate.
    ``(c) Violation of Maintenance of Effort.--Notwithstanding any 
other provision of law, the Secretary shall withhold from any State 
that violates subsection (a) and does not receive a waiver pursuant to 
subsection (b) any amount that would otherwise be available to the 
State under section 415E until such State has made significant efforts 
to correct such violation.
    ``(d) Research Into Cost Containment Methods.--The Secretary is 
authorized--
            ``(1) to identify methods of cost containment currently 
        utilized by institutions of higher education and systems of 
        such institutions, and research into other possible methods of 
        cost containment;
            ``(2) to disseminate--
                    ``(A) the information obtained by such research to 
                such institutions and systems; and
                    ``(B) other information concerning research that 
                has identified successful methods of cost containment;
            ``(3) to publicly recognize institutions of higher 
        education that are doing an effective job at cost containment; 
        and
            ``(4) to work together with such institutions and systems 
        to implement these methods.''.

SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

    (a) Amendment to Title I.--Part C of title I (20 U.S.C. 1015) is 
amended by adding after section 132 (as added by section 108 of this 
Act) the following new section:

``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

    ``(a) College Affordability and Transparency Lists.--Effective July 
1, 2011, the Secretary shall annually update and make publicly 
available on the College Navigator website, in a manner that is 
sortable by State, the following lists:
            ``(1) A list of the top 5 percent of the institutions in 
        each category (as defined by subsection (b)) that have the 
        highest tuition and fees.
            ``(2) A list of the top 5 percent of the institutions in 
        each such category that have the lowest tuition and fees.
            ``(3) A list of the top 5 percent of the institutions in 
        each such category that have the largest increase, expressed as 
        a percentage change, in their tuition and fees over the most 
        recent three year period for which satisfactory data is 
        available.
    ``(b) Categories of Institutions.--The following categories shall 
be used in compiling the information in subsection (a):
            ``(1) 4-year public institutions of higher education.
            ``(2) 4-year private, nonprofit institutions of higher 
        education.
            ``(3) 4-year private, for-profit institutions of higher 
        education.
            ``(4) 2-year public institutions of higher education.
            ``(5) 2-year private, nonprofit institutions of higher 
        education.
            ``(6) 2-year private, for-profit institutions of higher 
        education.
            ``(7) Less than 2-year public institutions of higher 
        education.
            ``(8) Less than 2-year private, nonprofit institutions of 
        higher education.
            ``(9) Less than 2-year private, for-profit institutions of 
        higher education.
            ``(10) All types of institutions described in paragraphs 
        (1) through (9).
    ``(c) Institution Reports.--If an institution of higher education 
appears on the list described in subsection (a)(3), the institution or 
a representative association designated by the institution shall submit 
to the Secretary the following information:
            ``(1) A description of the factors contributing to the 
        increase in the institution's tuition and fees, including an 
        identification of the major areas in the institution's budget 
        with the greatest cost increases.
            ``(2) If determinations of tuition and fee increases are 
        not within the exclusive control of the institution, a 
        description of the agency or instrumentality of State 
        government or other entity that participates in such 
        determinations, and the authority exercised by such agency, 
        instrumentality, or entity.
    ``(d) Quality Efficiency Task Forces.--(1) Each institution that is 
required to submit information by subsection (c) shall establish a 
quality-efficiency task force to--
            ``(A) review the operations of such institution;
            ``(B) analyze institutional operating costs in comparison 
        with such costs at other institutions within the same category 
        of institutions;
            ``(C) identify areas where, in comparison with other 
        institutions in such category, the institution operates more 
        expensively to produce a similar result;
            ``(D) develop annual benchmarks for the institution to 
        reduce costs in areas identified under subparagraph (C);
            ``(E) conduct an in-depth analysis of such identified areas 
        for cost reduction opportunities; and
            ``(F) submit a report to the Secretary and the institution 
        on the results of the review and analysis conducted under this 
        subsection.
    ``(2) An institution of higher education that does not meet the 
benchmarks established under paragraph (1)(D) shall provide to the 
Secretary a detailed explanation of the reasons why the institution did 
not meet such benchmarks.
    ``(e) Information to the Public.--The Secretary shall compile the 
information submitted under subsections (c) and (d) and shall submit an 
annual report summarizing such information to the authorizing 
committees and publish such report on the College Navigator website.
    ``(f) Exemptions.--An institution shall not be placed on the list 
required under subsection (a)(3) and shall not be subject to the 
reporting in subsection (c) if, for the 3-year interval described in 
subsection (a)(3) the institution meets the following criteria:
            ``(1) With respect to the category of institutions 
        described in subsection (b) to which the institution belongs, 
        the computed price of the institution is in the lowest quartile 
        of institutions within such category, as determined by the 
        Secretary, during the last year of such 3-year interval.
            ``(2) The dollar amount of the institution's increase in 
        its full price, as computed under subsection (a)(3), is less 
        than $500 for such 3-year interval.
    ``(g) State Higher Education Appropriations Chart.--The Secretary 
shall annually report on the College Navigator website, in charts for 
each State--
            ``(1) a comparison of--
                    ``(A) the percentage change in State appropriations 
                per full-time equivalent student in each public 
                institution of higher education in the State for each 
                of the 5 most recent preceding academic years; to
                    ``(B) the percentage change in tuition and fees for 
                each public institution of higher education in the 
                State for each of the 5 most recent preceding academic 
                years; and
            ``(2) the total amount of need-based and merit-based aid 
        provided by the State to full-time equivalent students 
        attending an institution of higher education in the State.
    ``(h) Availability of Net Price Information.--
            ``(1) Net price.--In this section, the term `net price' 
        means the average yearly tuition and fees actually charged to a 
        full-time undergraduate student receiving student aid at an 
        institution of higher education, after deduction of any 
        discounts and Federal and State aid, and any other 
        institutional aid, that reduce the full price of tuition and 
        fees at the institution, as determined in accordance with 
        regulations prescribed by the Secretary.
            ``(2) Net price calculator.--
                    ``(A) Development.--Not later than 1 year after the 
                date of enactment of the College Opportunity and 
                Affordability Act of 2007, the Secretary shall, in 
                consultation with institutions of higher education, 
                develop a net price calculator to help students, 
                families, and consumers determine the net price of an 
                institution of higher education. The calculator shall 
                be developed in a manner that permits students to 
                determine an estimate of their individual net price of 
                attendance for an institution.
                    ``(B) Use of net price calculator by 
                institutions.--Not later than 3 years after the date of 
                enactment of the College Opportunity and Affordability 
                Act of 2007, each institution of higher education that 
                receives Federal funds under this Act shall adopt and 
                make available for use on the institution's website the 
                net price calculator developed under subparagraph (A) 
                to help students, families, and other consumers 
                determine the net price of such institution of higher 
                education.
    ``(i) Postsecondary Education Price Indices.--Not later than 1 year 
after the date of enactment of the College Opportunity and 
Affordability Act of 2007, the Bureau of Labor Statistics, in 
consultation with the Commissioner of Education Statistics and 
representatives of institutions of higher education, shall develop, for 
inclusion in the higher education pricing summary page required under 
subsection (j)(3), postsecondary education price indices that 
accurately reflect the annual change in tuition and fees for 
undergraduate students in the categories of institutions described in 
subsection (b). Such indices shall be updated annually. Prior to the 
completion of the postsecondary education price indices, the Secretary 
is authorized to use an alternative, comparable index or indices.
    ``(j) Consumer Cost Information.--
            ``(1) Information from institutions.--Not later than 1 year 
        after the date of enactment of the College Opportunity and 
        Affordability Act of 2007, the Secretary shall post on the 
        College Navigator website and make available to institutions of 
        higher education, students, families, and other consumers, in a 
        consumer-friendly manner, the following information about each 
        institution of higher education for the most recent academic 
        year for which the Secretary has available data:
                    ``(A) A statement of the institution's mission and 
                specialties.
                    ``(B) Total number of undergraduate students who 
                applied, were admitted, and enrolled at the 
                institution.
                    ``(C) Where applicable, reading, writing, 
                mathematics, and combined scores on the SAT or ACT for 
                the middle 50 percent range of the institution's 
                freshman class.
                    ``(D) Enrollment of full-time, part-time, and 
                transfer students at the institution, at the 
                undergraduate and (where applicable) graduate levels.
                    ``(E) Percentage of male and female undergraduate 
                students enrolled at the institution.
                    ``(F) Percentage of enrolled undergraduate students 
                from the State in which the institution is located, 
                from other States, and from other countries.
                    ``(G) Percentage of enrolled undergraduate students 
                at the institution by race and ethnic background.
                    ``(H) Percentage of enrolled undergraduate students 
                at the institution registered with the office of 
                disability services (or equivalent department) as 
                students with disabilities.
                    ``(I) Retention rates for full-time and part-time 
                first-time, first-year undergraduate students enrolled 
                at the institution.
                    ``(J) Average time to degree or certificate 
                completion for first-time, first-year undergraduate 
                students enrolled at the institution.
                    ``(K) Percentage of enrolled undergraduate students 
                who graduate within 2 years (in the case of 2-year 
                institutions), and 4, 5, and 6 years (in the case of 2-
                year and 4-year institutions), including by income 
                category, as defined in paragraph (4).
                    ``(L) Number of students who obtained a certificate 
                or an associates, bachelors, masters, or doctoral 
                degree at the institution.
                    ``(M) Undergraduate major areas of study with the 
                highest number of degrees awarded.
                    ``(N) The student-faculty ratio, and number of 
                full-time, part-time, and adjunct faculty, and graduate 
                teaching and research assistants with instructional 
                responsibilities, at the institution.
                    ``(O) Percentage of faculty at the institution with 
                the highest degree in their field.
                    ``(P) Percentage change in total price in tuition 
                and fees and the net price for an undergraduate at the 
                institution in each of the 3 most recent preceding 
                academic years.
                    ``(Q) Total average annual cost of tuition and 
                fees, room and board, and books and other related costs 
                for an undergraduate student enrolled at the 
                institution, for--
                            ``(i) full-time undergraduate students 
                        living on campus;
                            ``(ii) full-time undergraduate students 
                        living off campus; and
                            ``(iii) in the case of students attending a 
                        public institution of higher education, such 
                        costs for in-State and out-of-State students 
                        living on and off campus.
                    ``(R) Average annual grant amount (including 
                Federal, State, and institutional aid) broken down by 
                income category as defined in paragraph (4) for a 
                student enrolled at the institution.
                    ``(S) Average annual amount of Federal student 
                loans, and other loans provided through the 
                institution, to undergraduate students enrolled at the 
                institution.
                    ``(T) Total annual grant aid available to 
                undergraduate students enrolled at the institution, 
                from the Federal Government, a State, the institution, 
                and other sources.
                    ``(U) Percentage of undergraduate students enrolled 
                at the institution receiving Federal, State, and 
                institutional grants, student loans, and any other type 
                of student financial assistance provided publicly or 
                through the institution, such as Federal work-study 
                funds.
                    ``(V) Number of students receiving Federal Pell 
                Grants at the institution.
                    ``(W) Average net price of the institution 
                calculated for each income category, as defined in 
                paragraph (4), for each of the 3 most recent preceding 
                academic years.
                    ``(X) Percentage of first-year undergraduate 
                students enrolled at the institution who live on campus 
                and off campus.
                    ``(Y) The institution's cohort default rate, as 
                defined under section 435(m).
                    ``(Z) Information on the policies of the 
                institution related to transfer of credit from other 
                institutions.
                    ``(AA) Information on campus safety required to be 
                collected under section 485(f).
                    ``(BB) Links to the appropriate sections of the 
                institution's website that provide information on 
                student activities offered by the institution, such as 
                intercollegiate sports, student organizations, study 
                abroad opportunities, intramural and club sports, 
                specialized housing options, community service 
                opportunities, cultural and arts opportunities on 
                campus, religious and spiritual life on campus, and 
                lectures and outside learning opportunities.
                    ``(CC) Links to the appropriate sections of the 
                institution's website that provide information on 
                services offered by the institution to students during 
                and after college, such as internship opportunities, 
                career and placement services, and preparation for 
                further education.
            ``(2) Data collection.--The Commissioner of Education 
        Statistics shall continue to redesign the relevant parts of the 
        Integrated Postsecondary Education Data System to include 
        additional data as required by this subsection and to continue 
        to improve the usefulness and timeliness of data collected by 
        such System in order to inform consumers about institutions of 
        higher education.
            ``(3) Higher education pricing summary page.--The Secretary 
        shall make publicly available on an annual basis, in a sortable 
        and searchable electronic format on the College Navigator 
        website, a list of all institutions of higher education 
        participating in aid programs under title IV of this Act that 
        includes for each such institution:
                    ``(A) The undergraduate tuition and fees for the 
                upcoming academic year.
                    ``(B) The average annual net price by income 
                category, as defined in paragraph (4), over the 3 most 
                recent preceding academic years.
                    ``(C) The average annual percentage change and 
                dollar change in such institution's tuition and fees 
                over the 3 most recent preceding academic years.
                    ``(D) The average annual percentage change and 
                dollar change in such institution's per student 
                instructional spending over the 3 most recent preceding 
                academic years.
                    ``(E) The difference between the average annual 
                percentage change in such institution's tuition and 
                fees over the 3 most recent preceding academic years 
                and the postsecondary education price indices, as 
                defined in subsection (i).
                    ``(F) A link to the institution information on the 
                College Navigator website, as detailed in paragraph 
                (1).
            ``(4) Income categories.--
                    ``(A) In general.--For purposes of reporting the 
                information required under this subsection and 
                compiling information for the net price calculator, the 
                following income categories shall apply:
                            ``(i) $0-35,000;
                            ``(ii) $35,001-70,000;
                            ``(iii) $70,001-105,000;
                            ``(iv) $105,001-140,000; and
                            ``(v) $140,000 and up.
                    ``(B) Annual adjustment.--The Secretary shall make 
                available to all institutions of higher education 
                participating in an aid program under title IV of this 
                Act, on an annual basis, the annual inflation 
                adjustment for the income categories set forth in 
                subparagraph (A).
                    ``(C) Impracticable reporting exemption.--An 
                institution that is required by this subsection to 
                report any information pertaining to institutional aid 
                by income category is not required to report such 
                information to the extent that reporting such 
                information by income category is impractical or 
                impossible because information concerning income is not 
                collected from the recipients of such institutional 
                aid.
    ``(k) Student Aid Recipient Survey.--
            ``(1) Survey required.--The Secretary shall conduct a 
        survey of student aid recipients under title IV on a regular 
        cycle and State-by-State basis, but not less than once every 4 
        years--
                    ``(A) to identify the population of students 
                receiving Federal student aid;
                    ``(B) to describe the income distribution and other 
                socioeconomic characteristics of federally aided 
                students;
                    ``(C) to describe the combinations of aid from 
                State, Federal, and private sources received by 
                students from all income groups;
                    ``(D) to describe the debt burden of educational 
                loan recipients and their capacity to repay their 
                education debts, and the impact of such debt burden on 
                career choices;
                    ``(E) to describe the role played by the price of 
                postsecondary education in the determination by 
                students of what institution to attend; and
                    ``(F) to describe how the increased costs of 
                textbooks and other instructional materials affects the 
                costs of postsecondary education to students.
            ``(2) Survey design.--The survey shall be representative of 
        full-time and part-time, undergraduate, graduate, professional, 
        and current and former students in all types of institutions, 
        and designed and administered in consultation with the Congress 
        and the postsecondary education community.
            ``(3) Dissemination.--The Commissioner of Education 
        Statistics shall disseminate the information resulting from the 
        survey in both printed and electronic form.
    ``(l) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.''.
    (b) Sense of Congress Regarding Consumer Information About 
Institutions of Higher Education.--
            (1) Findings.--Congress finds that--
                    (A) the diversity of the American higher education 
                systems allows each student to find the right ``fit'' 
                for his or her interests and talents;
                    (B) while the variety of options available is one 
                of the great strengths of our system of higher 
                education, it can also be overwhelming when students 
                and their families begin a college search;
                    (C) there is a massive amount of information 
                available about institutions of higher education, but 
                it is often difficult to navigate or is scattered among 
                several sources;
                    (D) the data collected and available is 
                comprehensive; however, there is a need to keep 
                consumer needs in mind in packaging the information 
                that already exists and presenting the information in a 
                simple, consumer-friendly format;
                    (E) in particular, prospective students and their 
                families want a succinct overview of common key 
                information about institutions, with easy access to 
                more in-depth institution-specific information about 
                campus life and the complete college experience; and
                    (F) a variety of efforts have been initiated by 
                colleges and universities and others to provide web-
                based, consumer-friendly information geared to 
                prospective students and their families.
            (2) Sense of congress.--It is the sense of Congress that 
        institutions of higher education should participate in efforts 
        to provide concise, easily accessible, on-line consumer 
        information to prospective students and families that is 
        consistent across institutions while permitting opportunities 
        for more in-depth exploration of specific institutions.

SEC. 110. TEXTBOOK INFORMATION.

    Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 133 (as added by section 109 of this Act) the following 
new section:

``SEC. 134. TEXTBOOK INFORMATION.

    ``(a) Purpose and Intent.--The purpose of this section is to ensure 
that every student in higher education is offered better and more 
timely access to affordable course materials by educating and informing 
faculty, students, administrators, institutions of higher education, 
bookstores, distributors, and publishers on all aspects of the 
selection, purchase, sale, and use of course materials. It is the 
intent of this section--
            ``(1) to have all involved parties work together to 
        identify ways to decrease the cost of college textbooks and 
        supplemental materials for students while protecting the 
        academic freedom of faculty members to select high quality 
        course materials for students; and
            ``(2) to encourage--
                    ``(A) college textbook publishers and distributors 
                to work with faculty to promote understanding of the 
                cost to students of purchasing faculty selected 
                textbooks, including the disclosure of prices and 
                bundling practices;
                    ``(B) college bookstores to work with faculty to 
                review timelines and processes for ordering and 
                stocking course materials, and to disclose costs to 
                faculty and students in a timely manner;
                    ``(C) institutions of higher education to implement 
                numerous options to address college textbook 
                affordability;
                    ``(D) institutions of higher education to work with 
                student organizations to help students understand the 
                factors driving textbook costs and available methods 
                and resources to mitigate the effects of those costs; 
                and
                    ``(E) innovation in the development and use of 
                course materials (including course materials utilizing 
                the principles of universal design) and technologies 
                that can help students receive the full value of their 
                educational investment.
    ``(b) Definitions.--In this section:
            ``(1) Bundle.--The term `bundle' means one or more college 
        textbooks or other supplemental learning materials that may be 
        packaged together to be sold as course materials for one price.
            ``(2) College textbook.--The term `college textbook' means 
        a textbook or a set of textbooks, used for, or in conjunction 
        with, a course in postsecondary education at an institution of 
        higher education.
            ``(3) Course schedule.--The term `course schedule' means a 
        listing of the courses or classes offered by an institution of 
        higher education for an academic period, as defined by the 
        institution.
            ``(4) Custom textbook.--The term `custom textbook'--
                    ``(A) means a college textbook that is compiled at 
                the direction of a faculty member or other person or 
                adopting entity in charge of selecting course materials 
                at an institution of higher education; and
                    ``(B) may include, alone or in combination, items 
                such as selections from original instructor materials, 
                previously copyrighted publisher materials, copyrighted 
                third-party works, and elements unique to a specific 
                institution, such as commemorative editions.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 102.
            ``(6) Integrated textbook.--The term `integrated textbook' 
        means a college textbook that is combined with materials 
        developed by a third party and that, by third-party contractual 
        agreement, may not be offered by publishers separately from the 
        college textbook with which the materials are combined.
            ``(7) Publisher.--The term `publisher' means a publisher of 
        college textbooks or supplemental materials involved in or 
        affecting interstate commerce.
            ``(8) Substantial content.--The term `substantial content' 
        means parts of a college textbook, such as new chapters, 
        additional eras of time, new themes, or new subject matter.
            ``(9) Supplemental material.--The term `supplemental 
        material' means educational material developed to accompany a 
        college textbook, which--
                    ``(A) may include printed materials, computer 
                disks, website access, and electronically distributed 
                materials; and
                    ``(B) is not bound by third-party contractual 
                agreements to be sold in an integrated textbook.
    ``(c) Publisher Requirements.--
            ``(1) College textbook pricing information.--When a 
        publisher provides a faculty member or other person or adopting 
        entity in charge of selecting course materials at an 
        institution of higher education with information regarding a 
        college textbook or supplemental material, the publisher shall 
        include, with any such information and in writing (which may 
        include electronic communications), the following:
                    ``(A) The price at which the publisher would make 
                the college textbook or supplemental material available 
                to the bookstore on the campus of, or otherwise 
                associated with, such institution of higher education.
                    ``(B) The copyright dates of all previous editions 
                of such college textbook in the preceding 10 years, if 
                any.
                    ``(C) The substantial content revisions made 
                between the current edition of the college textbook or 
                supplemental material and the previous edition, if any.
                    ``(D) Whether the college textbook or supplemental 
                material is available in any other format, including 
                paperback and unbound, and the price at which the 
                publisher would make the college textbook or 
                supplemental material in the other format available to 
                the bookstore on the campus of, or otherwise associated 
                with, such institution of higher education.
            ``(2) Unbundling of college textbooks from supplemental 
        materials.--A publisher that sells a college textbook and any 
        supplemental material accompanying such college textbook as a 
        single bundle shall also make available the college textbook 
        and each supplemental material as separate and unbundled items, 
        each separately priced.
            ``(3) Custom textbooks.--To the maximum extent practicable, 
        publishers shall provide the information required under this 
        subsection with respect to the development and provision of 
        custom textbooks.
    ``(d) Provision of ISBN College Textbook Information in Course 
Schedules.--
            ``(1) Internet course schedules.--Each institution of 
        higher education, to the maximum extent practicable, shall--
                    ``(A) disclose the International Standard Book 
                Number and retail price information of required and 
                recommended textbooks, related materials, and supplies 
                for each course listed in the institution's course 
                schedule used for pre-registration and registration 
                purposes;
                    ``(B) if the International Standard Book Number is 
                not available for the items listed in subparagraph (A), 
                use the author, title, publisher, and copyright date; 
                and
                    ``(C) if the institution determines that the 
                disclosure of the information described in the 
                preceding subparagraphs for a course is not practicable 
                for a textbook, related material, or supply, then it 
                should so indicate by placing the designation `To Be 
                Determined' in lieu of the information required under 
                such subparagraphs.
            ``(2) Written course schedules.--In the case of an 
        institution of higher education that does not publish the 
        institution's course schedule for the subsequent academic 
        period on the Internet, the institution of higher education 
        shall include the information required under paragraph (1) in 
        any printed version of the institution's course schedule as it 
        is available at the time of the course schedule's printing.
    ``(e) Availability of Information for College Bookstores.--An 
institution of higher education shall make available, as soon as is 
practicable, upon the request of any college bookstore, the most 
accurate information available regarding--
            ``(1) the institution's course schedule for the subsequent 
        academic period; and
            ``(2) for each course or class offered by the institution 
        for the subsequent academic period--
                    ``(A) the information required by subsection (d)(1) 
                for each college textbook or supplemental material 
                required or recommended for such course or class;
                    ``(B) the number of students enrolled in such 
                course or class; and
                    ``(C) the maximum student enrollment for such 
                course or class.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to supercede the institutional autonomy or academic freedom 
of instructors involved in the selection of college textbooks and 
classroom materials.
    ``(g) Effective Date.--This section shall be effective on and after 
July 1, 2008.''.

SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED.

    Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 134 (as added by section 110 of this Act) the following 
new section:

``SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED.

    ``(a) Prohibition.--Except as described in subsection (b), nothing 
in this Act shall be construed to authorize the Secretary to develop, 
implement, or maintain a Federal database of personally identifiable 
information on individuals receiving assistance under this Act, 
attending institutions receiving assistance under this Act, or 
otherwise involved in any studies or other collections of data under 
this Act, including a student unit record system, an education bar code 
system, or any other system that tracks individual students over time.
    ``(b) Exception.--The provisions of subsection (a) shall not apply 
to a system (or a successor system) that is necessary for the operation 
of programs authorized by title II, IV, or VII, or data required to be 
collected by the Secretary under this Act (including section 133(g)), 
that were in use by the Secretary, directly or through a contractor, as 
of the day before the date of enactment of the College Opportunity and 
Affordability Act of 2008.
    ``(c) State Databases.--Nothing in this Act shall prohibit a State 
or a consortium of States from developing, implementing, or maintaining 
State-developed databases that track individuals over time, including 
student unit record systems that contain information related to 
enrollment, attendance, graduation and retention rates, student 
financial assistance, and graduate employment outcomes.''.

SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON 
              ACTIVE DUTY AND DEPENDENTS.

    Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 135 (as added by section 111 of this Act) the following 
new section:

``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON 
              ACTIVE DUTY AND DEPENDENTS.

    ``(a) Requirement.--A member of the armed forces on active duty for 
a period of more than 30 days whose domicile or permanent duty station 
is in a State, and the dependents of such a member, may not be charged 
tuition for attendance at a public institution of higher education in 
that State at a rate that is greater than the rate charged for 
residents of that State.
    ``(b) Continuation.--If a member of the armed forces, or a 
dependent of a member, pays tuition at a public institution of higher 
education in a State at a rate determined by reason of subsection (a), 
the provisions of subsection (a) shall continue to apply to such member 
or dependent while continuously enrolled at that institution, 
notwithstanding a subsequent change in the permanent duty station of 
the member to a location outside the State.
    ``(c) Effective Date.--This section shall take effect at each 
public institution of higher education in a State at the beginning of 
the first period of enrollment at that institution that begins more 
than 90 days after the date of enactment of the Military Child College 
Affordability Act.
    ``(d) Definitions.--For purposes of this section:
            ``(1) State.--The term `State' has the meaning given that 
        term in section 103 of this Act.
            ``(2) Military definitions.--The terms `armed forces' and 
        `active duty for a period of more than 30 days' have the 
        meanings given those terms in section 101 of title 10, United 
        States Code.''.

SEC. 113. ENDOWMENT REPORTING.

    Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 135 (as added by section 111 of this Act) the following 
new section:

``SEC. 137. ENDOWMENT REPORTING.

    ``Each institution of higher education shall annually submit to the 
Secretary, in a form prescribed by the Secretary, a report on the 
expenditures made by such institution from any endowment funds of the 
institution for the purpose of reducing the costs of the programs of 
instruction offered by such institution, including the specific amounts 
expended for grants and other aid to reduce the amounts charged for 
tuition, fees, textbooks, meals, room and board.''.

SEC. 114. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.

    Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 135 (as added by section 111 of this Act) the following 
new section:

``SEC. 138. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.

    ``(a) Purpose.--It is the purpose of this section to carry out a 
pilot program to assist not more than 5 States to develop State-level 
postsecondary student data systems to--
            ``(1) improve the capacity of States and institutions of 
        higher education to generate more comprehensive and comparable 
        data, in order to develop better-informed educational policy at 
        the State level and to evaluate the effectiveness of 
        institutional performance while protecting the confidentiality 
        of students' personally identifiable information; and
            ``(2) identify how to best minimize the data-reporting 
        burden placed on institutions of higher education, particularly 
        smaller institutions, and to maximize and improve the 
        information institutions receive from the data systems, in 
        order to assist institutions in improving educational practice 
        and postsecondary outcomes.
    ``(b) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a State higher education system; or
            ``(2) a consortium of State higher education systems, or a 
        consortium of individual institutions of higher education, that 
        is broadly representative of institutions in different sectors 
        and geographic locations.
    ``(c) Competitive Grants.--
            ``(1) Grants authorized.--The Secretary shall award grants, 
        on a competitive basis, to not more than 5 eligible entities to 
        enable the eligible entities to--
                    ``(A) design, test, and implement postsecondary 
                student data systems that provide the maximum benefits 
                to States, institutions of higher education, and State 
                policymakers; and
                    ``(B) examine the costs and burdens involved in 
                implementing a State-level postsecondary student data 
                system.
            ``(2) Duration.--A grant awarded under this section shall 
        be for a period of not more than 3 years.
    ``(d) Application Requirements.--An eligible entity desiring a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary determines is necessary, including a description of--
            ``(1) how the eligible entity will ensure that student 
        privacy is protected and that individually identifiable 
        information about students, the students' achievements, and the 
        students' families remains confidential in accordance with the 
        Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
        1232g); and
            ``(2) how the activities funded by the grant will be 
        supported after the 3-year grant period.
    ``(e) Use of Funds.--A grant awarded under this section shall be 
used to--
            ``(1) design, develop, and implement the components of a 
        comprehensive postsecondary student data system with the 
        capacity to transmit student information within States;
            ``(2) improve the capacity of institutions of higher 
        education to analyze and use student data;
            ``(3) select and define common data elements, data quality, 
        and other elements that will enable the data system to--
                    ``(A) serve the needs of institutions of higher 
                education for institutional research and improvement;
                    ``(B) provide students and the students' families 
                with useful information for decision-making about 
                postsecondary education;
                    ``(C) provide State policymakers with improved 
                information to monitor and guide efforts to improve 
                student outcomes and success in higher education;
            ``(4) estimate costs and burdens at the institutional level 
        for reporting to the postsecondary student data system; and
            ``(5) test the feasibility of protocols and standards for 
        maintaining data privacy and data access.
    ``(f) Evaluation; Reports.--Not later than 6 months after the end 
of the projects funded by grants awarded under this section, the 
Secretary shall--
            ``(1) conduct a comprehensive evaluation of the pilot 
        program authorized by this section; and
            ``(2) report the Secretary's findings, as well as 
        recommendations regarding the implementation of State-level 
        postsecondary student data systems to the authorizing 
        committees.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009 and each of the 4 succeeding fiscal years.''.

SEC. 115. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.

    Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end 
the following:

 ``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL 
                                 LOANS

``SEC. 151. DEFINITIONS.

    ``In this part:
            ``(1) Covered institution.--The term `covered 
        institution'--
                    ``(A) means any educational institution that--
                            ``(i) offers a postsecondary educational 
                        degree, certificate, or program of study 
                        (including any institution of higher education, 
                        as such term is defined in section 102); and
                            ``(ii) receives any Federal funding or 
                        assistance; and
                    ``(B) includes an authorized agent of the 
                educational institution (including an alumni 
                association, booster club, or other organization 
                directly or indirectly authorized by such institution) 
                or an employee of such institution.
            ``(2) Educational loan.--The term `educational loan' 
        (except when used as part of the term `private educational 
        loan') means--
                    ``(A) any loan made, insured, or guaranteed under 
                title IV; or
                    ``(B) a private educational loan (as defined in 
                paragraph (6)).
            ``(3) Preferred lender arrangement.--The term `preferred 
        lender arrangement'--
                    ``(A) means an arrangement or agreement between a 
                lender and a covered institution--
                            ``(i) under which arrangement or agreement 
                        a lender provides or otherwise issues 
                        educational loans to the students attending the 
                        covered institution or the parents of such 
                        students; and
                            ``(ii) which arrangement or agreement 
                        relates to the covered institution 
                        recommending, promoting, or endorsing the 
                        educational loan product of the lender; and
                    ``(B) does not include--
                            ``(i) arrangements or agreements with 
                        respect to loans under parts D or E of title 
                        IV; or
                            ``(ii) arrangements or agreements with 
                        respect to loans under section 499(b).
            ``(4) Lender.--
                    ``(A) In general.--The term `lender'--
                            ``(i) means a creditor, except that such 
                        term shall not include an issuer of credit 
                        secured by a dwelling or under an open end 
                        credit plan; and
                            ``(ii) includes an agent of a lender.
                    ``(B) Incorporation of tila definitions.--The terms 
                `creditor', `dwelling', and `open end credit plan' have 
                the meanings given such terms in section 103 of the 
                Truth in Lending Act (15 U.S.C. 1602).
            ``(5) Officer.--The term `officer' includes a director or 
        trustee of a covered institution, if such individual is treated 
        as an employee of the covered institution.
            ``(6) Private educational loan.--The term `private 
        educational loan' means a private loan provided by a lender 
        that--
                    ``(A) is not made, insured, or guaranteed under 
                title IV; and
                    ``(B) is issued by a lender expressly for 
                postsecondary educational expenses to a student, or the 
                parent of the student, regardless of whether the loan 
                involves enrollment certification by the educational 
                institution that the student attends.
            ``(7) Postsecondary educational expenses.--The term 
        `postsecondary educational expenses' means any of the expenses 
        that are included as part of a student's cost of attendance, as 
        defined under section 472.

``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN 
              PREFERRED LENDER ARRANGEMENTS.

    ``(a) Certification by Lenders.--In addition to any other 
disclosure required under Federal law, each lender under part B of 
title IV that participates in one or more preferred lender arrangements 
shall annually certify its compliance with the requirements of this 
Act. Such compliance of such preferred lender arrangement shall be 
reported on and attested to annually by the auditor of such lender in 
the audit conducted pursuant to section 428(b)(1)(U)(iii).
    ``(b) Use of Institution Name.--
            ``(1) In general.--A covered institution that has entered 
        into a preferred lender arrangement with a lender regarding 
        private educational loans shall not agree to the lender's use 
        of the name, emblem, mascot, or logo of the institution, or 
        other words, pictures, or symbols readily identified with the 
        institution, in the marketing of private educational loans to 
        the students attending the institution in any way that implies 
        that the institution endorses the private educational loans 
        offered by the lender.
            ``(2) Applicability.--Paragraph (1) shall apply to any 
        preferred lender arrangement, or extension of such arrangement, 
        entered into or renewed after the date of enactment of the 
        College Opportunity and Affordability Act of 2008.

``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS 
              PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.

    ``(a) Duties of the Secretary.--
            ``(1) Report and model format.--Not later than 180 days 
        after the date of enactment of the College Opportunity and 
        Affordability Act of 2008, the Secretary shall--
                    ``(A) prepare a report on the adequacy of the 
                information provided to students and the parents of 
                such students about educational loans, after consulting 
                with students, representatives of covered institutions 
                (including financial aid administrators, registrars, 
                and business officers), lenders, loan servicers, and 
                guaranty agencies;
                    ``(B) develop and prescribe by regulation a model 
                disclosure form to be used by lenders and covered 
                institutions in carrying out subsections (b) and (c) 
                that--
                            ``(i) will be easy for students and parents 
                        to read and understand;
                            ``(ii) will be easily usable by lenders, 
                        institutions, guaranty agencies, and loan 
                        servicers;
                            ``(iii) will provide students and parents 
                        with the relevant, meaningful, and standard 
                        information about the terms and conditions for 
                        both Federal and private educational loans;
                            ``(iv) is based on the report's findings 
                        and developed in consultation with--
                                    ``(I) students;
                                    ``(II) representatives of covered 
                                institutions, including financial aid 
                                administrators, registrars, business 
                                officers, and student affairs 
                                officials;
                                    ``(III) lenders;
                                    ``(IV) loan servicers;
                                    ``(V) guaranty agencies; and
                                    ``(VI) with respect to the 
                                requirements of clause (vi) concerning 
                                private educational loans, the Board of 
                                Governors of the Federal Reserve 
                                System;
                            ``(v) provides information on the 
                        applicable interest rates and other terms and 
                        conditions of the educational loans provided by 
                        a lender to students attending the institution, 
                        or the parents of such students, disaggregated 
                        by each type of educational loan (including 
                        opportunity pools as defined in section 155(f)) 
                        provided to such students or parents by the 
                        lender, including--
                                    ``(I) the rate of interest, or the 
                                potential range of rates of interest, 
                                applicable to the loan, and whether 
                                such rates are fixed or variable;
                                    ``(II) limitations, if any, on 
                                interest rate adjustments, both in 
                                terms of frequency and amount, or lack 
                                thereof;
                                    ``(III) co-borrower requirements, 
                                including changes in interest rates;
                                    ``(IV) any fees associated with the 
                                loan;
                                    ``(V) the repayment terms available 
                                on the loan;
                                    ``(VI) the opportunity for 
                                deferment or forbearance in repayment 
                                of the loan, including whether the loan 
                                payments can be deferred if the student 
                                is in school;
                                    ``(VII) any additional terms and 
                                conditions applied to the loan, 
                                including any benefits that are 
                                contingent on the repayment behavior of 
                                the borrower;
                                    ``(VIII) the annual percentage rate 
                                for such loans, determined in the 
                                manner required under section 107 of 
                                the Truth in Lending Act (15 U.S.C. 
                                1606);
                                    ``(IX) an example of the total cost 
                                of the educational loan over the life 
                                of the loan which shall be calculated--
                                            ``(aa) using a principal 
                                        amount and the maximum rate of 
                                        interest actually offered by 
                                        the lender; and
                                            ``(bb) both with and 
                                        without capitalization of 
                                        interest, if that is an option 
                                        for postponing interest 
                                        payments;
                                    ``(X) the consequences for the 
                                borrower of defaulting on a loan, 
                                including any limitations on the 
                                discharge of an educational loan in 
                                bankruptcy;
                                    ``(XI) contact information for the 
                                lender; and
                                    ``(XII) any philanthropic 
                                contributions made by the lender to the 
                                covered institution, including the 
                                purpose of the contribution and any 
                                conditions related to its use; and
                            ``(vi) provides, in addition, with respect 
                        to private educational loans, the following 
                        information with respect to loans made by each 
                        lender recommended by the covered institution:
                                    ``(I) the method of determining the 
                                interest rate of the loan;
                                    ``(II) potential finance charges, 
                                late fees, penalties, and adjustments 
                                to principal, based on defaults or late 
                                payments of the borrower; and
                                    ``(III) such other information as 
                                the Secretary may require; and
                    ``(C)(i) submit the report and model disclosure 
                form to the authorizing committees; and
                    ``(ii) make the report and model disclosure form 
                available to covered institutions, lenders, and the 
                public.
            ``(2) Model form update.--Not later than 1 year after the 
        submission of the report and model disclosure form described in 
        paragraph (1)(B), the Secretary shall--
                    ``(A) assess the adequacy of the model disclosure 
                form;
                    ``(B) after consulting with students, 
                representatives of covered institutions (including 
                financial aid administrators, registrars, business 
                officers, and student affairs officials), lenders, loan 
                servicers, guaranty agencies, and the Board of 
                Governors of the Federal Reserve System--
                            ``(i) prepare a list of any improvements to 
                        the model disclosure form that have been 
                        identified as beneficial to borrowers; and
                            ``(ii) update the model disclosure form 
                        after taking such improvements into 
                        consideration; and
                    ``(C)(i) submit the list of improvements and 
                updated model disclosure form to the authorizing 
                committees; and
                    ``(ii) make the updated model disclosure form 
                available to covered institutions, lenders, and the 
                public.
            ``(3) Use of form.--The Secretary shall take such steps as 
        necessary to make the model disclosure form, and the updated 
        model disclosure form, available to covered institutions and to 
        encourage--
                    ``(A) lenders subject to subsection (b) to use the 
                model disclosure form or updated model disclosure form 
                (if available) in providing the information required 
                under subsection (b); and
                    ``(B) covered institutions to use such format in 
                preparing the information reported under subsection 
                (c).
            ``(4) Procedures.--Sections 482(c) and 492 of this Act 
        shall not apply to the model disclosure form prescribed under 
        paragraph (1)(B), but shall apply to the updating of such form 
        under paragraph (2).
    ``(b) Lender Duties.--Each lender that has a preferred lender 
arrangement with a covered institution shall, by March 1 of each year, 
or such other date determined by the Secretary, provide to the covered 
institution and to the Secretary the information included on the model 
disclosure form or an updated model disclosure form (if available) for 
each type of educational loan (including opportunity pools as defined 
in section 155(f)) to be offered by the lender to students attending 
the covered institution, or the parents of such students, for the 
forthcoming academic year.
    ``(c) Covered Institution Reports.--Each covered institution 
shall--
            ``(1) prepare and submit to the Secretary an annual report, 
        by a date determined by the Secretary, that includes, for each 
        lender that has a preferred lender arrangement with the covered 
        institution and that has submitted to the institution the 
        information required under subsection (b)--
                    ``(A) the information included on the model 
                disclosure form or updated model disclosure form (if 
                available) for each type of educational loan provided 
                by the lender to students attending the covered 
                institution, or the parents of such students; and
                    ``(B) a detailed explanation of why the covered 
                institution believes the terms and conditions of each 
                type of educational loan provided pursuant to the 
                agreement are beneficial for students attending the 
                covered institution, or the parents of such students; 
                and
            ``(2) ensure that the report required under paragraph (1) 
        is made available to the public and provided to students 
        attending or planning to attend the covered institution, and 
        the parents of such students, in time for the student or parent 
        to take such information into account before applying for or 
        selecting an educational loan.
    ``(d) Disclosures by Covered Institutions.--A covered institution 
shall disclose, on its website and in the informational materials 
described in subsection (e)--
            ``(1) a statement that--
                    ``(A) indicates that students are not limited to or 
                required to use the lenders the institution recommends; 
                and
                    ``(B) the institution is required to process the 
                documents required to obtain a Federal educational loan 
                from any eligible lender the student selects;
            ``(2) at a minimum, all of the information provided by the 
        model disclosure form prescribed under subsection (a)(1)(B), or 
        updated model disclosure form (if available), with respect to 
        any lender recommended by the institution for Federal 
        educational loans and, as applicable, private educational loans 
        (including opportunity pools as defined in section 155(f));
            ``(3) the maximum amount of Federal grant and loan aid 
        available to students in an easy-to-understand format; and
            ``(4) the institution's cost of attendance (as determined 
        under section 472).
    ``(e) Informational Materials.--The informational materials 
described in this subsection are publications, mailings, or electronic 
messages or media distributed to prospective or current students and 
parents of students that describe or discuss the financial aid 
opportunities available to students at an institution of higher 
education.

``SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS FOR 
              COVERED INSTITUTIONS.

    ``A covered institution that provides information to any student, 
or the parent of such student, regarding a private educational loan 
from a lender shall, prior to or concurrent with such information--
            ``(1) inform the student or parent of--
                    ``(A) the student or parent's eligibility for 
                assistance and loans under title IV; and
                    ``(B) the terms and conditions of such private 
                educational loan that may be less favorable than the 
                terms and conditions of educational loans for which the 
                student or parent is eligible, including interest 
                rates, repayment options, and loan forgiveness; and
            ``(2) ensure that information regarding such private 
        educational loan is presented in such a manner as to be 
        distinct from information regarding loans that are made, 
        insured, or guaranteed under title IV.

``SEC. 155. INTEGRITY PROVISIONS.

    ``(a) Institution Code of Conduct Required.--
            ``(1) Code of conduct.--Each institution of higher 
        education that participates in the Federal student loan 
        programs under title IV or has students that obtain private 
        educational loans shall--
                    ``(A) develop a code of conduct in accordance with 
                paragraph (2) with which its officers, employees, and 
                agents shall comply with respect to educational loans;
                    ``(B) publish the code of conduct prominently on 
                its website; and
                    ``(C) administer and enforce such code in 
                accordance with the requirements of this subsection.
            ``(2) Contents of code.--The code required by this section 
        shall--
                    ``(A) prohibit a conflict of interest with the 
                responsibilities of such officer, employee, or agent 
                with respect to educational loans; and
                    ``(B) at a minimum, include provisions in 
                compliance with the provisions of the following 
                subsections of this section.
            ``(3) Training and compliance.--An institution of higher 
        education shall administer and enforce a code of conduct 
        required by this section by, at a minimum, requiring all of its 
        officers, employees, and agents with responsibilities with 
        respect to educational loans to obtain training annually in 
        compliance with the code.
    ``(b) Gift Ban.--
            ``(1) Prohibition.--No officer, employee, or agent of a 
        covered institution who is employed in the financial aid office 
        of the institution, or who otherwise has responsibilities with 
        respect to educational loans, shall solicit or accept any gift 
        from a lender, guarantor, or servicer of educational loans.
            ``(2) Inspector general report.--The Inspector General of 
        the Department of Education shall investigate any reported 
        violation of this subsection and shall annually submit a report 
        to the authorizing committees identifying all substantiated 
        violations of the gift ban under paragraph (1), including the 
        lenders and covered institutions involved in each such 
        violation, for the preceding year.
            ``(3) Definition of gift.--
                    ``(A) In general.--In this subsection, the term 
                `gift' means any gratuity, favor, discount, 
                entertainment, hospitality, loan, or other item having 
                a monetary value of more than a de minimus amount. The 
                term includes a gift of services, transportation, 
                lodging, or meals, whether provided in kind, by 
                purchase of a ticket, payment in advance, or 
                reimbursement after the expense has been incurred.
                    ``(B) Exceptions.--The term `gift' shall not 
                include any of the following:
                            ``(i) Standard material, activities, or 
                        programs on issues related to a loan, default 
                        aversion, default prevention, or financial 
                        literacy, such as a brochure, a workshop, or 
                        training.
                            ``(ii) Food, refreshments, training, or 
                        informational material furnished to an officer, 
                        employee, or agent of an institution as an 
                        integral part of a training session that is 
                        designed to improve the service of a lender, 
                        guarantor, or servicer of educational loans to 
                        the covered institution, if such training 
                        contributes to the professional development of 
                        the officer, employee, or agent of the 
                        institution.
                            ``(iii) Favorable terms, conditions, and 
                        borrower benefits on an educational loan 
                        provided to a student employed by the covered 
                        institution if such terms, conditions, or 
                        benefits are comparable to those provided to 
                        all students of the institution.
                            ``(iv) Entrance and exit counseling 
                        services provided to borrowers to meet a 
                        covered institution's responsibilities for 
                        entrance and exit counseling as required by 
                        section 485(b) provided that--
                                    ``(I) a covered institution's staff 
                                are in control of the counseling 
                                (whether in person or via electronic 
                                capabilities); and
                                    ``(II) such counseling does not 
                                promote the products or services of any 
                                lender.
                            ``(v) Philanthropic contributions to a 
                        covered institution from a lender, guarantor, 
                        or servicer of educational loans that are 
                        unrelated to educational loans, provided, as 
                        applicable, that such contributions are 
                        disclosed pursuant to section 153(a)(1) and 
                        section 153(a)(2).
                            ``(vi) State education grants, 
                        scholarships, or financial aid funds 
                        administered by or on behalf of a State.
                    ``(C) Rule for gifts to family members.--For 
                purposes of this section, a gift to a family member of 
                an officer, employee, or agent of a covered 
                institution, or a gift to any other individual based on 
                that individual's relationship with the officer, 
                employee, or agent, shall be considered a gift to the 
                officer, employee, or agent if--
                            ``(i) the gift is given with the knowledge 
                        and acquiescence of the officer, employee, or 
                        agent; and
                            ``(ii) the officer, employee, or agent has 
                        reason to believe the gift was given because of 
                        the official position of the officer, employee, 
                        or agent.
    ``(c) Contracting Arrangements Prohibited.--
            ``(1) Prohibition.--An officer, employee, or agent who is 
        employed in the financial aid office of a covered institution, 
        or who otherwise has responsibilities with respect to 
        educational loans, shall not accept from any lender or 
        affiliate of any lender (as the term affiliate is defined in 
        section 487(a)) any fee, payment, or other financial benefit 
        (including the opportunity to purchase stock) as compensation 
        for any type of consulting arrangement or other contract to 
        provide services to a lender or on behalf of a lender.
            ``(2) Exceptions.--Nothing in this subsection shall be 
        construed as prohibiting--
                    ``(A) an officer, employee, or agent of a covered 
                institution who is not employed in the institution's 
                financial aid office, or who does not otherwise have 
                responsibilities with respect to educational loans, 
                from paid or unpaid service on a board of directors of 
                a lender, guarantor, or servicer of educational loans;
                    ``(B) an officer, employee, or agent of a covered 
                institution who is not employed in the financial aid 
                office but who has responsibility with respect to 
                educational loans as a result of a position held at the 
                covered institution, from paid or unpaid service on a 
                board of directors of a lender, guarantor, or servicer 
                of educational loans, provided that the covered 
                institution has a written conflict of interest policy 
                that clearly sets forth that such an officer, employee, 
                or agent must be recused from participating in any 
                decision of the board with respect to any transaction 
                regarding educational loans; or
                    ``(C) an officer, employee, or agent of a lender, 
                guarantor, or servicer of educational loans from 
                serving on a board of directors or serving as a trustee 
                of a covered institution, provided that the covered 
                institution has a written conflict of interest policy 
                that clearly sets forth the procedures to be followed 
                in instances where such a board member's or trustee's 
                personal or business interests with respect to 
                educational loans may be advanced by an action of the 
                board of directors or trustees, including a provision 
                that such a board member or trustee may not participate 
                in any decision to approve any transaction where such 
                conflicting interests may be advanced.
    ``(d) Ban on Revenue Sharing Arrangements.--
            ``(1) Prohibition.--A covered institution shall not enter 
        into any revenue sharing arrangement with any lender.
            ``(2) Definition.--For purposes of this subsection, a 
        revenue sharing arrangement is an arrangement between a covered 
        institution and a lender under which--
                    ``(A) a lender provides or issues educational loans 
                to students attending the institution or to parents of 
                such students; and
                    ``(B)(i) the institution recommends the lender or 
                the loan products of the lender; and
                    ``(ii) in exchange, the lender pays a fee or 
                provides other material benefits, including revenue or 
                profit sharing, to the institution or officers, 
                employees, or agents of the institution.
    ``(e) Ban on Staffing Assistance.--
            ``(1) Prohibition.--A covered institution shall not request 
        or accept from any lender any assistance with call center 
        staffing or financial aid office staffing.
            ``(2) Certain assistance permitted.--Nothing in paragraph 
        (1) shall be construed to prohibit a covered institution from 
        requesting or accepting assistance from a lender related to--
                    ``(A) professional development training for 
                financial aid administrators;
                    ``(B) providing educational counseling materials, 
                financial literacy materials, or debt management 
                materials to borrowers, provided that such materials 
                disclose to borrowers the identification of any lender 
                that assisted in preparing or providing such materials; 
                or
                    ``(C) staffing services on a short-term, non-
                recurring basis to assist the institution with 
                financial aid-related functions during emergencies, 
                including State-declared or federally declared natural 
                disasters, federally declared national disasters, and 
                other localized disasters and emergencies identified by 
                the Secretary.
    ``(f) Prohibition on Offers of Funds for Private Loans.--
            ``(1) Prohibition.--A covered institution shall not request 
        or accept from any lender any offer of funds, including any 
        opportunity pool, to be used for private educational loans to 
        students in exchange for the covered institution providing 
        concessions or promises to the lender with respect to such 
        institution providing the lender with a specified number of 
        loans, a specified loan volume, or a preferred lender 
        arrangement for any loan made, insured, or guaranteed under 
        title IV, and a lender shall not make any such offer.
            ``(2) Definition.--In this subsection, the term 
        `opportunity pool' means an educational loan made by a private 
        lender to a student attending the covered institution or the 
        parent of such a student that is in any manner guaranteed by a 
        covered institution, or that involves a payment, directly or 
        indirectly, by such an institution of points, premiums, 
        payments, additional interest, or other financial support to 
        such lender for the purpose of such lender extending credit to 
        either the students or the parents of students of the 
        institution.
    ``(g) Ban on Participation on Advisory Councils.--An officer, 
employee, or agent who is employed in the financial aid office of a 
covered institution, or who otherwise has responsibilities with respect 
to educational loans, shall not serve on or otherwise participate with 
advisory councils of lenders or affiliates of lenders. Nothing in this 
subsection shall prohibit lenders from seeking advice from covered 
institutions or groups of covered institutions (including through 
telephonic or electronic means, or a meeting) in order to improve 
products and services for borrowers, provided there are no gifts or 
compensation (including for transportation, lodging, or related 
expenses) provided by lenders in connection with seeking this advice 
from such institutions. Nothing in this subsection shall prohibit an 
officer, employee, or agent of a covered institution from serving on 
the board of directors of a lender if required by State law.

``SEC. 156. COMPLIANCE AND ENFORCEMENT.

    ``(a) Condition of Any Federal Assistance.--Notwithstanding any 
other provision of law, a covered institution or lender shall comply 
with this part as a condition of receiving Federal funds or assistance 
provided after the date of enactment of the College Opportunity and 
Affordability Act of 2008.
    ``(b) Penalties.--Notwithstanding any other provision of law, if 
the Secretary determines, after providing notice and an opportunity for 
a hearing for a covered institution or lender, that the covered 
institution or lender has violated subsection (a)--
            ``(1) in the case of a covered institution, or a lender 
        that does not participate in a loan program under title IV, the 
        Secretary may impose a civil penalty in an amount of not more 
        than $27,500; and
            ``(2) in the case of a lender that does participate in a 
        program under title IV, the Secretary may impose a civil 
        penalty in an amount of not more than $27,500, or limit, 
        terminate, or suspend the lender's participation in such 
        program.
    ``(c) Considerations.--In taking any action against a covered 
institution or lender under subsection (b), the Secretary shall take 
into consideration the nature and severity of the violation of 
subsection (a).

``SEC. 157. STUDENT LOAN COUNSELING.

    ``(a) Borrower Contact.--
            ``(1) FFEL loans.--Each holder of a loan under part B of 
        title IV shall contact the borrower each year after five years 
        has passed from the date that a borrower first selected either 
        a graduated, extended, income sensitive, or income contingent 
        repayment plan to ascertain if the borrower is able to select a 
        repayment plan with a shorter repayment period that would 
        reduce the total interest paid on the borrower's loan or loans 
        under this part.
            ``(2) Direct loans.--The Secretary shall contact the 
        borrower of each loan under part D or E of title IV each year 
        after five years has passed from the date that a borrower first 
        selected either an extended, graduated, income contingent, or 
        alternative repayment plan to ascertain if the borrower is able 
        to select a repayment plan for a shorter repayment period that 
        would reduce the total interest paid on the borrower's loan 
        under this part.
    ``(b) Required Disclosure Before Disbursement.--
            ``(1) Disclosures before repayment.--Each lender of a loan 
        under part B of title IV, and the Secretary with respect to 
        each loan under part D or E of such title, shall provide to the 
        borrower before repayment begins an explanation of principal to 
        be borrowed, current balance, interest already paid, and 
        interest due over the life of the loan, options by which 
        borrowers may avoid or be removed from default, relevant fees 
        associated with these options, and repayment options available 
        to the borrower entering repayment, including income contingent 
        repayment and income-based repayment.
            ``(2) Disclosures during repayment.--Each lender of a loan 
        under part B of title IV, and the Secretary with respect to 
        each loan under part D or E of such title, shall provide to the 
        borrower during repayment an explanation of principal borrowed, 
        current balance, interest already paid and interest due over 
        the life of the loan, options by which borrowers may avoid or 
        be removed from default, relevant fees associated with these 
        options, and repayment options available to the borrower 
        entering repayment, including income contingent repayment and 
        income-based repayment. Each such lender and the Secretary 
        shall also notify any borrower who tells the lender or the 
        Secretary that the borrower is having difficulty making 
        payments of the repayment options available, including 
        forbearance. Each such lender and the Secretary shall make an 
        explanation of repayment options available to the borrower, 
        including income contingent repayment and forbearance, before 
        the loan is disbursed, before repayment, and during repayment 
        if the borrower notifies the lender or the Secretary that the 
        borrower is having difficulty making payments.
    ``(c) Institutional Counseling.--
            ``(1) In general.--Each institution of higher education 
        shall, through financial aid officers or otherwise, make 
        available counseling to borrowers of loans which are made, 
        insured, or guaranteed under part B (other than loans made 
        pursuant to section 428B) of this title or made under part D or 
        E of this title prior to their signing the first promissory 
        note. The counseling shall include--
                    ``(A) average indebtedness of borrowers at that 
                school, to be supplied by the Secretary;
                    ``(B) sample monthly repayment amounts based on a 
                range of student levels of indebtedness and on the 
                average indebtedness of Stafford loan borrowers at the 
                same school or in the same program of study at the same 
                school;
                    ``(C) data to be supplied by the Secretary on 
                starting salaries for graduates of institutions by type 
                and control of institution, and field of study;
                    ``(D) repayment options available to the borrower 
                when entering repayment, including income contingent 
                repayment and income-based repayment;
                    ``(E) detail to be supplied by the Secretary on how 
                interest accrues and is capitalized during periods when 
                it is not being paid by either the borrower or the 
                Secretary; and
                    ``(F) the likely consequences of default, including 
                adverse credit reports, Federal offset, and litigation.
            ``(2) Use of electronic means.--If initial counseling is 
        conducted through interactive electronic means, the institution 
        of higher education shall take reasonable steps to ensure that 
        each student borrower receives the counseling materials, and 
        participates in and completes the initial counseling.
    ``(d) Department of Education Information Disclosure and Technical 
Assistance.--
            ``(1) Obligation.--The Secretary shall display on the 
        Department of Education website and provide to colleges and 
        universities the following information to be used for 
        counseling and consumer information for prospective borrowers:
                    ``(A) Regional data on starting salaries in all 
                major fields.
                    ``(B) The increase in debt that results from 
                forbearance on all loans and from capitalization of 
                interest on unsubsidized loans.
                    ``(C) The various repayment options available in 
                the Federal student loan programs, including the 
                availability of the income contingent repayment (ICR) 
                program and the income-based repayment programs (IBR).
                    ``(D) The Federal Government's powers to collect 
                student loans, even when student borrowers are in 
                bankruptcy.
            ``(2) Publicity.--The Secretary shall make the location of 
        the information under paragraph (1) widely known among the 
        public, institutions, and lenders, and promote the use of such 
        information by prospective students, enrolled students, and 
        borrowers after entering repayment.''.

SEC. 116. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT LOAN 
              MARKETPLACE.

    (a) Study Required.--The Secretary of Education shall conduct a 
study of the feasibility of developing a National Electronic Student 
Loan Marketplace that would provide for one or more of the following:
            (1) A registry of real-time information on Federal student 
        loans (including loans under parts B and D of title IV of the 
        Higher Education Act of 1965) and private educational loans (as 
        defined in section 151 such Act of 1965 (as amended by this 
        Act)) for both undergraduate and graduate students, and parents 
        of students, for use by prospective borrowers or any person 
        desiring information regarding available interest rates, fees, 
        and other terms from lenders.
            (2) Means by which lenders that participate in such 
        marketplace would be bound to honor advertised rates or 
        benefits.
            (3) A mechanism whereby borrowers and student financial aid 
        officials could publicly post or otherwise make available for 
        users accessing the system their comments, opinions, or ratings 
        concerning their experience as to the quality of lenders' loan 
        products and loan servicing and other measurements or 
        indicators of customer satisfaction.
            (4) A mechanism whereby prospective borrowers could be 
        matched with lenders that offer highly competitive products and 
        loan servicing quality, including any procedures and safeguards 
        necessary to minimize potentially adverse effects of multiple 
        inquiries into participating borrowers' credit histories 
        recorded by credit reporting agencies.
            (5) Options concerning the establishment and ongoing 
        maintenance of such a system, including whether such a system 
        should be operated by one or more nonprofit or for-profit 
        entities, how these entities should structure or organize such 
        a system in order to provide the highest assurance of 
        independence from, and the absence of any conflicting interest 
        with, lenders participating in such a system, and methods to 
        finance such a system at no or minimal cost to consumers and 
        the Government.
            (6) Other features that the Secretary determines could help 
        prospective borrowers make informed decisions in selecting 
        lenders from whom to obtain Federal and private educational 
        loans.
    (b) Consultation.--In conducting the study required by this 
section, the Secretary of Education shall consult with--
            (1) the Federal Trade Commission;
            (2) representatives of student loan borrowers;
            (3) representatives from institutions of higher education, 
        including financial aid administrators, registrars, business 
        officers, and student affairs officials;
            (4) Federal and private education loan lenders, loan 
        servicers, and guaranty agencies; and
            (5) any other appropriate agency that is a member of the 
        Financial Literacy and Education Commission established under 
        the Financial Literacy and Education Improvement Act (20 U.S.C. 
        9701 et seq.).
    (c) Report.--Not later than 6 months after completion of the model 
interest rate report format required under section 153(a)(1) of the 
Higher Education Act of 1965 (as amended by this Act), the Secretary of 
Education shall submit a report to the authorizing committees (as 
defined in section 103 of such Act) concerning the findings of the 
feasibility study together with an assessment of the advantages and 
disadvantages for consumers, institutions of higher education, lenders, 
and the Government of establishing such a system.

                      TITLE II--TITLE II REVISION

SEC. 201. REVISION OF TITLE II.

    Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:

                ``TITLE II--TEACHER QUALITY ENHANCEMENT

``SEC. 200. DEFINITIONS.

    ``For purposes of this title:
            ``(1) Arts and sciences.--The term `arts and sciences' 
        means--
                    ``(A) when referring to an organizational unit of 
                an institution of higher education, any academic unit 
                that offers 1 or more academic majors in disciplines or 
                content areas corresponding to the academic subject 
                matter areas in which teachers provide instruction; and
                    ``(B) when referring to a specific academic subject 
                area, the disciplines or content areas in which 
                academic majors are offered by the arts and sciences 
                organizational unit.
            ``(2) Children from low-income families.--The term 
        `children from low-income families' means children as described 
        in section 1124(c)(1)(A) of the Elementary and Secondary 
        Education Act of 1965.
            ``(3) Core academic subjects.--The term `core academic 
        subjects' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
            ``(4) Early childhood education program.--The term `early 
        childhood education program' means--
                    ``(A) a Head Start program or an Early Head Start 
                program carried out under the Head Start Act (42 U.S.C. 
                9831 et seq.), and includes Migrant and Seasonal Head 
                Start and American Indian/Alaska Native Head Start;
                    ``(B) a State licensed or regulated child care 
                program or school; or
                    ``(C) a State prekindergarten program (including a 
                program authorized under section 619 or part C of the 
                Individuals with Disabilities Education Act) that 
                serves children from birth through kindergarten and 
                that addresses the children's cognitive (including 
                language, early literacy, and pre-numeracy), social, 
                emotional, and physical development.
            ``(5) Early childhood educator.--The term `early childhood 
        educator' means an individual with primary responsibility for 
        the education of children in an early childhood education 
        program.
            ``(6) Educational service agency.--The term `educational 
        service agency' has the meaning given the term in section 9101 
        of the Elementary and Secondary Education Act of 1965.
            ``(7) Essential components of reading instruction.--The 
        term `essential components of reading instruction' has the 
        meaning given such term in section 1208 of the Elementary and 
        Secondary Education Act of 1965.
            ``(8) Exemplary teacher.--The term `exemplary teacher' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965.
            ``(9) High-need early childhood education program.--The 
        term `high-need early childhood education program' means an 
        early childhood education program serving children from low-
        income families that is located within the geographic area 
        served by a high-need local educational agency.
            ``(10) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational 
        agency--
                    ``(A)(i) for which not less than 20 percent of the 
                children served by the agency are children from low-
                income families;
                    ``(ii) that serves not fewer than 10,000 children 
                from low-income families; or
                    ``(iii) with a total of less than 600 students in 
                average daily attendance at the schools that are served 
                by the agency, and all of the schools that are served 
                by the agency are designated with a school locale code 
                of Rural: Fringe, Rural: Distant, or Rural: Remote, as 
                determined by the Secretary; and
                    ``(B)(i) for which there is a high percentage of 
                teachers not teaching in the academic subject areas or 
                grade levels in which the teachers were trained to 
                teach; or
                    ``(ii) for which there is a high teacher turnover 
                rate or a high percentage of teachers with emergency, 
                provisional, or temporary certification or licensure.
            ``(11) High-need school.--Notwithstanding section 103, the 
        term `high-need school' means a public elementary school or 
        public secondary school that--
                    ``(A) is among the highest 25 percent of schools 
                served by the local educational agency that serves the 
                school, in terms of the percentage of students from 
                families with incomes below the poverty line; or
                    ``(B) is designated with a school locale code of 
                Rural: Fringe, Rural: Distant, or Rural: Remote, as 
                determined by the Secretary.
            ``(12) Highly competent.--The term `highly competent', when 
        used with respect to an early childhood educator, means an 
        educator--
                    ``(A) with specialized education and training in 
                development and education of young children from birth 
                until entry into kindergarten;
                    ``(B) with--
                            ``(i) a baccalaureate degree in an academic 
                        major in the arts and sciences; or
                            ``(ii) an associate's degree in a related 
                        educational area; and
                    ``(C) who has demonstrated a high level of 
                knowledge and use of content and pedagogy in the 
                relevant areas associated with quality early childhood 
                education.
            ``(13) Highly qualified.--The term `highly qualified' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 and, with respect to 
        special education teachers, in section 602 of the Individuals 
        with Disabilities Education Act.
            ``(14) Literacy coach.--The term `literacy coach' means an 
        individual--
                    ``(A) who--
                            ``(i) has teaching experience and a 
                        master's degree with a concentration in reading 
                        and writing education; and
                            ``(ii) has demonstrated proficiency (as 
                        determined by the principal of the individual's 
                        school) in teaching reading and writing in a 
                        content area such as math, science, or social 
                        studies;
                    ``(B) whose primary role with teachers and school 
                personnel is--
                            ``(i) to provide high-quality professional 
                        development opportunities for teachers and 
                        school personnel related to literacy;
                            ``(ii) with respect to the areas of reading 
                        and writing, to collaborate with 
                        paraprofessionals, teachers, principals, and 
                        other administrators, and the community served 
                        by the school; and
                            ``(iii) to work cooperatively and 
                        collaboratively with other professionals in 
                        planning programs to meet the needs of diverse 
                        population learners, including children with 
                        disabilities and limited English proficient 
                        individuals; and
                    ``(C) who may provide students with--
                            ``(i) reading or writing diagnosis and 
                        instruction; and
                            ``(ii) reading and writing assessment, 
                        including assessment in cooperation with other 
                        professionals (such as special education 
                        teachers, speech and language teachers, and 
                        school psychologists).
            ``(15) Poverty line.--The term `poverty line' means the 
        poverty line (as defined in section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.
            ``(16) Professional development.--The term `professional 
        development' has the meaning given the term in section 9101 of 
        the Elementary and Secondary Education Act of 1965.
            ``(17) Scientifically valid research.--The term 
        `scientifically valid research' includes applied research, 
        basic research, and field-initiated research in which the 
        rationale, design, and interpretation are soundly developed in 
        accordance with accepted principles of scientific research.
            ``(18) Teaching skills.--The term `teaching skills' means 
        skills that enable a teacher to--
                    ``(A) increase student learning, achievement, and 
                the ability to apply knowledge;
                    ``(B) effectively convey and explain academic 
                subject matter;
                    ``(C) employ strategies grounded in the disciplines 
                of teaching and learning that--
                            ``(i) are based on empirically based 
                        practice and scientifically valid research, 
                        where applicable, related to teaching and 
                        learning;
                            ``(ii) are specific to academic subject 
                        matter; and
                            ``(iii) focus on the identification of 
                        students' specific learning needs, particularly 
                        students with disabilities, students who are 
                        limited English proficient, students who are 
                        gifted and talented, and students with low 
                        literacy levels, and the tailoring of academic 
                        instruction to such needs;
                    ``(D) conduct an ongoing assessment of student 
                learning, which may include the use of formative 
                assessments, performance-based assessments, project-
                based assessments, or portfolio assessments, that 
                measure higher-order thinking skills, including 
                application, analysis, synthesis, and evaluation;
                    ``(E) effectively manage a classroom, including the 
                ability to implement positive behavioral intervention 
                support strategies;
                    ``(F) communicate and work with parents and 
                guardians, and involve parents and guardians in their 
                children's education; and
                    ``(G) use, in the case of an early childhood 
                educator, age-appropriate and developmentally 
                appropriate strategies and practices for children in 
                early education programs.

``SEC. 200A. RULE OF CONSTRUCTION.

    ``Nothing in this title shall be construed to alter or otherwise 
affect the rights, remedies, and procedures afforded to the employees 
of local educational agencies under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers, including 
the right of employees of local educational agencies to engage in 
collective bargaining with their employers.

              ``PART A--TEACHER QUALITY PARTNERSHIP GRANTS

``SEC. 201. PURPOSES; DEFINITIONS.

    ``(a) Purposes.--The purposes of this part are to--
            ``(1) improve student achievement;
            ``(2) improve the quality of the current and future 
        teaching force by improving the preparation of prospective 
        teachers and enhancing professional development activities;
            ``(3) hold teacher preparation programs at institutions of 
        higher education accountable for preparing highly qualified 
        teachers; and
            ``(4) recruit highly qualified individuals, including 
        minorities and individuals from other occupations, into the 
        teaching force.
    ``(b) Definitions.--In this part:
            ``(1) Eligible partnership.--The term `eligible 
        partnership' means an entity that--
                    ``(A) shall include--
                            ``(i) a high-need local educational agency;
                            ``(ii) a high-need school or a consortium 
                        of high-need schools served by the high-need 
                        local educational agency or, as applicable, a 
                        high-need early childhood education program;
                            ``(iii) a partner institution;
                            ``(iv) a school, department, or program of 
                        education within such partner institution or a 
                        teacher professional development program within 
                        such partner institution; and
                            ``(v) a school or department of arts and 
                        sciences within such partner institution; and
                    ``(B) may include any of the following:
                            ``(i) The Governor of the State.
                            ``(ii) The State educational agency.
                            ``(iii) The State board of education.
                            ``(iv) The State agency for higher 
                        education.
                            ``(v) A business.
                            ``(vi) A public or private nonprofit 
                        educational organization.
                            ``(vii) An educational service agency.
                            ``(viii) A teacher organization.
                            ``(ix) A high-performing local educational 
                        agency, or a consortium of such local 
                        educational agencies, that can serve as a 
                        resource to the partnership.
                            ``(x) A charter school (as defined in 
                        section 5210 of the Elementary and Secondary 
                        Education Act of 1965).
                            ``(xi) A school or department within the 
                        partner institution that focuses on psychology 
                        and human development.
                            ``(xii) A school or department within the 
                        partner institution with comparable expertise 
                        in the disciplines of teaching, learning, and 
                        child and adolescent development.
                            ``(xiii) An entity operating a program that 
                        provides alternative routes to State 
                        certification of teachers.
            ``(2) Induction program.--The term `induction program' 
        means a formalized program for new teachers during not less 
        than the teachers' first 2 years of teaching that is designed 
        to provide support for, and improve the professional 
        performance and advance the retention in the teaching field of, 
        beginning teachers. Such program shall promote effective 
        teaching skills and shall include the following components:
                    ``(A) High-quality teacher mentoring.
                    ``(B) Periodic, structured time for collaboration 
                with mentor teachers in the same department or field, 
                as well as time for information-sharing among teachers, 
                principals, administrators, and participating faculty 
                in the partner institution.
                    ``(C) The application of empirically based practice 
                and scientifically valid research on instructional 
                practices.
                    ``(D) Opportunities for new teachers to draw 
                directly upon the expertise of teacher mentors, 
                faculty, and researchers to support the integration of 
                empirically based practice and scientifically valid 
                research with practice.
                    ``(E) The development of skills in instructional 
                and behavioral interventions derived from empirically 
                based practice and, where applicable, scientifically 
                valid research.
                    ``(F) Faculty who--
                            ``(i) model the integration of research and 
                        practice in the classroom; and
                            ``(ii) assist new teachers with the 
                        effective use and integration of technology in 
                        the classroom.
                    ``(G) Interdisciplinary collaboration among 
                exemplary teachers, faculty, researchers, and other 
                staff who prepare new teachers with respect to the 
                learning process and the assessment of learning.
                    ``(H) Assistance with the understanding of data, 
                particularly student achievement data, and the data's 
                applicability in classroom instruction.
                    ``(I) Structured and formal observation of new 
                teachers, and feedback for such teachers, at least 4 
                times each school year by multiple evaluators, 
                including master teachers and the principal, using 
                valid and reliable benchmarks of teaching skills and 
                standards developed with input from teachers.
            ``(3) Partner institution.--The term `partner institution' 
        means an institution of higher education, which may include a 
        2-year institution of higher education offering a dual program 
        with a 4-year institution of higher education, participating in 
        an eligible partnership that has a teacher preparation 
        program--
                    ``(A) whose graduates exhibit strong performance on 
                State-determined qualifying assessments for new 
                teachers through--
                            ``(i) demonstrating that 80 percent or more 
                        of the graduates of the program who intend to 
                        enter the field of teaching have passed all of 
                        the applicable State qualification assessments 
                        for new teachers, which shall include an 
                        assessment of each prospective teacher's 
                        subject matter knowledge in the content area in 
                        which the teacher intends to teach; or
                            ``(ii) being ranked among the highest-
                        performing teacher preparation programs in the 
                        State as determined by the State--
                                    ``(I) using criteria consistent 
                                with the requirements for the State 
                                report card under section 205(b); and
                                    ``(II) using the State report card 
                                on teacher preparation required under 
                                section 205(b), after the first 
                                publication of such report card and for 
                                every year thereafter;
                    ``(B) that requires--
                            ``(i) each student in the program to meet 
                        and demonstrate high academic standards 
                        (including prior to entering and being accepted 
                        into a program) and participate in intensive 
                        clinical experience;
                            ``(ii) each student in the program 
                        preparing to become a teacher to become highly 
                        qualified; and
                            ``(iii) each student in the program 
                        preparing to become an early childhood educator 
                        to meet degree requirements, as established by 
                        the State, and become highly competent; or
                    ``(C) whose participants include current teachers 
                who seek ongoing professional development in the 
                subject matter knowledge in which the teacher is 
                assigned to teach; and
                    ``(D) that requires the faculty of arts and 
                sciences of the partner institution to lead 
                collaborative seminars for such participants for the 
                purpose of--
                            ``(i) improving student learning;
                            ``(ii) enhancing the quality of teaching 
                        and strengthening subject matter mastery and 
                        the pedagogical skills of current teachers 
                        through continuing professional development; 
                        and
                            ``(iii) developing curriculum units, based 
                        on the subject matter presented, for use in the 
                        teachers' classrooms.
            ``(4) Teacher mentoring.--The term `teacher mentoring' 
        means the mentoring of new or prospective teachers through a 
        new or established program that--
                    ``(A) includes clear criteria for the selection of 
                teacher mentors who will provide role model 
                relationships for mentees, which criteria shall be 
                developed by the eligible partnership and based on 
                measures of teacher effectiveness;
                    ``(B) provides high-quality training for such 
                mentors, including instructional strategies for 
                literacy instruction and classroom management;
                    ``(C) provides regular and ongoing opportunities 
                for mentors and mentees to observe each other's 
                teaching methods in classroom settings during the day 
                in a high-need school in the high-need local 
                educational agency in the eligible partnership;
                    ``(D) provides paid release time for mentors;
                    ``(E) provides mentoring to each mentee by a 
                colleague who teaches in the same field, grade, or 
                subject as the mentee;
                    ``(F) promotes empirically based practice of, and 
                scientifically valid research on, where applicable--
                            ``(i) teaching and learning;
                            ``(ii) assessment of student learning;
                            ``(iii) the development of teaching skills 
                        through the use of instructional and behavioral 
                        interventions; and
                            ``(iv) the improvement of the mentees' 
                        capacity to measurably advance student 
                        learning; and
                    ``(G) includes--
                            ``(i) common planning time or regularly 
                        scheduled collaboration for the mentor and 
                        mentee; and
                            ``(ii) joint professional development 
                        opportunities.
            ``(5) Teaching residency program.--The term `teaching 
        residency program' means a school-based teacher preparation 
        program in which a prospective teacher--
                    ``(A) for 1 academic year, teaches alongside a 
                mentor teacher, who is the teacher of record;
                    ``(B) receives concurrent instruction during the 
                year described in subparagraph (A) from the partner 
                institution, which may include courses taught by local 
                educational agency personnel or residency program 
                faculty, in the teaching of the content area in which 
                the teacher will become certified or licensed;
                    ``(C) acquires effective teaching skills; and
                    ``(D) prior to completion of the program, earns a 
                master's degree, attains full State teacher 
                certification or licensure, and becomes highly 
                qualified.

``SEC. 202. PARTNERSHIP GRANTS.

    ``(a) Program Authorized.--From amounts made available under 
section 209, the Secretary is authorized to award grants, on a 
competitive basis, to eligible partnerships, to enable the eligible 
partnerships to carry out the activities described in subsection (c).
    ``(b) Application.--Each eligible partnership desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require. Each such application shall contain--
            ``(1) a needs assessment of all the partners in the 
        eligible partnership with respect to the preparation, ongoing 
        training, professional development, and retention, of general 
        and special education teachers, principals, and, as applicable, 
        early childhood educators;
            ``(2) a description of the extent to which the program 
        prepares prospective and new teachers with strong teaching 
        skills;
            ``(3) a description of how the program will prepare 
        prospective and new teachers to use research and data to modify 
        and improve instruction in the classroom;
            ``(4) a description of how the partnership will coordinate 
        strategies and activities assisted under the grant with other 
        teacher preparation or professional development programs, 
        including those funded under the Elementary and Secondary 
        Education Act of 1965 and the Individuals with Disabilities 
        Education Act, and through the National Science Foundation, and 
        how the activities of the partnership will be consistent with 
        State, local, and other education reform activities that 
        promote student achievement;
            ``(5) a resource assessment that describes the resources 
        available to the partnership, including--
                    ``(A) the integration of funds from other sources;
                    ``(B) the intended use of the grant funds; and
                    ``(C) the commitment of the resources of the 
                partnership, including financial support, faculty 
                participation, and time commitments, to the activities 
                assisted under this section and to the continuation of 
                the activities when the grant ends;
            ``(6) a description of--
                    ``(A) how the partnership will meet the purposes of 
                this part;
                    ``(B) how the partnership will carry out the 
                activities required under subsection (d) or (e) based 
                on the needs identified in paragraph (1), with the goal 
                of improving student achievement;
                    ``(C) the partnership's evaluation plan under 
                section 204(a);
                    ``(D) how the partnership will align the teacher 
                preparation program with the--
                            ``(i) State early learning standards for 
                        early childhood education programs, as 
                        appropriate, and with the relevant domains of 
                        early childhood development; and
                            ``(ii) student academic achievement 
                        standards and academic content standards under 
                        section 1111(b)(2) of the Elementary and 
                        Secondary Education Act of 1965, established by 
                        the State in which the partnership is located;
                    ``(E) how the partnership will prepare general 
                education teachers to teach students with disabilities, 
                including training related to participation as a member 
                of individualized education program teams, as defined 
                in section 614(d)(1)(B) of the Individuals with 
                Disabilities Education Act;
                    ``(F) how the partnership will prepare general 
                education and special education teachers to teach 
                students with limited English proficiency;
                    ``(G) how faculty at the partner institution will 
                work, during the term of the grant, with highly 
                qualified teachers in the classrooms of schools served 
                by the high-need local educational agency in the 
                partnership to provide high-quality professional 
                development activities;
                    ``(H) how the partnership will design, implement, 
                or enhance a year-long, rigorous, and enriching 
                teaching pre-service clinical program component;
                    ``(I) how the partnership will support in-service 
                professional development strategies and activities; and
                    ``(J) how the partnership will collect, analyze, 
                and use data on the retention of all teachers and early 
                childhood educators in schools and early childhood 
                programs located in the geographic area served by the 
                partnership to evaluate the effectiveness of the 
                partnership's teacher and educator support system; and
            ``(7) with respect to the induction program required as 
        part of the activities carried out under this section--
                    ``(A) a description of how the teacher preparation 
                program will design and implement an induction program 
                to support all new teachers through not less than the 
                first 2 years of teaching in the further development of 
                the new teachers' teaching skills, including the use of 
                mentors who are trained and compensated by such program 
                for the mentors' work with new teachers;
                    ``(B) a demonstration that the schools and 
                departments within the institution of higher education 
                that are part of the induction program have relevant 
                and essential roles in the effective preparation of 
                teachers, including content expertise and expertise in 
                teaching;
                    ``(C) a demonstration of the partnership's 
                capability and commitment to the use of empirically 
                based practice and scientifically valid research 
                related to teaching and learning, and the accessibility 
                to and involvement of faculty; and
                    ``(D) a description of how faculty involved in the 
                induction program will be able to substantially 
                participate in an early childhood education program or 
                an elementary or secondary school classroom setting, as 
                applicable, including release time and receiving 
                workload credit for such participation.
    ``(c) Required Use of Grant Funds.--An eligible partnership that 
receives a grant under this section shall use grant funds to carry out 
a program for the pre-baccalaureate preparation of teachers under 
subsection (d), a teaching residency program under subsection (e), a 
leadership development program under subsection (f), or a combination 
of two or more such programs.
    ``(d) Partnership Grants for Pre-Baccalaureate Preparation of 
Teachers.--An eligible partnership that receives a grant to carry out 
an effective program for the pre-baccalaureate preparation of teachers 
shall carry out a program that includes all of the following:
            ``(1) Reforms.--
                    ``(A) In general.--Implementing reforms, described 
                in subparagraph (B), within each teacher preparation 
                program and, as applicable, each preparation program 
                for early childhood education programs, of the eligible 
                partnership that is assisted under this section, to 
                hold each program accountable for--
                            ``(i) preparing--
                                    ``(I) current or prospective 
                                teachers to be highly qualified 
                                (including teachers in rural school 
                                districts who may teach multiple 
                                subjects, special educators, teachers 
                                of students who are limited English 
                                proficient who may teach multiple 
                                subjects, and teachers who are 
                                qualified to teach Advanced Placement 
                                or International Baccalaureate 
                                courses);
                                    ``(II) such teachers and, as 
                                applicable, early childhood educators, 
                                to understand empirically based 
                                practice and scientifically valid 
                                research related to teaching and 
                                learning and its applicability, and to 
                                use technology effectively, including 
                                the use of instructional techniques and 
                                strategies, consistent with the 
                                principles of universal design for 
                                learning, and positive behavioral 
                                support strategies to improve student 
                                achievement; and
                                    ``(III) as applicable, early 
                                childhood educators to be highly 
                                competent; and
                            ``(ii) promoting strong teaching skills, 
                        including the ability to effectively teach 
                        higher-order analytical, evaluative, problem-
                        solving, and communications skills, and, as 
                        applicable, techniques for early childhood 
                        educators to improve children's cognitive, 
                        social, emotional, and physical development.
                    ``(B) Required reforms.--The reforms described in 
                subparagraph (A) shall include--
                            ``(i) implementing teacher preparation 
                        program curriculum changes that improve, 
                        evaluate, and assess how well all prospective 
                        and new teachers develop teaching skills;
                            ``(ii) using empirically based practice and 
                        scientifically valid research, where 
                        applicable, about the disciplines of teaching 
                        and learning so that all prospective teachers 
                        and, as applicable, early childhood educators--
                                    ``(I) can understand and implement 
                                research-based teaching practices in 
                                classroom-based instruction;
                                    ``(II) have knowledge of student 
                                learning methods;
                                    ``(III) possess skills to analyze 
                                student academic achievement data and 
                                other measures of student learning, and 
                                use such data and measures to improve 
                                instruction in the classroom;
                                    ``(IV) possess teaching skills and 
                                an understanding of effective 
                                instructional strategies across all 
                                applicable content areas that enable 
                                general and special education teachers 
                                and early childhood educators to--
                                            ``(aa) meet the specific 
                                        learning needs of all students, 
                                        including students with 
                                        disabilities, students who are 
                                        limited English proficient, 
                                        students who are gifted and 
                                        talented, students with low 
                                        literacy levels and, as 
                                        applicable, children in early 
                                        childhood education programs;
                                            ``(bb) differentiate 
                                        instruction for such students; 
                                        and
                                            ``(cc) effectively teach 
                                        high-order analytical, 
                                        evaluative, problem solving and 
                                        communications skills 
                                        appropriate for the teacher's 
                                        content or specialty area;
                                    ``(V) can effectively participate 
                                in the individualized education program 
                                process, as defined in section 
                                614(d)(1)(B) of the Individuals with 
                                Disabilities Education Act; and
                                    ``(VI) can successfully employ 
                                effective strategies for reading 
                                instruction using the essential 
                                components of reading instruction;
                            ``(iii) ensuring collaboration with 
                        departments, programs, or units of a partner 
                        institution outside of the teacher preparation 
                        program in all academic content areas to ensure 
                        that new teachers receive training in both 
                        teaching and relevant content areas in order to 
                        become highly qualified, which may include 
                        training in multiple subjects to teach multiple 
                        grade levels as may be needed for individuals 
                        preparing to teach in rural communities;
                            ``(iv) developing and implementing an 
                        induction program;
                            ``(v) developing admissions goals and 
                        priorities aligned with the hiring objectives 
                        of the high-need local educational agency in 
                        the eligible partnership; and
                            ``(vi) implementing program curriculum 
                        changes to prepare teachers to teach Advanced 
                        Placement or International Baccalaureate 
                        courses.
            ``(2) Clinical experience and interaction.--Developing and 
        improving a sustained and high-quality pre-service clinical 
        education program to further develop the teaching skills of all 
        prospective teachers and, as applicable, early childhood 
        educators, involved in the program. Such program shall do the 
        following:
                    ``(A) Incorporate year-long opportunities for 
                enrichment activity or a combination of activities, 
                including--
                            ``(i) clinical learning in classrooms in 
                        high-need schools served by the high-need local 
                        educational agency in the eligible partnership 
                        and identified by the eligible partnership; and
                            ``(ii) closely supervised interaction 
                        between faculty and new and experienced 
                        teachers, principals, and other administrators 
                        at early childhood education programs (as 
                        applicable), elementary schools, or secondary 
                        schools, and providing support for such 
                        interaction.
                    ``(B) Integrate pedagogy and classroom practice and 
                promote effective teaching skills in academic content 
                areas, which may include preparation for meeting the 
                unique needs of teaching in rural communities.
                    ``(C) Provide high-quality teacher mentoring.
                    ``(D)(i) Be offered over the course of a program of 
                teacher preparation;
                    ``(ii) be tightly aligned with course work (and may 
                be developed as a 5th year of a teacher preparation 
                program); and
                    ``(iii) where feasible, allow prospective teachers 
                to learn to teach in the same school district in which 
                the teachers will work, learning the instructional 
                initiatives and curriculum of that district.
                    ``(E) Provide support and training for those 
                individuals participating in an activity for 
                prospective teachers described in this paragraph or 
                paragraph (1) or (3), and for those who serve as 
                mentors for such teachers, based on each individual's 
                experience. Such support may include--
                            ``(i) with respect to a prospective teacher 
                        or a mentor, release time for such individual's 
                        participation;
                            ``(ii) with respect to a faculty member, 
                        receiving course workload credit and 
                        compensation for time teaching in the eligible 
                        partnership's activities; and
                            ``(iii) with respect to a mentor, a 
                        stipend, which may include bonus, differential, 
                        or incentive pay, based on their extra skills 
                        and responsibilities.
            ``(3) Induction programs for new teachers.--Creating an 
        induction program for new teachers, or, in the case of an early 
        childhood education program, providing mentoring or coaching 
        for new early childhood educators.
            ``(4) Support and training for participants in early 
        childhood education programs.--In the case of an eligible 
        partnership focusing on early childhood educator preparation, 
        implementing initiatives that increase compensation for early 
        childhood educators who attain associate or baccalaureate 
        degrees in early childhood education.
            ``(5) Teacher recruitment.--Developing and implementing 
        effective mechanisms (which may include alternative routes to 
        State certification of teachers) to ensure that the eligible 
        partnership is able to recruit qualified individuals to become 
        highly qualified teachers through the activities of the 
        eligible partnership, which may include an emphasis on 
        recruiting into the teaching profession--
                    ``(A) underrepresented populations;
                    ``(B) individuals to teach in rural communities and 
                teacher shortage areas, including mathematics, science, 
                special education, and instruction of limited English 
                proficient students; and
                    ``(C) mid-career professionals from other 
                occupations, former military personnel, and recent 
                college graduates with proven records of academic 
                distinction.
            ``(6) Literacy training.--Developing and implementing a 
        program to strengthen content knowledge and teaching skills of 
        elementary and secondary school teachers or literacy coaches 
        that--
                    ``(A) provides teacher training in reading 
                instruction for elementary or secondary school teachers 
                or literacy coaches who--
                            ``(i) train classroom teachers to implement 
                        literacy programs; or
                            ``(ii) tutor students with intense 
                        individualized reading, writing, and subject 
                        matter instruction during or beyond the school 
                        day;
                    ``(B) develops or redesigns rigorous evidenced-
                based reading curricula that are aligned with 
                challenging State academic content standards, as 
                required under section 1111(b)(1) of the Elementary and 
                Secondary Education Act of 1965, and with postsecondary 
                standards for reading and writing;
                    ``(C) provides opportunities for teachers to plan 
                and assess instruction with other teachers, school 
                leaders, and faculty at institutions of higher 
                education;
                    ``(D) provides training and professional 
                development for principals to prepare them to 
                understand the teaching of reading, guide instruction, 
                and foster school improvement; and
                    ``(E) establishes an evaluation and accountability 
                plan for activities conducted under this paragraph to 
                measure the impact of such activities.
    ``(e) Partnership Grants for the Establishment of Teaching 
Residency Programs.--
            ``(1) In general.--An eligible partnership receiving a 
        grant to carry out an effective teaching residency program 
        shall carry out a program that includes all of the following 
        activities:
                    ``(A) Supporting a teaching residency program 
                described in paragraph (2) for high-need subjects and 
                areas, as determined by the needs of the high-need 
                local educational agency in the partnership.
                    ``(B) Where feasible, attempt to place graduates of 
                the teaching residency program in cohorts that 
                facilitate professional collaboration, both among 
                graduates of the teaching residency program and between 
                such graduates and mentor teachers in the receiving 
                school.
                    ``(C) Ensuring that teaching residents that 
                participated in the teaching residency program 
                receive--
                            ``(i) effective pre-service preparation as 
                        described in paragraph (2);
                            ``(ii) teacher mentoring;
                            ``(iii) induction through the induction 
                        program as the teaching residents enter the 
                        classroom as new teachers; and
                            ``(iv) the preparation described in 
                        subparagraphs (A), (B), and (C) of subsection 
                        (d)(2).
            ``(2) Teaching residency programs.--
                    ``(A) Establishment and design.--A teaching 
                residency program under this subsection shall be a 
                program based upon models of successful teaching 
                residencies that serves as a mechanism to prepare 
                teachers for success in the high-need schools in the 
                eligible partnership, and shall be designed to include 
                the following characteristics of successful programs:
                            ``(i) The integration of pedagogy, 
                        classroom practice, and teacher mentoring.
                            ``(ii) Engagement of teaching residents in 
                        rigorous graduate-level course work to earn a 
                        master's degree while undertaking a guided 
                        teaching apprenticeship.
                            ``(iii) Experience and learning 
                        opportunities alongside a trained and 
                        experienced mentor teacher--
                                    ``(I) whose teaching shall 
                                complement the residency program so 
                                that classroom clinical practice is 
                                tightly aligned with course work;
                                    ``(II) who shall have extra 
                                responsibilities as a teacher leader of 
                                the teaching residency program, as a 
                                mentor for residents, and as a teacher 
                                coach during the induction program for 
                                novice teachers, and for establishing, 
                                within the program, a learning 
                                community in which all individuals are 
                                expected to continually improve their 
                                capacity to advance student learning; 
                                and
                                    ``(III) who may have full relief 
                                from teaching duties as a result of 
                                such additional responsibilities.
                            ``(iv) The establishment of clear criteria 
                        for the selection of mentor teachers based on 
                        measures of teacher effectiveness and the 
                        appropriate subject area knowledge. Evaluation 
                        of teacher effectiveness shall be based on, but 
                        is not required to include all of, the 
                        observations of such domains of teaching, which 
                        may include the following:
                                    ``(I) Planning and preparation, 
                                including demonstrated knowledge of 
                                content, pedagogy, and assessment, 
                                including the use of formative 
                                assessments to improve student 
                                learning.
                                    ``(II) Appropriate instruction that 
                                engages students with different 
                                learning styles, including students 
                                with disabilities.
                                    ``(III) Collaboration with 
                                colleagues to improve instruction.
                                    ``(IV) Analysis of gains in student 
                                learning, based on multiple measures, 
                                that, when feasible, may include valid 
                                and reliable objective measures of the 
                                influence of teachers on the rate of 
                                student academic progress.
                                    ``(V) In the case of mentor 
                                candidates who will be mentoring 
                                current or future literacy and 
                                mathematics coaches or instructors, 
                                appropriate skills in the essential 
                                components of reading instruction, 
                                teacher training in literacy 
                                instructional strategies across core 
                                subject areas, and teacher training in 
                                mathematics instructional strategies, 
                                as appropriate.
                            ``(v) Grouping of teaching residents in 
                        cohorts to facilitate professional 
                        collaboration among such residents.
                            ``(vi) The development of admissions goals 
                        and priorities aligned with the hiring 
                        objectives of the local educational agency 
                        partnering with the program, as well as the 
                        instructional initiatives and curriculum of the 
                        agency, in exchange for a commitment by the 
                        agency to hire graduates from the teaching 
                        residency program.
                            ``(vii) Support for residents, once the 
                        teaching residents are hired as teachers of 
                        record, through an induction program, 
                        professional development, and networking 
                        opportunities to support the residents through 
                        not less than the residents' first 2 years of 
                        teaching.
                            ``(viii) Admission goals and priorities 
                        which may include consideration of applicants 
                        who reflect the communities in which they will 
                        teach as well as consideration of individuals 
                        from underrepresented populations in the 
                        teaching profession.
                    ``(B) Selection of individuals as teacher 
                residents.--
                            ``(i) Eligible individual.--In order to be 
                        eligible to be a teacher resident in a teaching 
                        residency program under this subsection, an 
                        individual shall--
                                    ``(I) be a recent graduate of a 4-
                                year institution of higher education or 
                                a mid-career professional from outside 
                                the field of education possessing 
                                strong content knowledge or a record of 
                                professional accomplishment; and
                                    ``(II) submit an application to the 
                                teaching residency program.
                            ``(ii) Selection criteria.--An eligible 
                        partnership carrying out a teaching residency 
                        program under this subsection shall establish 
                        criteria for the selection of eligible 
                        individuals to participate in the teaching 
                        residency program based on the following 
                        characteristics:
                                    ``(I) Strong content knowledge or 
                                record of accomplishment in the field 
                                or subject area to be taught.
                                    ``(II) Strong verbal and written 
                                communication skills, which may be 
                                demonstrated by performance on 
                                appropriate tests.
                                    ``(III) Other attributes linked to 
                                effective teaching, which may be 
                                determined by interviews or performance 
                                assessments, as specified by the 
                                eligible partnership.
                    ``(C) Stipends; applications; agreements; 
                repayments.--
                            ``(i) Stipend.--A teaching residency 
                        program under this paragraph shall provide a 1-
                        year living stipend or salary to teaching 
                        residents during the 1-year teaching residency 
                        program. The stipend or salary shall be 
                        provided for no longer than 1 year.
                            ``(ii) Applications for stipends.--Each 
                        teacher residency candidate desiring a stipend 
                        or salary during the period of residency shall 
                        submit an application to the eligible 
                        partnership at such time, and containing such 
                        information and assurances, as the eligible 
                        partnership may require.
                            ``(iii) Agreements to serve.--Each 
                        application submitted under clause (ii) shall 
                        contain or be accompanied by an agreement that 
                        the applicant will--
                                    ``(I) serve as a full-time teacher 
                                for a total of not less than 3 academic 
                                years after successfully completing the 
                                teaching residency program;
                                    ``(II) teach in a high-need school 
                                served by the high-need local 
                                educational agency in the eligible 
                                partnership;
                                    ``(III) teach in a field designated 
                                as high-need by the eligible 
                                partnership;
                                    ``(IV) provide to the eligible 
                                partnership a certificate, from the 
                                chief administrative officer of the 
                                school at which the resident is 
                                employed, of the employment required in 
                                subclauses (I), (II), and (III), at the 
                                beginning of, and upon completion of, 
                                each year or partial year of service;
                                    ``(V) be a highly qualified 
                                teacher, as defined in section 9101 of 
                                the Elementary and Secondary Education 
                                Act of 1965, when the applicant begins 
                                to fulfill the service obligation under 
                                this clause; and
                                    ``(VI) comply with the requirements 
                                set by the eligible partnership under 
                                clause (iv) if the applicant is unable 
                                or unwilling to complete the service 
                                obligation required by this clause.
                            ``(iv) Repayments.--
                                    ``(I) In general.--An eligible 
                                partnership carrying out a teaching 
                                residency program under this subsection 
                                shall require a recipient of a stipend 
                                or salary under this subparagraph who 
                                does not complete the service 
                                obligation required by clause (iii) to 
                                repay the stipend or salary to the 
                                eligible partnership, together with 
                                interest thereon accruing from the date 
                                of the stipend or salary award, and in 
                                accordance with such other terms and 
                                conditions specified by the eligible 
                                partnership, as necessary.
                                    ``(II) Other terms and 
                                conditions.--Any other terms and 
                                conditions specified by the eligible 
                                partnership may include reasonable 
                                provisions for deferral of a teaching 
                                resident's service obligation required 
                                by clause (iii) on grounds of health, 
                                incapacitation, inability to secure 
                                employment in a school served by the 
                                eligible partnership, or other 
                                extraordinary circumstances.
                                    ``(III) Use of repayments.--An 
                                eligible partnership shall use any 
                                repayment received under this clause to 
                                carry out additional activities that 
                                are consistent with the purposes of 
                                this subsection.
    ``(f) Partnership Grants for the Development of Leadership 
Programs.--
            ``(1) In general.--An eligible partnership receiving a 
        grant to carry out an effective leadership program shall carry 
        out a program that includes all of the following activities:
                    ``(A) Preparing students currently enrolled or 
                preparing to enroll in education administration 
                programs in preparation for careers as superintendents, 
                principals, or other school administrators (including 
                students preparing to work in rural local educational 
                agencies (as such term is defined in section 872 of 
                this Act) who may perform multiple duties in addition 
                to the role of administrator).
                    ``(B) Promoting strong administrative skills and, 
                as applicable, techniques for education administrators 
                to improve the school environment and effectively 
                manage schools.
                    ``(C) Ensuring that students who participate in the 
                leadership program receive--
                            ``(i) effective pre-service preparation as 
                        described in subparagraph (D); and
                            ``(ii) mentoring by educational 
                        administrators.
                    ``(D) Developing and improving a sustained and 
                high-quality pre-service clinical education program to 
                further develop the leadership skills of all 
                prospective educational administrators involved in the 
                program. Such program shall do the following:
                            ``(i) Incorporate year-long opportunities 
                        for enrichment activity or a combination of 
                        activities, including--
                                    ``(I) clinical learning in high-
                                need schools served by the high-need 
                                local educational agency in the 
                                eligible partnership and identified by 
                                the eligible partnership; and
                                    ``(II) closely supervised 
                                interaction between faculty and new and 
                                experienced teachers, principals, and 
                                other administrators in high-need 
                                schools served by the high-need local 
                                educational agency in the eligible 
                                partnership and identified by the 
                                eligible partnership.
                            ``(ii) Integrate pedagogy and practice and 
                        promote effective administrative skills for 
                        meeting the unique needs of rural and 
                        geographically isolated communities.
                            ``(iii) Educational administrator 
                        mentoring.
                    ``(E) Creating an induction program for new 
                administrators.
                    ``(F) Developing and implementing effective 
                mechanisms to ensure that the eligible partnership is 
                able to recruit qualified individuals to become 
                educational administrators through the activities of 
                the eligible partnership, which may include an emphasis 
                on recruiting into the education administration 
                profession--
                            ``(i) underrepresented populations;
                            ``(ii) individuals to serve as 
                        superintendents, principals, or other school 
                        administrators in rural and geographically 
                        isolated communities and shortage areas; or
                            ``(iii) mid-career professionals from other 
                        occupations, former military personnel, and 
                        recent college graduates with proven records of 
                        academic distinction.
            ``(2) Selection of individuals for the leadership 
        program.--In order to be eligible for the leadership program 
        under this subsection, an individual shall--
                    ``(A) be enrolled in or preparing to enroll in an 
                institution of higher education, or a recent graduate 
                of an institution of higher education, or a mid-career 
                professional from outside the field of education 
                possessing strong content knowledge or a record of 
                professional accomplishment;
                    ``(B) be current teachers who would like to become 
                principals or principals who would like to be 
                superintendents; and
                    ``(C) submit an application to the leadership 
                program.
    ``(g) Consultation.--
            ``(1) In general.--Members of an eligible partnership that 
        receives a grant under this section shall engage in regular 
        consultation throughout the development and implementation of 
        programs and activities under this section.
            ``(2) Regular communication.--To ensure timely and 
        meaningful consultation, regular communication shall occur 
        among all members of the eligible partnership, including the 
        high-need local educational agency. Such communication shall 
        continue throughout the implementation of the grant and the 
        assessment of programs and activities under this section.
            ``(3) Written consent.--The Secretary may approve changes 
        in grant activities of a grant under this section only if a 
        written consent signed by all members of the eligible 
        partnership is submitted to the Secretary.
    ``(h) Construction.--Nothing in this section shall be construed to 
prohibit an eligible partnership from using grant funds to coordinate 
with the activities of eligible partnerships in other States or on a 
regional basis through Governors, State boards of education, State 
educational agencies, State agencies responsible for early childhood 
education, local educational agencies, or State agencies for higher 
education.
    ``(i) Supplement, Not Supplant.--Funds made available to carry out 
this section shall be used to supplement, and not supplant, other 
Federal, State, and local funds that would otherwise be expended to 
carry out activities under this section.

``SEC. 203. ADMINISTRATIVE PROVISIONS.

    ``(a) Duration; Number of Awards; Payments.--
            ``(1) Duration.--A grant awarded under this part shall be 
        awarded for a period of 5 years.
            ``(2) Number of awards.--An eligible partnership may not 
        receive more than 1 grant during a 5-year period. Nothing in 
        this title shall be construed to prohibit an individual member, 
        that can demonstrate need, of an eligible partnership that 
        receives a grant under this title from entering into another 
        eligible partnership consisting of new members and receiving a 
        grant with such other eligible partnership before the 5-year 
        period described in the preceding sentence applicable to the 
        eligible partnership with which the individual member has first 
        partnered has expired.
            ``(3) Payments.--The Secretary shall make annual payments 
        of grant funds awarded under this part.
    ``(b) Peer Review.--
            ``(1) Panel.--The Secretary shall provide the applications 
        submitted under this part to a peer review panel for 
        evaluation. With respect to each application, the peer review 
        panel shall initially recommend the application for funding or 
        for disapproval.
            ``(2) Priority.--In recommending applications to the 
        Secretary for funding under this part, the panel shall give 
        priority--
                    ``(A) to partnerships that include an institution 
                of higher education whose teacher preparation program 
                has a rigorous selection process to ensure the highest 
                quality of students entering such programs; and
                    ``(B)(i) to applications from broad-based eligible 
                partnerships that involve businesses and community 
                organizations; or
                    ``(ii) to eligible partnerships so that the awards 
                promote an equitable geographic distribution of grants 
                among rural and urban areas.
            ``(3) Secretarial selection.--The Secretary shall 
        determine, based on the peer review process, which applications 
        shall receive funding and the amounts of the grants. In 
        determining the grant amount, the Secretary shall take into 
        account the total amount of funds available for all grants 
        under this part and the types of activities proposed to be 
        carried out by the eligible partnership.
    ``(c) Matching Requirements.--
            ``(1) In general.--Each eligible partnership receiving a 
        grant under this part shall provide, from non-Federal sources, 
        an amount equal to 100 percent of the amount of the grant, 
        which may be provided in cash or in-kind, to carry out the 
        activities supported by the grant.
            ``(2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible partnership, if the Secretary determines 
        that applying the matching requirement to the eligible 
        partnership would result in serious hardship or an inability to 
        carry out the authorized activities described in this part.
    ``(d) Limitation on Administrative Expenses.--An eligible 
partnership that receives a grant under this part may use not more than 
2 percent of the grant funds for purposes of administering the grant.

``SEC. 204. ACCOUNTABILITY AND EVALUATION.

    ``(a) Eligible Partnership Evaluation.--Each eligible partnership 
submitting an application for a grant under this part shall establish 
and include in such application an evaluation plan that includes strong 
performance objectives. The plan shall include objectives and measures 
for increasing--
            ``(1) student achievement for all students as measured by 
        the eligible partnership;
            ``(2) teacher retention in the first 3 years of a teacher's 
        career;
            ``(3) improvement in the pass rates and scaled scores for 
        initial State certification or licensure of teachers; and
            ``(4)(A) the percentage of highly qualified teachers hired 
        by the high-need local educational agency participating in the 
        eligible partnership;
            ``(B) the percentage of such teachers who are members of 
        underrepresented groups;
            ``(C) the percentage of such teachers who teach high-need 
        academic subject areas (such as reading, mathematics, science, 
        and foreign languages, including less commonly taught languages 
        and critical foreign languages);
            ``(D) the percentage of such teachers who teach in high-
        need areas (including special education, language instruction 
        educational programs for limited English proficient students, 
        and early childhood education);
            ``(E) the percentage of such teachers in high-need schools, 
        disaggregated by the elementary, middle, and high school 
        levels;
            ``(F) as applicable, the percentage of early childhood 
        education program classes in the geographic area served by the 
        eligible partnership taught by early childhood educators who 
        are highly competent; and
            ``(G) as applicable, the number of teachers trained 
        effectively to integrate technology into curricula and 
        instruction, including technology consistent with the 
        principles of universal design for learning, and who use 
        technology to collect, manage, and analyze data to improve 
        teaching, learning, and decision making for the purpose of 
        improving student academic achievement.
    ``(b) Information.--An eligible partnership receiving a grant under 
this part shall ensure that teachers, principals, school 
superintendents, and faculty and leadership at institutions of higher 
education located in the geographic areas served by the eligible 
partnership are provided information about the activities carried out 
with funds under this part, including through electronic means.
    ``(c) Revocation of Grant.--If the Secretary determines that an 
eligible partnership receiving a grant under this part is not making 
substantial progress in meeting the purposes, goals, objectives, and 
measures, as appropriate, of the grant by the end of the third year of 
a grant under this part, then the Secretary shall require such eligible 
partnership to submit a revised application that identifies the steps 
the partnership will take to make substantial progress to meet the 
purposes, goals, objectives, and measures, as appropriate, of this 
part.
    ``(d) Evaluation and Dissemination.--The Secretary shall evaluate 
the activities funded under this part and report the findings regarding 
the evaluation of such activities to the authorizing committees. The 
Secretary shall broadly disseminate--
            ``(1) successful practices developed by eligible 
        partnerships under this part; and
            ``(2) information regarding such practices that were found 
        to be ineffective.

``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.

    ``(a) Institutional and Program Report Cards on the Quality of 
Teacher Preparation.--
            ``(1) Report card.--Each institution of higher education 
        that conducts a traditional teacher preparation program or 
        alternative routes to State certification or licensure program 
        and that enrolls students receiving Federal assistance under 
        this Act shall report annually to the State and the general 
        public, in a uniform and comprehensible manner that conforms 
        with the definitions and methods established by the Secretary, 
        both for traditional teacher preparation programs and 
        alternative routes to State certification or licensure 
        programs, the following information:
                    ``(A) Pass rates and scaled scores.--For the most 
                recent year for which the information is available for 
                those students who took the assessments and are 
                enrolled in the traditional teacher preparation program 
                or alternative routes to State certification or 
                licensure program, and for those who have taken the 
                assessments and have completed the traditional teacher 
                preparation program or alternative routes to State 
                certification or licensure program during the 2-year 
                period preceding such year, for each of the assessments 
                used for teacher certification or licensure by the 
                State in which the program is located--
                            ``(i) the percentage of students who have 
                        completed 100 percent of the nonclinical course 
                        work and taken the assessment who pass such 
                        assessment;
                            ``(ii) the percentage of all such students 
                        who passed each such assessment;
                            ``(iii) the percentage of students taking 
                        an assessment who enrolled in and completed the 
                        teacher preparation program;
                            ``(iv) the average scaled score for all 
                        students who took each such assessment;
                            ``(v) a comparison of the program's pass 
                        rates with the average pass rates for programs 
                        in the State; and
                            ``(vi) a comparison of the program's 
                        average scaled scores with the average scaled 
                        scores for programs in the State.
                    ``(B) Program information.--The criteria for 
                admission into the program, the number of students in 
                the program (disaggregated by race, ethnicity, and 
                gender), the average number of hours of supervised 
                clinical experience required for those in the program, 
                the number of full-time equivalent faculty and students 
                in the supervised clinical experience, and the total 
                number of students who have been certified or licensed 
                as teachers, disaggregated by subject and area of 
                certification or licensure.
                    ``(C) Statement.--In States that require approval 
                or accreditation of teacher preparation programs, a 
                statement of whether the institution's program is so 
                approved or accredited, and by whom.
                    ``(D) Designation as low-performing.--Whether the 
                program has been designated as low-performing by the 
                State under section 208(a).
                    ``(E) Use of technology.--A description of the 
                activities that prepare teachers to effectively 
                integrate technology into curricula and instruction and 
                effectively use technology to collect, manage, and 
                analyze data in order to improve teaching, learning, 
                and decision making for the purpose of increasing 
                student academic achievement.
                    ``(F) Teacher training.--A description of the 
                activities that prepare general and special education 
                teachers to effectively teach students with 
                disabilities, including training related to 
                participation as a member of individualized education 
                program teams, as defined in section 614(d)(1)(B) of 
                the Individuals with Disabilities Education Act, and to 
                effectively teach students with limited English 
                proficiency.
            ``(2) Report.--Each eligible partnership receiving a grant 
        under section 202 shall report annually on the progress of the 
        eligible partnership toward meeting the purposes of this part 
        and the objectives and measures described in section 204(a).
            ``(3) Fines.--The Secretary may impose a fine not to exceed 
        $25,000 on an institution of higher education for failure to 
        provide the information described in this subsection in a 
        timely or accurate manner.
            ``(4) Special rule.--In the case of an institution of 
        higher education that conducts a traditional teacher 
        preparation program or alternative routes to State 
        certification or licensure program and has fewer than 10 scores 
        reported on any single initial teacher certification or 
        licensure assessment during an academic year, the institution 
        shall collect and publish information, as required under 
        paragraph (1)(A), with respect to an average pass rate and 
        scaled score on each State certification or licensure 
        assessment taken over a 3-year period.
    ``(b) State Report Card on the Quality of Teacher Preparation.--
            ``(1) In general.--Each State that receives funds under 
        this Act shall provide to the Secretary, annually, in a uniform 
        and comprehensible manner that conforms with the definitions 
        and methods established by the Secretary, a State report card 
        on the quality of teacher preparation in the State, both for 
        traditional teacher preparation programs and for alternative 
        routes to State certification or licensure programs, which 
        shall include not less than the following:
                    ``(A) A description of the reliability and validity 
                of the teacher certification and licensure assessments, 
                and any other certification and licensure requirements, 
                used by the State.
                    ``(B) The standards and criteria that prospective 
                teachers must meet to attain initial teacher 
                certification or licensure and to be certified or 
                licensed to teach particular academic subject areas or 
                in particular grades within the State.
                    ``(C) A description of how the assessments and 
                requirements described in subparagraph (A) are aligned 
                with the State's challenging academic content standards 
                required under section 1111(b)(1) of the Elementary and 
                Secondary Education Act of 1965 and State early 
                learning standards for early childhood education 
                programs.
                    ``(D) For each of the assessments used by the State 
                for teacher certification or licensure--
                            ``(i) for each institution of higher 
                        education located in the State and each entity 
                        located in the State that offers an alternative 
                        route for teacher certification or licensure, 
                        the percentage of students at such institution 
                        or entity who have completed 100 percent of the 
                        nonclinical course work and taken the 
                        assessment who pass such assessment;
                            ``(ii) the percentage of all such students 
                        at all such institutions taking the assessment 
                        who pass such assessment; and
                            ``(iii) the percentage of students taking 
                        an assessment who enrolled in and completed the 
                        teacher preparation program.
                    ``(E) A description of alternative routes to 
                teacher certification or licensure in the State 
                (including any such routes operated by entities that 
                are not institutions of higher education), if any, 
                including, for each of the assessments used by the 
                State for teacher certification or licensure--
                            ``(i) the percentage of individuals 
                        participating in such routes, or who have 
                        completed such routes during the 2-year period 
                        preceding the date of the determination, who 
                        passed each such assessment; and
                            ``(ii) the average scaled score of 
                        individuals participating in such routes, or 
                        who have completed such routes during the 
                        period preceding the date of the determination, 
                        who took each such assessment.
                    ``(F) A description of the State's criteria for 
                assessing the performance of teacher preparation 
                programs within institutions of higher education in the 
                State. Such criteria shall include indicators of the 
                academic content knowledge and teaching skills of 
                students enrolled in such programs.
                    ``(G) For each teacher preparation program in the 
                State, the criteria for admission into the program, the 
                number of students in the program, disaggregated by 
                race, ethnicity, and gender (except that such 
                disaggregation shall not be required in a case in which 
                the number of students in a category is insufficient to 
                yield statistically reliable information or the results 
                would reveal personally identifiable information about 
                an individual student), the average number of hours of 
                supervised clinical experience required for those in 
                the program, and the number of full-time equivalent 
                faculty, adjunct faculty, and students in supervised 
                clinical experience.
                    ``(H) For the State as a whole, and for each 
                teacher preparation program in the State, the number of 
                teachers prepared, in the aggregate and reported 
                separately by--
                            ``(i) area of certification or licensure;
                            ``(ii) academic major; and
                            ``(iii) subject area for which the teacher 
                        has been prepared to teach.
                    ``(I) Using the data generated under subparagraphs 
                (G) and (H), a description of the extent to which 
                teacher preparation programs are helping to address 
                shortages of highly qualified teachers, by area of 
                certification or licensure, subject, and specialty, in 
                the State's public schools.
                    ``(J) A description of the activities that prepare 
                general and special education teachers to effectively 
                teach students with disabilities, including training 
                related to participation as a member of individualized 
                education program teams, as defined in section 
                614(d)(1)(B) of the Individuals with Disabilities 
                Education Act.
                    ``(K) A description of the activities that prepare 
                teachers to effectively integrate technology into 
                curricula and instruction and effectively use 
                technology to collect, manage, and analyze data to 
                improve teaching, learning, and decision making for the 
                purpose of increasing student academic achievement.
                    ``(L) A description of the activities that prepare 
                general education and special education teachers to 
                effectively teach students with limited English 
                proficiency.
            ``(2) Prohibition against creating a national list.--The 
        Secretary shall not create a national list or ranking of 
        States, institutions, or schools using the scaled scores 
        provided under this subsection.
    ``(c) Data Quality.--The Secretary shall prescribe regulations 
requiring practices and procedures to ensure the reliability, validity, 
integrity, and accuracy of the data submitted pursuant to this section.
    ``(d) Report of the Secretary on the Quality of Teacher 
Preparation.--
            ``(1) Report card.--The Secretary shall provide to 
        Congress, and publish and make widely available, a report card 
        on teacher qualifications and preparation in the United States, 
        including all the information reported in subparagraphs (A) 
        through (L) of subsection (b)(1). Such report shall identify 
        States for which eligible partnerships received a grant under 
        this part. Such report shall be so provided, published, and 
        made available annually.
            ``(2) Report to congress.--The Secretary shall prepare and 
        submit a report to Congress that contains the following:
                    ``(A) A comparison of States' efforts to improve 
                the quality of the current and future teaching force.
                    ``(B) A comparison of eligible partnerships' 
                efforts to improve the quality of the current and 
                future teaching force.
                    ``(C) The national mean and median scaled scores 
                and pass rate on any standardized test that is used in 
                more than 1 State for teacher certification or 
                licensure.
            ``(3) Special rule.--In the case of a teacher preparation 
        program with fewer than 10 scores reported on any single 
        initial teacher certification or licensure assessment during an 
        academic year, the Secretary shall collect and publish 
        information, and make publicly available, with respect to an 
        average pass rate and scaled score on each State certification 
        or licensure assessment taken over a 3-year period.
    ``(e) Coordination.--The Secretary, to the extent practicable, 
shall coordinate the information collected and published under this 
part among States for individuals who took State teacher certification 
or licensure assessments in a State other than the State in which the 
individual received the individual's most recent degree.

``SEC. 206. TEACHER DEVELOPMENT.

    ``(a) Annual Goals.--Each institution of higher education that 
conducts a traditional teacher preparation program (including programs 
that offer any ongoing professional development programs) or 
alternative routes to State certification or licensure program, and 
that enrolls students receiving Federal assistance under this Act, 
shall set annual quantifiable goals for--
            ``(1) increasing the number of prospective teachers trained 
        in teacher shortage areas designated by the State educational 
        agency, including mathematics, science, special education, and 
        instruction of limited English proficient students; and
            ``(2) more closely linking the training provided by the 
        institution with the needs of schools and the instructional 
        decisions new teachers face in the classroom.
    ``(b) Assurance.--Each institution described in subsection (a) 
shall provide an assurance to the Secretary that--
            ``(1) training provided to prospective teachers responds to 
        the identified needs of the local educational agencies or 
        States where the institution's graduates are likely to teach, 
        based on past hiring and recruitment trends;
            ``(2) prospective special education teachers receive course 
        work in core academic subjects and receive training in 
        providing instruction in core academic subjects;
            ``(3) general education teachers receive training in 
        providing instruction to diverse populations, including 
        children with disabilities, limited English proficient 
        students, and children from low-income families; and
            ``(4) prospective teachers receive training on how to 
        effectively teach in urban and rural schools, as applicable.
    ``(c) Public Reporting.--As part of the annual report card required 
under section 205(a)(1), an institution of higher education described 
in subsection (a) shall publicly report whether the goals established 
under such subsection have been met.

``SEC. 207. STATE FUNCTIONS.

    ``(a) State Assessment.--In order to receive funds under this Act, 
a State shall have in place a procedure to conduct an assessment to 
identify and assist, through the provision of technical assistance, 
low-performing programs of teacher preparation. Such State shall 
provide the Secretary an annual list of such low-performing teacher 
preparation programs that includes an identification of those programs 
at risk of being placed on such list. Such assessment shall be 
described in the report under section 205(b). Levels of performance 
shall be determined solely by the State and may include criteria based 
on information collected pursuant to this part including progress in 
meeting the goals of--
            ``(1) increasing the percentage of highly qualified 
        teachers in the State, including increasing professional 
        development opportunities;
            ``(2) improving student achievement for all students; and
            ``(3) raising the standards for entry into the teaching 
        profession.
    ``(b) Termination of Eligibility.--Any program of teacher 
preparation from which the State has withdrawn the State's approval, or 
terminated the State's financial support, due to the low performance of 
the program based upon the State assessment described in subsection 
(a)--
            ``(1) shall be ineligible for any funding for professional 
        development activities awarded by the Department;
            ``(2) shall not be permitted to accept or enroll any 
        student that receives aid under title IV in the institution's 
        teacher preparation program; and
            ``(3) shall provide transitional support, including 
        remedial services if necessary, for students enrolled at the 
        institution at the time of termination of financial support or 
        withdrawal of approval.
    ``(c) Negotiated Rulemaking.--If the Secretary develops any 
regulations implementing subsection (b)(2), the Secretary shall submit 
such proposed regulations to a negotiated rulemaking process, which 
shall include representatives of States, institutions of higher 
education, and educational and student organizations.
    ``(d) Application of the Requirements.--The requirements of this 
section shall apply to both traditional teacher preparation programs 
and alternative routes to State certification and licensure programs.

``SEC. 208. GENERAL PROVISIONS.

    ``(a) Methods.--In complying with sections 205 and 207, the 
Secretary shall ensure that States and institutions of higher education 
use fair and equitable methods in reporting and that the reporting 
methods do not allow identification of individuals.
    ``(b) Special Rule.--For each State that does not use content 
assessments as a means of ensuring that all teachers teaching in core 
academic subjects within the State are highly qualified, as required 
under section 1119 of the Elementary and Secondary Education Act of 
1965 and in accordance with the State plan submitted or revised under 
section 1111 of such Act, or that each person employed as a special 
education teacher in the State who teaches elementary school, middle 
school, or secondary school is highly qualified by the deadline, as 
required under section 612(a)(14)(C) of the Individuals with 
Disabilities Education Act--
            ``(1) the Secretary shall, to the extent practicable, 
        collect data comparable to the data required under this part 
        from States, local educational agencies, institutions of higher 
        education, or other entities that administer such assessments 
        to teachers or prospective teachers; and
            ``(2) notwithstanding any other provision of this part, the 
        Secretary shall use such data to carry out requirements of this 
        part related to assessments, pass rates, and scaled scores.
    ``(c) Release of Information to Teacher Preparation Programs.--
            ``(1) In general.--For the purpose of improving teacher 
        preparation programs, a State educational agency that receives 
        funds under this Act, or that participates as a member of a 
        partnership, consortium, or other entity that receives such 
        funds, shall provide to a teacher preparation program, upon the 
        request of the teacher preparation program, any and all 
        pertinent education-related information that--
                    ``(A) may enable the teacher preparation program to 
                evaluate the effectiveness of the program's graduates 
                or the program itself; and
                    ``(B) is possessed, controlled, or accessible by 
                the State educational agency.
            ``(2) Content of information.--The information described in 
        paragraph (1)--
                    ``(A) shall include an identification of specific 
                individuals who graduated from the teacher preparation 
                program to enable the teacher preparation program to 
                evaluate the information provided to the program from 
                the State educational agency with the program's own 
                data about the specific courses taken by, and field 
                experiences of, the individual graduates; and
                    ``(B) may include--
                            ``(i) kindergarten through grade 12 
                        academic achievement and demographic data, 
                        without revealing personally identifiable 
                        information about an individual student, for 
                        students who have been taught by graduates of 
                        the teacher preparation program; and
                            ``(ii) teacher effectiveness evaluations 
                        for teachers who graduated from the teacher 
                        preparation program.
    ``(d) Limitations.--
            ``(1) Federal control prohibited.--Nothing in this part 
        shall be construed to permit, allow, encourage, or authorize 
        any Federal control over any aspect of any private, religious, 
        or home school (whether or not a home school is treated as a 
        private school or home school under State law). This section 
        shall not be construed to prohibit private, religious, or home 
        schools from participation in programs or services under this 
        part.
            ``(2) No change in state control encouraged or required.--
        Nothing in this part shall be construed to encourage or require 
        any change in a State's treatment of any private, religious, or 
        home school (whether or not a home school is treated as a 
        private school or home school under State law).
            ``(3) National system of teacher certification 
        prohibited.--Nothing in this part shall be construed to permit, 
        allow, encourage, or authorize the Secretary to establish or 
        support any national system of teacher certification.

``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$300,000,000 for fiscal year 2009 and such sums as may be necessary for 
each of the 2 succeeding fiscal years.

         ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

``SEC. 221. PROGRAM AUTHORIZED.

    ``(a) Program Authority.--The Secretary is authorized to award 
grants to, or enter into contracts or cooperative agreements with, 
eligible consortia to pay the Federal share of the costs of projects 
to--
            ``(1) graduate teacher candidates who are prepared to use 
        modern information, communication, and learning tools to--
                    ``(A) improve student learning, assessment, and 
                learning management; and
                    ``(B) help students develop learning skills to 
                succeed in higher education and to enter the workforce;
            ``(2) strengthen and develop partnerships among the 
        stakeholders in teacher preparation to transform teacher 
        education and ensure technology rich learning environments 
        throughout a teacher candidate's pre-service education, 
        including clinical experiences; and
            ``(3) assess the effectiveness of departments, schools, and 
        colleges of education at institutions of higher education in 
        preparing teacher candidates for successful implementation of 
        technology-rich teaching-learning environments, including 
        environments consistent with the principles of universal design 
        for learning, that enable kindergarten through grade 12 
        students to develop learning skills to succeed in higher 
        education and to enter the workforce.
    ``(b) Amount and Duration.--A grant, contract, or cooperative 
agreement under this part--
            ``(1) shall be for not more than $2,000,000;
            ``(2) shall be for a 3-year period; and
            ``(3) may be renewed for one additional year.
    ``(c) Non-Federal Share Requirement.--The Federal share of the cost 
of any project funded under this part shall not exceed 75 percent. The 
non-Federal share of the cost of such project may be provided in cash 
or in kind, fairly evaluated, including services.
    ``(d) Definition of Eligible Consortium.--In this part, the term 
`eligible consortium' means a consortium of members that includes the 
following:
            ``(1) At least one institution of higher education that 
        awards baccalaureate or masters degrees and prepares teachers 
        for initial entry into teaching.
            ``(2) At least one State educational agency or local 
        educational agency.
            ``(3) A department, school, or college of education at an 
        institution of higher education.
            ``(4) A department, school, or college of arts and sciences 
        at an institution of higher education.
            ``(5) At least one entity with the capacity to contribute 
        to the technology-related reform of teacher preparation 
        programs, which may be a professional association, foundation, 
        museum, library, for-profit business, public or private 
        nonprofit organization, community-based organization, or other 
        entity.

``SEC. 222. USES OF FUNDS.

    ``(a) In General.--An eligible consortium that receives a grant or 
enters into a contract or cooperative agreement under this part shall 
use funds made available under this part to carry out a project that--
            ``(1) develops long-term partnerships among members of the 
        consortium that are focused on effective teaching with modern 
        digital tools and content that substantially connect pre-
        service preparation of teacher candidates with high-needs 
        schools; or
            ``(2) transforms the way departments, schools, and colleges 
        of education teach classroom technology integration, including 
        the principles of universal design, to teacher candidates.
    ``(b) Uses of Funds for Partnership Grants.--In carrying out a 
project under subsection (a)(1), an eligible consortium shall--
            ``(1) provide teacher candidates, early in their 
        preparation, with field experiences in educational settings 
        with technology;
            ``(2) build the skills of teacher candidates to support 
        technology-rich instruction, assessment and learning management 
        in content areas, technology literacy, an understanding of the 
        principles of universal design, and the development of other 
        skills for entering the workforce;
            ``(3) provide professional development in the use of 
        technology for teachers, administrators, and content 
        specialists who participate in field placement;
            ``(4) provide professional development of technology 
        pedagogical skills for faculty of departments, schools, and 
        colleges of education and arts and sciences;
            ``(5) implement strategies for the mentoring of teacher 
        candidates with respect to technology implementation by members 
        of the consortium;
            ``(6) evaluate teacher candidates during the first years of 
        teaching to fully assess outcomes of the project;
            ``(7) build collaborative learning communities for 
        technology integration within the consortium to sustain 
        meaningful applications of technology in the classroom during 
        teacher preparation and early career practice; and
            ``(8) evaluate the effectiveness of the project.
    ``(c) Uses of Funds for Transformation Grants.--In carrying out a 
project under subsection (a)(2), an eligible consortium shall--
            ``(1) redesign curriculum to require collaboration between 
        the department, school, or college of education faculty and the 
        department, school, or college of arts and sciences faculty who 
        teach content or methods courses for training teacher 
        candidates;
            ``(2) collaborate between the department, school, or 
        college of education faculty and the department, school, or 
        college of arts and science faculty and academic content 
        specialists at the local educational agency to educate pre-
        service teachers who can integrate technology and pedagogical 
        skills in content areas;
            ``(3) collaborate between the department, school, or 
        college of education faculty and the department, school, or 
        college of arts and sciences faculty who teach courses to pre-
        service teachers to--
                    ``(A) develop and implement a plan for pre-service 
                teachers and continuing educators that demonstrates 
                effective instructional strategies and application of 
                such strategies in the use of digital tools to 
                transform the teaching and learning process; and
                    ``(B) better reach underrepresented pre-service 
                teacher populations with programs that connect such 
                pre-service teacher populations with applications of 
                technology;
            ``(4) collaborate among faculty and students to create and 
        disseminate case studies of technology applications in 
        classroom settings with a goal of improving student achievement 
        in high-need schools;
            ``(5) provide additional technology resources for pre-
        service teachers to plan and implement technology applications 
        in classroom settings that provide evidence of student 
        learning; and
            ``(6) bring together expertise from departments, schools, 
        or colleges of education, arts and science faculty, and 
        academic content specialists at the local educational agency to 
        share and disseminate technology applications in the classroom 
        through teacher preparation and into early career practice.

``SEC. 223. APPLICATION REQUIREMENTS.

    ``To be eligible to receive a grant or enter into a contract or 
cooperative agreement under this part, an eligible consortium shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require. Such 
application shall include the following:
            ``(1) A description of the project to be carried out with 
        the grant, including how the project will--
                    ``(A) develop a long-term partnership focused on 
                effective teaching with modern digital tools and 
                content that substantially connects pre-service 
                preparation of teacher candidates with high-need 
                schools; or
                    ``(B) transform the way departments, schools, and 
                colleges of education teach classroom technology 
                integration, including the principles of universal 
                design, to teacher candidates.
            ``(2) A demonstration of--
                    ``(A) the commitment, including the financial 
                commitment, of each of the members of the consortium 
                for the proposed project; and
                    ``(B) the support of the leadership of each 
                organization that is a member of the consortium for the 
                proposed project.
            ``(3) A description of how each member of the consortium 
        will participate in the project.
            ``(4) A description of how the State or local educational 
        agency will incorporate the project into the agency's 
        technology plan, if such a plan already exists.
            ``(5) A description of how the project will be continued 
        after Federal funds are no longer available under this part for 
        the project.
            ``(6) A description of how the project--
                    ``(A) will incorporate State teacher technology 
                standards; and
                    ``(B) will incorporate State student technology 
                standards.
            ``(7) A plan for the evaluation of the project, which shall 
        include benchmarks to monitor progress toward specific project 
        objectives.

``SEC. 224. EVALUATION.

    ``Not less than 10 percent of the funds awarded to an eligible 
consortium to carry out a project under this part shall be used to 
evaluate the effectiveness of such project.

``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $100,000,000 to carry out 
this part for fiscal year 2009 and such sums as may be necessary for 
each of the 2 succeeding fiscal years.

                 ``PART C--ENHANCING TEACHER EDUCATION

``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal year 2009 and each of the 4 
succeeding fiscal years.

``Subpart 1--Recruiting Teachers With Math, Science, or Language Majors

``SEC. 241. PROGRAM AUTHORIZED.

    ``(a) Grants Authorized.--From the amounts appropriated under 
section 240, the Secretary shall make competitive grants to 
institutions of higher education to improve the availability, 
recruitment, and retention of teachers from among students majoring in 
mathematics, science, foreign languages, special education, or teaching 
the English language to students who are limited English proficient, or 
to a combination of students majoring in such subjects. In making such 
grants, the Secretary shall give priority to institutions of higher 
education with programs that--
            ``(1) focus on preparing and retaining teachers in subjects 
        in which there is a shortage of highly qualified teachers and 
        that prepare students to teach in high-need schools; and
            ``(2) include plans to seek matching funds from other 
        governmental and non-governmental sources.
    ``(b) Application.--Any institution of higher education desiring to 
receive a grant under this subpart shall submit to the Secretary an 
application at such time, in such form, and containing such information 
and assurances as the Secretary may require, including--
            ``(1) the number of students who graduated from the 
        institution in the preceding year with the qualifications 
        necessary to be teachers with expertise in mathematics, 
        science, a foreign language, special education, or teaching 
        limited English proficient individuals; and
            ``(2) a goal and timeline for increasing the number of such 
        teachers who graduate from the institution.
    ``(c) Use of Funds.--Grant funds made available under this 
subpart--
            ``(1) shall be used to create and provide new recruitment 
        incentives to encourage students who are planning to pursue 
        other careers to pursue careers in teaching, with an emphasis 
        on recruiting students who are majoring in high-need subjects 
        such as mathematics, science, foreign languages, and special 
        education, and areas relevant to teaching the English language 
        to students who are limited English proficient;
            ``(2) may be used to upgrade curriculum to provide all 
        students studying to become teachers with high-quality 
        instructional strategies for teaching reading and teaching the 
        English language to students who are limited English 
        proficient, and for adopting, modifying, and differentiating 
        instruction to teach students with disabilities;
            ``(3) may be used to integrate department, school, or 
        college of education faculty with other arts and science 
        faculty in mathematics, science, foreign languages, special 
        education, and teaching the English language to students who 
        are limited English proficient through steps such as--
                    ``(A) dual appointments for faculty between 
                departments, schools, or colleges of education and 
                departments, schools, or colleges of arts and science; 
                and
                    ``(B) integrating course work with clinical 
                experience;
            ``(4) may be used to develop strategic plans between 
        departments, schools, or colleges of education and local school 
        districts to better prepare teachers for high-need schools, 
        including the creation of professional development partnerships 
        for training new teachers in state-of-the-art teaching 
        practices;
            ``(5) may be used to develop or enhance programs aimed at 
        retaining teachers in high-need subjects such as mathematics, 
        science, foreign languages, special education, and teaching the 
        English language to students who are limited English 
        proficient, and may include providing scholarship assistance to 
        current teachers to upgrade their skills;
            ``(6) may be used to develop and apply virtual classroom 
        simulation and related technologies to enhance recruitment, 
        preparation, and retention for high-need schools in the areas 
        of mathematics, science, foreign languages, special education, 
        or teaching the English language to students who are limited 
        English proficient; and
            ``(7) may be used to develop innovative teacher preparation 
        programs that emphasize the essential components of reading 
        instruction and other strategies based on scientifically valid 
        research and that address early intervention strategies for 
        students with reading difficulty or language processing 
        differences.

``Subpart 2--Community Colleges as Partners in Teacher Education Grants

``SEC. 251. GRANTS TO COMMUNITY COLLEGES.

    ``(a) Program Authorized.--The Secretary is authorized to award 
grants, on a competitive basis, to eligible entities to assist such 
entities with--
            ``(1) establishing or enhancing teacher education programs 
        at community colleges that--
                    ``(A) include content and pedagogical training; and
                    ``(B) are aligned with 4-year college and 
                university teacher education programs to ensure a 
                seemless transition for students from community 
                colleges to 4-year institutions;
            ``(2) establishing or enhancing post baccalaureate 
        certification programs offered at community colleges;
            ``(3) developing and delivering a rigorous program of study 
        for students interested in a career in teaching; and
            ``(4) developing and delivering professional development 
        for teachers to ensure their continued education and 
        professional growth.
    ``(b) Authorized Uses of Funds.--Grant funds provided under this 
subpart shall be used to carry out the activities described in 
subsection (a), and may be used to--
            ``(1) develop curriculum for teacher education programs and 
        post baccalaureate certification programs at community 
        colleges;
            ``(2) establish or enhance clinical experiences for 
        students in such teacher education programs and post 
        baccalaureate certification programs;
            ``(3) establish or enhance professional development 
        programs at community colleges that are available for teachers;
            ``(4) develop new associate degree programs focused on 
        teacher preparation;
            ``(5) increase the alignment between community college 
        teacher education programs and 4-year college and university 
        teacher education programs, including articulation agreements, 
        common course numbering, and joint admission programs;
            ``(6) recruit teacher candidates with the goal of 
        diversifying the teacher workforce;
            ``(7) prepare teachers for high-demand subject areas 
        including science, mathematics, technology, special education, 
        critical foreign languages, or the education of limited English 
        proficient individuals;
            ``(8) prepare teachers to teach in high-need schools;
            ``(9) increase coordination between teacher education 
        programs and departments, schools, or colleges of arts and 
        sciences;
            ``(10) encourage teacher education and post baccalaureate 
        programs at times and in formats designed to make these 
        programs more accessible to certain student populations, 
        including mid-career professionals transitioning to teaching;
            ``(11) carry out other activities that aim to ensure that 
        well-qualified individuals enter into the teaching profession;
            ``(12) develop associate's degree programs with an emphasis 
        on the essential components of reading instruction to train 
        educators such as pre-service teachers, paraprofessionals, 
        speech-language pathology assistants, and tutors to teach 
        students with reading difficulties and students who learn to 
        read differently than their peers; and
            ``(13) develop licensure programs for early childhood 
        educators that emphasize the essential components of reading 
        instruction and other strategies based on scientifically valid 
        research, and that address strategies for early screening and 
        early intervention for students with reading difficulty and who 
        learn to read differently than their peers.
    ``(c) Eligible Entity.--For purposes of this subpart, the term 
`eligible entity' means an individual community college (or district of 
community colleges), a consortia of community colleges, or a statewide 
community college system that, for the purposes of carrying out 
activities under this subpart, has entered into a partnership with--
            ``(1) a four-year institution of higher education with a 
        teacher education program, or a consortia of such institutions; 
        and
            ``(2) at least one of the following:
                    ``(A) The State agency that oversees teacher 
                preparation or higher education in the State.
                    ``(B) One or more local educational agencies.
                    ``(C) The State educational agency.
                    ``(D) A professional organization representing 
                teachers.
    ``(d) Application.--Each eligible entity desiring a grant under 
this subpart shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require. Such application shall include--
            ``(1) an overview of the goals the eligible entity and its 
        partners plan to pursue upon receipt of a grant under this 
        subpart;
            ``(2) an identification of the institutions, agencies, or 
        organizations that have entered into a partnership with the 
        eligible entity to meet the requirements of subsection (c);
            ``(3) a description of how the eligible entity and its 
        partners will work to ensure a seemless transition for students 
        from community college to 4-year institutions;
            ``(4) an assurance by the eligible entity that students 
        will be provided with intensive support services, which may 
        include mentoring, academic and career support, and support for 
        students who are transitioning, or have transitioned, from the 
        community college to the 4-year institution; and
            ``(5) a description of the rigorous 2-year program of study 
        to be provided by the eligible entity, and a description of how 
        such program establishes a foundation for students to enter 
        into a qualified teacher preparation program at a 4-year 
        institution.
    ``(e) Priority.--In awarding grants under this subpart, the 
Secretary shall give priority to applications the goals of which are 
to--
            ``(1) increase the diversification of the teacher workforce 
        by enrolling and retaining students from minority racial and 
        ethnic backgrounds and others underrepresented in the local 
        education workforce;
            ``(2) prepare teachers for high-demand subject areas 
        including science, mathematics, technology, special education, 
        critical foreign languages, or the education of limited English 
        proficient individuals; or
            ``(3) prepare teachers to enter into high-need schools.

``SEC. 252. DEFINITIONS.

    ``In this subpart:
            ``(1) Community college.--The term `community college' 
        means a publicly funded institution of higher education (as 
        defined in section 101) at which the highest degree awarded is 
        predominantly the associates degree.
            ``(2) Four-year institution.--The term `4-year institution' 
        means an institution of higher education (as defined in section 
        101(a)) that provides a 4-year program of instruction for which 
        the institution awards a bachelor's degree.
            ``(3) Qualified teacher preparation program.--The term 
        `qualified teacher preparation program' means an undergraduate 
        program for students at an institution of higher education 
        that--
                    ``(A) encourages collaboration between faculty in 
                education and faculty in the relevant subject areas 
                including, sciences mathematics, and foreign languages 
                to pursue content coordination for courses taken 
                frequently by students preparing to be teachers;
                    ``(B) offers support services, including mentoring, 
                exposure to and field experience in the classroom prior 
                to graduation, or other practices, for students while 
                they are in the program, and after graduation while 
                working as teachers; and
                    ``(C) focuses on increasing the number of teachers 
                for high-demand subject areas.

    ``Subpart 3--Honorable Augustus F. Hawkins Centers of Excellence

``SEC. 261. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible institution.--The term `eligible 
        institution' means--
                    ``(A) an institution of higher education that has a 
                teacher preparation program that is a qualified teacher 
                preparation program under section 252, and that is--
                            ``(i) a part B institution (as defined in 
                        section 322);
                            ``(ii) a Hispanic-serving institution (as 
                        defined in section 502);
                            ``(iii) a Tribal College or University (as 
                        defined in section 316);
                            ``(iv) an Alaska Native-serving institution 
                        (as defined in section 317(b));
                            ``(v) a Native Hawaiian-serving institution 
                        (as defined in section 317(b));
                            ``(vi) a Predominantly Black Institution 
                        (as defined in section 318(b));
                            ``(vii) an Asian American and Pacific 
                        Islander-serving institution (as defined in 
                        section 319(b)); or
                            ``(viii) a Native American-serving non-
                        tribal institution (as defined in section 
                        320(b));
                    ``(B) a consortium of institutions described in 
                subparagraph (A); or
                    ``(C) an institution described in subparagraph (A), 
                or a consortium described in subparagraph (B), in 
                partnership with any other institution of higher 
                education, but only if the center of excellence 
                established under section 262 is located at an 
                institution described in subparagraph (A).
            ``(2) Scientifically based reading research.--The term 
        `scientifically based reading research' has the meaning given 
        such term in section 1208 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6368).

``SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.

    ``(a) Program Authorized.--From the amounts appropriated to carry 
out this part, the Secretary is authorized to award competitive grants 
to eligible institutions to establish centers of excellence.
    ``(b) Use of Funds.--Grants provided by the Secretary under this 
subpart shall be used to ensure that current and future teachers are 
highly qualified, by carrying out one or more of the following 
activities:
            ``(1) Implementing reforms within teacher preparation 
        programs to ensure that such programs are preparing teachers 
        who are highly qualified, are able to understand scientifically 
        valid research, and are able to use advanced technology 
        effectively in the classroom, including use for instructional 
        techniques to improve student academic achievement, by--
                    ``(A) retraining or recruiting faculty; and
                    ``(B) designing (or redesigning) teacher 
                preparation programs that--
                            ``(i) prepare teachers to serve in low-
                        performing schools and close student 
                        achievement gaps, and are based on rigorous 
                        academic content, scientifically valid research 
                        (including scientifically based reading 
                        research), and challenging State student 
                        academic content standards; and
                            ``(ii) promote strong teaching skills, as 
                        defined in section 200(b).
            ``(2) Providing sustained and high-quality pre-service 
        clinical experience, including the mentoring of prospective 
        teachers by exemplary teachers, substantially increasing 
        interaction between faculty at institutions of higher education 
        and new and experienced teachers, principals, and other 
        administrators at elementary schools or secondary schools, and 
        providing support, including preparation time, for such 
        interaction.
            ``(3) Developing and implementing initiatives to promote 
        retention of highly qualified teachers and principals, 
        including minority teachers and principals, including programs 
        that provide--
                    ``(A) teacher or principal mentoring from exemplary 
                teachers or principals; or
                    ``(B) induction and support for teachers and 
                principals during their first 3 years of employment as 
                teachers or principals, respectively.
            ``(4) Awarding scholarships based on financial need to help 
        students pay the costs of tuition, room, board, and other 
        expenses of completing a teacher preparation program.
            ``(5) Disseminating information on effective practices for 
        teacher preparation and successful teacher certification and 
        licensure assessment preparation strategies.
            ``(6) Activities authorized under section 202.
    ``(c) Application.--Any eligible institution desiring a grant under 
this subpart shall submit an application to the Secretary at such a 
time, in such a manner, and accompanied by such information as the 
Secretary may require.
    ``(d) Minimum Grant Amount.--The minimum amount of each grant under 
this subpart shall be $500,000.
    ``(e) Limitation on Administrative Expenses.--An eligible 
institution that receives a grant under this subpart may not use more 
than 2 percent of the grant funds for purposes of administering the 
grant.
    ``(f) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this subpart.

                     ``Subpart 4--Teach for America

``SEC. 271. TEACH FOR AMERICA.

    ``(a) Definitions.--
            ``(1) Grantee.--The term `grantee' means Teach For America, 
        Inc.
            ``(2) High need.--Notwithstanding section 200(b), the term 
        `high need', when used with respect to a local educational 
        agency, means a local educational agency experiencing a 
        shortage of highly qualified teachers.
    ``(b) Grants Authorized.--The Secretary is authorized to award a 
grant to Teach For America, Inc., the national teacher corps of 
outstanding recent college graduates who commit to teach for 2 years in 
underserved communities in the United States, to implement and expand 
its program of recruiting, selecting, training, and supporting new 
teachers.
    ``(c) Requirements.--In carrying out the grant program under 
subsection (b), the Secretary shall enter into an agreement with the 
grantee under which the grantee agrees to use the grant funds provided 
under this subpart to--
            ``(1) provide highly qualified teachers to high need local 
        educational agencies in urban and rural communities;
            ``(2) pay the costs of recruiting, selecting, training, and 
        supporting new teachers; and
            ``(3) serve a substantial number and percentage of 
        underserved students.
    ``(d) Authorized Activities.--
            ``(1) In general.--Grant funds provided under this subpart 
        shall be used by the grantee to carry out each of the following 
        activities:
                    ``(A) Recruiting and selecting teachers through a 
                highly selective national process.
                    ``(B) Providing pre-service training to such 
                teachers through a rigorous summer institute that 
                includes hands-on teaching experience and significant 
                exposure to education course work and theory.
                    ``(C) Placing such teachers in schools and 
                positions designated by high need local educational 
                agencies as high need placements serving underserved 
                students.
                    ``(D) Providing ongoing professional development 
                activities for such teachers' first 2 years in the 
                classroom, including regular classroom observations and 
                feedback, and ongoing training and support.
            ``(2) Limitation.--The grantee shall use all grant funds 
        received under this subpart to support activities related 
        directly to the recruitment, selection, training, and support 
        of teachers as described in paragraph (1).
    ``(e) Reports and Evaluations.--
            ``(1) Annual report.--The grantee shall provide to the 
        Secretary an annual report that includes--
                    ``(A) data on the number and quality of the 
                teachers provided to local educational agencies through 
                a grant under this subpart;
                    ``(B) an externally conducted analysis of the 
                satisfaction of local educational agencies and 
                principals with the teachers so provided; and
                    ``(C) comprehensive data on the background of the 
                teachers chosen, the training such teachers received, 
                the placement sites of such teachers, the professional 
                development of such teachers, and the retention of such 
                teachers.
            ``(2) Study.--
                    ``(A) In general.--From funds appropriated under 
                section 240, the Secretary shall provide for a study 
                that examines the achievement levels of the students 
                taught by the teachers assisted under this subpart.
                    ``(B) Student learning gains compared.--The study 
                shall compare, within the same schools, the student 
                learning gains made by students taught by teachers who 
                are assisted under this subpart with the student 
                learning gains made by students taught by teachers who 
                are not assisted under this subpart.
            ``(3) Requirements.--The Secretary shall provide for such a 
        study not less than once every 3 years, and each such study 
        shall include multiple placement sites and multiple schools 
        within placement sites.
            ``(4) Peer review standards.--Each such study shall meet 
        the peer review standards of the education research community. 
        Further, the peer review standards shall ensure that reviewers 
        have expertise in assessment systems, accountability, and 
        instruction.
    ``(f) Authorization of Appropriations.--Of the sums authorized to 
be appropriated by section 240, the amount authorized to be 
appropriated to carry out this section shall not exceed--
            ``(1) $20,000,000 for fiscal year 2009;
            ``(2) $25,000,000 for fiscal year 2010; and
            ``(3) such sums as may be necessary for each of the 3 
        succeeding fiscal years.

  ``Subpart 5--Early Childhood Education Professional Development and 
                           Career Task Force

``SEC. 281. PURPOSE.

    ``It is the purpose of this subpart--
            ``(1) to improve the quality of the early childhood 
        education workforce by creating a statewide early childhood 
        education professional development and career task force for 
        early childhood education program staff, directors, and 
        administrators; and
            ``(2) to create--
                    ``(A) a coherent system of core competencies, 
                pathways to qualifications, credentials, degrees, 
                quality assurances, access, and outreach, for early 
                childhood education program staff, directors, and 
                administrators, that is linked to compensation 
                commensurate with experience and qualifications;
                    ``(B) articulation agreements that enable early 
                childhood education professionals to transition easily 
                among degrees; and
                    ``(C) compensation initiatives for individuals 
                working in an early childhood education program that 
                reflect the individuals' credentials, degrees, and 
                experience.

``SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.

    ``In this subpart, the term `early childhood education program' 
means--
            ``(1) a family child care program, center-based child care 
        program, State prekindergarten program, or school-based 
        program, that--
                    ``(A) provides early childhood development and 
                education;
                    ``(B) is licensed or regulated by the State; and
                    ``(C) serves children from birth to school entry;
            ``(2) a Head Start Program carried out under the Head Start 
        Act;
            ``(3) an Early Head Start Program carried out under section 
        645A of the Head Start Act; or
            ``(4) a program authorized under section 619 or part C of 
        the Individuals with Disabilities Education Act.

``SEC. 283. GRANTS AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants to 
States in accordance with the provisions of this subpart to enable such 
States--
            ``(1) to establish a State Task Force described in section 
        284; and
            ``(2) to support activities of the State Task Force 
        described in section 285.
    ``(b) Competitive Basis.--Grants under this subpart shall be 
awarded on a competitive basis.
    ``(c) Equitable Geographic Distribution.--In awarding grants under 
this subpart, the Secretary shall take into consideration providing an 
equitable geographic distribution of such grants.
    ``(d) Duration.--Grants under this subpart shall be awarded for a 
period of 3 years.

``SEC. 284. STATE TASK FORCE ESTABLISHMENT.

    ``(a) State Task Force Established.--The Governor of a State 
receiving a grant under this subpart shall establish, or designate an 
existing entity to serve as, the State Early Childhood Education 
Professional Development and Career Task Force (hereafter in this 
subpart referred to as the `State Task Force').
    ``(b) Membership.--The State Task Force shall include a 
representative of a State educational agency, an institution of higher 
education (including an associate or a baccalaureate degree granting 
institution of higher education), an early childhood education program, 
a nonprofit early childhood organization, a statewide early childhood 
workforce scholarship or supplemental initiative, the State Head Start 
collaboration director, and any other entity or individual the Governor 
determines appropriate.

``SEC. 285. STATE TASK FORCE ACTIVITIES.

    ``(a) Activities.--The State Task Force shall--
            ``(1) coordinate and communicate regularly with existing 
        State Advisory Councils on Early Care and Education or a 
        similar State entity charged with creating a comprehensive 
        system of early care and education in the State (hereafter in 
        this subpart referred to as `State Advisory Councils') for the 
        purposes of--
                    ``(A) integrating recommendations for early 
                childhood professional development and career 
                activities into the plans of the State Advisory 
                Council; and
                    ``(B) assisting in the implementation of 
                professional development and career activities that are 
                consistent with the plans described in subparagraph 
                (A);
            ``(2) conduct a review of opportunities for and barriers to 
        high quality professional development, training, and higher 
        education degree programs in early childhood development and 
        learning, including a periodic statewide survey concerning the 
        demographics of individuals working in early childhood 
        education programs in the State, which survey shall include 
        information disaggregated by--
                    ``(A) race, gender, and ethnicity;
                    ``(B) compensation levels;
                    ``(C) type of early childhood education program 
                setting;
                    ``(D) specialized knowledge of child development;
                    ``(E) years of experience in an early childhood 
                education program;
                    ``(F) attainment of--
                            ``(i) academic credit for course work;
                            ``(ii) an academic degree;
                            ``(iii) a credential;
                            ``(iv) licensure; or
                            ``(v) certification in early childhood 
                        education; and
                    ``(G) specialized knowledge in the education of 
                children with limited English proficiency; and
            ``(3) develop a plan for a comprehensive statewide 
        professional development and career system for individuals 
        working in early childhood education programs or for early 
        childhood education providers, which plan shall include--
                    ``(A) methods of providing outreach to early 
                childhood education program staff, directors, and 
                administrators to enable such individuals and providers 
                to be aware of opportunities and resources under the 
                statewide plan, which may include outreach to 
                underrepresented populations in the profession;
                    ``(B) developing a unified data collection and 
                dissemination system for early childhood education 
                training, professional development, and higher 
                education programs;
                    ``(C) increasing the participation of early 
                childhood educators in high quality training and 
                professional development by assisting in paying the 
                costs of enrollment in and completion of such training 
                and professional development courses;
                    ``(D) increasing the participation of early 
                childhood educators in postsecondary education programs 
                leading to degrees in early childhood education by 
                providing assistance to pay the costs of enrollment in 
                and completion of such postsecondary education 
                programs, which assistance--
                            ``(i) shall only be provided to an 
                        individual who--
                                    ``(I) enters into an agreement 
                                under which the individual agrees to 
                                work, for a reasonable number of years 
                                after receiving such a degree, in an 
                                early childhood education program that 
                                is located in a low-income area; and
                                    ``(II) has a family income equal to 
                                or less than the annually adjusted 
                                national median family income as 
                                determined by the Bureau of the Census; 
                                and
                            ``(ii) shall be provided in an amount that 
                        does not exceed $17,500;
                    ``(E) supporting professional development 
                activities and a career lattice for a variety of early 
                childhood professional roles with varying professional 
                qualifications and responsibilities for early childhood 
                education personnel, including strategies to enhance 
                the compensation of such personnel;
                    ``(F) supporting articulation agreements between 2- 
                and 4-year public and private institutions of higher 
                education and mechanisms to transform other training, 
                professional development, and experience into academic 
                credit;
                    ``(G) developing mentoring and coaching programs to 
                support new educators in and directors of early 
                childhood education programs;
                    ``(H) providing career development advising with 
                respect to the field of early childhood education, 
                including informing an individual regarding--
                            ``(i) entry into and continuing education 
                        requirements for professional roles in the 
                        field;
                            ``(ii) available financial assistance; and
                            ``(iii) professional development and career 
                        advancement in the field;
                    ``(I) enhancing the quality of faculty and course 
                work in postsecondary programs that lead to an 
                associate, baccalaureate, or graduate degree in early 
                childhood education;
                    ``(J) consideration of the availability of on-line 
                graduate level professional development offered by 
                institutions of higher education with experience and 
                demonstrated expertise in establishing programs in 
                child development, in order to improve the skills and 
                expertise of individuals working in early childhood 
                education programs; and
                    ``(K) developing or enhancing a system of quality 
                assurance with respect to the early childhood education 
                professional development and career system, including 
                standards or qualifications for individuals and 
                entities who offer training and professional 
                development in early childhood education.
    ``(b) Public Hearings.--The State Task Force shall hold public 
hearings and provide an opportunity for public comment on the 
activities described in the statewide plan described in subsection 
(a)(3).
    ``(c) Periodic Review.--The State Task Force shall meet 
periodically to review implementation of the statewide plan and to 
recommend any changes to the statewide plan the State Task Force 
determines necessary.

``SEC. 286. STATE APPLICATION AND REPORT.

    ``(a) In General.--Each State desiring a grant under this subpart 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
reasonably require. Each such application shall include a description 
of--
            ``(1) the membership of the State Task Force;
            ``(2) the activities for which the grant assistance will be 
        used;
            ``(3) other Federal, State, local, and private resources 
        that will be available to support the activities of the State 
        Task Force described in section 285;
            ``(4) the availability within the State of training, 
        educator preparation, professional development, compensation 
        initiatives, and career systems, related to early childhood 
        education; and
            ``(5) the resources available within the State for such 
        training, educator preparation, professional development, 
        compensation initiatives, and career systems.
    ``(b) Report to the Secretary.--Not later than 2 years after 
receiving a grant under this subpart, a State shall submit a report to 
the Secretary that shall describe--
            ``(1) other Federal, State, local, and private resources 
        that will be used in combination with a grant under this 
        subpart to develop or expand the State's early childhood 
        education professional development and career activities;
            ``(2) the ways in which the State Advisory Council will 
        coordinate the various State and local activities that support 
        the early childhood education professional development and 
        career system; and
            ``(3) the ways in which the State Task Force will use funds 
        provided under this subpart to carry out the activities 
        described in section 285.

``SEC. 287. EVALUATIONS.

    ``(a) State Evaluation.--Each State receiving a grant under this 
subpart shall--
            ``(1) evaluate the activities that are assisted under this 
        subpart in order to determine--
                    ``(A) the effectiveness of the activities in 
                achieving State goals;
                    ``(B) the impact of a career lattice for 
                individuals working in early childhood education 
                programs;
                    ``(C) the impact of the activities on licensing or 
                regulating requirements for individuals in the field of 
                early childhood development;
                    ``(D) the impact of the activities, and the impact 
                of the statewide plan described in section 286(a)(3), 
                on the quality of education, professional development, 
                and training related to early childhood education 
                programs that are offered in the State;
                    ``(E) the change in compensation and retention of 
                individuals working in early childhood education 
                programs within the State resulting from the 
                activities; and
                    ``(F) the impact of the activities on the 
                demographic characteristics of individuals working in 
                early childhood education programs; and
            ``(2) submit a report at the end of the grant period to the 
        Secretary regarding the evaluation described in paragraph (1).
    ``(b) Secretary's Evaluation.--Not later than September 30, 2013, 
the Secretary, in consultation with the Secretary of Health and Human 
Services, shall prepare and submit to the authorizing committees an 
evaluation of the State reports submitted under subsection (a)(2).

 ``Subpart 6--Preparing General Education Teachers to More Effectively 
                   Educate Students With Disabilities

``SEC. 291. TEACH TO REACH GRANTS.

    ``(a) Authorization of Program.--
            ``(1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to eligible partnerships to 
        improve the preparation of general education teacher candidates 
        to ensure that such teacher candidates possess the knowledge 
        and skills necessary to effectively instruct students with 
        disabilities in their classrooms.
            ``(2) Duration of grants.--A grant under this section shall 
        be awarded for a period of five years.
            ``(3) Non-federal share.--An eligible partnership that 
        receives a grant under this section shall provide not less than 
        25 percent of the cost of the activities carried out with such 
        grant from non-Federal sources, which may be provided in cash 
        or in kind.
    ``(b) Definition of Eligible Partnership.--In this section, the 
term `eligible partnership' is a partnership that--
            ``(1) shall include--
                    ``(A) one or more departments or programs at an 
                institution of higher education--
                            ``(i) that prepare elementary or secondary 
                        general education teachers;
                            ``(ii) that have a program of study that 
                        leads to an undergraduate degree, a master's 
                        degree, or completion of a post-baccalaureate 
                        program required for teacher certification; and
                            ``(iii) the graduates of which are highly 
                        qualified, as defined in section 9101 of the 
                        Elementary and Secondary Education Act of 1965;
                    ``(B) a department or program of special education 
                at an institution of higher education; and
                    ``(C) a high-need local educational agency; and
            ``(2) may include a department or program of mathematics, 
        earth or physical science, foreign language, or other 
        departments at the institution that have a role in preparing 
        teachers.
    ``(c) Required Activities.--An eligible partnership that receives a 
grant under this section shall use the grant funds to--
            ``(1) develop or strengthen an undergraduate, post-
        baccalaureate, or master's teacher preparation program by 
        integrating special education strategies into the general 
        education curriculum and academic content;
            ``(2) provide teacher candidates participating in the 
        program under paragraph (1) with skills related to--
                    ``(A) response to intervention, positive behavioral 
                supports, differentiated instruction, and data driven 
                instruction;
                    ``(B) developing and administering alternate 
                assessments of students with disabilities;
                    ``(C) determining and utilizing accommodations for 
                instruction and assessments;
                    ``(D) collaborating with special educators, related 
                services providers, and parents, including 
                participation in Individualized Education Program 
                development and implementation; and
                    ``(E) utilizing technology and assistive technology 
                for students with disabilities; and
            ``(3) provide extensive clinical experience for such 
        participants, with mentoring and induction support throughout 
        the program that continues during the first year of full-time 
        teaching.
    ``(d) Application.--An eligible partnership seeking a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require. Such application shall include--
            ``(1) A self-assessment by the eligible partnership of the 
        existing teacher preparation program at the institution of 
        higher education and needs related to preparing general 
        education teacher candidates to instruct students with 
        disabilities.
            ``(2) An assessment of the existing personnel needs for 
        general education teachers who instruct students with 
        disabilities, performed by the local educational agency in 
        which most graduates of the teacher preparation program are 
        likely to teach after completion of the program under 
        subsection (c)(1).
    ``(e) Peer Review.--The Secretary shall convene a peer review 
committee to review applications for grants under this section and to 
make recommendations to the Secretary regarding the selection of 
grantees. Members of the peer review committee shall be recognized 
experts in the fields of special education, teacher preparation, and 
general education, and shall not be in a position to benefit 
financially from any grants awarded under this section.
    ``(f) Evaluations.--
            ``(1) By the partnership.--An eligible partnership 
        receiving a grant under this section shall conduct an 
        evaluation at the end of the grant period to determine the 
        effectiveness of the general education teachers who completed a 
        program under subsection (c)(1) at instruction of students with 
        disabilities in general education classrooms, and the systemic 
        impact of the activities carried out by such grant on how each 
        institution of higher education that is a member of the 
        partnership prepares teachers for instruction in elementary and 
        secondary schools. Each eligible partnership performing an 
        evaluation under this paragraph shall report the findings of 
        such evaluation to the Secretary.
            ``(2) Report by the secretary.--Not later than 180 days 
        after the last day of the grant period under this section, the 
        Secretary shall make available to Congress and the public the 
        findings of the evaluations submitted under paragraph (1), and 
        information on best practices related to effective instruction 
        of students with disabilities in general education 
        classrooms.''.

SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST PRACTICES IN 
              TEACHER PREPARATION.

    (a) In General.--The Secretary shall enter into a contract with the 
National Academy of Sciences to conduct a 2-year study to develop 
suggested best practices in teacher preparation for departments, 
schools, and colleges of education. Such best practices shall include 
recommendations to improve teaching skills, including skills related to 
working with diverse populations.
    (b) Best Research; Suggested Training.--The suggested best 
practices developed under subsection (a) shall reflect the best 
research into how students learn and on the content-specific methods 
shown to be effective with students, including examining how children 
learn. The suggested best practices shall include suggested training 
for general and special education teachers in working with diverse 
populations, utilizing the principles of universal design for learning, 
assessments in the classroom, and classroom management.
    (c) Collaboration.--
            (1) In general.--In conducting the study under subsection 
        (a), the National Academy of Sciences shall collaborate with 
        interested parties in developing the suggested best practices.
            (2) Interested parties.--In this subsection, the term 
        ``interested parties'' means--
                    (A) college presidents;
                    (B) deans of arts and sciences and teacher 
                education programs;
                    (C) teacher preparation faculty;
                    (D) chief State school officers;
                    (E) school superintendents;
                    (F) teacher organizations;
                    (G) outstanding teachers and principals;
                    (H) teacher preparation accrediting organizations;
                    (I) individuals or organizations with expertise in 
                working with diverse populations, including students 
                with disabilities and limited English proficient 
                students; and
                    (J) other organizations with expertise in teacher 
                recruitment and training.
    (d) Prohibition.--Nothing in this section shall be construed to 
authorize the National Academy of Sciences to recommend, or any other 
Federal Government entity or contractor to mandate, direct, control, or 
suggest, a specific curriculum for teacher education programs.

                    TITLE III--TITLE III AMENDMENTS

SEC. 301. PROGRAM PURPOSE.

    Section 311 (20 U.S.C. 1057) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``351'' and 
                inserting ``391''; and
                    (B) in paragraph (3)(F), by inserting ``, including 
                services that will assist in the education of special 
                populations'' before the period; and
            (2) in subsection (c)--
                    (A) in paragraph (6), by inserting ``, including 
                innovative, customized, instruction courses designed to 
                help retain students and move the students rapidly into 
                core courses and through program completion'' before 
                the period;
                    (B) by redesignating paragraphs (7) through (12) as 
                paragraphs (8) through (13), respectively;
                    (C) by inserting after paragraph (6) the following:
            ``(7) Education or counseling services designed to improve 
        the financial literacy and economic literacy of students or the 
        students' parents.'';
                    (D) in paragraph (12) (as redesignated by 
                subparagraph (B)), by striking ``distance learning 
                academic instruction capabilities'' and inserting 
                ``distance education technologies''; and
                    (E) in the matter preceding subparagraph (A) of 
                paragraph (13) (as redesignated by subparagraph (B)), 
                by striking ``subsection (c)'' and inserting 
                ``subsection (b) and section 391''.

SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY CONTROLLED 
              COLLEGES AND UNIVERSITIES.

    (a) Eligible Institutions.--Section 316(b)(3) (20 U.S.C. 
1059c(b)(3)) is amended to read as follows:
            ``(3) Tribal college or university.--The term `Tribal 
        College or University' means an institution that--
                    ``(A) qualifies for funding under the Tribally 
                Controlled College or University Assistance Act of 1978 
                (25 U.S.C. 1801 et seq.) or the Navajo Community 
                College Assistance Act (25 U.S.C. 640a note); or
                    ``(B) is cited in section 532 of the Equity in 
                Educational Land Grant Status Act of 1994 (7 U.S.C. 301 
                note).''.
    (b) Distance Learning.--Section 316(c)(2) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) construction, maintenance, renovation, and 
                improvement in classrooms, libraries, laboratories, and 
                other instructional facilities, including purchase or 
                rental of telecommunications technology equipment or 
                services, and the acquisition of real property adjacent 
                to the campus of the institution on which to construct 
                such facilities;'';
            (2) in subparagraph (C), by inserting before the semicolon 
        at the end the following: ``, or advanced degrees in tribal 
        governance or tribal public policy'';
            (3) in subparagraph (D), by inserting before the semicolon 
        at the end the following: ``, and in tribal governance or 
        tribal public policy'';
            (4) by striking ``and'' at the end of subparagraph (K);
            (5) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (6) by inserting after subparagraph (K) the following new 
        subparagraph:
                    ``(L) developing or improving facilities for 
                Internet use or other distance learning academic 
                instruction capabilities; and''.
    (c) Application and Allotment.--Section 316(d) is amended to read 
as follows:
    ``(d) Application and Allotment.--
            ``(1) Institutional eligibility.--To be eligible to receive 
        assistance under this section, a Tribal College or University 
        shall be an eligible institution under section 312(b).
            ``(2) Application.--Any Tribal College or University 
        desiring to receive assistance under this section shall submit 
        an application to the Secretary at such time, and in such 
        manner, as the Secretary may reasonably require.
            ``(3) Minimum grant.--Notwithstanding section 399(c), the 
        amount allotted to each institution under this section shall 
        not be less than $500,000.
            ``(4) Special rules.--
                    ``(A) Concurrent funding.--For the purposes of this 
                part, no Tribal College or University that is eligible 
                for and receives funds under this section shall 
                concurrently receive funds under other provisions of 
                this part or part B.
                    ``(B) Exemption.--Section 313(d) shall not apply to 
                institutions that are eligible to receive funds under 
                this section.''.
    (d) Allocation of Funds.--Section 316 is further amended by adding 
at the end the following new subsections:
    ``(e) Construction Grants.--
            ``(1) In general.--Of the amount appropriated to carry out 
        this section for any fiscal year, beginning with fiscal year 
        2009, the Secretary may reserve 30 percent of such amount for 
        the purpose of awarding 1-year grants of not less than 
        $1,000,000 to address construction, maintenance, and renovation 
        needs at eligible institutions.
            ``(2) Preference.--In providing grants under paragraph (1) 
        for any fiscal year, the Secretary shall give preference to 
        eligible institutions that have not received an award under 
        this section for a previous fiscal year.
    ``(f) Allotment of Remaining Funds.--The Secretary shall distribute 
any funds appropriated to carry out this section for any fiscal year 
that remain available after the Secretary has awarded grants under 
subsection (e), to each eligible institution as follows:
            ``(1) 60 percent of the remaining appropriated funds shall 
        be distributed among the eligible Tribal Colleges and 
        Universities on a pro rata basis, based on the respective 
        Indian student counts (as defined in section 2(a) of the 
        Tribally Controlled College or University Assistance Act of 
        1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and 
        Universities; and
            ``(2) the remaining 40 percent shall be distributed in 
        equal shares to the eligible Tribal Colleges and 
        Universities.''.

SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS.

    Part A of title III is amended by inserting after section 317 (20 
U.S.C. 1059d) the following new section:

``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.

    ``(a) Purpose.--It is the purpose of this section to assist 
Predominantly Black Institutions in expanding educational opportunity 
through a program of Federal assistance.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Predominantly black institution.--The term 
        `Predominantly Black Institution' means an institution of 
        higher education--
                    ``(A) that is an eligible institution (as defined 
                in paragraph (5)(A) of this subsection) with a minimum 
                of 1,000 undergraduate students;
                    ``(B) at which at least 50 percent of the 
                undergraduate students enrolled at the institution are 
                low-income individuals or first-generation college 
                students (as that term is defined in section 402A(g)); 
                and
                    ``(C) at which at least 50 percent of the 
                undergraduate students are enrolled in an educational 
                program leading to a bachelor's or associate's degree 
                that the institution is licensed to award by the State 
                in which it is located.
            ``(2) Low-income individual.--The term `low-income 
        individual' has the meaning given such term in section 402A(g).
            ``(3) 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, or both, are determined on the basis of income 
        or resources of the individual or family seeking the benefit.
            ``(4) State.--The term `State' means each of the 50 States 
        and the District of Columbia.
            ``(5) Other definitions.--For purposes of this section, the 
        terms defined by section 312 have the meanings provided by that 
        section, except as follows:
                    ``(A) Eligible institution.--
                            ``(i) The term `eligible institution' means 
                        an institution of higher education that--
                                    ``(I) has an enrollment of needy 
                                undergraduate students as required and 
                                defined by subparagraph (B);
                                    ``(II) except as provided in 
                                section 392(b), the average educational 
                                and general expenditure of which are 
                                low, per full-time equivalent 
                                undergraduate student in comparison 
                                with the average educational and 
                                general expenditure per full-time 
                                equivalent undergraduate student of 
                                institutions that offer similar 
                                instruction;
                                    ``(III) has an enrollment of 
                                undergraduate students that is at least 
                                40 percent Black American students;
                                    ``(IV) is legally authorized to 
                                provide, and provides within the State, 
                                an educational program for which the 
                                institution awards a bachelors degree, 
                                or in the case of a junior or community 
                                college, an associate's degree;
                                    ``(V) is accredited by a nationally 
                                recognized accrediting agency or 
                                association determined by the Secretary 
                                to be a reliable authority as to the 
                                quality of training offered, or is, 
                                according to such an agency or 
                                association, making reasonable progress 
                                toward accreditation; and
                                    ``(VI) is not receiving assistance 
                                under part B of this title.
                            ``(ii) In awarding grants under this 
                        section the Secretary shall give priority to 
                        Predominantly Black Institutions with large 
                        numbers or percentages of students described in 
                        clause (i)(II) or clause (i)(III). The level of 
                        priority given to Predominantly Black 
                        Institutions with large numbers or percentages 
                        of students described in paragraph (1)(B) shall 
                        be twice the level of priority given to 
                        Predominantly Black Institutions with large 
                        numbers or percentages of students described in 
                        paragraph (1)(C).
                    ``(B) Enrollment of needy students.--The term 
                `enrollment of needy students' means the enrollment at 
                an eligible institution with respect to which at least 
                50 percent of the undergraduate students enrolled in an 
                academic program leading to a degree--
                            ``(i) in the second fiscal year preceding 
                        the fiscal year for which the determination is 
                        made, were Pell Grant recipients in such year;
                            ``(ii) come from families that receive 
                        benefits under a means-tested Federal benefits 
                        program (as defined in paragraph (3));
                            ``(iii) attended a secondary school that 
                        was a high-need school during any year of such 
                        attendance; or
                            ``(iv) are `first-generation college 
                        students' as that term is defined in section 
                        402A(g), and a majority of such first-
                        generation college students are low-income 
                        individuals.
    ``(c) Authorized Activities.--
            ``(1) Types of activities authorized.--Grants awarded 
        pursuant to subsection (d) shall be used by Predominantly Black 
        Institutions--
                    ``(A) to assist the institution to plan, develop, 
                undertake, and implement programs to enhance the 
                institution's capacity to serve more low- and middle-
                income Black American students;
                    ``(B) to expand higher education opportunities for 
                title IV eligible students by encouraging college 
                preparation and student persistence in secondary and 
                postsecondary education; and
                    ``(C) to strengthen the institution's financial 
                ability to serve the academic needs of the students 
                described in subparagraphs (A) and (B).
            ``(2) Authorized activities.--Grants made to an institution 
        under subsection (d) shall be used for one or more of the 
        following activities:
                    ``(A) The activities described in section 311(c)(1) 
                through (11).
                    ``(B) Academic instruction in disciplines in which 
                Black Americans are underrepresented.
                    ``(C) Establishing or enhancing a program of 
                teacher education designed to qualify students to teach 
                in a public elementary or secondary school in the State 
                that shall include, as part of such program, 
                preparation for teacher certification.
                    ``(D) Establishing community outreach programs 
                which will encourage elementary and secondary students 
                to develop the academic skills and the interest to 
                pursue postsecondary education.
                    ``(E) Other activities proposed in the application 
                submitted pursuant to subsection (e) that--
                            ``(i) contribute to carrying out the 
                        purposes of this section; and
                            ``(ii) are approved by the Secretary as 
                        part of the review and acceptance of such 
                        application.
            ``(3) Endowment fund.--
                    ``(A) In general.--A Predominantly Black 
                Institution may use not more than 20 percent of the 
                grant funds provided under this section to establish or 
                increase an endowment fund at the institution.
                    ``(B) Matching requirement.--In order to be 
                eligible to use grant funds in accordance with 
                subparagraph (A), the Predominantly Black Institution 
                shall provide matching funds from non-Federal sources, 
                in an amount equal to or greater than the Federal funds 
                used in accordance with subparagraph (A), for the 
                establishment or increase of the endowment fund.
                    ``(C) Comparability.--The provisions of part C 
                regarding the establishment or increase of an endowment 
                fund, that the Secretary determines are not 
                inconsistent with this subsection, shall apply to funds 
                used under subparagraph (A).
            ``(4) Limitation.--Not more than 50 percent of the 
        allotment of any Predominantly Black Institution may be 
        available for the purpose of constructing or maintaining a 
        classroom, library, laboratory, or other instructional 
        facility.
    ``(d) Allotments to Predominantly Black Institutions.--
            ``(1) Allotment: pell grant basis.--From the amount 
        appropriated to carry out this section for any fiscal year, the 
        Secretary shall allot to each Predominantly Black Institution 
        having an application approved under subsection (e) a sum which 
        bears the same ratio to one-half that amount as the number of 
        Pell Grant recipients in attendance at such institution at the 
        end of the academic year preceding the beginning of that fiscal 
        year bears to the total number of Pell Grant recipients at all 
        institutions eligible under this section.
            ``(2) Allotment: graduates basis.--From the amount 
        appropriated to carry out this section for any fiscal year, the 
        Secretary shall allot to each Predominantly Black Institution 
        having an application approved under subsection (e) a sum which 
        bears the same ratio to one-fourth that amount as the number of 
        graduates for such year at such institution bears to the total 
        number of graduates for such year at all intuitions eligible 
        under this section.
            ``(3) Allotment: graduates seeking a higher degree basis.--
        From the amount appropriated to carry out this section for any 
        fiscal year, the Secretary shall allot to each Predominantly 
        Black Institution having an application approved under 
        subsection (e) a sum which bears the same ratio to one-fourth 
        of that amount as the percentage of graduates per institution 
        who, within 2 years of graduation with an associates degree or 
        a baccalaureate degree, are admitted to and in attendance at, 
        either a baccalaureate degree-granting institution or a 
        graduate or professional school in a degree program in 
        disciplines in which Black American students are 
        underrepresented, bears to the percentage of such graduates per 
        institution for all eligible institutions.
            ``(4) Minimum allotment.--(A) Notwithstanding paragraphs 
        (1), (2), and (3) of this subsection and section 399(c), the 
        amount allotted to each Predominantly Black Institution under 
        this section shall not be less than $250,000.
            ``(B) If the amount appropriated pursuant to section 399 
        for any fiscal year is not sufficient to pay the minimum 
        allotment, the amount of such minimum allotment shall be 
        ratably reduced. If additional sums become available for such 
        fiscal year, such reduced allocation shall be increased on the 
        same basis as it was reduced until the amount allotted equals 
        the minimum allotment required by subparagraph (A).
            ``(5) Reallotment.--The amount of a Predominantly Black 
        Institution's allotment under paragraph (1), (2), (3), or (4) 
        for any fiscal year, which the Secretary determines will not be 
        required for such institution for the period such allotment is 
        available, shall be available for reallotment to other 
        Predominantly Black Institutions in proportion to the original 
        allotment to such other institutions under this section for 
        such fiscal year. The Secretary shall reallot such amounts from 
        time to time, on such date and during such period as the 
        Secretary deems appropriate.
    ``(e) Applications.--No Predominantly Black Institution shall be 
entitled to its allotment of Federal funds for any grant under 
subsection (d) for any period unless the institution submits an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary may 
reasonably require.
    ``(f) Application Review Process.--Section 393 shall not apply to 
applications under this section.
    ``(g) Prohibition.--No Predominantly Black Institution that applies 
for and receives a grant under this section may apply for or receive 
funds under any other program under this part or part B of this title.
    ``(h) Duration and Carryover.--Any funds paid to a Predominantly 
Black Institution under this section and not expended or used for the 
purposes for which the funds were paid within 10 years following the 
date of the grant awarded to such institution under this section shall 
be repaid to the Treasury of the United States.''.

SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC 
              ISLANDER-SERVING INSTITUTIONS.

    Part A of title III is amended by inserting after section 318 (as 
added by section 303 of this Act) the following new section:

``SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING 
              INSTITUTIONS.

    ``(a) Program Authorized.--The Secretary shall provide grants and 
related assistance to Asian American and Native American Pacific 
Islander-serving institutions to enable such institutions to improve 
and expand their capacity to serve Asian Americans and Native American 
Pacific Islanders.
    ``(b) Definitions.--For the purpose of this section--
            ``(1) the term `Asian American' has the meaning given the 
        term Asian in the Office of Management and Budget's Standards 
        for Maintaining, Collecting, and Presenting Federal Data on 
        Race and Ethnicity as published on October 30, 1997 (62 Fed. 
        Reg. 58789);
            ``(2) 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;
            ``(3) the term `Asian American and Native American Pacific 
        Islander-serving institution' means an institution of higher 
        education that--
                    ``(A) is an eligible institution under section 
                312(b); and
                    ``(B) at the time of application, has an enrollment 
                of undergraduate students that is at least 10 percent 
                Asian American and Native American Pacific Islander 
                students; and
            ``(4) the term `low-income individual' means an individual 
        from a family whose taxable income for the preceding year did 
        not exceed 150 percent of an amount equal to the poverty level 
        determined by using criteria of poverty established by the 
        Bureau of the Census.
    ``(c) Authorized Activities.--
            ``(1) Types of activities authorized.--Grants awarded under 
        this section shall be used by Asian American and Native 
        American Pacific Islander-serving institutions to assist such 
        institutions to plan, develop, undertake, and carry out 
        activities to improve and expand such institutions' capacity to 
        serve Asian Americans and Native American Pacific Islanders.
            ``(2) Examples of authorized activities.--Such programs may 
        include--
                    ``(A) purchase, rental, or lease of scientific or 
                laboratory equipment for educational purposes, 
                including instructional and research purposes;
                    ``(B) renovation and improvement in classroom, 
                library, laboratory, and other instructional 
                facilities;
                    ``(C) support of faculty exchanges, and faculty 
                development and faculty fellowships to assist in 
                attaining advanced degrees in the faculty's field of 
                instruction;
                    ``(D) curriculum development and academic 
                instruction;
                    ``(E) purchase of library books, periodicals, 
                microfilm, and other educational materials;
                    ``(F) funds and administrative management, and 
                acquisition of equipment for use in strengthening funds 
                management;
                    ``(G) joint use of facilities such as laboratories 
                and libraries;
                    ``(H) academic tutoring and counseling programs and 
                student support services;
                    ``(I) establishing community outreach programs that 
                will encourage elementary school and secondary school 
                students to develop the academic skills and the 
                interest to pursue postsecondary education;
                    ``(J) establishing or improving an endowment fund;
                    ``(K) academic instruction in disciplines in which 
                Asian Americans and Native American Pacific Islanders 
                are under-represented;
                    ``(L) conducting research and data collection for 
                Asian American and Native American Pacific Islander 
                populations and sub-populations; and
                    ``(M) establishing partnerships with community 
                based organizations serving Asian Americans and Native 
                American Pacific Islanders.
    ``(d) Application Process.--
            ``(1) Institutional eligibility.--Each Asian American and 
        Native American Pacific Islander-serving institution desiring 
        to receive assistance under this section shall submit to the 
        Secretary such enrollment data as may be necessary to 
        demonstrate that the institution is an Asian American and 
        Native American Pacific Islander-serving institution as defined 
        in subsection (b), along with such other information and data 
        as the Secretary may require.
            ``(2) Applications.--Any institution which is determined by 
        the Secretary to be an Asian American and Native American 
        Pacific Islander-serving institution may submit an application 
        for assistance under this section to the Secretary. Such 
        application shall include--
                    ``(A) a 5-year plan for improving the assistance 
                provided by the Asian American and Native American 
                Pacific Islander-serving institution to Asian American 
                and Native American Pacific Islander students; and
                    ``(B) such other information and assurance as the 
                Secretary may require.
            ``(3) Special rules.--
                    ``(A) Eligibility.--No Asian American and Native 
                American Pacific Islander-serving institution that 
                receives funds under this section shall concurrently 
                receive funds under other provisions of this part or 
                part B.
                    ``(B) Exemption.--Section 313(d) shall not apply to 
                institutions that are eligible to receive funds under 
                this section.
                    ``(C) Distribution.--In awarding grants under this 
                section, the Secretary shall--
                            ``(i) to the extent possible and consistent 
                        with the competitive process under which such 
                        grants are awarded, ensure maximum and 
                        equitable distribution among all eligible 
                        institutions; and
                            ``(ii) give priority consideration to 
                        institutions that serve a significant 
                        percentage of Asian American and Native 
                        American Pacific Islander students who are low-
                        income individuals.''.

SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

    (a) Grant Program Authorized.--Part A of title III (20 U.S.C. 1057 
et seq.) is amended by adding after section 319 (as added by section 
304 of this Act) the following new section:

``SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

    ``(a) Program Authorized.--The Secretary shall provide grants and 
related assistance to Native American-serving, nontribal institutions 
to enable such institutions to improve and expand their capacity to 
serve Native Americans.
    ``(b) Definitions.--In this section:
            ``(1) Native american.--The term `Native American' means an 
        individual who is of a tribe, people, or culture that is 
        indigenous to the United States.
            ``(2) Native american-serving, nontribal institution.--The 
        term `Native American-serving, nontribal institution' means an 
        institution of higher education that, at the time of 
        application--
                    ``(A) has an enrollment of undergraduate students 
                that is not less than 10 percent Native American 
                students; and
                    ``(B) is not a Tribal College or University (as 
                defined in section 316).
    ``(c) Authorized Activities.--
            ``(1) Types of activities authorized.--Grants awarded under 
        this section shall be used by Native American-serving, 
        nontribal institutions to assist such institutions to plan, 
        develop, undertake, and carry out activities to improve and 
        expand such institutions' capacity to serve Native Americans.
            ``(2) Examples of authorized activities.--Such programs may 
        include--
                    ``(A) the purchase, rental, or lease of scientific 
                or laboratory equipment for educational purposes, 
                including instructional and research purposes;
                    ``(B) renovation and improvement in classroom, 
                library, laboratory, and other instructional 
                facilities;
                    ``(C) support of faculty exchanges, and faculty 
                development and faculty fellowships to assist faculty 
                in attaining advanced degrees in the faculty's field of 
                instruction;
                    ``(D) curriculum development and academic 
                instruction;
                    ``(E) the purchase of library books, periodicals, 
                microfilm, and other educational materials;
                    ``(F) funds and administrative management, and 
                acquisition of equipment for use in strengthening funds 
                management;
                    ``(G) the joint use of facilities such as 
                laboratories and libraries; and
                    ``(H) academic tutoring and counseling programs and 
                student support services.
    ``(d) Application Process.--
            ``(1) Institutional eligibility.--A Native American-
        serving, nontribal institution desiring to receive assistance 
        under this section shall submit to the Secretary such 
        enrollment data as may be necessary to demonstrate that the 
        institution is a Native American-serving, nontribal 
        institution, along with such other information and data as the 
        Secretary may by regulation require.
            ``(2) Applications.--
                    ``(A) Permission to submit applications.--Any 
                institution that is determined by the Secretary to be a 
                Native American-serving, nontribal institution may 
                submit an application for assistance under this section 
                to the Secretary.
                    ``(B) Simplified and streamlined format.--The 
                Secretary shall, to the extent possible, prescribe a 
                simplified and streamlined format for applications 
                under this section that takes into account the limited 
                number of institutions that are eligible for assistance 
                under this section.
                    ``(C) Content.--An application submitted under 
                subparagraph (A) shall include--
                            ``(i) a 5-year plan for improving the 
                        assistance provided by the Native American-
                        serving, nontribal institution to Native 
                        Americans; and
                            ``(ii) such other information and 
                        assurances as the Secretary may require.
            ``(3) Special rules.--
                    ``(A) Eligibility.--No Native American-serving, 
                nontribal institution that receives funds under this 
                section shall concurrently receive funds under other 
                provisions of this part or part B.
                    ``(B) Exemption.--Section 313(d) shall not apply to 
                institutions that are eligible to receive funds under 
                this section.
                    ``(C) Distribution.--In awarding grants under this 
                section, the Secretary shall, to the extent possible 
                and consistent with the competitive process under which 
                such grants are awarded, ensure maximum and equitable 
                distribution among all eligible institutions.''.

SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.

    (a) Definitions.--Section 322(4) (20 U.S.C. 1061(4)) is amended by 
inserting after ``the Secretary'' the following: ``, in consultation 
with the Commissioner of the National Center for Education 
Statistics,''.
    (b) Authorized Activities.--Section 323(a) (20 U.S.C. 1062(a)) is 
amended--
            (1) by redesignating paragraph (12) as paragraph (15); and
            (2) by inserting after paragraph (11) the following new 
        paragraphs:
            ``(12) Acquisition of real property in connection with the 
        construction, renovation, or addition to or improvement of 
        campus facilities.
            ``(13) Education or financial information designed to 
        improve the financial literacy and economic literacy of 
        students or the students' parents, especially with regard to 
        student indebtedness and student assistance programs under the 
        title IV.
            ``(14) Technical assistance or services necessary for the 
        implementation of projects or activities that are described in 
        the grant application and that are approved, in advance, by the 
        Secretary, except that not more than two percent of the grant 
        amount may be used for this purpose.''.
    (c) Allotments.--
            (1) Minimum allotment.--Subsection (d) of section 324 (20 
        U.S.C. 1063(d)) is amended to read as follows:
    ``(d) Minimum Allotment.--(1) If an otherwise eligible part B 
institution did not enroll any Pell Grant recipients, or did not 
graduate any students in the previous academic year, or where 
appropriate, send any such graduates on to graduate or first-
professional degree study, the institution shall not receive a grant 
under this part.
    ``(2) If the data provided by an eligible institution, pursuant to 
this section, is insufficient to justify an award in excess of 
$500,000, the otherwise eligible institution shall receive an allotment 
of $500,000, except that the Secretary shall not make an award of 
$500,000 if the amount determined based upon the formulas using 
subsection (b), (c), and (d) would be less than $250,000. If the amount 
determined by the formula would be less than $250,000, the Secretary 
shall award the minimum allotment of $250,000.''.
            (2) Condition for allotments.--Section 324 (20 U.S.C. 1063) 
        is further amended by adding at the end the following new 
        subsection:
    ``(h) Conditions for Allotments.--No institution shall receive an 
allotment under this section unless the institution provides data, 
required by the Secretary consistent with the formula in subsections 
(a) through (c), including the number of Pell Grant recipients enrolled 
in the previous award year; the number of students who earned an 
associate or baccalaureate degree in the previous academic year; and, 
when appropriate, the percentage of graduates who, within the past five 
years, enrolled in a graduate or first-professional degree program. No 
institution shall receive an allotment, including the minimum allotment 
under subsection (d), unless the institution provides the data required 
of that institution by the Secretary.''.
    (d) Professional or Graduate Institutions.--
            (1) Duration of grant.--Section 326(b) (20 U.S.C. 1063b(b)) 
        is amended by adding at the end the following new sentence: 
        ``Any funds awarded for such five-year grant period that are 
        obligated during such five-year period may be expended during 
        the 10-year period beginning on the first day of such five-year 
        period.''.
            (2) Authorized activities.--Section 326(c) (20 U.S.C. 
        1063b(c)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (6);
                    (B) by striking the period at the end of paragraph 
                (7) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(8) acquisition of real property in connection with the 
        construction, renovation, or addition to or improvement of 
        campus facilities;
            ``(9) education or financial information designed to 
        improve the financial literacy and economic literacy of 
        students or the students' parents, especially with regard to 
        student indebtedness and student assistance programs under the 
        title IV; and
            ``(10) technical assistance or services necessary for the 
        implementation of projects or activities that are described in 
        the grant application and that are approved, in advance, by the 
        Secretary, except that not more than two percent of the grant 
        amount may be used for this purpose.''.
            (3) Eligibility.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) 
        is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (Q);
                    (B) by striking the period at the end of 
                subparagraph (R) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(S) Alabama State University qualified graduate 
                programs;
                    ``(T) Bowie State University qualified graduate 
                programs;
                    ``(U) Delaware State University qualified graduate 
                programs;
                    ``(V) Langston University qualified graduate 
                programs;
                    ``(W) Prairie View A&M University qualified 
                graduate programs; and
                    ``(X) University of the District of Columbia David 
                A. Clarke School of Law.''.
            (4) Conforming amendment.--Section 326(e)(3) (20 U.S.C. 
        1063b(e)(3)) is amended--
                    (A) by striking ``1998'' and inserting ``2008''; 
                and
                    (B) by striking ``(Q) and (R)'' and inserting ``(S) 
                through (X)''.
            (5) Preservation of funding.--Section 326(f) (20 U.S.C. 
        1063b(f)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``$26,600,000'' and 
                        inserting ``$54,500,000''; and
                            (ii) by striking ``(P)'' and inserting 
                        ``(R)'';
                    (B) in paragraph (2)--
                            (i) by striking ``$26,600,000, but not in 
                        excess of $28,600,000'' and inserting 
                        ``$54,500,000, but not in excess of 
                        $60,500,000''; and
                            (ii) by striking ``subparagraphs (Q) and 
                        (R)'' and inserting ``subparagraphs (S) through 
                        (X)''; and
                    (C) in paragraph (3)--
                            (i) by striking ``$28,600,000'' and 
                        inserting ``$60,500,000''; and
                            (ii) by striking ``(R)'' and inserting 
                        ``(X)''.
    (e) Unexpended Funds.--Section 327(b) (20 U.S.C. 1063c(b)) is 
amended to read as follows:
    ``(b) Use of Unexpended Funds.--Any funds paid to an institution 
and not expended or used for the purposes for which the funds were paid 
during the five-year period following the date of the initial grant 
award, may be carried over and expended during the succeeding five-year 
period, if such funds were obligated for a purpose for which the funds 
were paid during the five-year period following the date of the initial 
grant award.''.

SEC. 307. ENDOWMENT CHALLENGE GRANTS.

    (a) Amounts.--Section 331(b) (20 U.S.C. 1065(b)) is amended--
            (1) in paragraph (2)(B)(i), by striking ``$500,000'' and 
        inserting ``$1,000,000''; and
            (2) in paragraph (5), by striking ``$50,000'' and inserting 
        ``$100,000''.
    (b) Technical Assistance.--Section 331 (20 U.S.C. 1065) is further 
amended by adding at the end the following new subsection:
    ``(l) Technical Assistance.--The Secretary, directly or by grant or 
contract, may provide technical assistance to eligible institutions to 
prepare the institutions to qualify, apply for, and maintain a grant, 
under this section.''.

SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.

    (a) Definitions.--Section 342 (20 U.S.C. 1066a) is amended--
            (1) in paragraph (5)(G), by inserting ``by an accrediting 
        agency or association recognized by the Secretary of 
        Education'' after ``agency or association'';
            (2) in paragraph (8)--
                    (A) is amended by striking ``the private'' and 
                inserting ``any private''; and
                    (B) by inserting adding ``capital project'' after 
                ``issuing taxable''; and
            (3) by adding at the end the following new paragraphs:
            ``(10) The term `eligible foundation' means a non-profit 
        foundation owned and sponsored by an eligible institution, or 
        an entity wholly owned by such a foundation.
            ``(11) The term `borrower' means the eligible institution 
        or the eligible foundation that receives funding pursuant to a 
        loan.''.
    (b) Federal Insurance for Bonds.--
            (1) Responsibilities of designated bonding authority.--
        Section 343(b) (20 U.S.C. 1066b(b)) is amended--
                    (A) in paragraph (1), by striking ``2 percent'' and 
                inserting ``1 percent'';
                    (B) in paragraph (3)(A), by inserting ``, not to 
                exceed 1 percent,'' after ``charge such interest'';
                    (C) in paragraph (8)--
                            (i) by inserting ``for loans closed before 
                        June 15, 2008,'' before ``establish an escrow 
                        account'';
                            (ii) in subparagraph (B)(ii), by inserting 
                        ``within 90 days'' after ``loan proceeds'';
                    (D) by striking ``and'' at the end of paragraph 
                (10);
                    (E) by striking the period at the end of paragraph 
                (11) and inserting a semicolon; and
                    (F) by adding at the end the following new 
                paragraphs:
            ``(12) with respect to any such loan, provide that any loan 
        collateralization shall not exceed 100 percent of the loan 
        amount; and
            ``(13) for loans closed after, June 15, 2008, establish a 
        reserve account which shall be available to the Secretary to 
        pay principal and interest on the bonds in the event of 
        delinquency in loan repayment, which reserve account shall 
        consist of an origination fee of 1 percent with respect to each 
        loan.''.
            (2) Forbearance; deferment.--Section 343 is further amended 
        by adding at the end the follow new subsections:
    ``(f) Forbearance.--An insurance agreement under this subsection 
shall contain provisions providing that, upon request from the borrower 
and with the approval of the Secretary in consultation with the 
Advisory Board, the designated bond authority shall grant a borrower 
forbearance, renewable at 12-month intervals, on terms agreed to in 
writing by the parties to the loan with the approval of the Secretary, 
and otherwise consistent with the regulations of the Secretary.
    ``(g) Deferment.--An insurance agreement under this subsection 
shall contain provisions providing that, during construction or 
renovation, the Designated Bond Authority shall grant a borrower 
deferment, renewable at 12-month intervals, on terms agreed to in 
writing by the parties to the loan with the approval of the Secretary 
in consultation with the Advisory Board, and otherwise consistent with 
the regulations of the Secretary.''.
    (c) Limitations on Federal Insurance for Bonds Issued by the 
Designated Bonding Authority.--Section 344(a) (20 U.S.C. 1066c(a)) is 
amended--
            (1) by striking ``$375,000,000'' and inserting 
        ``$1,100,000,000'';
            (2) by striking ``$250,000,000'' and inserting 
        ``$733,333,333''; and
            (3) by striking ``$125,000,000'' and inserting 
        ``$366,666,666''.
    (d) Authority of the Secretary.--Section 345(1) (20 U.S.C. 
1066d(1)) is amended--
            (1) by striking ``the Higher Education Amendments of 
        1992,'' and inserting ``the College Opportunity and 
        Affordability Act of 2008'';
            (2) by striking ``and'' at the end of subparagraph (A); and
            (3) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) specify up to 3 designated bonding 
                authorities to be authorized under this part; and
                    ``(D) provide for periodic review of designated 
                bonding authority authorizations no less frequently 
                than every 3 years;''.
    (e) HBCU Capital Financing Advisory Board.--Section 347(b)(1) (20 
U.S.C. 1066f(b)(1)) is amended--
            (1) by striking out ``9 members'' and inserting ``11 
        members'';
            (2) in subparagraph (C), by striking ``two'' and inserting 
        ``three'';
            (3) by adding at the end the following new subparagraph:
                    ``(G) The president of the Thurgood Marshall 
                Scholarship Fund.''.

SEC. 309. PROGRAMS IN STEM FIELDS.

    (a) YES Partnerships; Entry Into STEM Fields.--Part E of title III 
(20 U.S.C.1067 et seq.) is amended--
            (1) by redesignating subpart 2 as subpart 3; and
            (2) by inserting after subpart 1 the following new subpart:

                  ``Subpart 2--Programs in STEM Fields

``SEC. 355. YES PARTNERSHIPS GRANT PROGRAM.

    ``(a) Grant Program Authorized.--Subject to the availability of 
appropriations to carry out this subpart, the Secretary shall make 
grants to eligible partnerships (as described in subsection (f)) to 
support underrepresented minority youth engagement in science, 
technology, engineering, and mathematics through outreach and hands-on, 
experiential-based learning projects that encourage underrepresented 
minority students in kindergarten through grade 12 to pursue careers in 
science, technology, engineering, and mathematics.
    ``(b) Minimum Grant Amount.--A grant awarded to a partnership under 
this subpart shall be for an amount that is not less than $500,000.
    ``(c) Duration.--A grant awarded under this subpart shall be for a 
period of 5 years.
    ``(d) Non-Federal Matching Share Required.--A partnership receiving 
a grant under this subpart shall provide, from non-Federal sources, in 
cash or in kind, an amount equal to 50 percent of the costs of the 
project supported by such grant.
    ``(e) Distribution of Grants.--In awarding grants under this 
subpart, the Secretary shall ensure that, to the maximum extent 
practicable, the projects funded under this subpart are located in 
diverse geographic regions of the United States.
    ``(f) Eligible Partnerships.--Notwithstanding the general 
eligibility provision in section 361, eligibility to receive grants 
under this subpart is limited to partnerships described in paragraph 
(5) of such section.

``SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS.

    ``(a) Authority To Contract, Subject to Appropriations.--The 
Secretary of Education is authorized to enter into a contract with a 
firm with a demonstrated record of success in advertising to implement 
a campaign to expand the population of qualified individuals in 
science, technology, engineering, and math (STEM) fields by encouraging 
young Americans to enter the those fields.
    ``(b) Design of Campaign.--Such a campaign shall be designed to 
enhance the image of education and professions in the STEM fields and 
promote participation in the STEM fields and shall include--
            ``(1) monitoring trends in youth attitudes toward pursuing 
        education and professions in the STEM fields and their 
        propensity toward entering the STEM fields;
            ``(2) determining what factors contribute to encouraging 
        and discouraging Americans from pursuing study in STEM fields 
        and entering the STEM fields professionally;
            ``(3) determining what specific factors limit the 
        participation of groups currently underrepresented in STEM 
        fields, including Latinos, African-Americans, and women; and
            ``(4) drawing from the market research performed under this 
        section and implementing an advertising campaign to encourage 
        young Americans to take up studies in STEM fields, beginning at 
        an early age.
    ``(c) Required Components.--Such a campaign shall include 
components that focus tailored messages on appropriate age groups, 
starting with elementary school students. Such a campaign shall link 
participation in the STEM fields to the concept of service to one's 
country, so that young people will be encouraged to enter the STEM 
fields in order fulfill the obligation to be of service to their 
country.
    ``(d) Priority.--Such a campaign shall hold as a high priority 
making specific appeals to Latinos, African-Americans, and women, who 
are currently under-represented in the STEM fields, in order to 
increase their numbers in the STEM fields, and shall tailor recruitment 
efforts to each specific group.
    ``(e) Use of Variety of Media.--Such a campaign shall make use of a 
variety of media, with an emphasis on television advertising, to reach 
its intended audience.
    ``(f) Teaching.--Such a campaign shall include a narrowly focused 
effort to attract current professionals in the STEM fields, through 
advertising in mediums likely to reach that specific group, into 
teaching in a STEM field in elementary and secondary school.

``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.

    ``The Secretary shall develop an evaluation and accountability plan 
for projects funded under this subpart. Such plan shall include, if the 
Secretary determines that it is practical, an objective measure of the 
impact of such projects, such as a measure of whether underrepresented 
minority student enrollment in courses related to science, technology, 
engineering, and mathematics increases at the secondary and 
postsecondary levels.''.
    (b) Eligibility for Grants.--Section 361 (20 U.S.C. 1067g) is 
amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) in paragraph (4)--
                    (A) by inserting ``to include public institutions 
                of higher education'' after ``organizations,'';
                    (B) in subparagraph (C), by inserting before the 
                semicolon the following: ``, the Department of Defense, 
                or the National Science Foundation'';
                    (C) by striking ``or'' at the end of subparagraph 
                (D);
                    (D) by striking the period at the end of 
                subparagraph (E) and inserting ``; or''; and
                    (E) by adding at the end the following new 
                subparagraph:
                    ``(F) institutions of higher education which have 
                State-approved centers for research in science, 
                technology, engineering, and mathematics; or''; and
            (3) by adding at the end the following new paragraph:
            ``(5) only with respect to grants under subpart 2, 
        partnerships of organizations, the membership of which shall 
        include--
                    ``(A) at least one institution of higher education 
                eligible for assistance under this title or title V;
                    ``(B) at least one high need local educational 
                agency (as defined in section 200); and
                    ``(C) at least two community organizations or 
                entities, such as businesses, professional 
                associations, community-based organizations, 
                philanthropic organizations, or State agencies.''.

SEC. 310. TECHNICAL ASSISTANCE.

    Section 391 (20 U.S.C. 1068) is amended by adding at the end the 
following new subsection:
    ``(e) Technical Assistance.--The Secretary, directly or by grant or 
contract, may provide technical assistance to eligible institutions to 
prepare the institutions to qualify, apply for, and maintain a grant, 
under this title.''.

SEC. 311. WAIVER AUTHORITY.

    (a) Section 392 (20 U.S.C. 1068a) is amended by adding at the end 
the following new subsection:
    ``(c) Waiver Authority With Respect to Institutions Located in an 
Area Affected by a Gulf Hurricane Disaster.--
            ``(1) Waiver authority.--Notwithstanding any other 
        provision of the law unless enacted with specific reference to 
        this section, for any affected institution that was receiving 
        assistance under this title at the time of a Gulf hurricane 
        disaster, the Secretary shall, for each of the fiscal years 
        2009 through 2013--
                    ``(A) waive--
                            ``(i) the eligibility data requirements set 
                        forth in section 391(d);
                            ``(ii) the wait-out period set forth in 
                        section 313(d);
                            ``(iii) the allotment requirements under 
                        section 324; and
                            ``(iv) the use of the funding formula 
                        developed pursuant to section 326(f)(3);
                    ``(B) waive or modify any statutory or regulatory 
                provision to ensure that affected institutions that 
                were receiving assistance under this title at the time 
                of a Gulf hurricane disaster are not adversely impacted 
                by any formula calculation for fiscal year 2009 or for 
                any of the 4 succeeding fiscal years; and
                    ``(C) make available to each affected institution 
                an amount that is not less than the amount made 
                available to such institution under this title for 
                fiscal year 2006.
            ``(2) Definitions.--In this subsection:
                    ``(A) Affected institution.--The term `affected 
                institution' means an institution of higher education 
                that--
                            ``(i) is--
                                    ``(I) a part A institution, as such 
                                term is defined in section 312(b);
                                    ``(II) an American Indian Tribal 
                                College or University, as such term is 
                                defined in section 316(b);
                                    ``(III) an Alaskan Native-serving 
                                institution or Native Hawaiian-serving 
                                institution, as such terms are defined 
                                in section 317(b); or
                                    ``(IV) a part B institution, as 
                                such term is defined in section 322(2), 
                                or as identified in section 326(e) of 
                                such Act of 1965 (20 U.S.C. 1063(b));
                            ``(ii) is located in an area affected by a 
                        Gulf hurricane disaster; and
                            ``(iii) is able to demonstrate that, as a 
                        result of the impact of a Gulf hurricane 
                        disaster, the institution--
                                    ``(I) incurred physical damage;
                                    ``(II) has pursued collateral 
                                source compensation from insurance, the 
                                Federal Emergency Management Agency, 
                                and the Small Business Administration, 
                                as appropriate; and
                                    ``(III) was not able to fully 
                                reopen in existing facilities or to 
                                fully reopen to the pre-hurricane 
                                enrollment levels during the 30-day 
                                period beginning on August 29, 2005.
                    ``(B) Area affected by a gulf hurricane disaster; 
                gulf hurricane disaster.--The terms `area affected by a 
                Gulf hurricane disaster' and `Gulf hurricane disaster' 
                have the meanings given such terms in section 209 of 
                the Higher Education Hurricane Relief Act of 2005 
                (Public Law 109-148, 119 Stat. 2809).''.

SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorizations.--Section 399(a) (20 U.S.C. 1068h(a)) is amended 
to read as follows:
    ``(a) Authorizations.--
            ``(1) Part a.--(A) There are authorized to be appropriated 
        to carry out part A, $150,000,000 (other than sections 316 
        through 320) for fiscal year 2009, and such sums as may be 
        necessary for each of the 4 succeeding fiscal years.
            ``(B) There are authorized to be appropriated to carry out 
        section 316, $30,000,000 for fiscal year 2009 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(C) There are authorized to be appropriated to carry out 
        section 317, $15,000,000 for fiscal year 2009 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(D) There are authorized to be appropriated to carry out 
        section 318, $75,000,000 for fiscal year 2009 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(E) There are authorized to be appropriated to carry out 
        section 319, $30,000,000 for fiscal year 2009 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(F) There are authorized to be appropriated to carry out 
        section 320, $25,000,000 for fiscal year 2009 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(2) Part b.--(A) There are authorized to be appropriated 
        to carry out part B (other than section 326), $500,000,000 for 
        fiscal year 2009, and such sums as may be necessary for each of 
        the 4 succeeding fiscal years.
            ``(B) There are authorized to be appropriated to carry out 
        section 326, $125,000,000 for fiscal year 2009, and such sums 
        as may be necessary for each of the 4 succeeding fiscal years.
            ``(3) Part c.--There are authorized to be appropriated to 
        carry out part C, $20,000,000 for fiscal year 2009, and such 
        sums as may be necessary for each of the 4 succeeding fiscal 
        years.
            ``(4) Part d.--(A) There are authorized to be appropriated 
        to carry out part D (other than section 345(7), but including 
        section 347), $150,000 for fiscal year 2009, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.
            ``(B) There are authorized to be appropriated to carry out 
        section 345(7), such sums as may be necessary for fiscal year 
        2009 and each of the 4 succeeding fiscal years.
            ``(5) Part e.--(A) There are authorized to be appropriated 
        to carry out subpart 1 of part E, $12,000,000 for fiscal year 
        2009 and such sums as may be necessary for each of the 4 
        succeeding fiscal years.
            ``(B) There are authorized to be appropriated to carry out 
        subpart 2 of part E, $10,000,000 for fiscal year 2009 and such 
        sums as may be necessary for each of the 4 succeeding fiscal 
        years.''.
    (b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is amended 
by adding at the end the following:
    ``(c) Minimum Grant Amount.--The minimum amount of a grant under 
this title shall be $200,000.''.

SEC. 313. TECHNICAL CORRECTIONS.

    (a) Amendments.--Title III (20 U.S.C. 1051 et seq.) is further 
amended--
            (1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by 
        striking ``,,'' and inserting ``,'';
            (2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting 
        ``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
            (3) in the matter preceding clause (i) of section 365(9)(A) 
        (20 U.S.C. 1067k(9)(A)), by striking ``support'' and inserting 
        ``supports'';
            (4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by 
        striking ``subparagraph (E)'' and inserting ``subparagraph 
        (D)'';
            (5) in the matter preceding subparagraph (A) of section 
        392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible 
        institutions under part A institutions'' and inserting 
        ``eligible institutions under part A''; and
            (6) in the matter preceding paragraph (1) of section 396 
        (20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
    (b) Redesignation and Relocation.--The Higher Education Act of 1965 
is further amended--
            (1) by redesignating part J of title IV (as added by 
        section 802 of the College Cost Reduction and Access Act) as 
        part G of title III, and moving such part from the end of title 
        IV to the end of title III; and
            (2) by redesignating section 499A (as added by such 
        section) as section 399A.

                     TITLE IV--TITLE IV AMENDMENTS

                       PART A--PART A AMENDMENTS

SEC. 401. FEDERAL PELL GRANTS.

    (a) Authorized Maximums.--Section 401(b)(2)(A) (20 U.S.C. 
1070a(b)(2)(A)) is amended to read as follows:
    ``(2)(A) The amount of the Federal Pell Grant for a student 
eligible under this part shall be $9,000 for each of the academic years 
2009-2010 through 2013-2014, less an amount equal to the amount 
determined to be the expected family contribution with respect to that 
student for that year.''.
    (b) Multiple Grants.--
            (1) Amendment.--Paragraph (5) of section 401(b) is amended 
        to read as follows:
            ``(5) Year-round pell grants.--The Secretary shall, for 
        students enrolled in a baccalaureate degree, associate's 
        degree, or certificate program of study at an eligible 
        institution, award such students not more than two Pell grants 
        during an award year to permit such students to accelerate 
        progress toward their degree or certificate objectives by 
        enrolling in courses for more than 2 semesters, or 3 quarters, 
        or the equivalent, in a given academic year.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective July 1, 2009.
    (c) Ineligibility Based on Involuntary Civil Commitment for Sexual 
Offenses.--Paragraph (7) of section 401(b) (as redesignated by section 
101(a) of the College Cost Reduction and Access Act) is amended 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)''.
    (d) Technical Amendments to CCRAA.--Section 401(b)(9) is amended--
            (1) 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
            (2) 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.''.
    (e) Maximum Duration of Eligibility.--Section 401(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 the equivalent of 18 semesters or 27 quarters 
in duration, as determined by the Secretary by regulation. Such 
regulations shall provide, with respect to a student who received a 
Federal Pell Grant for a semester or quarter but was enrolled at a 
fraction of full-time, that only that same fraction of such semester or 
quarter 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.''.
    (f) Calculation of Federal Pell Grant Eligibility.--
            (1) Amendment.--Section 401(f) of the Higher Education Act 
        of 1965 (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 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 18 years or less, 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.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to Federal Pell Grants awarded for 
        academic year 2009-2010, and each succeeding academic year.
    (g) Academic Competitiveness Grants.--Section 401A (as amended by 
section 8003 of Public Law 109-171)--
            (1) in subsection (b), by striking ``academic'' each place 
        it appears;
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``academic'' and inserting 
                        ``award''; and
                            (ii) by striking ``full-time''; and
                    (B) by amending paragraph (1) to read as follows:
            ``(1) is an eligible student under section 484, including 
        being enrolled or accepted for enrollment in a degree, 
        certificate, or other eligible program leading to a recognized 
        educational credential at an institution of higher 
        education;''; and
                    (C) in paragraph (3)--
                            (i) by striking ``academic'' each place it 
                        appears;
                            (ii) by striking ``established by a State 
                        or local educational agency and recognized as 
                        such by the Secretary'' each place it appears 
                        in subparagraphs (A)(i) and (B)(i) and 
                        inserting ``that prepares students for college 
                        and work beyond the basic graduation 
                        requirements and that is recognized as such by 
                        the designated State official, or with respect 
                        to any private school or home school, the 
                        designated school official for such school, 
                        consistent with State law'';
                            (iii) in subparagraph (A)(ii), by inserting 
                        ``, except as part of a secondary school 
                        program of study'' before the semicolon;
                            (iv) in subparagraph (C)--
                                    (I) by striking clause (i)(II) and 
                                inserting the following:
                                    ``(II) a critical foreign language; 
                                and''; and
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                            (v) by adding at the end the following:
                    ``(D) the third or fourth year of a program of 
                undergraduate education at an institution of higher 
                education (as defined in section 101(a)) that 
                demonstrates, to the satisfaction of the Secretary, 
                that the institution--
                            ``(i) offers a single liberal arts 
                        curriculum leading to a baccalaureate degree, 
                        under which students are not permitted by the 
                        institution to declare a major in a particular 
                        subject area, and those students--
                                    ``(I) study, in such years, a 
                                subject described in subparagraph 
                                (C)(i) that is at least equal to the 
                                requirements for an academic major at 
                                an institution of higher education that 
                                offers a baccalaureate degree in such 
                                subject, as certified by an appropriate 
                                official from the institution; or
                                    ``(II) has obtained a cumulative 
                                grade point average of at least 3.0 (or 
                                the equivalent as determined under 
                                regulations prescribed by the 
                                Secretary) in the relevant coursework; 
                                and
                            ``(ii) offered such curriculum prior to 
                        February 8, 2006.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by inserting ``for one 
                        academic year during the student's first year 
                        of enrollment'' after ``$750'';
                            (ii) in clause (ii), by inserting ``for one 
                        academic year during the student's second year 
                        of enrollment'' after ``$1,300''; and
                            (iii) in clause (iii)--
                                    (I) by inserting ``for one academic 
                                year'' after ``$4,000''; and
                                    (II) by striking ``subsection 
                                (c)(3)(C).'' and inserting 
                                ``subparagraph (C) or (D) of subsection 
                                (c)(3), for each of the 2 years 
                                described in such subparagraphs; or'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``an academic'' and 
                                inserting ``a''; and
                                    (II) by striking ``(B), or (C)'' 
                                and inserting ``(B), (C), or (D)''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or'' at the end 
                                of clause (ii); and
                                    (II) by striking clause (iii) and 
                                inserting the following:
                            ``(iii) two academic years under subsection 
                        (c)(3)(C); or
                            ``(iv) two academic years under subsection 
                        (c)(3)(D).''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Adjustment for less than full-time enrollment.--A 
        grant awarded under this section to an eligible student who 
        attends an eligible institution on a less than full-time (but 
        at least half-time or more) basis shall be reduced in the same 
        proportion as would a Federal Pell Grant pursuant to section 
        401(b)(2)(B).''; and
            (4) in subsection (g), by striking ``academic'' and 
        inserting ``award''.

SEC. 402. FEDERAL TRIO PROGRAMS.

    (a) Program Authority; Authorization of Appropriations.--Section 
402A (20 U.S.C. 1070a-11) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``community-based 
                        organizations with experience in serving 
                        disadvantaged youth'' after ``private agencies 
                        and organizations''; and
                            (ii) by striking ``in exceptional 
                        circumstances,'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``4'' and inserting ``5''; and
                            (ii) by amending subparagraph (A) to read 
                        as follows:
                    ``(A) to synchronize the awarding of grants for 
                programs under this chapter, the Secretary may, under 
                such terms as are consistent with the purposes of this 
                chapter, provide a one-time, limited extension of the 
                length of such an award;''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Minimum grants.--Unless the institution or agency 
        requests a smaller amount, an individual grant authorized under 
        this chapter shall be awarded in an amount that is not less 
        than $200,000, except that an individual grant authorized under 
        section 402G shall be awarded in an amount that is not less 
        than $170,000.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``(2) prior experience.--
                        In'' and inserting the following:
            ``(2) Considerations.--(A) Prior experience.--In'';
                            (ii) by striking ``service delivery'' and 
                        inserting ``high quality service delivery, as 
                        determined under subsection (f),''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(B) Participant need.--In making grants under this 
        chapter, the Secretary shall consider the number, percentages, 
        and needs of eligible participants in the area, college, or 
        school or schools to be served to aid such participants in 
        preparing for, enrolling in, or succeeding in college, as 
        appropriate to the particular program for which the eligible 
        entity is applying.'';
                    (B) in paragraph (3)(B), by striking ``is not 
                required to'' and inserting ``shall not'';
                    (C) in paragraph (5), by striking ``campuses'' and 
                inserting ``different campuses''; and
                    (D) in paragraph (6), by adding at the end the 
                following new sentence: ``The Secretary shall require 
                each applicant for funds under the programs authorized 
                by this chapter to identify services to foster care 
                youth (including youth in foster care and youth who 
                have left foster care after reaching age 16) as a 
                permissible service in those programs, and to ensure 
                that such youth receive supportive services, including 
                mentoring, tutoring, and other services provided by 
                those programs.'';
            (3) in subsection (e)--
                    (A) by striking ``(g)(2)'' each place it appears 
                and inserting ``(h)(4)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3) Notwithstanding this subsection and subsection (i)(4), 
individuals who are homeless or unaccompanied youth as defined in 
section 725 of the McKinney-Vento Homeless Assistance Act shall be 
eligible to participate in programs under sections 402B, 402C, 402D, 
and 402F of this chapter.'';
            (4) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively;
            (5) by inserting after subsection (e) the following:
    ``(f) Outcome Criteria.--
            ``(1) Use for prior experience determination.--The 
        Secretary shall use the outcome criteria described in 
        paragraphs (2) and (3) to evaluate the programs provided by a 
        recipient of a grant under this chapter, and the Secretary 
        shall determine an eligible entity's prior experience of high 
        quality service delivery, as required under subsection (c)(2), 
        based on the outcome criteria.
            ``(2) Disaggregation of relevant data.--The outcome 
        criteria under this subsection shall be disaggregated by low-
        income students, first generation college students, and 
        individuals with disabilities, in the schools and institutions 
        of higher education served by the program to be evaluated.
            ``(3) Contents of outcome criteria.--The outcome criteria 
        under this subsection shall measure, annually and for longer 
        periods, the quality and effectiveness of programs authorized 
        under this chapter and shall include the following:
                    ``(A) For programs authorized under section 402B, 
                the extent to which the eligible entity met or exceeded 
                the entity's objectives established in the entity's 
                application for such program regarding--
                            ``(i) the delivery of service to a total 
                        number of students served by the program;
                            ``(ii) the continued secondary school 
                        enrollment of such students;
                            ``(iii) the graduation of such students 
                        from secondary school;
                            ``(iv) the completion by such students of a 
                        rigorous secondary school program of study that 
                        will make them eligible for programs such as 
                        the Academic Competitiveness Grants; and
                            ``(v) the enrollment of such students in an 
                        institution of higher education.
                    ``(B) For programs authorized under section 402C, 
                the extent to which the eligible entity met or exceeded 
                the entity's objectives for such program regarding--
                            ``(i) the delivery of service to a total 
                        number of students served by the program, as 
                        agreed upon by the entity and the Secretary for 
                        the period;
                            ``(ii) such students' school performance, 
                        as measured by the grade point average, or its 
                        equivalent;
                            ``(iii) such students' academic 
                        performance, as measured by standardized tests, 
                        including tests required by the students' 
                        State;
                            ``(iv) the retention in, and graduation 
                        from, secondary school of such students;
                            ``(v) the completion by such students of a 
                        rigorous secondary school program of study that 
                        will make them eligible for programs such as 
                        the Academic Competitiveness Grants; and
                            ``(vi) the enrollment of such students in 
                        an institution of higher education.
                    ``(C) For programs authorized under section 402D--
                            ``(i) the extent to which the eligible 
                        entity met or exceeded the entity's objectives 
                        regarding the retention in postsecondary 
                        education of the students served by the 
                        program;
                            ``(ii)(I) in the case of an entity that is 
                        an institution of higher education offering a 
                        baccalaureate degree, the extent to which the 
                        percentage of students served by the program 
                        who completed degree programs met or exceeded 
                        the entity's objectives; or
                            ``(II) in the case of an entity that is an 
                        institution of higher education that does not 
                        offer a baccalaureate degree, the extent to 
                        which the students served by the entity met or 
                        exceeded s objectives regarding--
                                    ``(aa) the completion of a degree 
                                or certificate; and
                                    ``(bb) the transfer to institutions 
                                of higher education that offer 
                                baccalaureate degrees;
                            ``(iii) the extent to which the entity met 
                        or exceeded the entity's objectives regarding 
                        the delivery of service to a total number of 
                        students, as agreed upon by the entity and the 
                        Secretary for the period; and
                            ``(iv) the extent to which the entity met 
                        or exceeded the entity's objectives regarding 
                        such students remaining in good academic 
                        standing.
                    ``(D) For programs authorized under section 402E, 
                the extent to which the entity met or exceeded the 
                entity's objectives for such program regarding--
                            ``(i) the delivery of service to a total 
                        number of students, as agreed upon by the 
                        entity and the Secretary for the period;
                            ``(ii) the provision of appropriate 
                        scholarly and research activities for the 
                        students served by the program;
                            ``(iii) the acceptance and enrollment of 
                        such students in graduate programs; and
                            ``(iv) the continued enrollment of such 
                        students in graduate study and the attainment 
                        of doctoral degrees by former program 
                        participants.
                    ``(E) For programs authorized under section 402F, 
                the extent to which the entity met or exceeded the 
                entity's objectives for such program regarding--
                            ``(i) the enrollment of students without a 
                        secondary school diploma or its recognized 
                        equivalent, who were served by the program, in 
                        programs leading to such diploma or equivalent;
                            ``(ii) the enrollment of secondary school 
                        graduates who were served by the program in 
                        programs of postsecondary education;
                            ``(iii) the delivery of service to a total 
                        number of students, as agreed upon by the 
                        entity and the Secretary for the period; and
                            ``(iv) the provision of assistance to 
                        students served by the program in completing 
                        financial aid applications and college 
                        admission applications.
            ``(4) Measurement of progress.--In order to determine the 
        extent to which an outcome criterion described in paragraph (2) 
        or (3) is met or exceeded, the Secretary shall compare the 
        agreed upon target for the criterion, as established in the 
        eligible entity's application approved for funding by the 
        Secretary, with the results for the criterion, measured as of 
        the last day of the applicable time period for the 
        determination for each outcome criteria.
            ``(5) Appeals.--(A) Upon a determination by the Secretary 
        not to accept an application, or upon a determination by the 
        Secretary through the peer review process as specified in 
        subsection (c)(4) not to fund an application, for any program 
        under this chapter, the Secretary shall allow such applicant to 
        appeal the funding decision. An applicant may submit a written 
        request for reconsideration of the application, with 
        appropriate documentary evidence, to the Secretary.
            ``(B) For appeals regarding the awarding of points for 
        prior experience of high quality service delivery or a decision 
        not to read an application or any mishandling of such 
        application, a panel of three Department employees appointed by 
        the Secretary shall review each request for reconsideration. 
        The panel shall review the request for the purpose of 
        identifying any technical errors or administrative problems 
        with the scoring of the application, the awarding of prior 
        experience points, or the handling of the application, 
        including any decision not to read an application. The panel 
        shall make its recommendations to the Secretary in writing.
            ``(C) For appeals regarding scoring decisions by the peer 
        review panel, the Secretary shall refer the application to a 
        second peer review panel.
            ``(D) In each instance, after the Secretary or the 
        Secretary's designee considers the recommendations of the panel 
        and makes a final decision, the Secretary shall notify each 
        entity requesting reconsideration under this paragraph 
        regarding the status of their appeal within 90 days after the 
        date the applicant submitted the appeal.'';
            (6) in subsection (g) (as redesignated by paragraph (4))--
                    (A) in the first sentence, by striking 
                ``$700,000,000 for fiscal year 1999'' and all that 
                follows through the period and inserting ``$950,000,000 
                for fiscal year 2009 and such sums for each of the 4 
                succeeding fiscal years.''; and
                    (B) by striking the fourth sentence; and
            (7) in subsection (h) (as redesignated by paragraph (4))--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (3) through (6), respectively;
                    (B) by inserting before paragraph (3) (as 
                redesignated by subparagraph (A)) the following:
            ``(1) Different campus.--The term `different campus' means 
        a site of an institution of higher education that--
                    ``(A) is geographically apart from the main campus 
                of the institution;
                    ``(B) is permanent in nature; and
                    ``(C) offers courses in educational programs 
                leading to a degree, certificate, or other recognized 
                educational credential.
            ``(2) Different population.--The term `different 
        population' means a group of individuals that an eligible 
        entity desires to serve through an application for a grant 
        under this chapter, and that--
                    ``(A) is separate and distinct from any other 
                population that the entity has applied for a grant 
                under this chapter to serve; or
                    ``(B) while sharing some of the same needs as 
                another population that the eligible entity has applied 
                for a grant under this chapter to serve, has distinct 
                needs for specialized services.'';
                    (C) in paragraph (5) (as redesignated by 
                subparagraph (A))--
                            (i) in subparagraph (A)--
                                    (I) by striking ``, any part of 
                                which occurred after January 31, 
                                1955,''; and
                                    (II) by striking ``or'' after the 
                                semicolon;
                            (ii) in subparagraph (B)--
                                    (I) by striking ``after January 31, 
                                1955,''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(C) was a member of a reserve component of the 
                Armed forces called to active duty for a period of more 
                than 180 days; or
                    ``(D) was a member of a reserve component of the 
                Armed Forces who served on active duty in support of a 
                contingency operation (as that term is defined in 
                section 101(a)(13) of title 10, United States Code) on 
                or after September 11, 2001.''; and
                    (D) in paragraph (6), by striking ``subparagraph 
                (A) or (B) of paragraph (3)'' and inserting 
                ``subparagraph (A), (B), or (C) of paragraph (5)''.
    (b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-12(b)(10)) 
is amended by inserting ``, groups of persons from disadvantaged 
backgrounds that have particular lower educational access or outcomes, 
or disconnected students'' after ``limited English proficiency''.
    (c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is amended--
            (1) in subsection (b)(11), by inserting ``, including 
        mathematics and science preparation,'' after ``special 
        services'';
            (2) in subsection (b)(12), by inserting ``, groups of 
        persons from disadvantaged backgrounds that have particular 
        lower educational access or outcomes, or disconnected 
        students'' after ``limited English proficiency''; and
            (3) by adding at the end the following:
    ``(f) Absolute Priority Prohibited in Upward Bound Program.--Upon 
enactment of this subsection and except as otherwise expressly provided 
by amendment to this section, the Secretary shall not continue 
implement or enforce the absolute priority for Upward Bound Program 
published by the Department of Education in the Federal Register on 
September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall 
not be applied retroactively. In implementing this subsection, the 
Department shall allow the programs and participants chosen in the 
grant cycle to which the priority applies to continue their grants and 
participation without a further recompetition. The entities shall not 
be required to apply the absolute priority conditions or restrictions 
to future participants.''.
    (d) Student Support Services.--Section 402D(b)(10) (20 U.S.C. 
1070a-14(b)(10)) is amended by inserting ``, groups of persons from 
disadvantaged backgrounds that have particular lower educational access 
or outcomes, or disconnected students'' after ``limited English 
proficiency''.
    (e) Amendment to Postbaccalaureate Achievement Program.--Section 
402E(c)(2) (20 U.S.C. 1070a-15(c)(2)) is amended by inserting ``, 
including Native Hawaiians, as defined section 317(b)(3), and Pacific 
Islanders'' after ``graduate education''.
    (f) Educational Opportunity Centers.--Section 402F(b)(10) (20 
U.S.C. 1070a-16(b)(10)) is amended by inserting ``, groups of persons 
from disadvantaged backgrounds that have particular lower educational 
access or outcomes, or disconnected students'' after ``limited English 
proficiency''.
    (g) Staff Development Activities.--Section 402G(b) (20 U.S.C. 
1070a-17(b)) is amended by adding at the end the following new 
paragraph:
            ``(5) Strategies for recruiting and serving hard-to-reach 
        populations, including students of limited English proficiency, 
        groups of persons from disadvantaged backgrounds that have 
        particular lower educational access or outcomes, disconnected 
        students, and students with disabilities.''.
    (h) Reports, Evaluations, and Grants for Project Improvement and 
Dissemination.--Section 402H (20 U.S.C. 1070a-18) is amended--
            (1) by striking the section heading and inserting 
        ``reports, evaluations, and grants for project improvement and 
        dissemination.'';
            (2) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively;
            (3) by inserting before subsection (b) (as redesignated by 
        paragraph (2)) the following:
    ``(a) Reports to the Authorizing Committees.--The Secretary shall 
submit annually to the authorizing committees a report that documents 
the performance of all programs funded under this chapter. The report 
shall--
            ``(1) be submitted not later than 24 months after the 
        eligible entities receiving funds under this chapter are 
        required to report their performance to the Secretary;
            ``(2) focus on the programs' performance on the relevant 
        outcome criteria determined under section 402A(f)(4);
            ``(3) aggregate individual project performance data on the 
        outcome criteria in order to provide national performance data 
        for each program;
            ``(4) include, when appropriate, descriptive data, multi-
        year data, and multi-cohort data; and
            ``(5) include comparable data on the performance nationally 
        of low-income students, first-generation students, and students 
        with disabilities.''; and
            (4) in subsection (b) (as redesignated by paragraph (2)), 
        by striking paragraph (2) and inserting the following:
            ``(2) Practices.--
                    ``(A) In general.--The evaluations described in 
                paragraph (1) shall identify institutional, community, 
                and program or project practices that are particularly 
                effective in--
                            ``(i) enhancing the access of low-income 
                        individuals and first-generation college 
                        students to postsecondary education;
                            ``(ii) the preparation of the individuals 
                        and students for postsecondary education; and
                            ``(iii) fostering the success of the 
                        individuals and students in postsecondary 
                        education.
                    ``(B) Primary purpose.--Any evaluation conducted 
                under this chapter shall have as its primary purpose 
                the identification of particular practices that further 
                the achievement of the outcome criteria determined 
                under section 402A(f)(4).
                    ``(C) Dissemination and use of evaluation 
                findings.--The Secretary shall disseminate to eligible 
                entities and make available to the public the practices 
                identified under subparagraph (B). Such practices may 
                be used by eligible entities that receive assistance 
                under this chapter after the dissemination.
            ``(3) Recruitment.--The Secretary shall not require an 
        eligible entity desiring to receive assistance under this 
        chapter to recruit students to serve as a control group for 
        purposes of evaluating any program or project assisted under 
        this chapter.
            ``(4) Consideration.--When designing an evaluation under 
        this subsection, the Secretary shall consider--
                    ``(A) the burden placed upon the program 
                participants or the eligible entity; and
                    ``(B) approval by the institution's institutional 
                review board.''.

SEC. 403. GEARUP AMENDMENTS.

    (a) Eligible Students.--Section 404A(a) (20 U.S.C. 1070a-21(a)) is 
amended--
            (1) in paragraph (1), by inserting ``, including students 
        with disabilities,'' after ``low-income students''; and
            (2) in paragraph (2)(A), by inserting ``, including 
        students with disabilities,'' after ``secondary school 
        students''.
    (b) Award Period; Priority.--Section 404A(b) (20 U.S.C. 1070a-
21(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Award period.--The Secretary may award a grant under 
        this chapter to an eligible entity described in paragraphs (1) 
        and (2) of subsection (c) for 7 years.
            ``(3) Priority.--In making awards to eligible entities 
        described in subsection (c)(1), the Secretary shall--
                    ``(A) give priority to eligible entities that--
                            ``(i) on the day before the date of 
                        enactment of the College Opportunity and 
                        Affordability Act of 2008, carried out 
                        successful educational opportunity programs 
                        under this chapter (as this chapter was in 
                        effect on such day); and
                            ``(ii) have a prior, demonstrated 
                        commitment to early intervention leading to 
                        college access through collaboration and 
                        replication of successful strategies; and
                    ``(B) ensure that students served under this 
                chapter on the day before the date of enactment of the 
                College Opportunity and Affordability Act of 2008 
                continue to receive assistance through the completion 
                of secondary school.''.
    (c) Requirements: Continuity of Services.--
            (1) Cohort approach.--Section 404B(g)(1) (20 U.S.C. 1070a-
        22(g)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) in subparagraph (B)--
                            (i) by inserting ``and provide the option 
                        of continued services through the student's 
                        first year of attendance at an institution of 
                        higher education'' after ``grade level''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) provide services under this chapter to 
                students who have received services under a previous 
                GEAR UP grant award but have not yet completed the 12th 
                grade.''.
            (2) Early intervention.--Section 404D (20 U.S.C. 1070a-24) 
        is amended--
                    (A) in subsection (a)(1)(B)--
                            (i) by striking ``and'' at the end of 
                        clause (ii);
                            (ii) by striking the period at the end of 
                        clause (iii) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iv) the transition to college or 
                        postsecondary education through continuity of 
                        services to support students in and through the 
                        first year of attendance at an institution of 
                        higher education.'';
                    (B) in subsection (b)(2)(A)--
                            (i) by inserting ``and students in the 
                        first year of attendance at an institution of 
                        higher education'' after ``grade 12'';
                            (ii) by striking ``and'' at the end of 
                        clause (i);
                            (iii) by striking the period at the end of 
                        clause (ii) and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        clause:
                            ``(iii) may include special programs or 
                        tutoring in science, technology, engineering, 
                        or mathematics.''; and
                    (C) in subsection (c)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``grade 12 who is eligible'' and 
                        inserting ``grade 12, and may consider a 
                        student in the first year of attendance at an 
                        institution, who is'';
                            (ii) in paragraph (1), by inserting 
                        ``eligible'' before ``to be counted'';
                            (iii) in paragraph (2), by inserting 
                        ``eligible'' before ``for free'', and by 
                        striking ``or'';
                            (iv) in paragraph (3), by inserting 
                        ``eligible'' before ``for assistance'', and by 
                        striking the period and inserting ``; or''; and
                            (v) by adding at the end the following new 
                        paragraph:
            ``(4) a disconnected student.''.
    (d) Flexibility in Meeting Matching Requirements.--Section 404C (20 
U.S.C. 1070a-23) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by inserting ``and accrued 
                over the full duration of the grant award period'' 
                after ``in cash or in kind'';
                    (B) in paragraph (2), by adding at the end the 
                following new sentence: ``Eligible entities may request 
                a reduced match percentage at the time of application 
                or by petition subsequent to a grant award, provided 
                that an eligible entity can demonstrate a change in 
                circumstances that was unknown at the time of 
                application.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Additional special rule.--To encourage eligible 
        entities described in 404A(c) to provide students under this 
        chapter with financial assistance for postsecondary education, 
        each dollar of non-Federal funds obligated under subsection 
        (c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of 
        this subsection, be treated as 2 dollars.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``paid to 
                students from State, local, institutional, or private 
                funds under this chapter'' and inserting ``obligated to 
                students from State, local, institutional, or private 
                funds under this chapter, including pre-existing , non-
                Federal financial assistance programs'';
                    (B) by striking ``and'' at the end of paragraph 
                (2);
                    (C) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) other resources recognized by the Secretary, 
        including equipment and supplies, cash contribution from non-
        Federal sources, transportation expenses, in-kind or discounted 
        program services, indirect costs, and facility usage.''.
    (e) Early Intervention.--Section 404D (20 U.S.C. 1070a-24) is 
amended--
            (1) in subsection (b)(2)(A)(ii), by striking ``and academic 
        counseling'' and inserting ``, academic counseling, and 
        financial literacy and economic literacy education or 
        counseling'';
            (2) in subsection (b)(2), by adding at the end the 
        following new subparagraphs:
                    ``(F) Fostering and improving parent and family 
                involvement in elementary and secondary education by 
                promoting the advantages of a college education, and 
                emphasizing academic admission requirements and the 
                need to take college preparation courses, through 
                parent engagement and leadership activities.
                    ``(G) Engaging entities described in section 
                404A(c)(2)(C) in a collaborative manner to provide 
                matching resources and participate in other activities 
                authorized under this section.
                    ``(H) Disseminating information that promotes the 
                importance of higher education, explains college 
                preparation and admission requirements, and raises 
                awareness of the resources and services provided by the 
                eligible entities described in section 404A(c) to 
                eligible students, their families, and communities.''; 
                and
            (3) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(3) Additional permissible activities for states.--In 
        meeting the requirements of subsection (a), an eligible entity 
        described in section 404A(c) (1) receiving funds under this 
        chapter may, in addition to the activities authorized by 
        paragraph (2) of this subsection, use funds to provide 
        technical assistance to--
                    ``(A) middle schools or secondary schools that are 
                located within the State; or
                    ``(B) partnerships described in section 404A(c)(2) 
                that are located within the State.''.
    (f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C. 1070a-25) 
is amended by striking ``the maximum Federal Pell Grant'' and inserting 
``the minimum Federal Pell Grant''.
    (g) Authorization of Appropriations.--Section 404H (20 U.S.C. 
1070a-31) is amended by striking ``$200,000,000 for fiscal year 1999 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years'' and inserting ``$400,000,000 for fiscal year 2009 and such sums 
as may be necessary for each of the 4 succeeding fiscal years''.

SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.

    Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a-31 et 
seq.) is repealed.

SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.

    (a) Authorization of Appropriations.--Section 413A(b)(1) (20 U.S.C. 
1070b(b)(1)) is amended by striking ``$675,000,000 for fiscal year 
1999'' and inserting ``$875,000,000 for fiscal year 2009''.
    (b) Allowance for Books and Supplies.--Section 413D(c)(3)(D) (20 
U.S.C. 1070b-3(c)(3)(D)) is amended by striking ``$450'' and inserting 
``$600''.

SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE.

    (a) Authorization of Appropriations.--Section 415A(b) (20 U.S.C. 
1070c(b)) is amended by striking paragraphs (1) and (2) and inserting 
the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this subpart $200,000,000 for fiscal year 2009 and 
        such sums as may be necessary for each of the 4 succeeding 
        fiscal years.
            ``(2) Reservation.--For any fiscal year for which the 
        amount appropriated under paragraph (1) exceeds $30,000,000, 
        the excess amount shall be available to carry out section 
        415E.''.
    (b) Applications for Leveraging Educational Assistance Partnership 
Programs.--Section 415C(b) (20 U.S.C. 1070c-2(b)) is amended--
            (1) in paragraph (2), by striking ``$5,000'' and inserting 
        ``$12,500'';
            (2) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (10), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(11) provides notification to eligible students that such 
        grants are--
                    ``(A) Leveraging Educational Assistance Partnership 
                Grants; and
                    ``(B) funded by the Federal Government and the 
                State.''.
    (c) Grants for Access and Persistence.--Section 415E (20 U.S.C. 
1070c-3a) is amended to read as follows:

``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.

    ``(a) Purpose.--It is the purpose of this section to expand college 
access and increase college persistence by making allotments to States 
to enable the States to--
            ``(1) expand and enhance partnerships with institutions of 
        higher education, early information and intervention, 
        mentoring, or outreach programs, private corporations, 
        philanthropic organizations, and other interested parties to 
        carry out activities under this section and to provide 
        coordination and cohesion among Federal, State, and local 
        governmental and private efforts that provide financial 
        assistance to help low-income students attend college;
            ``(2) provide need-based access and persistence grants to 
        eligible low-income students;
            ``(3) provide early notification to low-income students of 
        their eligibility for financial aid; and
            ``(4) encourage increased participation in early 
        information and intervention, mentoring, or outreach programs.
    ``(b) Allotments to States.--
            ``(1) In general.--
                    ``(A) Authorization.--From sums reserved under 
                section 415A(b)(2) for each fiscal year, the Secretary 
                shall make an allotment to each State that submits an 
                application for an allotment in accordance with 
                subsection (c) to enable the State to pay the Federal 
                share of the cost of carrying out the activities under 
                subsection (d).
                    ``(B) Determination of allotment.--In making 
                allotments under subparagraph (A), the Secretary shall 
                consider the following:
                            ``(i) Continuation of award.--If a State 
                        continues to meet the specifications 
                        established in its application under subsection 
                        (c), the Secretary shall make an allotment to 
                        such State that is not less than the allotment 
                        made to such State for the previous fiscal 
                        year.
                            ``(ii) Priority.--The Secretary shall give 
                        priority in making allotments to States that 
                        meet the requirements under paragraph 
                        (2)(B)(ii).
            ``(2) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                carrying out the activities under subsection (d) for 
                any fiscal year shall not exceed 66.66 percent.
                    ``(B) Different percentages.--The Federal share 
                under this section shall be determined in accordance 
                with the following:
                            ``(i) The Federal share of the cost of 
                        carrying out the activities under subsection 
                        (d) shall be equal to 57 percent if a State 
                        applies for an allotment under this section in 
                        partnership with any number of degree-granting 
                        institutions of higher education in the State 
                        whose combined full-time enrollment represents 
                        less than a majority of all students attending 
                        institutions of higher education in the State, 
                        and--
                                    ``(I) philanthropic organizations 
                                that are located in, or that provide 
                                funding in, the State; or
                                    ``(II) private corporations that 
                                are located in, or that do business in, 
                                the State.
                            ``(ii) The Federal share of the cost of 
                        carrying out the activities under subsection 
                        (d) shall be equal to 66.66 percent if a State 
                        applies for an allotment under this section in 
                        partnership with any number of degree-granting 
                        institutions of higher education in the State 
                        whose combined full-time enrollment represents 
                        a majority of all students attending 
                        institutions of higher education in the State, 
                        and--
                                    ``(I) philanthropic organizations 
                                that are located in, or that provide 
                                funding in, the State; or
                                    ``(II) private corporations that 
                                are located in, or that do business in, 
                                the State.
                    ``(C) Non-federal share.--
                            ``(i) In general.--The non-Federal share 
                        under this section may be provided in cash or 
                        in kind, fairly evaluated.
                            ``(ii) In kind contribution.--For the 
                        purpose of calculating the non-Federal share 
                        under this subparagraph, an in kind 
                        contribution is a non-cash contribution that--
                                    ``(I) has monetary value, such as 
                                the provision of--
                                            ``(aa) room and board; or
                                            ``(bb) transportation 
                                        passes; and
                                    ``(II) helps a student meet the 
                                cost of attendance at an institution of 
                                higher education.
                            ``(iii) Effect on needs analysis.--For the 
                        purpose of calculating a student's need in 
                        accordance with part F, an in kind contribution 
                        described in clause (ii) shall not be 
                        considered an asset or income of the student or 
                        the student's parent.
    ``(c) Application for Allotment.--
            ``(1) In general.--
                    ``(A) Submission.--A State that desires to receive 
                an allotment under this section shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    ``(B) Content.--An application submitted under 
                subparagraph (A) shall include the following:
                            ``(i) A description of the State's plan for 
                        using the allotted funds.
                            ``(ii) Assurances that the State will 
                        provide matching funds, in cash or in kind, 
                        from State, institutional, philanthropic, or 
                        private funds, of not less than 33.33 percent 
                        of the cost of carrying out the activities 
                        under subsection (d). The State shall specify 
                        the methods by which matching funds will be 
                        paid. A State that uses non-Federal funds to 
                        create or expand existing partnerships with 
                        nonprofit organizations or community-based 
                        organizations in which such organizations match 
                        State funds for student scholarships, may apply 
                        such matching funds from such organizations 
                        toward fulfilling the State's matching 
                        obligation under this clause.
                            ``(iii) Assurances that early information 
                        and intervention, mentoring, or outreach 
                        programs exist within the State or that there 
                        is a plan to make such programs widely 
                        available.
                            ``(iv) A description of the organizational 
                        structure that the State has in place to 
                        administer the activities under subsection (d).
                            ``(v) A description of the steps the State 
                        will take to ensure students who receive grants 
                        under this section persist to degree 
                        completion.
                            ``(vi) Assurances that the State has a 
                        method in place, such as acceptance of the 
                        automatic zero expected family contribution 
                        determination described in section 479(c), to 
                        identify eligible low-income students and award 
                        State grant aid to such students.
                            ``(vii) Assurances that the State will 
                        provide notification to eligible low-income 
                        students that grants under this section are--
                                    ``(I) Leveraging Educational 
                                Assistance Partnership Grants; and
                                    ``(II) funded by the Federal 
                                Government and the State.
            ``(2) State agency.--The State agency that submits an 
        application for a State under section 415C(a) shall be the same 
        State agency that submits an application under paragraph (1) 
        for such State.
            ``(3) Partnership.--In applying for an allotment under this 
        section, the State agency shall apply for the allotment in 
        partnership with--
                    ``(A) not less than one public and one private 
                degree-granting institution of higher education that 
                are located in the State;
                    ``(B) new or existing early information and 
                intervention, mentoring, or outreach programs located 
                in the State; and
                    ``(C) not less than one--
                            ``(i) philanthropic organization located 
                        in, or that provides funding in, the State; or
                            ``(ii) private corporation located in, or 
                        that does business in, the State.
            ``(4) Roles of partners.--
                    ``(A) State agency.--A State agency that is in a 
                partnership receiving an allotment under this section--
                            ``(i) shall--
                                    ``(I) serve as the primary 
                                administrative unit for the 
                                partnership;
                                    ``(II) provide or coordinate 
                                matching funds, and coordinate 
                                activities among partners;
                                    ``(III) encourage each institution 
                                of higher education in the State to 
                                participate in the partnership;
                                    ``(IV) make determinations and 
                                early notifications of assistance as 
                                described under subsection (d)(2); and
                                    ``(V) annually report to the 
                                Secretary on the partnership's progress 
                                in meeting the purpose of this section; 
                                and
                            ``(ii) may provide early information and 
                        intervention, mentoring, or outreach programs.
                    ``(B) Degree-granting institutions of higher 
                education.--A degree-granting institution of higher 
                education (as defined in section 102) that is in a 
                partnership receiving an allotment under this section--
                            ``(i) shall--
                                    ``(I) recruit and admit 
                                participating qualified students and 
                                provide such additional institutional 
                                grant aid to participating students as 
                                agreed to with the State agency;
                                    ``(II) provide support services to 
                                students who receive an access and 
                                persistence grant under this section 
                                and are enrolled at such institution; 
                                and
                                    ``(III) assist the State in the 
                                identification of eligible students and 
                                the dissemination of early 
                                notifications of assistance as agreed 
                                to with the State agency; and
                            ``(ii) may provide funding for early 
                        information and intervention, mentoring, or 
                        outreach programs or provide such services 
                        directly.
                    ``(C) Programs.--An early information and 
                intervention, mentoring, or outreach program that is in 
                a partnership receiving an allotment under this section 
                shall provide direct services, support, and information 
                to participating students.
                    ``(D) Philanthropic organization or private 
                corporation.--A philanthropic organization or private 
                corporation that is in a partnership receiving an 
                allotment under this section shall provide funds for 
                access and persistence grants for participating 
                students, or provide funds or support for early 
                information and intervention, mentoring, or outreach 
                programs.
    ``(d) Authorized Activities.--
            ``(1) In general.--
                    ``(A) Establishment of partnership.--Each State 
                receiving an allotment under this section shall use the 
                funds to establish a partnership to award access and 
                persistence grants to eligible low-income students in 
                order to increase the amount of financial assistance 
                such students receive under this subpart for 
                undergraduate education expenses.
                    ``(B) Amount.--
                            ``(i) Partnerships with institutions 
                        serving less than a majority of students in the 
                        state.--
                                    ``(I) In general.--In the case 
                                where a State receiving an allotment 
                                under this section is in a partnership 
                                described in subsection (b)(2)(B)(i), 
                                the amount of an access and persistence 
                                grant awarded by such State shall be 
                                not less than the amount that is equal 
                                to the average undergraduate tuition 
                                and mandatory fees at 4-year public 
                                institutions of higher education in the 
                                State where the student resides and 
                                such amount shall be used toward the 
                                cost of attendance at an institution of 
                                higher education, located in the State, 
                                that is a partner in the partnership.
                                    ``(II) Cost of attendance.--A State 
                                that has a program, apart from the 
                                partnership under this section, of 
                                providing eligible low-income students 
                                with grants that are equal to the 
                                average undergraduate tuition and 
                                mandatory fees at 4-year public 
                                institutions of higher education in the 
                                State, may increase the amount of 
                                access and persistence grants awarded 
                                by such State up to an amount that is 
                                equal to the average cost of attendance 
                                at 4-year public institutions of higher 
                                education in the State.
                            ``(ii) Partnership with institutions 
                        serving the majority of students in the 
                        state.--In the case where a State receiving an 
                        allotment under this section is in a 
                        partnership described in subsection 
                        (b)(2)(B)(ii), the amount of an access and 
                        persistence grant awarded by such State shall 
                        be not less than the average cost of attendance 
                        at 4-year public institutions of higher 
                        education in the State where the student 
                        resides and such amount shall be used by the 
                        student to attend an institution of higher 
                        education, located in the State, that is a 
                        partner in the partnership.
            ``(2) Early notification.--
                    ``(A) In general.--Each State receiving an 
                allotment under this section shall annually notify low-
                income students (such as students who are eligible to 
                receive a free lunch under the school lunch program 
                established under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.)) in grade 7 
                through grade 12 in the State, and their families, of 
                their potential eligibility for student financial 
                assistance, including an access and persistence grant, 
                to attend an institution of higher education.
                    ``(B) Content of notice.--The notification under 
                subparagraph (A)--
                            ``(i) shall include--
                                    ``(I) information about early 
                                information and intervention, 
                                mentoring, or outreach programs 
                                available to the student;
                                    ``(II) information that a student's 
                                candidacy for an access and persistence 
                                grant is enhanced through participation 
                                in an early information and 
                                intervention, mentoring, or outreach 
                                program;
                                    ``(III) an explanation that student 
                                and family eligibility and 
                                participation in other Federal means-
                                tested programs may indicate 
                                eligibility for an access and 
                                persistence grant and other student aid 
                                programs;
                                    ``(IV) a nonbinding estimation of 
                                the total amount of financial aid a 
                                low-income student with a similar 
                                income level may expect to receive, 
                                including an estimation of the amount 
                                of an access and persistence grant and 
                                an estimation of the amount of grants, 
                                loans, and all other available types of 
                                aid from the major Federal and State 
                                financial aid programs;
                                    ``(V) an explanation that in order 
                                to be eligible for an access and 
                                persistence grant, at a minimum, a 
                                student shall meet the requirement 
                                under paragraph (3), graduate from 
                                secondary school, and enroll at an 
                                institution of higher education that is 
                                a partner in the partnership;
                                    ``(VI) information on any 
                                additional requirements (such as a 
                                student pledge detailing student 
                                responsibilities) that the State may 
                                impose for receipt of an access and 
                                persistence grant under this section; 
                                and
                                    ``(VII) instructions on how to 
                                apply for an access and persistence 
                                grant and an explanation that a student 
                                is required to file a Free Application 
                                for Federal Student Aid authorized 
                                under section 483(a) to be eligible for 
                                such grant and assistance from other 
                                Federal and State financial aid 
                                programs; and
                            ``(ii) may include a disclaimer that access 
                        and persistence grant awards are contingent 
                        upon--
                                    ``(I) a determination of the 
                                student's financial eligibility at the 
                                time of the student's enrollment at an 
                                institution of higher education that is 
                                a partner in the partnership;
                                    ``(II) annual Federal and State 
                                appropriations; and
                                    ``(III) other aid received by the 
                                student at the time of the student's 
                                enrollment at an institution of higher 
                                education that is a partner in the 
                                partnership.
            ``(3) Eligibility.--In determining which students are 
        eligible to receive access and persistence grants, the State 
        shall ensure that each such student complies with the following 
        subparagraph (A) or (B):
                    ``(A) Meets not less than 2 of the following 
                criteria, with priority given to students meeting all 
                of the following criteria:
                            ``(i) Has an expected family contribution 
                        equal to zero (as described in section 479) or 
                        a comparable alternative based upon the State's 
                        approved criteria in section 415C(b)(4).
                            ``(ii) Has qualified for a free lunch, or 
                        at the State's discretion a reduced price 
                        lunch, under the school lunch program 
                        established under the Richard B. Russell 
                        National School Lunch Act.
                            ``(iii) Qualifies for the State's maximum 
                        undergraduate award, as authorized under 
                        section 415C(b).
                            ``(iv) Is participating in, or has 
                        participated in, a Federal, State, 
                        institutional, or community early information 
                        and intervention, mentoring, or outreach 
                        program, as recognized by the State agency 
                        administering activities under this section.
                    ``(B) Is receiving, or has received, an access and 
                persistence grant under this section, in accordance 
                with paragraph (5).
            ``(4) Grant award.--Once a student, including a student who 
        has received early notification under paragraph (2) from the 
        State, applies for admission to an institution that is a 
        partner in the partnership, files a Free Application for 
        Federal Student Aid and any related State form, and is 
        determined to be eligible by the State under paragraph (3), the 
        State shall--
                    ``(A) issue the student a preliminary access and 
                persistence grant award certificate with tentative 
                award amounts; and
                    ``(B) inform the student that payment of the access 
                and persistence grant award amounts is subject to 
                certification of enrollment and award eligibility by 
                the institution of higher education.
            ``(5) Duration of award.--An eligible student that receives 
        an access and persistence grant under this section shall 
        receive such grant award for each year of such student's 
        undergraduate education in which the student remains eligible 
        for assistance under this title, including pursuant to section 
        484(c), and remains financially eligible as determined by the 
        State, except that the State may impose reasonable time limits 
        to baccalaureate degree completion.
    ``(e) Administrative Cost Allowance.--A State that receives an 
allotment under this section may reserve not more than 3.5 percent of 
the funds made available annually through the allotment for State 
administrative functions required to carry out this section.
    ``(f) Statutory and Regulatory Relief for Institutions of Higher 
Education.--The Secretary may grant, upon the request of an institution 
of higher education that is in a partnership described in subsection 
(b)(2)(B)(ii) and that receives an allotment under this section, a 
waiver for such institution from statutory or regulatory requirements 
that inhibit the ability of the institution to successfully and 
efficiently participate in the activities of the partnership.
    ``(g) Applicability Rule.--The provisions of this subpart which are 
not inconsistent with this section shall apply to the program 
authorized by this section.
    ``(h) Maintenance of Effort Requirement.--Each State receiving an 
allotment under this section for a fiscal year shall provide the 
Secretary an assurance that the aggregate amount expended per student 
or the aggregate expenditures by the State, from funds derived from 
non-Federal sources, for the authorized activities described in 
subsection (d) for the preceding fiscal year were not less than the 
amount expended per student or the aggregate expenditure by the State 
for such activities for the second preceding fiscal year.
    ``(i) Special Rule.--Notwithstanding subsection (h), for purposes 
of determining a State's share of the cost of the authorized activities 
described in subsection (d), the State shall consider only those 
expenditures from non-Federal sources that exceed its total 
expenditures for need-based grants, scholarships, and work-study 
assistance for fiscal year 1999 (including any such assistance provided 
under this subpart).
    ``(j) Reports.--Not later than 3 years after the date of enactment 
of the College Opportunity and Affordability Act of 2008, and annually 
thereafter, the Secretary shall submit a report describing the 
activities and the impact of the partnerships under this section to the 
authorizing committees.''.
    (d) Continuation and Transition.--During the 2-year period 
commencing on the date of enactment of this Act, the Secretary shall 
continue to award grants under section 415E of the Higher Education Act 
of 1965 (20 U.S.C. 1070c-3a), as such section existed on the day before 
the date of enactment of this Act, to States that choose to apply for 
grants under such predecessor section.
    (e) Implementation and Evaluation.--Section 491(j) (20 U.S.C. 
1098(j)) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) not later than 6 months after the date of enactment 
        of the College Opportunity and Affordability Act of 2008, 
        advise the Secretary on means to implement the activities under 
        section 415E, and the Advisory Committee shall continue to 
        monitor, evaluate, and make recommendations on the progress of 
        partnerships that receive allotments under such section; and''.

SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN 
              MIGRANT AND SEASONAL FARMWORK.

    Section 418A (20 U.S.C. 1070d-2) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B)(i), by striking ``parents'' 
                and inserting ``immediate family'';
                    (B) in paragraph (3)(B), by inserting ``(including 
                preparation for college entrance examinations)'' after 
                ``college program'';
                    (C) in paragraph (5), by striking ``weekly'';
                    (D) in paragraph (7), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (8)--
                            (i) by inserting ``(such as transportation 
                        and child care)'' after ``services''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(9) other activities to improve persistence and retention 
        in postsecondary education.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``parents'' and inserting ``immediate family''; 
                        and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``to improve 
                                placement, persistence, and retention 
                                in postsecondary education,'' after 
                                ``services''; and
                                    (II) in clause (i), by striking 
                                ``and career'' and inserting ``career, 
                                and economic education or personal 
                                finance'';
                            (iii) in subparagraph (E), by striking 
                        ``and'' after the semicolon;
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (G);
                            (v) by inserting after subparagraph (E) the 
                        following:
            ``(F) internships; and''; and
                            (vi) in subparagraph (G) (as redesignated 
                        by clause (iv)), by striking ``support 
                        services'' and inserting ``essential supportive 
                        services (such as transportation and child 
                        care)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``, and 
                        coordinating such services, assistance, and aid 
                        with other non-program services, assistance, 
                        and aid, including services, assistance, and 
                        aid provided by community-based organizations, 
                        which may include mentoring and guidance; 
                        and''; and
                            (iii) by adding at the end the following:
            ``(C) for students attending 2-year institutions of higher 
        education, encouraging the students to transfer to 4-year 
        institutions of higher education, where appropriate, and 
        monitoring the rate of transfer of such students.'';
            (3) in subsection (e), by striking ``section 402A(c)(1)'' 
        and inserting ``section 402A(c)(2)'';
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``$150,000'' and 
                inserting ``$180,000''; and
                    (B) in paragraph (2), by striking ``$150,000'' and 
                inserting ``$180,000'';
            (5) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively;
            (6) by inserting after subsection (f) the following:
    ``(g) Reservation and Allocation of Funds.--From the amounts made 
available under subsection (i), the Secretary--
            ``(1) may reserve not more than a total of \1/2\ of 1 
        percent for outreach activities, technical assistance, and 
        professional development programs relating to the programs 
        under subsection (a); and
            ``(2) shall, in awarding grants from the remainder of such 
        amounts--
                    ``(A) make available not less than 45 percent of 
                such remainder for the high school equivalency programs 
                and not less than 45 percent of such remainder for the 
                college assistance migrant programs;
                    ``(B) award the rest of such remainder for either 
                high school equivalency programs or college assistance 
                migrant programs based on the number, quality, and 
                promise of the applications; and
                    ``(C) consider the need to provide an equitable 
                geographic distribution of such grants.'';
            (7) by striking subsection (h) (as redesignated by 
        paragraph (5)) and inserting the following:
    ``(h) Data Collection.--The Commissioner for Education Statistics 
shall--
            ``(1) annually collect data on persons receiving services 
        authorized under this subpart regarding such persons rates of 
        secondary school graduation, entrance into postsecondary 
        education, and completion of postsecondary education;
            ``(2) not less often than once every 2 years, prepare and 
        submit to the authorizing committees a report based on the most 
        recently available data under paragraph (1) to the authorizing 
        committees; and
            ``(3) make such report available to the public.''; and
            (8) by striking subsection (i) (as redesignated by 
        paragraph (5)) and inserting the following:
    ``(i) Authorization of Appropriations.--For the purpose of making 
grants and contracts under this section, there are authorized to be 
appropriated $75,000,000 for fiscal year 2009 and such sums as may be 
necessary for the each of the 4 succeeding fiscal years.''.

SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.

    Subpart 6 of part A of title IV is amended to read as follows:

      ``Subpart 6--Robert C. Byrd American Competitiveness Program

``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS SCHOLARSHIP 
              PROGRAM.

    ``(a) Purpose.--The purpose of this section is to award 
scholarships to students who are enrolled in studies leading to 
baccalaureate and advanced degrees in physical, life, or computer 
sciences, mathematics, or engineering.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `computer science' means the branch of 
        knowledge or study of computers, including such fields of 
        knowledge or study as computer hardware, computer software, 
        computer engineering, information systems, and robotics;
            ``(2) the term `eligible student' means a student who--
                    ``(A) is a citizen of the United States;
                    ``(B) is selected by the managing agent to receive 
                a scholarship;
                    ``(C) is enrolled full-time in an institution of 
                higher education, other than a United States service 
                academy; and
                    ``(D) has shown a commitment to and is pursuing a 
                major in studies leading to a baccalaureate, masters, 
                or doctoral degree (or a combination thereof) in 
                physical, life, or computer sciences, mathematics, or 
                engineering;
            ``(3) the term `engineering' means the science by which the 
        properties of matter and the sources of energy in nature are 
        made useful to humanity in structures, machines, and products, 
        as in the construction of engines, bridges, buildings, mines, 
        and chemical plants, including such fields of knowledge or 
        study as aeronautical engineering, chemical engineering, civil 
        engineering, electrical engineering, industrial engineering, 
        materials engineering, manufacturing engineering, and 
        mechanical engineering;
            ``(4) the term `life sciences' means the branch of 
        knowledge or study of living things, including such fields of 
        knowledge or study as biology, biochemistry, biophysics, 
        microbiology, genetics, physiology, botany, zoology, ecology, 
        and behavioral biology, except that the term does not encompass 
        the health professions;
            ``(5) the term `managing agent' means an entity to which an 
        award is made under subsection (c) to manage a program of 
        Mathematics and Science Honors Scholarships;
            ``(6) the term `mathematics' means the branch of knowledge 
        or study of numbers and the systematic treatment of magnitude, 
        relationships between figures and forms, and relations between 
        quantities expressed symbolically, including such fields of 
        knowledge or study as statistics, applied mathematics, and 
        operations research; and
            ``(7) the term `physical sciences' means the branch of 
        knowledge or study of the material universe, including such 
        fields of knowledge or study as astronomy, atmospheric 
        sciences, chemistry, earth sciences, ocean sciences, physics, 
        and planetary sciences.
    ``(c) Award.--
            ``(1)(A) From funds appropriated under section 419F to 
        carry out this section, the Secretary is authorized, through a 
        grant or cooperative agreement, to make an award to a private, 
        non-profit organization, other than an institution of higher 
        education or system of institutions of higher education, to 
        manage, through a public and private partnership, a program of 
        Mathematics and Science Honors Scholarships under this section.
            ``(B) The award under subparagraph (A) shall be for a five-
        year period.
            ``(2)(A) One hundred percent of the funds awarded under 
        paragraph (1)(A) for any fiscal year shall be obligated and 
        expended solely on scholarships to eligible students.
            ``(B) No Federal funds shall be used to provide more than 
        50 percent of the cost of any scholarship to an eligible 
        student.
            ``(3)(A) The Secretary may establish--
                    ``(i) eligibility criteria for applicants for 
                managing agent, including criteria regarding financial 
                and administrative capability; and
                    ``(ii) operational standards for the managing 
                agent, including management and performance 
                requirements, such as audit, recordkeeping, record 
                retention, and reporting procedures and requirements.
            ``(B) The Secretary, as necessary, may review and revise 
        any criteria, standards, and rules established under this 
        paragraph and, through the agreement with the managing agent, 
        see that any revisions are implemented.
            ``(4) If the managing agent fails to meet the requirements 
        of this section the Secretary may terminate the award to the 
        managing agent.
            ``(5) The Secretary shall conduct outreach efforts to help 
        raise awareness of the Mathematics and Science Honors 
        Scholarships.
    ``(d) Duties of the Managing Agent.--The managing agent shall--
            ``(1) develop criteria to award Mathematics and Science 
        Honors Scholarships based on established measurements available 
        to secondary students who wish to pursue degrees in physical, 
        life, or computer sciences, mathematics, or engineering;
            ``(2) establish a Mathematics and Science Honors 
        Scholarship Fund in a separate, named account that clearly 
        discloses the amount of Federal and non-Federal funds deposited 
        in the account and used for scholarships under this section;
            ``(3) solicit funds for scholarships and for the 
        administration of the program from non-Federal sources;
            ``(4) solicit applicants for scholarships;
            ``(5) from the amounts in the Fund, award scholarships to 
        eligible students and transfer such funds to the institutions 
        of higher education that they attend;
            ``(6) annually submit to the Secretary a financial audit 
        and a report on the progress of the program, and such other 
        documents as the Secretary may require to determine the 
        effective management of the program; and
            ``(7) shall not develop a criteria that discriminates 
        against a student based on the type of program in which the 
        student completed his or her secondary education.
    ``(e) Applications.--
            ``(1) Any eligible entity that desires to be the managing 
        agent under this section shall submit an application to the 
        Secretary, in such form and containing such information, as the 
        Secretary may require.
            ``(2) Each application shall include a description of--
                    ``(A) how the applicant meets or will meet 
                requirements established under subsections (c)(3)(A) 
                and (d);
                    ``(B) how the applicant will solicit funds for 
                scholarships and for the administration of the program 
                from non-Federal sources;
                    ``(C) how the applicant will provide nationwide 
                outreach to inform students about the program and to 
                encourage students to pursue degrees in physical, life, 
                or computer sciences, mathematics, or engineering;
                    ``(D) how the applicant will solicit applications 
                for scholarships, including how the applicant will 
                balance efforts in urban and rural areas;
                    ``(E) the selection criteria based on established 
                measurements available to secondary students the 
                applicant will use to award scholarships and to renew 
                those awards;
                    ``(F) how the applicant will inform the institution 
                of higher education chosen by the recipient of the name 
                and scholarship amount of the recipient;
                    ``(G) what procedures and assurances the applicant 
                and the institution of higher education that the 
                recipient attends will use to verify student 
                eligibility, attendance, degree progress, and academic 
                performance and to deliver and account for payments to 
                such institution;
                    ``(H) the management (including audit and 
                accounting) procedures the applicant will use for the 
                program;
                    ``(I) the human, financial, and other resources 
                that the applicant will need and use to manage the 
                program;
                    ``(J) how the applicant will evaluate the program 
                and report to the Secretary annually; and
                    ``(K) a description of how the entity will 
                coordinate with, complement, and build on similar 
                public and private mathematics and science programs.
    ``(f) Scholarship Recipients.--
            ``(1) A student receiving a scholarship under this section 
        shall be known as a Byrd Mathematics and Science Honors 
        Scholar.
            ``(2) Any student desiring to receive a scholarship under 
        this section shall submit an application to the managing agent 
        in such form, and containing such information, as the managing 
        agent may require.
            ``(3) Any student that receives a scholarship under this 
        section shall enter into an agreement with the managing agent 
        to complete 5 consecutive years of service in a full-time 
        position related to the field in which the student obtained his 
        or her undergraduate degree, to begin no later than 12 months 
        following the later of--
                    ``(A) the completion of the student's undergraduate 
                degree program; or
                    ``(B) the completion of a graduate degree program 
                in a field related to the field in which the student 
                obtained his or her undergraduate degree.
            ``(4) If any student that receives a scholarship under this 
        section fails to earn at least a baccalaureate degree in 
        physical, life, or computer sciences, mathematics, or 
        engineering as defined under this section, the student shall 
        repay to the managing agent the amount of any financial 
        assistance paid to such student.
            ``(5) If any student that receives a scholarship under this 
        section fails to meet the requirements of paragraph (3), the 
        student shall repay to the managing agent the amount of any 
        financial assistance paid to such student.
            ``(6)(A) Scholarships shall be awarded for only one 
        academic year of study at a time.
            ``(B)(i) A scholarship shall be renewable on an annual 
        basis for the established length of the academic program if the 
        student awarded the scholarship remains eligible.
            ``(ii) The managing agent may condition renewal of a 
        scholarship on measures of academic progress and achievement, 
        with the approval of the Secretary.
            ``(C)(i) If a student fails to either remain eligible or 
        meet established measures of academic progress and achievement, 
        the managing agent shall instruct the student's institution of 
        higher education to suspend payment of the student's 
        scholarship.
            ``(ii) A suspension of payment shall remain in effect until 
        the student is able to demonstrate to the satisfaction of the 
        managing agent that he or she is again eligible and meets the 
        established measures of academic progress and achievement.
            ``(iii) A student's eligibility for a scholarship shall be 
        terminated if a suspension period exceeds 12 months.
            ``(D)(i)(I) A student awarded a scholarship may, in a 
        manner and under the terms established by, and with the 
        approval of, the managing agent, postpone or interrupt his or 
        her enrollment at an institution of higher education for up to 
        12 months.
            ``(II) Such a postponement or interruption shall not be 
        considered a suspension for purposes of subparagraph (C).
            ``(ii) Neither a student nor the student's institution of 
        higher education shall receive the student's scholarship 
        payments during the period of postponement or interruption, but 
        such payments shall resume upon enrollment or reenrollment.
            ``(iii) In exceptional circumstances, such as serious 
        injury or illness or the necessity to care for family members, 
        the student's postponement or interruption may, upon 
        notification and approval of the managing agent, be extended 
        beyond the 12 month period described in clause (i)(I).
    ``(g) Responsibilities of Institution of Higher Education.--
            ``(1) The managing agent shall require any institution of 
        higher education that enrolls a student who receives a 
        scholarship under this section to annually provide an 
        assurance, prior to making any payment, that the student--
                    ``(A) is eligible in accordance with subsection 
                (b)(2); and
                    ``(B) has provided the institution with a written 
                commitment to attend, or is attending, classes and is 
                satisfactorily meeting the institution's academic 
                criteria for enrollment in its program of study.
            ``(2)(A) The managing agent shall provide the institution 
        of higher education with payments from the Fund for selected 
        recipients in at least two installments.
            ``(B) If a recipient declines a scholarship, does not 
        attend courses, transfers to another institution of higher 
        education, or becomes ineligible for a scholarship, an 
        institution of higher education shall return prorated amounts 
        of any scholarship payment to that recipient to the managing 
        agent, who shall deposit it in to the Fund.

``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.

    ``(a) Program.--
            ``(1) In general.--The Secretary is authorized to carry out 
        a program of assuming the obligation to pay, pursuant to the 
        provisions of this section, the interest on a loan made, 
        insured, or guaranteed under part B or D of this title.
            ``(2) Eligibility.--The Secretary may assume interest 
        payments under paragraph (1) only for a borrower who--
                    ``(A) has submitted an application in compliance 
                with subsection (d);
                    ``(B) obtained one or more loans described in 
                paragraph (1) as an undergraduate student;
                    ``(C) is a new borrower (within the meaning of 
                section 103(7) of this Act) on or after the date of 
                enactment of the College Opportunity and Affordability 
                Act of 2008;
                    ``(D) is a highly qualified teacher (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965) of science, technology, engineering or 
                mathematics at an elementary or secondary school in a 
                high need local educational agency, or is a 
                mathematics, science, or engineering professional; and
                    ``(E) enters into an agreement with the Secretary 
                to complete 5 consecutive years of service in a 
                position described in subparagraph (D), starting on the 
                date of the agreement.
            ``(3) Prior interest limitations.--The Secretary shall not 
        make any payments for interest that--
                    ``(A) accrues prior to the beginning of the 
                repayment period on a loan in the case of a loan made 
                under section 428H or a Federal Direct Unsubsidized 
                Stafford Loan; or
                    ``(B) has accrued prior to the signing of an 
                agreement under paragraph (2)(E).
            ``(4) Initial selection.--In selecting participants for the 
        program under this section, the Secretary--
                    ``(A) shall choose among eligible applicants on the 
                basis of--
                            ``(i) the national security, homeland 
                        security, and economic security needs of the 
                        United States, as determined by the Secretary, 
                        in consultation with other Federal agencies, 
                        including the Departments of Labor, Defense, 
                        Homeland Security, Commerce, and Energy, the 
                        Central Intelligence Agency, and the National 
                        Science Foundation; and
                            ``(ii) the academic record or job 
                        performance of the applicant; and
                    ``(B) may choose among eligible applicants on the 
                basis of--
                            ``(i) the likelihood of the applicant to 
                        complete the 5-year service obligation;
                            ``(ii) the likelihood of the applicant to 
                        remain in science, mathematics, or engineering 
                        after the completion of the service 
                        requirement; or
                            ``(iii) other relevant criteria determined 
                        by the Secretary.
            ``(5) Availability subject to appropriations.--Loan 
        interest payments under this section shall be subject to the 
        availability of appropriations. If the amount appropriated for 
        any fiscal year is not sufficient to provide interest payments 
        on behalf of all qualified applicants, the Secretary shall give 
        priority to those individuals on whose behalf interest payments 
        were made during the preceding fiscal year.
            ``(6) Regulations.--The Secretary is authorized to 
        prescribe such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(b) Duration and Amount of Interest Payments.--The period during 
which the Secretary shall pay interest on behalf of a student borrower 
who is selected under subsection (a) is the period that begins on the 
effective date of the agreement under subsection (a)(2)(E), continues 
after successful completion of the service obligation, and ends on the 
earlier of--
            ``(1) the completion of the repayment period of the loan;
            ``(2) payment by the Secretary of a total of $5,000 on 
        behalf of the borrower;
            ``(3) if the borrower ceases to fulfill the service 
        obligation under such agreement prior to the end of the 5-year 
        period, as soon as the borrower is determined to have ceased to 
        fulfill such obligation in accordance with regulations of the 
        Secretary; or
            ``(4) 6 months after the end of any calendar year in which 
        the borrower's gross income equals or exceeds 4 times the 
        national per capita disposable personal income (current 
        dollars) for such calendar year, as determined on the basis of 
        the National Income and Product Accounts Tables of the Bureau 
        of Economic Analysis of the Department of Commerce, as 
        determined in accordance with regulations prescribed by the 
        Secretary.
    ``(c) Repayment to Eligible Lenders.--Subject to the regulations 
prescribed by the Secretary by regulation under subsection (a)(6), the 
Secretary shall pay to each eligible lender or holder for each payment 
period the amount of the interest that accrues on a loan of a student 
borrower who is selected under subsection (a).
    ``(d) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        interest payment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Failure to complete service agreement.--Such 
        application shall contain an agreement by the individual that, 
        if the individual fails to complete the 5 consecutive years of 
        service required by subsection (a)(2)(E), the individual agrees 
        to repay the Secretary the amount of any interest paid by the 
        Secretary on behalf of the individual.
    ``(e) Treatment of Consolidation Loans.--A consolidation loan made 
under section 428C of this Act, or a Federal Direct Consolidation Loan 
made under part D of title IV of this Act, may be a qualified loan for 
the purpose of this section only to the extent that such loan amount 
was used by a borrower who otherwise meets the requirements of this 
section to repay--
            ``(1) a loan made under section 428 or 428H of this Act; or
            ``(2) a Federal Direct Stafford Loan, or a Federal Direct 
        Unsubsidized Stafford Loan, made under part D of title IV of 
        this Act.
    ``(f) Prevention of Double Benefits.--No borrower may, for the same 
service, receive a benefit under both this section and--
            ``(1) any loan forgiveness program under title IV of this 
        Act; or
            ``(2) subtitle D of title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12601 et seq.).
    ``(g) Definitions.--As used in this section--
            ``(1) the term `high need local educational agency' has the 
        same meaning given such term in section 200; and
            ``(2) the term `mathematics, science, or engineering 
        professional' means a person who--
                    ``(A) holds a baccalaureate, masters, or doctoral 
                degree (or a combination thereof) in science, 
                mathematics, or engineering; and
                    ``(B) works in a field the Secretary determines is 
                closely related to that degree, which shall include 
                working as a professor at a two- or four-year 
                institution of higher education.

``SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS.

    ``(a) Purpose.--The purpose of this section is to increase the 
number of highly qualified teachers in, and the number of United 
States' students who achieve the highest level of proficiency in, 
foreign languages critical to the security and competitiveness of the 
Nation.
    ``(b) Program Authorized.--The Secretary is authorized to award 
grants to institutions of higher education, in partnership with one or 
more local educational agencies, to establish teacher preparation 
programs in critical foreign languages, and activities that will enable 
successful students to advance from elementary school through college 
to achieve proficiency in those languages.
    ``(c) Applications.--
            ``(1) Application required.--Any institution of higher 
        education that desires to receive a grant under this section 
        shall submit an application to the Secretary at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
            ``(2) Contents.--Each Application shall--
                    ``(A) identify each local educational agency 
                partner and describe each such partner's 
                responsibilities (including how they will be involved 
                in planning and implementing the program, what 
                resources they will provide, and how they will ensure 
                continuity of student progress from elementary school 
                to the postsecondary level); and
                    ``(B) describe how the applicant will support and 
                continue the program after the grant has expired, 
                including how it will seek support from other sources, 
                such as State and local government, foundations, and 
                the private sector.
    ``(d) Uses of Funds.--Funds awarded under this section shall be 
used to develop and implement programs consistent with the purpose of 
this section by carrying out one or more of the following activities:
            ``(1) To recruit highly qualified teachers in critical 
        foreign languages and professional development activities for 
        such teachers at the elementary through high school level.
            ``(2) To provide innovative opportunities for students that 
        will allow for critical language learning, such as immersion 
        environments, intensive study opportunities, internships, and 
        distance learning.
    ``(e) Matching Requirement.--Each grantee under this section shall 
provide, from non-Federal sources, an amount equal to 100 percent of 
the amount of the grant (in cash or in kind) to carry out the 
activities supported by the grant.
    ``(f) Evaluation.--The Secretary shall evaluate the activities 
funded under this section and report the results of the evaluation to 
the appropriate Committees of Congress.
    ``(g) Report on Best Practices.--Within one year after the date of 
enactment of this section, the Secretary shall--
            ``(1) conduct a study to identify the best practices to 
        strengthen the role of institutions that receive funding under 
        title III or title V in increasing America's critical foreign 
        language education efforts; and
            ``(2) submit a report on the results of such study to the 
        authorizing committees.

``SEC. 419D. ADJUNCT TEACHER CORPS.

    ``(a) Purpose.--The purpose of this section is to create 
opportunities for individuals with subject matter expertise in 
mathematics, science, and critical foreign languages to provide such 
subject matter expertise to secondary school students on an adjunct 
basis.
    ``(b) Program Authorized.--The Secretary is authorized to award 
grants to eligible entities to identify, recruit, and train individuals 
with subject matter expertise in mathematics, science, and critical 
foreign languages to serve as adjunct content specialists.
    ``(c) Duration of Grants.--The Secretary may award grants under 
this section for a period of not more than 5 years.
    ``(d) Eligible Entity.--For the purpose of this section, an 
eligible entity is--
            ``(1) a local educational agency; or
            ``(2) a partnership consisting of a local educational 
        agency, serving as a fiscal agent, and a public or private 
        educational organization or business.
    ``(e) Uses of Funds.--An eligible entity that receives a grant 
under this section is authorized to use such grant to carry out one or 
both of the following activities:
            ``(1) To develop the capacity of the eligible entity to 
        identify, recruit, and train individuals with subject matter 
        expertise in mathematics, science, and critical foreign 
        languages who are not employed in the elementary and secondary 
        education system (including individuals in business and 
        government, and individuals who would participate through 
        distance-learning arrangements) to become adjunct content 
        specialists.
            ``(2) To provide pre-service training and on-going 
        professional development to adjunct content specialists.
    ``(f) Applications.--
            ``(1) Application required.--To be considered for a grant 
        under this section, an eligible entity shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary requires.
            ``(2) Contents.--Such application shall include a 
        description of--
                    ``(A) the need for, and expected benefits of using, 
                adjunct content specialists in the schools of the local 
                educational agency, which may include information on 
                the difficulty the local educational agency faces in 
                recruiting qualified faculty in mathematics, science, 
                and critical foreign language courses;
                    ``(B) measurable objectives for the activities 
                supported by the grant, including the number of adjunct 
                content specialists the eligible entity intends to 
                place in schools and classrooms, and the gains in 
                academic achievement expected as a result of the 
                addition of such specialists;
                    ``(C) how the eligible entity will establish 
                criteria for and recruit the most qualified individuals 
                and public or private organizations and businesses to 
                participate in the activities supported by the grant;
                    ``(D) how the eligible entity will provide pre-
                service training and on-going professional development 
                to adjunct content specialists to ensure that such 
                specialists have the capacity to serve effectively;
                    ``(E) how the eligible entity will use funds 
                received under this section, including how the eligible 
                entity will evaluate the success of the activities 
                supported by the grant;
                    ``(F) how the eligible entity will support and 
                continue the activities supported by the grant after 
                the grant has expired, including how such entity will 
                seek support from other sources, such as State and 
                local government and the private sector; and
                    ``(G) an assurance that the use of adjunct content 
                specialists will not result in the displacement or 
                transfer of currently employed teachers nor a reduction 
                in the number of overall teachers in the district.
    ``(g) Priorities.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities that demonstrate in 
the application for such a grant a plan to--
            ``(1) serve the schools of the local educational agency 
        that have a large number or percentage of students performing 
        below grade level in mathematics, science, or critical foreign 
        language courses;
            ``(2) serve local educational agencies that have a large 
        number or percentage of students from families with incomes 
        below the poverty line (as such term is defined in section 
        200); and
            ``(3) recruit and train individuals to serve as adjunct 
        content specialists in schools that have an insufficient number 
        of teachers in mathematics, science, or critical foreign 
        languages.
    ``(h) Matching Requirement.--Each eligible entity that receives a 
grant under this section shall provide, from non-Federal sources, an 
amount equal to 100 percent of the amount of such grant (in cash or in 
kind) to carry out the activities supported by such grant.
    ``(i) Performance Report.--Each eligible entity receiving a grant 
under this section shall prepare and submit to the Secretary a final 
report on the results of the activities supported by such grant, which 
shall contain such information as the Secretary may require, including 
any improvements in student academic achievement as a result of the use 
of adjunct content specialists.
    ``(j) Evaluation.--The Secretary shall evaluate the activities 
supported by grants under this section, including the impact of such 
activities on student academic achievement, and shall report the 
results of such evaluation to the authorizing committees.
    ``(k) Definition.--In this section the term `adjunct content 
specialist' means an individual who--
            ``(1) meets the requirements of section 9101(23)(B)(ii) of 
        the Elementary and Secondary Education Act of 1965;
            ``(2) has demonstrated expertise in mathematics, science, 
        or a critical foreign language, as determined by the local 
        educational agency; and
            ``(3) may not be the primary provider of instructional 
        services to a student unless the adjunct content specialist is 
        under the direct supervision of a teacher who meets the 
        requirements of Section 9101(23) of such Act.

``SEC. 419E. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$50,000,000 for fiscal year 2009 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.

SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.

    (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C. 
1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting 
``$30,000''.
    (b) Eligible Institutions.--Section 419N(b)(4) is amended by 
striking ``$350,000'' and inserting ``$250,000''.
    (c) Income Eligibility.--Section 419N(b)(7) is amended by striking 
``who is eligible to receive'' and inserting ``whose income qualifies 
for eligibility for''.
    (d) Publicity.--Section 419N(b) is further amended by adding at the 
end the following new paragraph:
            ``(8) Publicity.--The Secretary shall publicize the 
        availability of grants under this section in appropriate 
        periodicals in addition to publication in the Federal Register, 
        and shall inform appropriate educational organizations of such 
        availability.''.
    (e) Reporting Requirements.--Section 419N(e) is amended--
            (1) in paragraph (1)(A), by striking ``18 months,'' and all 
        that follows through the end thereof and inserting 
        ``annually.''; and
            (2) in paragraph (2)--
                    (A) by striking ``the third annual grant payment'' 
                and inserting ``continuation awards''; and
                    (B) by striking ``the 18-month report'' and 
                inserting ``the reports''.
    (f) Authorization of Appropriations.--Section 419N(g) (20 U.S.C. 
1070e(g)) is amended by striking ``$45,000,000 for fiscal year 1999'' 
and all that follows through the period and inserting ``such sums as 
may be necessary for fiscal year 2009 and each of the 4 succeeding 
fiscal years.''.

SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.

    Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is 
repealed.

SEC. 411. TEACH GRANTS.

    Subpart 9 of part A of title IV is amended--
            (1) in section 420L(1)(B), by striking ``sound'' and 
        inserting ``responsible'';
            (2) in section 420M--
                    (A) by striking ``academic year'' each place it 
                appears in subsections (a)(1) and (c)(1) and inserting 
                ``year''; and
                    (B) in subsection (c)(2)--
                            (i) by striking ``other student 
                        assistance'' and inserting ``other assistance 
                        the student may receive''; and
                            (ii) by striking the second sentence;
            (3) in section 420N--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(E), by striking 
                        ``and'' after the semicolon;
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(3) contains, or is accompanied by, a plain-language 
        disclosure form developed by the Secretary that clearly 
        describes the nature of the TEACH Grant award, the service 
        obligation, and the loan repayment requirements that are the 
        consequence of the failure to complete the service 
        obligation.''; and
                    (B) by adding a the end the following new 
                subsection:
    ``(d) Additional Administrative Provisions.--
            ``(1) Change of high-need designation.--In the event that a 
        recipient of an initial grant under this subpart has acquired 
        an academic degree, or expertise, in a field that was, at the 
        time of the recipient's application for that grant, designated 
        as high-need in accordance with subsection (b)(1)(C)(vii), but 
        is no longer so designated, the grant recipient may fulfill the 
        service obligation described in subsection (b)(1) by teaching 
        in that field.
            ``(2) Extenuating circumstances.--The Secretary shall 
        establish, by regulation, categories of extenuating 
        circumstances under which a recipient of a grant under this 
        subpart who is unable to fulfill all or part of his or her 
        service obligation may be excused from fulfilling that portion 
        of the service obligation.''; and
            (4) by adding at the end the following new section:

``SEC. 420P. PROGRAM EVALUATION.

    ``The Secretary shall evaluate the effectiveness of TEACH grants 
with respect to the schools and students served by recipients of such 
grants.''.

                 PART B--FEDERAL FAMILY EDUCATION LOANS

SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL INSURANCE.

    Section 424(a) (20 U.S.C. 1074(a)) is amended--
            (1) by striking ``2012'' and inserting ``2013''; and
            (2) by striking ``2016'' and inserting ``2017''.

SEC. 422. FEDERAL INTEREST SUBSIDIES.

    Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
            (1) by striking ``2012'' and inserting ``2013''; and
            (2) by striking ``2016'' and inserting ``2017''.

SEC. 423. STUDENT LOAN INFORMATION.

    Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at the end 
the following new paragraph:
            ``(4) Student loan information.--
                    ``(A) Notwithstanding any other provision of law or 
                regulation, if requested by an institution of higher 
                education or a third party servicer (as defined in 
                section 481(c)) working on behalf of such institution 
                to prevent student loan defaults for borrowers who 
                currently attend or previously attended such 
                institution, a lender, secondary market, holder, or 
                guaranty agency shall provide, free of charge and in a 
                timely and effective manner, any student loan 
                information pertaining to loans made under this title, 
                as determined by the Secretary, to such borrowers 
                maintained by that entity, provided that the 
                information requested is for a borrower who currently 
                attends or previously attended such institution.
                    ``(B) An institution and any third party servicer 
                obtaining access to information under subparagraph (A), 
                including any subcontractor obtaining access to 
                information under subparagraph (C)(iii), shall 
                safeguard that information--
                            ``(i) as required by any law applicable to 
                        the institution, third party servicer, or 
                        subcontractor; and
                            ``(ii) at least to the same extent that the 
                        disclosing financial institution is required to 
                        safeguard its customer information under 
                        sections 501 and 505(b) of the Gramm-Leach-
                        Bliley Act (15 U.S.C. 6801, 6805(b)).
                    ``(C) Any third party servicer that obtains 
                information under this paragraph--
                            ``(i) shall only use the information in a 
                        manner directly related to the default 
                        prevention work the servicer is performing on 
                        behalf of the institution of higher education;
                            ``(ii) shall not sell the information to 
                        other entities;
                            ``(iii) shall not share the information 
                        with, or transfer the information to, entities 
                        other than the borrower, a subcontractor of the 
                        third party servicer for purposes of skip 
                        tracing, or the institution of higher education 
                        referenced in subparagraph (A); and
                            ``(iv) shall be subject to any regulations 
                        established by the Secretary pursuant to 
                        section 432 concerning the misuse of such 
                        information, including any penalties for such 
                        misuse.
                    ``(D) Any requirement under subparagraph (A) to 
                provide student loan information shall be considered an 
                applicable legal requirement for the purposes of 
                section 502(e)(8) of the Gramm-Leach-Bliley Act (15 
                U.S.C. 6802(e)(8)).
                    ``(E) Any subcontractor obtaining access to 
                information under subparagraph (C)(iii) shall meet the 
                same restrictions that apply to third party servicers 
                under subparagraph (C).''.

SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.

    Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding at the 
end the following new paragraph:
            ``(3) Report required.--The Secretary, in consultation with 
        the guaranty agencies participating under voluntary flexible 
        agreements, shall report on an annual basis to the authorizing 
        committees regarding the program outcomes that the voluntary 
        flexible agreements have had with respect to program integrity, 
        program and cost efficiencies, delinquency prevention, default 
        aversion, and consumer education programs described in section 
        433A, and the availability and delivery of student financial 
        aid. Such report shall include--
                    ``(A) a description of each voluntary flexible 
                agreement and the performance goals established by the 
                Secretary for each agreement;
                    ``(B) a list of participating guaranty agencies and 
                the specific statutory or regulatory waivers provided 
                to each guaranty agency and any waivers provided to 
                other guaranty agencies under paragraph (2);
                    ``(C) a description of the standards by which each 
                agency's performance under the agency's voluntary 
                flexible agreement was assessed and the degree to which 
                each agency achieved the performance standards;
                    ``(D) an analysis of the fees paid by the 
                Secretary, and the costs and efficiencies achieved 
                under each voluntary flexible agreement; and
                    ``(E) an identification of promising practices for 
                program improvement that could be replicated by other 
                guaranty agencies.''.

SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT PLUS 
              LOANS.

    (a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is amended by 
amending paragraphs (1) and (2) to read as follows:
            ``(1) Commencement of repayment.--Repayment of principal on 
        loans made under this section shall--
                    ``(A) commence not later than--
                            ``(i) in the case of a parent borrower, 60 
                        days after the date such loan is disbursed by 
                        the lender; and
                            ``(ii) in the case of a graduate or 
                        professional student borrower, commence at the 
                        beginning of a repayment period that begins the 
                        day after 6 months after the date the student 
                        ceases to carry at least one-half the normal 
                        full-time academic workload (as determined by 
                        the institution); and
                    ``(B) be subject to deferral during any period 
                during which the graduate or professional student or 
                the parent meets the conditions required for a deferral 
                under section 427(a)(2)(C) or 428(b)(1)(M).
            ``(2) Capitalization of interest.--
                    ``(A) In general.--Interest on loans made under 
                this section--
                            ``(i) which accrues prior to the beginning 
                        of repayment under paragraph (1)(A)(i), shall 
                        be added to the principal amount of the loan; 
                        and
                            ``(ii) which accrues during a period in 
                        which payments of principal are deferred 
                        pursuant to paragraph (1)(B) shall, if agreed 
                        upon by the borrower and the lender--
                                    ``(I)(aa) be paid monthly or 
                                quarterly; or
                                    ``(bb) be added to the principal 
                                amount of the loan not more frequently 
                                than quarterly by the lender.
                    ``(B) Insurable limits.--Capitalization of interest 
                under this paragraph shall not be deemed to exceed the 
                annual insurable limit on account of the borrower.''.
    (b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C. 
1078(b)(7)(C)) is amended by striking ``, 428B,''.
    (c) Effective Date.--The amendments made by this section shall be 
effective for loans issued on or after July 1, 2008.

SEC. 426. CONSOLIDATION LOAN DISCLOSURE.

    Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) that the lender will disclose, in a clear and 
                conspicuous manner, to borrowers who seek to 
                consolidate loans made under part E of this title--
                            ``(i) that once the borrower adds a Federal 
                        Perkins Loan to a Federal Consolidation Loan, 
                        the borrower will lose all interest-free 
                        periods that would have been available, such as 
                        those when no interest accrues on the Federal 
                        Perkins Loan while the borrower is enrolled in 
                        school at least half-time, during the grace 
                        period, and during periods when the borrower's 
                        student loan repayments are deferred;
                            ``(ii) that the borrower will no longer be 
                        eligible for loan cancellation of Federal 
                        Perkins Loans under any provision of section 
                        465; and
                            ``(iii) in detail the occupations listed in 
                        section 465 for which the borrower will lose 
                        eligibility for Federal Perkins Loan 
                        cancellation;''.

SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.

    Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by striking 
``2012'' and inserting ``2013''.

SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.

    (a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is amended 
by adding at the end the following new paragraph:
            ``(4) Amendment to special rule.--Beginning on October 1, 
        2011, the special rule under paragraph (3) shall be applied by 
        substituting `15 percent' for `10 percent'.''.
    (b) Requirements for Disbursements to First Year Students.--Section 
428G(b) (20 U.S.C. 1078-7(b)) is amended by adding at the end the 
following new paragraph:
            ``(3) Amendment to cohort default rate exemption.--
        Beginning on October 1, 2011, the exemption to the requirements 
        of paragraph (1) in the second sentence of such paragraph shall 
        be applied by substituting `15 percent' for `10 percent'.''.

SEC. 429. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.

    Section 428K (20 U.S.C. 1078-11) is amended to read as follows:

``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.

    ``(a) Program Authorized.--
            ``(1) Loan forgiveness authorized.--The Secretary shall 
        forgive, in accordance with this section, the student loan 
        obligation of a borrower in the amount specified in subsection 
        (c) who--
                    ``(A) is employed full-time in an area of national 
                need described in subsection (b); and
                    ``(B) is not in default on a loan for which the 
                borrower seeks forgiveness.
            ``(2) Method of loan forgiveness.--To provide loan 
        forgiveness under paragraph (1), the Secretary is authorized to 
        carry out a program--
                    ``(A) through the holder of the loan, to assume the 
                obligation to repay a qualified loan amount for a loan 
                made, insured, or guaranteed under this part (other 
                than an excepted PLUS loan (as such term is defined in 
                section 493C(a))); and
                    ``(B) to cancel a qualified loan amount for a loan 
                made under part D of this title (other than such an 
                excepted PLUS loan).
            ``(3) Regulations.--The Secretary is authorized to issue 
        such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(b) Areas of National Need.--For purposes of this section, an 
individual shall be treated as employed in an area of national need if 
the individual is employed full-time as any of the following:
            ``(1) Early childhood educators.--An individual who is 
        employed as an early childhood educator in an eligible 
        preschool program or eligible early childhood education program 
        in a low-income community, and who is involved directly in the 
        care, development, and education of infants, toddlers, or young 
        children age 5 and under.
            ``(2) Nurses.--An individual who is employed--
                    ``(A) as a nurse in a clinical setting; or
                    ``(B) as a member of the nursing faculty at an 
                accredited school of nursing (as those terms are 
                defined in section 801 of the Public Health Service Act 
                (42 U.S.C. 296)).
            ``(3) Foreign language specialists.--An individual who has 
        obtained a baccalaureate or advanced degree in a critical 
        foreign language and is employed--
                    ``(A) in an elementary or secondary school as a 
                teacher of a critical foreign language;
                    ``(B) in an agency of the United States Government 
                in a position that regularly requires the use of such 
                critical foreign language; or
                    ``(C) in an institution of higher education as a 
                faculty member or instructor teaching a critical 
                foreign language.
            ``(4) Librarians.--An individual who is employed as a 
        librarian in--
                    ``(A) a public library that serves a geographic 
                area within which the public schools have a combined 
                average of 30 percent or more of their total student 
                enrollments composed of children counted under section 
                1113(a)(5) of the Elementary and Secondary Education 
                Act of 1965; or
                    ``(B) a high-need school.
            ``(5) Highly qualified teachers: serving students who are 
        limited english proficient, low-income communities, and 
        underrepresented populations.--An individual who--
                    ``(A) is highly qualified as such term is defined 
                in section 9101 of the Elementary and Secondary 
                Education Act of 1965; and
                    ``(B)(i) is employed as a teacher educating 
                students who are limited English proficient;
                    ``(ii) is employed as a teacher in a high-need 
                school; or
                    ``(iii) is an individual from an underrepresented 
                population in the teaching profession, as determined by 
                the Secretary.
            ``(6) Child welfare workers.--An individual who--
                    ``(A) has obtained a degree in social work or a 
                related field with a focus on serving children and 
                families; and
                    ``(B) is employed in public or private child 
                welfare services.
            ``(7) Speech-language pathologists and audiologists.--An 
        individual who is a speech-language pathologist or audiologist, 
        who is employed in an eligible preschool program or an 
        elementary or secondary school, and who has, at a minimum, a 
        graduate degree in speech-language pathology, audiology, or 
        communication sciences and disorders.
            ``(8) National service.--An individual who is engaged as a 
        participant in a project under the National and Community 
        Service Act of 1990 (as such terms are defined in section 101 
        of such Act (42 U.S.C. 12511)).
            ``(9) School counselors.--An individual who is employed as 
        a school counselor (as such term is defined in section 
        5421(e)(3) of Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7245(e)(3))) in a high-need school.
            ``(10) Public sector employees.--An individual who is 
        employed in public safety (including as a first responder, 
        firefighter, police officer, or other law enforcement or public 
        safety officer), emergency management (including as an 
        emergency medical technician), public health (including full-
        time professionals engaged in health care practitioner 
        occupations and health care support occupations, as such terms 
        are defined by the Bureau of Labor Statistics), or public 
        interest legal services (including prosecution or public 
        defense or legal advocacy in low-income communities at a 
        nonprofit organization).
            ``(11) Nutrition professionals.--An individual who--
                    ``(A) is a licensed, certified, or registered 
                dietician who has completed a degree in a relevant 
                field; and
                    ``(B) has obtained employment in an agency of the 
                special supplemental nutrition program for women, 
                infants, and children under section 17 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1786).
            ``(12) Medical specialists.--An individual who--
                    ``(A) has received his or her degree from an 
                accredited medical school (as accredited by the Liaison 
                Committee on Medical Education or as defined by this 
                title IV); and
                    ``(B)(i) has been accepted to, or currently 
                participates in, a graduate medical education training 
                program or fellowship (or both) to provide health care 
                services (as recognized by the Accreditation Council 
                for Graduate Medical Education); or
                    ``(ii) has been accepted to, or currently 
                participates in, a graduate medical education program 
                or fellowship (or both) to provide health care services 
                that--
                            ``(I) requires more than 5 years of total 
                        graduate medical training; and
                            ``(II) has fewer United States medical 
                        school graduate applicants than the total 
                        number of training and fellowship positions 
                        available in the programs specified in 
                        subclause (I) of this clause.
            ``(13) Mental health professionals.--Individuals who have 
        at least a master's degree in social work, psychology, or 
        psychiatry and who are providing mental health services to 
        children, adolescents, or veterans.
            ``(14) Dentists.--An individual who--
                    ``(A) has received his or her degree from an 
                accredited dental school (as accredited by the 
                Commission on Dental Accreditation) and has completed 
                residency training in pediatric dentistry, general 
                dentistry, or dental public health; or
                    ``(B) is employed as a member of the faculty at a 
                program or school accredited by the Commission on 
                Dental Accreditation.
            ``(15) STEM employees.--An individual who is employed in 
        engineering, technology, applied sciences, or mathematics.
            ``(16) Physical therapists.--Individuals who are physical 
        therapists and who are providing physical therapy services to 
        children, adolescents, or veterans.
            ``(17) Superintendents, principals, and other 
        administrators.--Individuals who are school superintendents, 
        principals, or other administrators for 5 consecutive complete 
        school years in a school district of a local educational agency 
        in which 30 percent or more of the schools are schools that 
        qualify under section 465(a)(2)(A) for loan cancellation for 
        Perkins loan recipients who teach in such a school.
    ``(c) Qualified Loan Amount.--At the end of each school, academic, 
or calendar year of full-time employment on or after the date of 
enactment of the College Opportunity and Affordability Act of 2008 in 
an area of national need described in subsection (b), not to exceed 5 
years, the Secretary shall forgive not more than $2,000 of the student 
loan obligation of a borrower that is outstanding after the completion 
of each such school, academic, or calendar year of employment, as 
appropriate, not to exceed $10,000 in the aggregate for any borrower.
    ``(d) Priority.--The Secretary shall grant loan forgiveness under 
this section on a first-come, first-served basis, and subject to the 
availability of appropriations.
    ``(e) Construction.--Nothing in this section shall be construed to 
authorize the refunding of any repayment of a loan.
    ``(f) Segal Americorps Education Award and National Service Award 
Recipients.--A student borrower who qualifies for the maximum education 
award under subtitle D of title I of the National and Community Service 
Act of 1990 (42 U.S.C. 12601 et seq.) shall receive under this section 
the amount, if any, by which the maximum benefit available under this 
section exceeds the maximum education award available under such 
subtitle.
    ``(g) Ineligibility for Double Benefits.--No borrower may receive a 
reduction of loan obligations under both this section and section 428J 
or 460.
    ``(h) Definitions.--In this section:
            ``(1) Audiologist.--The term `audiologist' means an 
        individual who--
                    ``(A) has received, at a minimum, a graduate degree 
                in audiology from an institution of higher education 
                accredited by an agency or association recognized by 
                the Secretary pursuant to section 496(a) of this Act; 
                and
                    ``(B) provides audiology services under subsection 
                (ll)(2) of section 1861 of the Social Security Act (42 
                U.S.C. 1395x(ll)(2)), or meets or exceeds the 
                qualifications for a qualified audiologist under 
                subsection (ll)(4) of such section (42 U.S.C. 
                1395x(ll)(4)).
            ``(2) Early childhood educator.--The term `early childhood 
        educator' means an early childhood educator who works directly 
        with children in an eligible preschool program or eligible 
        early childhood education program who has completed a 
        baccalaureate or advanced degree in early childhood 
        development, early childhood education, or in a field related 
        to early childhood education.
            ``(3) Eligible preschool program.--The term `eligible 
        preschool program' means a program that provides for the care, 
        development, and education of infants, toddlers, or young 
        children age 5 and under, meets any applicable State or local 
        government licensing, certification, approval, and registration 
        requirements, and is operated by--
                    ``(A) a public or private school that is supported, 
                sponsored, supervised, or administered by a local 
                educational agency;
                    ``(B) a Head Start agency serving as a grantee 
                designated under the Head Start Act (42 U.S.C. 9831 et 
                seq.);
                    ``(C) a nonprofit or community based organization; 
                or
                    ``(D) a child care program, including a home.
            ``(4) Eligible early childhood education program.--The term 
        `eligible early childhood education program' means--
                    ``(A) a family child care program, center-based 
                child care program, State prekindergarten program, 
                school program, or other out-of-home early childhood 
                development care program, that--
                            ``(i) is licensed or regulated by the 
                        State; and
                            ``(ii) serves 2 or more unrelated children 
                        who are not old enough to attend kindergarten;
                    ``(B) a Head Start Program carried out under the 
                Head Start Act (42 U.S.C. 9831 et seq.); or
                    ``(C) an Early Head Start Program carried out under 
                section 645A of the Head Start Act (42 U.S.C. 9840a).
            ``(5) Low-income community.--The term `low-income 
        community' means a school attendance area (as defined in 
        section 1113(a)(2)(A) of the Elementary and Secondary Education 
        Act of 1965)--
                    ``(A) in which 70 percent of households earn less 
                than 85 percent of the State median household income; 
                or
                    ``(B) that includes a high-need school.
            ``(6) Physical therapist.--The term `physical therapist' 
        means an individual who--
                    ``(A) has received, at a minimum, a graduate degree 
                in physical therapy from an institution of higher 
                education accredited by an agency or association 
                recognized by the Secretary pursuant to section 496(a) 
                of this Act; and
                    ``(B) provides physical therapy services under 
                1861(p) of the Social Security Act (42 U.S.C. 1395x(p), 
                or meets or exceeds the qualifications for a qualified 
                physical therapist as determined by State law.
            ``(7) Nurse.--The term `nurse' means a nurse who meets all 
        of the following:
                    ``(A) The nurse graduated from--
                            ``(i) an accredited school of nursing (as 
                        those terms are defined in section 801 of the 
                        Public Health Service Act (42 U.S.C. 296));
                            ``(ii) a nursing center; or
                            ``(iii) an academic health center that 
                        provides nurse training.
                    ``(B) The nurse holds a valid and unrestricted 
                license to practice nursing in the State in which the 
                nurse practices in a clinical setting.
                    ``(C) The nurse holds one or more of the following:
                            ``(i) A graduate degree in nursing, or an 
                        equivalent degree.
                            ``(ii) A nursing degree from a collegiate 
                        school of nursing (as defined in section 801 of 
                        the Public Health Service Act (42 U.S.C. 296)).
                            ``(iii) A nursing degree from an associate 
                        degree school of nursing (as defined in section 
                        801 of the Public Health Service Act (42 U.S.C. 
                        296)).
                            ``(iv) A nursing degree from a diploma 
                        school of nursing (as defined in section 801 of 
                        the Public Health Service Act (42 U.S.C. 296)).
            ``(8) Speech-language pathologist.--The term `speech-
        language pathologist' means a speech-language pathologist who--
                    ``(A) has received, at a minimum, a graduate degree 
                in speech-language pathology or communication sciences 
                and disorders from an institution of higher education 
                accredited by an agency or association recognized by 
                the Secretary pursuant to section 496(a) of this Act; 
                and
                    ``(B) provides speech-language pathology services 
                under section 1861(ll)(1) of the Social Security Act 
                (42 U.S.C. 1395x(ll)(1)), or meets or exceeds the 
                qualifications for a qualified speech-language 
                pathologist under subsection (ll)(3) of such section 
                (42 U.S.C. 1395x(ll)(3)).
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009 and each of the 4 succeeding fiscal years to 
provide loan forgiveness in accordance with this section.''.

SEC. 430. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.

    Part B of title IV (20 U.S.C. 1071 et seq.) is amended by inserting 
after section 428K the following new section:

``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as civil legal 
assistance attorneys.
    ``(b) Definitions.--In this section:
            ``(1) Civil legal assistance attorney.--The term `civil 
        legal assistance attorney' means an attorney who--
                    ``(A) is a full-time employee of a nonprofit 
                organization that provides legal assistance with 
                respect to civil matters to low-income individuals 
                without a fee;
                    ``(B) as such employee, provides civil legal 
                assistance as described in subparagraph (A) on a full-
                time basis; and
                    ``(C) is continually licensed to practice law.
            ``(2) Student loan.--The term `student loan' means--
                    ``(A) subject to subparagraph (B), a loan made, 
                insured, or guaranteed under part B, D, or E of this 
                title; and
                    ``(B) a loan made under section 428C or 455(g), to 
                the extent that such loan was used to repay--
                            ``(i) a Federal Direct Stafford Loan, a 
                        Federal Direct Unsubsidized Stafford Loan, or a 
                        Federal Direct PLUS Loan;
                            ``(ii) a loan made under section 428, 428B, 
                        or 428H; or
                            ``(iii) a loan made under part E.
    ``(c) Program Authorized.--The Secretary shall carry out a program 
of assuming the obligation to repay a student loan, by direct payments 
on behalf of a borrower to the holder or the Secretary in the case of a 
loan under part D or E of such loan, in accordance with subsection (d), 
for any borrower who--
            ``(1) is employed as a civil legal assistance attorney; and
            ``(2) is not in default on a loan for which the borrower 
        seeks repayment.
    ``(d) Terms of Agreement.--
            ``(1) In general.--To be eligible to receive repayment 
        benefits under subsection (c), a borrower shall enter into a 
        written agreement with the Secretary that specifies that--
                    ``(A) the borrower will remain employed as a civil 
                legal assistance attorney for a required period of 
                service of not less than 3 years, unless involuntarily 
                separated from that employment;
                    ``(B) if the borrower is involuntarily separated 
                from employment on account of misconduct, or 
                voluntarily separates from employment, before the end 
                of the period specified in the agreement, the borrower 
                will repay the Secretary the amount of any benefits 
                received by such employee under this agreement;
                    ``(C) if the borrower is required to repay an 
                amount to the Secretary under subparagraph (B) and 
                fails to repay such amount, a sum equal to that amount 
                shall be recoverable by the Federal Government from the 
                employee by such methods as are provided by law for the 
                recovery of amounts owed to the Federal Government;
                    ``(D) the Secretary may waive, in whole or in part, 
                a right of recovery under this subsection if it is 
                shown that recovery would be against equity and good 
                conscience or against the public interest; and
                    ``(E) the Secretary shall make student loan 
                payments under this section for the period of the 
                agreement, subject to the availability of 
                appropriations.
            ``(2) Repayments.--
                    ``(A) In general.--Any amount repaid by, or 
                recovered from, an individual under this subsection 
                shall be credited to the appropriation account from 
                which the amount involved was originally paid.
                    ``(B) Merger.--Any amount credited under 
                subparagraph (A) shall be merged with other sums in 
                such account and shall be available for the same 
                purposes and period, and subject to the same 
                limitations, if any, as the sums with which the amount 
                was merged.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                repayments made by the Secretary under this section 
                shall be made subject to such terms, limitations, or 
                conditions as may be mutually agreed upon by the 
                borrower and the Secretary in an agreement under 
                paragraph (1), except that the amount paid by the 
                Secretary under this section shall not exceed--
                            ``(i) $6,000 for any borrower in any 
                        calendar year; or
                            ``(ii) an aggregate total of $40,000 in the 
                        case of any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall authorize the Secretary to pay any amount 
                to reimburse a borrower for any repayments made by such 
                borrower prior to the date on which the Secretary 
                entered into an agreement with the borrower under this 
                subsection.
    ``(e) Additional Agreements.--
            ``(1) In general.--On completion of the required period of 
        service under an agreement under subsection (d), the borrower 
        and the Secretary may, subject to paragraph (2), enter into an 
        additional agreement in accordance with subsection (d).
            ``(2) Term.--An agreement entered into under paragraph (1) 
        may specify that, notwithstanding subsection (d)(1)(A), the 
        required period of service during which the borrower will 
        remain employed as a civil legal assistance attorney may be 
        less than 3 years.
    ``(f) Award Basis; Priority.--
            ``(1) Award basis.--Subject to paragraph (2), the Secretary 
        shall provide repayment benefits under this section on a first-
        come, first-served basis, and subject to the availability of 
        appropriations.
            ``(2) Priority.--The Secretary shall give priority in 
        providing repayment benefits under this section in any fiscal 
        year to a borrower who--
                    ``(A) has practiced law for 5 years or less and, 
                for at least 90 percent of the time in such practice, 
                has served as a civil legal assistance attorney;
                    ``(B) received repayment benefits under this 
                section during the preceding fiscal year; and
                    ``(C) has completed less than 3 years of the first 
                required period of service specified for the borrower 
                in an agreement entered into under subsection (d).
    ``(g) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2009 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.

SEC. 431. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

    Part B of title IV is further amended by inserting after section 
428L (as added by the preceding section) the following new section:

``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

    ``(a) Program Authorized.--
            ``(1) Loan forgiveness authorized.--The Secretary shall 
        forgive, in accordance with this section, the student loan 
        obligation of a borrower in the amount specified in subsection 
        (c) who--
                    ``(A) commits to volunteering as a mentor for a 
                period of at least one school year as described in 
                subsection (b);
                    ``(B) attends a recognized community college; and
                    ``(C) is not in default on a loan for which the 
                borrower seeks forgiveness.
            ``(2) Method of loan forgiveness.--To provide loan 
        forgiveness under paragraph (1), the Secretary is authorized to 
        carry out a program--
                    ``(A) through the holder of the loan, to assume the 
                obligation to repay a qualified loan amount for a loan 
                made, insured, or guaranteed under this part (other 
                than an excepted PLUS loan (as such term is defined in 
                section 493C(a))); and
                    ``(B) to cancel a qualified loan amount for a loan 
                made under part D of this title (other than such an 
                excepted PLUS loan).
            ``(3) Regulations.--The Secretary is authorized to issue 
        such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(b) Volunteer Mentoring.--For purposes of this section, an 
individual shall be treated as participating in a volunteer mentoring 
program if they commit to mentoring an at-risk child for a period of 
not less than one school year.
    ``(c) Qualified Loan Amount.--At the end of each school, academic, 
or calendar year of volunteering as a mentor on or after the date of 
enactment of the College Opportunity and Affordability Act of 2007 as 
described in subsection (b), not to exceed 5 years, the Secretary shall 
forgive $10 of the student loan obligation of a borrower that is 
outstanding after the completion of each such school, academic, or 
calendar year of employment, for every hour of mentoring committed, not 
to exceed $10,000 in the aggregate for any borrower.
    ``(d) Priority.--The Secretary shall grant loan forgiveness under 
this section on a first-come, first-served basis, and subject to the 
availability of appropriations.''.

SEC. 432. SETTLEMENT OF CLAIMS.

    Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at the end 
the following: ``The Secretary may not enter into any settlement of any 
claim under this Act that exceeds $1,000,000 unless the Secretary has 
asked the Attorney General to review the settlement agreement and issue 
an opinion to the Secretary and the authorizing committees related to 
such proposed settlement.''.

SEC. 433. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER 
              EDUCATION INFORMATION PROGRAMS.

    Part B of title IV is further amended by inserting after section 
433 (20 U.S.C. 1083) the following new section:

``SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER 
              EDUCATION INFORMATION PROGRAMS.

    ``(a) Guaranty Agency Duty.--Each guaranty agency, with respect to 
loans insured by the agency, shall develop specific programs designed 
to prevent delinquencies and avert defaults.
    ``(b) Training for Students and Families.--Each guaranty agency, 
after consulting with institutions of higher education (including 
institutions of higher education participating in the William Ford 
Direct Loan Program), shall develop and make available high quality 
educational programs and materials to provide training for students and 
families in budgeting and financial management, including debt 
management and other aspects of financial literacy, such as the cost of 
using high interest loans to pay for postsecondary education. Such 
programs and materials shall address budgeting and financial management 
relating to student loans, and shall be made available to students and 
families, in a form and language that is understandable, before, 
during, and after the students' enrollment.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed to prohibit--
            ``(1) a guaranty agency from using activities, programs, 
        and materials existing on the date of enactment of this section 
        in meeting the requirements of this section; or
            ``(2) a lender or loan servicer from providing outreach or 
        financial aid literacy information in accordance with 
        subsection (b).''.

SEC. 434. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION RATE INDEX.

    (a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(ii), by striking 
                ``paragraph (4)'' and inserting ``paragraph (5)''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``and'' at the end of 
                        clause (ii); and
                            (ii) by striking clause (iii) and inserting 
                        the following new clauses:
                            ``(iii) 25 percent for fiscal year 1994 
                        through fiscal year 2011; and
                            ``(iv) 30 percent for fiscal year 2012 and 
                        any succeeding fiscal year.'';
            (2) by redesignating paragraph (6) as paragraph (8), and 
        redesignating paragraphs (3) through (5) as paragraphs (4) 
        through (6), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Appeals for regulatory relief.--An institution whose 
        cohort default rate, calculated in accordance with subsection 
        (m), is equal to or greater than the threshold percentage 
        specified in paragraph (2)(B)(iv) of this subsection, for two 
        consecutive fiscal years may, within 30 days of receiving 
        notification from the Secretary, file an appeal demonstrating 
        exceptional mitigating circumstances, as defined in paragraph 
        (5). The Secretary shall issue a decision on any such appeal 
        within 45 days after its submission. If the Secretary 
        determines that the institution demonstrates exceptional 
        mitigating circumstances, the Secretary shall not subject the 
        institution to provisional certification based solely on the 
        institution's cohort default rate.'';
            (4) in paragraph (5)(A) (as redesignated by paragraph (2) 
        of this subsection), by striking ``For the purposes of 
        paragraph (2)(A)(ii)'' and all that follows through ``following 
        criteria:'', and inserting ``For purposes of this subsection, 
        an institution of higher education shall be treated as having 
        exceptional mitigating circumstances that make application of 
        paragraph (2) inequitable, and that provide for regulatory 
        relief under paragraph (3), if such institution, in the opinion 
        of an independent auditor, meets the following criteria:'';
            (5) by inserting after paragraph (6) (as redesignated by 
        paragraph (2) of this subsection) the following new paragraph:
            ``(7) Default prevention and assessment of eligibility 
        based on high default rates.--
                    ``(A) First year.--(i) An institution whose cohort 
                default rate is equal to or greater than the threshold 
                percentage specified in paragraph (2)(B)(iv) in any 
                fiscal year shall establish a default prevention task 
                force to prepare a plan to--
                                    ``(I) identify the factors causing 
                                the institution's cohort default rate 
                                to exceed such threshold;
                                    ``(II) establish measurable 
                                objectives to improve the institution's 
                                cohort default rate; and
                                    ``(III) specify actions that the 
                                institution can take to improve student 
                                loan repayment, including enhanced use 
                                of professional judgment and discretion 
                                of student financial aid 
                                administrators.
                    ``(ii) Each institution subject to this 
                subparagraph shall submit the plan under clause (i) to 
                the Secretary, who shall review the plan and offer 
                technical assistance to the institution to promote 
                improved student loan repayment.
                    ``(B) Second consecutive year.--(i) An institution 
                whose cohort default rate is equal to or greater than 
                the threshold percentage specified in paragraph 
                (2)(B)(iv) for two consecutive fiscal years shall 
                require the institution's default prevention task force 
                established under subparagraph (A) to review and revise 
                the plan required under such subparagraph, and shall 
                submit such revised plan to the Secretary.
                    ``(ii) The Secretary shall review each revised plan 
                submitted in accordance with this subparagraph, and may 
                direct that such a plan be amended to include actions, 
                with measurable objectives, that the Secretary 
                determines, based on available data and analyses of 
                student loan defaults, will promote student loan 
                repayment.
                    ``(C) Cohort default rates published.--The 
                Secretary shall make available to the public on the 
                College Navigator web site the cohort default rate and 
                the plan of the default prevention task force of each 
                institution that is subject to this paragraph.''; and
            (6) in paragraph (8)(A) (as redesignated by paragraph (2) 
        of this subsection), by striking ``0.0375'' and inserting 
        ``0.0625''.
    (b) Effective Date.--The amendment made by subsection (a)(6) is 
effective for fiscal years beginning on or after October 1, 2011.

SEC. 434. DEFINITION OF ELIGIBLE LENDER.

    Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is amended--
            (1) by striking ``part, or (III)'' and inserting ``part, 
        (III)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (IV) it is a National or State chartered bank 
        with assets of less than $1,000,000,000''.

SEC. 435. COHORT DEFAULT RATES.

    (a) Amendments.--Section 435(m) (20 U.S.C. 1085(m)) is amended--
            (1) in the first sentence of paragraph (1)(A), by striking 
        ``end of the following fiscal year'' and inserting ``end of the 
        second fiscal year following the fiscal year in which the 
        students entered repayment'';
            (2) in paragraph (1)(B), by striking ``such fiscal year'' 
        and inserting ``such second fiscal year'';
            (3) in paragraph (1)(C), by striking ``end of the fiscal 
        year immediately following the year in which they entered 
        repayment'' and inserting ``end of the second fiscal year 
        following the year in which they entered repayment'';
            (4) in paragraph (2)(C)--
                    (A) by striking ``end of such following fiscal year 
                is not considered as in default for the purposes of 
                this subsection'' and inserting ``end of the second 
                fiscal year following the year in which the loan 
                entered repayment is not considered as in default for 
                purposes of this subsection''; and
                    (B) by striking ``such fiscal year'' and inserting 
                ``such second fiscal year''; and
            (5) in paragraph (4)--
                    (A) by amending the header to read as follows: 
                ``Collection and reporting of cohort default rates and 
                life of cohort default rates.--''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
            ``(A) The Secretary shall collect data from all insurers 
        under this part and shall publish not less often than once 
        every fiscal year a report showing cohort default data and life 
        of cohort default rate for each category of institution, 
        including: (i) 4-year public institutions; (ii) 4-year private 
        nonprofit institutions; (iii) 2-year public institutions; (iv) 
        2-year private institutions; (v) 4-year proprietary 
        institutions; (vi) 2-year proprietary institutions; and (vii) 
        less than 2-year proprietary institutions. For purposes of this 
        subparagraph, the life of cohort default rate means, for any 
        fiscal year in which 1 or more current and former students at 
        an institution enter repayment on loans under section 428, 
        428A, or 428H, received for attendance at the institution, the 
        percentage of those current and former students who enter 
        repayment on such loans (or on the portion of a loan made under 
        section 428C that is used to repay any such loans) received for 
        attendance at the institution in that fiscal year who default 
        before the end of each succeeding fiscal year.''.
    (b) Effective Date and Transition.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall be effective for purposes of calculating cohort default 
        rates for fiscal year 2008 and succeeding fiscal years.
            (2) Transition.--Notwithstanding paragraph (1), the method 
        of calculating cohort default rates under section 435(m) of the 
        Higher Education Act of 1965 as in effect on the day before the 
        date of enactment of this Act shall continue in effect, and the 
        rates so calculated shall be the basis for any sanctions 
        imposed on institutions of higher education because of their 
        cohort default rates, until three consecutive years of cohort 
        default rates calculated in accordance with the amendments made 
        by subsection (a) are available.

SEC. 436. DISABILITY DETERMINATIONS.

    Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at the end 
the following new sentence: ``A borrower who receives a permanent total 
disability rating from the Secretary of Veterans Affairs, and who 
provides documentation of such rating to the Secretary of Education, 
shall be considered permanently and totally disabled for the purpose of 
discharging such borrower's loans under this subsection, and such 
borrower shall not be required to present additional documentation for 
purposes of this subsection.''.

                       PART C--COLLEGE WORK/STUDY

SEC. 441. REAUTHORIZATION.

    (a) Extension of Authority.--Section 441 (42 U.S.C. 2751) is 
amended--
            (1) in subsection (b), by striking ``$1,000,000,000 for 
        fiscal year 1999'' and inserting ``$1,500,000,000 for fiscal 
        year 2009''; and
            (2) in subsection (c)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) responding to the needs of the community, which may 
        include activities in preparation for and during emergencies 
        and natural disasters.''.
    (b) Allowance for Books and Supplies.--Section 442(c)(4)(D) (42 
U.S.C. 2752(c)(4)(D)) is amended by striking ``$450'' and inserting 
``$600''.
    (c) Grants for Federal Work-Study Programs.--Section 443 (42 U.S.C. 
2753) is amended--
            (1) in subsection (b)(2)(B), strike ``(as described in 
        subsection (d)), is'' insert the following: ``(as described in 
        subsection (d)), and not less than 1 civic education and 
        participation project (as described in subsection (e)), are''; 
        and
            (2) by adding at the end the following new subsection:
    ``(e) Civic Education and Participation Activities.--
            ``(1) Use of funds.--In any academic year to which 
        subsection (b)(2)(B) applies, an institution shall ensure that 
        funds granted to such institution under this section are used 
        in accordance with such subsection to compensate (including 
        compensation for time spent in training and travel directly 
        related to civic education and participation activities) 
        students employed in projects that--
                    ``(A) teach civics in schools;
                    ``(B) raise awareness of government functions or 
                resources; or
                    ``(C) increase civic participation such as in 
                voting or running for elected office.
            ``(2) Priority for schools.--To the extent practicable, an 
        institution shall--
                    ``(A) give priority to the employment of students 
                participating in projects that educate or train the 
                public about evacuation, emergency response, and injury 
                prevention strategies relating to natural disasters, 
                acts of terrorism, and other emergency situations; and
                    ``(B) ensure that any student compensated with the 
                funds described in paragraph (1) receives appropriate 
                training to carry out the educational services 
                required.
            ``(3) Federal share.--The Federal share of the compensation 
        of work-study students compensated under this subsection may 
        exceed 75 percent.''.
    (d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is amended 
by adding at the end the following new subsection:
    ``(d) Flexibility in the Event of a Major Disaster.--
            ``(1) In the event of a major disaster, an eligible 
        institution located in any area affected by such major 
        disaster, as determined by the Secretary, may make payments 
        under this part to disaster-affected students as follows:
                    ``(A) For any academic year during which a major 
                disaster occurs, such an eligible institution may pay 
                wages under this part to disaster-affected students in 
                an amount equal to or less than the amount of wages 
                such students would have been paid under this part had 
                the students been able to complete the work obligation 
                necessary to receive work study funds for such academic 
                year.
                    ``(B) Wages shall not be awarded to any student 
                who, for the academic year during which a major 
                disaster occurs, was not eligible for work study or was 
                not completing the work obligation necessary to receive 
                work study funds under this part prior to the 
                occurrence of the major disaster.
                    ``(C) Any wages awarded to disaster-affected 
                students under this subsection shall meet the matching 
                requirements outlined in section 443.
            ``(2) Definitions.--In this subsection:
                    ``(A) The term `disaster-affected students' means 
                students enrolled at an eligible institution who--
                            ``(i) were receiving Federal work study 
                        payments from such eligible institution for an 
                        academic year prior to the occurrence of a 
                        major disaster during such academic year; and
                            ``(ii) were prevented from fulfilling their 
                        work-study obligations for such academic year 
                        due to such major disaster, as determined by 
                        the Secretary.
                    ``(B) The term `major disaster' has the meaning 
                given such term in section 102(2) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance 
                Act.''.

SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.

    Section 447 (42 U.S.C. 2756a) is amended--
            (1) by striking ``Each institution participating'' and 
        inserting ``(a) Community Service-Learning.--Each institution 
        participating''; and
            (2) by adding at the end the following new subsection:
    ``(b) Off-Campus Community Service.--
            ``(1) Grants authorized.--In addition to funds made 
        available under section 443(b)(2)(B), the Secretary is 
        authorized to award grants to institutions participating under 
        this part to supplement off-campus community service 
        employment.
            ``(2) Use of funds.--In any year in which section 
        443(b)(2)(B) applies, an institution shall ensure that funds 
        granted to such institution under this subsection are used in 
        accordance with such section 443 to recruit and compensate 
        students (including compensation for time spent in training and 
        for travel directly related to such community service).
            ``(3) Priority.--In awarding grants under this subsection, 
        the Secretary shall give priority to applications that support 
        postsecondary students assisting with early childhood education 
        activities and activities in preparation for and during 
        emergencies and natural disasters.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary for fiscal year 2009 and each of the 4 
        succeeding fiscal years.''.

SEC. 443. WORK COLLEGES.

    (a) Work-Learning-Service.--Section 448 (42 U.S.C. 2756b) is 
amended by striking ``work-learning'' each place it appears and 
inserting ``work-learning-service''.
    (b) Definition.--Section 448(e) is amended to read as follows:
    ``(e) Definitions.--For the purpose of this section--
            ``(1) the term `work college' means an eligible institution 
        that--
                    ``(A) has been a public or private nonprofit, four-
                year, degree granting institution with a commitment to 
                community service;
                    ``(B) has operated a comprehensive work-learning-
                service program for at least 2 years;
                    ``(C) requires all resident students, including at 
                least one-half of all students who are enrolled on a 
                full-time basis, to participate in a comprehensive 
                work-learning-service program for at least 5 hours each 
                week, or at least 80 hours during each period of 
                enrollment, except summer school, unless the student is 
                engaged in an institutionally organized or approved 
                study abroad or externship program; and
                    ``(D) provides students participating in the 
                comprehensive work-learning-service program with the 
                opportunity to contribute to their education and to the 
                welfare of the community as a whole; and
            ``(2) the term `comprehensive student work-learning-service 
        program' means a student work-learning-service program that--
                    ``(A) is an integral and stated part of the 
                institution's educational philosophy and program;
                    ``(B) requires participation of all resident 
                students for enrollment and graduation;
                    ``(C) includes learning objectives, evaluation, and 
                a record of work performance as part of the student's 
                college record;
                    ``(D) provides programmatic leadership by college 
                personnel at levels comparable to traditional academic 
                programs;
                    ``(E) recognizes the educational role of work-
                learning-service supervisors; and
                    ``(F) includes consequences for nonperformance or 
                failure in the work-learning-service program similar to 
                the consequences for failure in the regular academic 
                program.''.
    (c) Authorization.--Section 448(f) is amended--
            (1) by striking ``$5,000,000'' and inserting ``such sums as 
        may be necessary''; and
            (2) by striking ``1999'' and inserting ``2009''.

                  PART D--FEDERAL DIRECT STUDENT LOANS

SEC. 451. REAUTHORIZATION.

    Section 458(a) (20 U.S.C. 1087h(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the heading of such paragraph, by striking 
                ``2011'' and inserting ``2013''; and
                    (B) by striking ``2011'' and inserting ``2013''; 
                and
            (2) in paragraph (3), by striking ``2011'' and inserting 
        ``2013''.

SEC. 452. PUBLIC SERVICE JOB DEFINITION.

    Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is amended to read 
as follows:
                    ``(B) Public service job.--The term `public service 
                job' means--
                            ``(i) a full-time job in emergency 
                        management, government (excluding time served 
                        as a member of Congress), military service, 
                        public safety, law enforcement, public health 
                        (including nurses, nurse practitioners, nurses 
                        in a clinical setting, and full-time 
                        professionals engaged in health care 
                        practitioner occupations and health care 
                        support occupations, as such terms are defined 
                        by the Bureau of Labor Statistics), public 
                        education, social work in a public child or 
                        family service agency, public interest law 
                        services (including prosecution or public 
                        defense or legal advocacy on behalf of low-
                        income communities at a nonprofit 
                        organization), early childhood education 
                        (including licensed or regulated childcare, 
                        Head Start, and State funded prekindergarten), 
                        public service for individuals with 
                        disabilities, public service for the elderly, 
                        public library sciences, school-based library 
                        sciences and other school-based services, or at 
                        an organization that is described in section 
                        501(c)(3) of the Internal Revenue Code of 1986 
                        and exempt from taxation under section 501(a) 
                        of such Code; or
                            ``(ii) teaching as a full-time faculty 
                        member at a Tribal College or University as 
                        defined in section 316(b) and other faculty 
                        teaching in high-needs subject areas or areas 
                        of shortage (including nurse faculty, foreign 
                        language faculty and part-time faculty at 
                        community colleges), as determined by the 
                        Secretary.''.

SEC. 453. IDENTITY FRAUD PROTECTION.

    Section 455 (20 U.S.C. 1087e) is further amended by adding at the 
end the following new subsection:
    ``(n) Identity Fraud Protection.--The Secretary of Education shall 
take such steps as may be necessary to ensure that monthly Direct Loan 
statements and other publications of the Department of Education do not 
contain more than 4 digits of the Social Security number of any 
individual.''.

SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.

    (a) Amendment.--Section 455 (20 U.S.C. 1087e) is further amended by 
adding at the end the following:
    ``(o) No Accrual of Interest for Active Duty Service Members.--
            ``(1) In general.--Notwithstanding any other provision of 
        this part, and except as provided in paragraph (3), interest 
        shall not accrue for an eligible borrower on a loan made under 
        this part that is disbursed on or after October 1, 2008.
            ``(2) Consolidation loans.--In the case of any 
        consolidation loan made under this part that is disbursed on or 
        after October 1, 2008, interest shall not accrue pursuant to 
        this subsection only on such portion of such loan as was used 
        to repay a loan made under this part that was disbursed on or 
        after October 1, 2008.
            ``(3) Eligible borrower.--In this subsection, the term 
        `eligible borrower' means an individual who--
                    ``(A)(i) is serving on active duty during a war or 
                other military operation or national emergency; or
                    ``(ii) is performing qualifying National Guard duty 
                during a war or other military operation or national 
                emergency; and
                    ``(B) is serving in an area of hostilities in which 
                service qualifies for special pay under section 310 of 
                title 37, United States Code.
            ``(4) Limitation.--An individual who qualifies as an 
        eligible borrower under this subsection may receive the benefit 
        of this subsection for not more than 60 months.''.
    (b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C. 1078-
3(b)(5)) is amended by inserting after the first sentence the 
following: ``In addition, in the event that a borrower chooses to 
obtain a consolidation loan for the purposes of using the no accrual of 
interest for active duty service members program offered under section 
455(o), the Secretary shall offer a Federal Direct Consolidation loan 
to any such borrower who applies for participation in such program.''.

SEC. 455. DIRECT LOAN PROGRAM AUDIT AND REPORTING REQUIREMENTS.

    (a) Audit of Direct Loan Servicing Portfolio and Direct Loan 
Servicing Contracts.--Section 458 (20 U.S.C. 1087h) is amended by 
adding at the end the following:
    ``(d) Audit of Direct Loan Servicing Portfolio and Direct Loan 
Servicing Contracts.--The Secretary shall have a financial and 
compliance audit of all loans owned by the Department of Education and 
made under the William D. Ford Federal Direct Loan Program and all 
contracts for the origination, servicing, collection, and related 
activities of such loans, conducted annually by a qualified independent 
organization from a list of qualified organizations promulgated by the 
Secretary in accordance with standards established by the Comptroller 
General. The standards shall measure the servicer's compliance with the 
due diligence standards and shall include a defined statistical 
sampling technique designed to measure the performance rating of the 
servicer for the purpose of this section. The Secretary shall submit 
the audit to Congress within 60 days of its completion and shall at the 
same time make the results of the audit publicly available.''.
    (b) Quarterly Reporting of Administrative Expenses.--Section 458 
(20 U.S.C. 1087h) is further amended by adding at the end the 
following:
    ``(e) Budget Justification and Quarterly Reports.--In addition to 
the requirements of subsection (c), and as a prerequisite to expending 
funds under this section, the Secretary shall--
            ``(1) make publicly available immediately upon providing to 
        Congress, its annual budget justification referenced in the 
        last sentence of subsection (c), including the detailed 
        descriptions of activities and the costs for each such 
        activity; and
            ``(2) make publicly available within 30 days of the close 
        of each calendar quarter, an interim report with at least the 
        same level of detail as the annual report referred to above, 
        showing the detailed descriptions of activities and the costs 
        for each such activity, for the quarter, which shall include--
                    ``(A) amendments to any contracts entered into by 
                the Department for the purposes of servicing, 
                origination, consolidating, or otherwise providing 
                administrative support for the Direct Loan program;
                    ``(B) a complete listing of all milestones for 
                upgrades and improvements in any of the contracts 
                referenced in section 458(d)(1) and the progress 
                towards meeting such milestones;
                    ``(C) with respect to each of the guaranty agencies 
                operating under a guaranty agreement under section 
                428(c)--
                            ``(i) un-reconciled balances in held loans 
                        by year of origination;
                            ``(ii) status and number of defaulted loans 
                        by length of default in 30-day increments; and
                            ``(iii) status and number of delinquent 
                        loans by length of delinquency in 30-day 
                        increments;
                    ``(D) information technology purchases made under 
                this section; and
                    ``(E) costs and terms of all contracts with 
                external consultants and employees of institutions of 
                higher education carrying out activities under this 
                part.''.
    (c) Audit of Federal Family Education Loan Program Portfolio and 
Guaranty Agencies.--The Secretary of Education shall have a financial 
and compliance audit of all guaranty agencies participating in the loan 
programs under part B of title IV of the Higher Education Act of 1965 
(including each guaranty agencies' contract for the servicing, 
collecting, and related activities of such loans), conducted annually 
by a qualified independent organization from a list of qualified 
organizations promulgated by the Secretary in accordance with the 
standards established by the Comptroller General. The standards shall 
measure the guaranty agency's compliance with the due diligence 
standards and shall include a defined statistical sampling technique 
designed to measure the performance rating of the guaranty agency for 
the purpose of this subsection. The Secretary shall submit the audit to 
Congress within 60 days of its completion and shall at the same time 
make the results of the audit publicly available.

                         PART E--PERKINS LOANS

SEC. 461. EXTENSION OF AUTHORITY.

    Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
            (1) in paragraph (1), by striking ``$250,000,000 for fiscal 
        year 1999'' and inserting ``$350,000,000 for fiscal year 
        2009''; and
            (2) in paragraph (2), by striking ``2003'' each place it 
        appears and inserting ``2014''.

SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES.

    Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by 
striking ``$450'' and inserting ``$600''.

SEC. 463. AGREEMENTS WITH INSTITUTIONS.

    (a) Transfers for Collection.--Section 463(a)(4)(B) (20 U.S.C. 
1087cc(a)(4)(B)) is amended to read as follows:
                    ``(B) if the institution is not one described in 
                subparagraph (A), the Secretary may allow such 
                institution to refer such note or agreement to the 
                Secretary, without recompense, except that any sums 
                collected on such a loan (less an amount not to exceed 
                30 percent of any such sums collected to cover the 
                Secretary's collection costs) shall be repaid to such 
                institution no later than 180 days after collection by 
                the Secretary and treated as an additional capital 
                contribution under section 462;''.
    (b) Revise Authority To Prescribe Additional Fiscal Controls.--
Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by inserting ``, 
except that nothing in this paragraph shall be construed to permit the 
Secretary to require the assignment of loans to the Secretary other 
than as is provided for in paragraphs (4) and (5)'' before the period.

SEC. 464. PERKINS LOAN TERMS AND CONDITIONS.

    (a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``$4,000'' in clause (i) and 
                inserting ``$5,500''; and
                    (B) by striking ``$6,000'' in clause (ii) and 
                inserting ``$8,000''; and
            (2) in paragraph (2)(B)--
                    (A) by striking ``$40,000'' in clause (i) and 
                inserting ``$60,000'';
                    (B) by striking ``$20,000'' in clause (ii) and 
                inserting ``$27,500''; and
                    (C) by striking ``$8,000'' in clause (iii) and 
                inserting ``$11,000''.
    (b) Forbearance.--Section 464 (20 U.S.C. 1087dd) is further 
amended--
            (1) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, upon written request,'' and inserting ``, 
                as documented in accordance with paragraph (2),'';
                    (B) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively;
                    (C) by inserting ``(1)'' after ``Forbearance.--''; 
                and
                    (D) by adding at the end the following:
    ``(2) For the purpose of paragraph (1), the terms of forbearance 
agreed to by the parties shall be documented by--
            ``(A) confirming the agreement of the borrower by notice to 
        the borrower from the institution of higher education; and
            ``(B) recording the terms in the borrower's file.'';
            (2) in subsection (h)(1)(A), by striking ``12 ontime'' and 
        inserting ``9 on-time''; and
            (3) in subsection (j)(2), by striking ``(e)(3)'' and 
        inserting ``(e)(1)(C)''.

SEC. 465. CANCELLATION FOR PUBLIC SERVICE.

    Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
            (1) in paragraph (2)--
                    (A) by amending subparagraph (A) to read as 
                follows:
            ``(A) as a full-time teacher for service in an academic 
        year in a high-need school;'';
                    (B) in subparagraph (B), by striking ``Head Start 
                Act which'' and inserting ``Head Start Act, or in a 
                prekindergarten or child care program that is licensed 
                or regulated by the State, that'';
                    (C) in subparagraph (H), by striking ``or'' after 
                the semicolon;
                    (D) in subparagraph (I), by striking the period and 
                inserting a semicolon; and
                    (E) by inserting before the matter following 
                subparagraph (I) the following:
            ``(J) as a full-time fire fighter for service to a local, 
        State, or Federal fire department or fire district;
            ``(K) as a full-time faculty member at a Tribal College or 
        University, as that term is defined in section 316;
            ``(L) as a librarian, if the librarian has a master's 
        degree in library science and is employed in--
                    ``(i) an elementary school or secondary school that 
                is eligible for assistance under title I of the 
                Elementary and Secondary Education Act of 1965; or
                    ``(ii) a public library that serves a geographic 
                area that contains 1 or more schools eligible for 
                assistance under title I of the Elementary and 
                Secondary Education Act of 1965; or
            ``(M) as a full-time speech language therapist, if the 
        therapist has a master's degree and is working exclusively with 
        schools that are eligible for assistance under title I of the 
        Elementary and Secondary Education Act of 1965.''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (i)--
                            (i) by inserting ``(D),'' after ``(C),''; 
                        and
                            (ii) by striking ``or (I)'' and inserting 
                        ``(I), (J), (K), (L), or (M)'';
                    (B) in clause (ii), by inserting ``or'' after the 
                semicolon;
                    (C) by striking clause (iii); and
                    (D) by redesignating clause (iv) as clause (iii).

SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.

    It is the sense of Congress that--
            (1) the Federal Perkins Loan Program, which provides low-
        interest loans to help needy students finance the costs of 
        postsecondary education, is an important part of Federal 
        student aid, and should remain a campus-based aid program at 
        colleges and universities; and
            (2) in order to strengthen the Federal Perkins Loan 
        Program, the Federal Government should support increased funds 
        to the Program and restore the capital contribution funds for 
        the Program, to provide more low-income students with 
        affordable borrowing options.

                         PART F--NEED ANALYSIS

SEC. 471. COST OF ATTENDANCE.

    (a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is amended--
            (1) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B), as amended by 
        paragraph (1), the following:
                    ``(C) for students who live in housing located on a 
                military base or for which a basic allowance is 
                provided under section 403(b) of title 37, United 
                States Code, shall be an allowance based on the 
                expenses reasonably incurred by such students for board 
                but not for room; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on July 1, 2009.

SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME EXPENSES.

    Section 479A(a) (20 U.S.C. 1087tt) is amended by striking ``medical 
or dental expenses'' and inserting ``medical, dental, or nursing home 
expenses''.

SEC. 473. DEFINITIONS.

    (a) Total Income.--Section 480(a) (20 U.S.C. 1087vv(a)) is amended 
by adding at the end the following new paragraph:
    ``(3) Notwithstanding paragraph (1), with respect to dislocated 
workers (as defined in section 101 of the Workforce Investment Act of 
1998 (29 U.S.C. 2801)), the term `total income' is equal to estimated 
adjusted gross income plus estimated untaxed income and benefits for 
the current tax year minus estimated excludable income (as defined in 
subsection (e)) in for the current tax year.''.
    (b) Untaxed Income and Benefits.--Section 480(b)(6) (20 U.S.C. 
1087vv(b)(6)) is amended by inserting ``, except that the value of on-
base military housing or the value of basic allowance for housing 
determined under section 403(b) of title 37, United States Code, 
received by the parents, in the case of a dependent student, or the 
student or student's spouse, in the case of an independent student, 
shall be excluded'' before the semicolon.
    (c) Treatment of Cooperative Education Work Income.--Section 480(e) 
(20 U.S.C. 1087vv(e)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) any income earned from work under a cooperative 
        education program offered by an institution of higher 
        education;''.
    (d) Treatment of Veterans' Education Benefits in Estimated 
Financial Assistance Calculation.--Section 480(j) (20 U.S.C. 1087vv(j)) 
is amended by adding at the end the following new paragraph:
    ``(4) Notwithstanding paragraph (1), for the first year a student 
receives veterans' education benefits under chapter 30 of title 38, 
United States Code, the amount of such veterans' education benefits 
that is treated as estimated financial assistance not received under 
this title for the purposes of section 471(3) shall be calculated by 
subtracting the amount that the student's basic pay was reduced under 
section 3011(b) or 3012(c) of such title in order to be eligible to 
receive such benefits from the amount of such veterans' education 
benefits.''.
    (e) Effective Date.--The amendments made by this section are 
effective on July 1, 2009.

SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED ANALYSIS.

    Section 480(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1087vv(a)(1)), as amended by section 473 of this Act, is further 
amended by adding at the end the following new sentence: 
``Notwithstanding the preceding sentence, the Secretary shall, by 
regulation, provide for the use of the second preceding tax year when 
and to the extent necessary to carry out the simplification of 
applications used for the estimation and determination of financial aid 
eligibility through the sharing of data with the Internal Revenue 
Service with the consent of the taxpayer.''.

                       PART G--GENERAL PROVISIONS

SEC. 481. COMPLIANCE CALENDAR.

    Section 482 (20 U.S.C. 1089) is amended by adding at the end the 
following:
    ``(e) Compliance Calendar.--Prior to the beginning of each award 
year, the Secretary shall provide to institutions of higher education a 
list of all the reports and disclosures required under this Act. The 
list shall include--
            ``(1) the date each report or disclosure is required to be 
        completed and to be submitted, made available, or disseminated;
            ``(2) the required recipients of each report or disclosure;
            ``(3) any required method for transmittal or dissemination 
        of each report or disclosure;
            ``(4) a description of the content of each report or 
        disclosure sufficient to allow the institution to identify the 
        appropriate individuals to be assigned the responsibility for 
        such report or disclosure;
            ``(5) references to the statutory authority, applicable 
        regulations, and current guidance issued by the Secretary 
        regarding each report or disclosure; and
            ``(6) any other information which is pertinent to the 
        content or distribution of the report or disclosure.''.

SEC. 482. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND PROCESSES.

    (a) Common Financial Aid Form Development and Processing.--Section 
483 (20 U.S.C. 1090) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (1), (2), and (5);
                    (B) by redesignating paragraphs (3), (4), (6), and 
                (7), as paragraphs (9), (10), (11), and (12), 
                respectively; and
                    (C) by inserting before paragraph (9), as 
                redesignated by subparagraph (B), the following:
            ``(1) In general.--The Secretary, in cooperation with 
        representatives of agencies and organizations involved in 
        student financial assistance, shall produce, distribute, and 
        process free of charge common financial reporting forms as 
        described in this subsection to be used for application and 
        reapplication to determine the need and eligibility of a 
        student for financial assistance under parts A through E (other 
        than subpart 4 of part A). These forms shall be made available 
        to applicants in both paper and electronic formats and shall be 
        referred to as the `Free Application for Federal Student Aid' 
        or the `FAFSA'. The Secretary shall work to make the FAFSA 
        consumer-friendly and to make questions on the FAFSA easy for 
        students and parents to read and understand, and shall ensure 
        that the FAFSA is available in formats accessible to 
        individuals with disabilities.
            ``(2) Early estimates.--The Secretary shall--
                    ``(A) permit applicants to enter data in such forms 
                as described in this subsection in the years prior to 
                enrollment in order to obtain a non-binding estimate of 
                the applicant's family contribution (as defined in 
                section 473);
                    ``(B) permit applicants to update information 
                submitted on forms described in this subsection, 
                without needing to re-enter previously submitted 
                information;
                    ``(C) develop a means to inform applicants, in the 
                years prior to enrollment, of student aid options for 
                individuals in similar financial situations; and
                    ``(D) develop a means to provide a clear and 
                conspicuous notice that the applicant's expected family 
                contribution is subject to change and may not reflect 
                the final expected family contribution used to 
                determine Federal student financial aid award amounts.
            ``(3) Paper format.--
                    ``(A) In general.--The Secretary shall produce, 
                distribute, and process common forms in paper format to 
                meet the requirements of paragraph (1). The Secretary 
                shall develop a common paper form for applicants who do 
                not meet the requirements of subparagraph (B).
                    ``(B) EZ fafsa.--
                            ``(i) In general.--The Secretary shall 
                        develop and use a simplified paper application 
                        form, to be known as the EZ FAFSA, to be used 
                        for applicants meeting the requirements of 
                        subsections (b) and (c) of section 479.
                            ``(ii) Reduced data requirements.--The EZ 
                        FAFSA shall permit an applicant to submit for 
                        financial assistance purposes, only the data 
                        elements required to make a determination of 
                        whether the applicant meets the requirements 
                        under subsections (b) and (c) of section 479.
                            ``(iii) State data.--The Secretary shall 
                        include on the EZ FAFSA such data items as may 
                        be necessary to award State financial 
                        assistance, as provided under paragraph (6), 
                        except that the Secretary shall not include a 
                        State's data if that State does not permit its 
                        applicants to use the EZ FAFSA for State 
                        assistance.
                            ``(iv) Free availability and processing.--
                        The provisions of paragraph (7) shall apply to 
                        the EZ FAFSA, and the data collected by means 
                        of the EZ FAFSA shall be available to 
                        institutions of higher education, guaranty 
                        agencies, and States in accordance with 
                        paragraph (9).
                            ``(v) Testing.--The Secretary shall conduct 
                        appropriate field testing on the EZ FAFSA.
                    ``(C) Promoting the use of electronic fafsa.--
                            ``(i) In general.--The Secretary shall make 
                        all efforts to encourage all applicants to 
                        utilize the electronic forms described in 
                        paragraph (4).
                            ``(ii) Maintenance of the fafsa in a 
                        printable electronic file.--The Secretary shall 
                        maintain a version of the paper forms described 
                        in subparagraphs (A) and (B) in a printable 
                        electronic file that is easily portable. The 
                        printable electronic file will be made easily 
                        accessible and downloadable to students on the 
                        same website used to provide students with the 
                        electronic application forms described in 
                        paragraph (4) of this subsection. The Secretary 
                        shall enable students to submit a form created 
                        under this subparagraph that may be downloaded 
                        and printed from an electronic file format in 
                        order to meet the filing requirements of this 
                        section and in order to receive aid from 
                        programs under this title.
                            ``(iii) Reporting requirement.--The 
                        Secretary shall report annually to Congress on 
                        the impact of the digital divide on students 
                        completing applications for title IV aid 
                        described under this paragraph and paragraph 
                        (4). The Secretary will also report on the 
                        steps taken to eliminate the digital divide and 
                        reduce production of the paper form described 
                        in subparagraph (A) of this paragraph. The 
                        Secretary's report will specifically address 
                        the impact of the digital divide on the 
                        following student populations: independent 
                        students, traditionally underrepresented 
                        students, and dependent students.
            ``(4) Electronic format.--
                    ``(A) In general.--The Secretary shall produce, 
                distribute, and process common forms in electronic 
                format to meet the requirements of paragraph (1). The 
                Secretary shall develop common electronic forms for 
                applicants who do not meet the requirements of 
                subparagraph (C) of this paragraph.
                    ``(B) State data.--The Secretary shall include on 
                the common electronic forms space for information that 
                needs to be entered for the applicant to be eligible 
                for State financial assistance, as provided under 
                paragraph (6), except the Secretary shall not require 
                applicants to enter data required by any State other 
                than the applicant's State of residence.
                    ``(C) Simplified applications: fafsa on the web.--
                            ``(i) In general.--The Secretary shall 
                        develop and use a simplified electronic 
                        application form to be used by applicants 
                        meeting the requirements under subsections (b) 
                        and (c) of section 479.
                            ``(ii) Reduced data requirements.--The 
                        simplified electronic application forms shall 
                        permit an applicant to submit for financial 
                        assistance purposes, only the data elements 
                        required to make a determination of whether the 
                        applicant meets the requirements under 
                        subsection (b) or (c) of section 479.
                            ``(iii) State data.--The Secretary shall 
                        include on the simplified electronic 
                        application forms such data items as may be 
                        necessary to award State financial assistance, 
                        as provided under paragraph (6), except that 
                        the Secretary shall not require applicants to 
                        enter data required by any State other than the 
                        applicant's State of residence.
                            ``(iv) Availability and processing.--The 
                        data collected by means of the simplified 
                        electronic application forms shall be available 
                        to institutions of higher education, guaranty 
                        agencies, and States in accordance with 
                        paragraph (9).
                            ``(v) Testing.--The Secretary shall conduct 
                        appropriate field testing on the forms 
                        developed under this subparagraph.
                    ``(D) Use of forms.--Nothing in this subsection 
                shall be construed to prohibit the use of the forms 
                developed by the Secretary pursuant to this paragraph 
                by an eligible institution, eligible lender, guaranty 
                agency, State grant agency, private computer software 
                provider, a consortium thereof, or such other entities 
                as the Secretary may designate.
                    ``(E) Privacy.--The Secretary shall ensure that 
                data collection under this paragraph complies with 
                section 552a of title 5, United States Code, and that 
                any entity using the electronic version of the forms 
                developed by the Secretary pursuant to this paragraph 
                shall maintain reasonable and appropriate 
                administrative, technical, and physical safeguards to 
                ensure the integrity and confidentiality of the 
                information, and to protect against security threats, 
                or unauthorized uses or disclosures of the information 
                provided on the electronic version of the forms. Data 
                collected by such electronic version of the forms shall 
                be used only for the application, award, and 
                administration of aid awarded under this title, State 
                aid awarded under section 415C, or aid awarded by 
                eligible institutions or such entities as the Secretary 
                may designate. No data collected by such electronic 
                version of the forms shall be used for making final aid 
                awards under this title until such data have been 
                processed by the Secretary or a contractor or designee 
                of the Secretary, except as may be permitted under this 
                title.
                    ``(F) Signature.--Notwithstanding any other 
                provision of this Act, the Secretary may permit an 
                electronic form under this paragraph to be submitted 
                without a signature, if a signature is subsequently 
                submitted by the applicant or if the applicant uses a 
                personal identification number provided by the 
                Secretary under subparagraph (G) of this paragraph.
                    ``(G) Personal identification numbers authorized.--
                The Secretary may assign to applicants personal 
                identification numbers--
                            ``(i) to enable the applicants to use such 
                        numbers in lieu of a signature for purposes of 
                        completing a form under this paragraph;
                            ``(ii) to enable the applicants to use such 
                        numbers in lieu of a signature for purposes of 
                        completing forms required by States under 
                        section 415C; and
                            ``(iii) for any purpose determined by the 
                        Secretary to enable the Secretary to carry out 
                        this title.
                    ``(H) Personal identification number improvement.--
                The Secretary shall implement a real-time data match 
                between the Social Security Administration and the 
                Department to minimize the time required for an 
                applicant to obtain a personal identification number 
                when applying for aid under this title through an 
                electronic version of a form developed under this 
                paragraph.
            ``(5) Streamlining.--
                    ``(A) Streamlined reapplication process.--
                            ``(i) In general.--The Secretary shall 
                        develop streamlined reapplication forms and 
                        processes, including both paper and electronic 
                        reapplication processes, consistent with the 
                        requirements of this subsection, for an 
                        applicant who applies for financial assistance 
                        under this title in the next succeeding 
                        academic year subsequent to the year in which 
                        such applicant first applied for financial 
                        assistance under this title.
                            ``(ii) Mechanisms for reapplication.--The 
                        Secretary shall develop appropriate mechanisms 
                        to support reapplication.
                            ``(iii) Identification of updated data.--
                        The Secretary shall determine, in cooperation 
                        with States, institutions of higher education, 
                        agencies, and organizations involved in student 
                        financial assistance, the data elements that 
                        can be updated from the previous academic 
                        year's application.
                            ``(iv) Reduced data authorized.--Nothing in 
                        this title shall be construed as limiting the 
                        authority of the Secretary to reduce the number 
                        of data elements required of reapplicants.
                            ``(v) Zero family contribution.--Applicants 
                        determined to have a zero family contribution 
                        pursuant to section 479(c) shall not be 
                        required to provide any financial data in a 
                        reapplication form, except that which is 
                        necessary to determine eligibility under such 
                        section.
                    ``(B) Reduction of data elements.--
                            ``(i) Reduction encouraged.--Of the number 
                        of data elements on the FAFSA on the date of 
                        enactment of the College Opportunity and 
                        Affordability Act of 2008 (including questions 
                        on the FAFSA for the purposes described in 
                        paragraph (6)), the Secretary, in cooperation 
                        with representatives of agencies and 
                        organizations involved in student financial 
                        assistance, shall continue to reduce the number 
                        of such data elements required to be entered by 
                        all applicants, with the goal of reducing such 
                        number by 50 percent. Reductions of data 
                        elements under paragraph (3)(B), (4)(C), or 
                        (5)(A)(iv) shall not be counted towards such 
                        reduction unless those data elements are 
                        reduced for all applicants.
                            ``(ii) Report.--The Secretary shall submit 
                        a report on the process of this reduction to 
                        each the authorizing committees within 2 years 
                        after such date of enactment.
            ``(6) State requirements.--
                    ``(A) In general.--The Secretary shall include on 
                the forms developed under this subsection, such State-
                specific nonfinancial data items as the Secretary 
                determines are necessary to meet State requirements for 
                need-based State aid under section 415C, except as 
                provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of 
                this subsection. Such items shall be selected in 
                consultation with State agencies that submit 
                applications under section 415C in order to assist in 
                the awarding of State financial assistance in 
                accordance with the terms of this subsection, except as 
                provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of 
                this subsection. The number of such data items shall 
                not be less than the number included on the form for 
                the 2008-2009 academic year, unless a State notifies 
                the Secretary that the State no longer requires those 
                data items for the distribution of State need-based 
                aid.
                    ``(B) Annual review.--The Secretary shall conduct 
                an annual review process to determine which forms and 
                nonfinancial data items the States require to award 
                need-based State aid and other application requirements 
                that the States may impose.
                    ``(C) State use of simplified forms.--The Secretary 
                shall encourage States to take such steps as necessary 
                to encourage the use of simplified application forms, 
                including those described in paragraphs (3)(B) and 
                (4)(C), to meet the requirements under subsection (b) 
                or (c) of section 479.
                    ``(D) Federal register notice.--The Secretary shall 
                publish on an annual basis a notice in the Federal 
                Register requiring State agencies to inform the 
                Secretary--
                            ``(i) if the State agency is unable to 
                        permit applicants to utilize the simplified 
                        application forms described in paragraphs 
                        (3)(B) and (4)(C); and
                            ``(ii) of the State-specific nonfinancial 
                        data that the State agency requires for 
                        delivery of State need-based financial aid.
                    ``(E) State notification to the secretary.--
                            ``(i) In general.--Each State agency that 
                        submits an application under section 415C shall 
                        notify the Secretary--
                                    ``(I) whether the State permits an 
                                applicant to file a form described in 
                                paragraph (3)(B) or (4)(A) of this 
                                subsection for purposes of determining 
                                eligibility for State need-based grant 
                                aid; and
                                    ``(II) the State-specific 
                                nonfinancial data that the State agency 
                                requires for delivery of State need-
                                based financial aid.
                            ``(ii) Acceptance of forms.--In the event 
                        that a State does not permit an applicant to 
                        file a form described in paragraph (3)(B) or 
                        (4)(A) of this subsection for purposes of 
                        determining eligibility for State need-based 
                        grant aid--
                                    ``(I) the State shall notify the 
                                Secretary if the State is not permitted 
                                to do so because of either State law or 
                                because of agency policy; and
                                    ``(II) the notification under 
                                subclause (I) shall include an estimate 
                                of the program cost to permit 
                                applicants to complete simplified 
                                application forms under paragraphs 
                                (3)(B) and (4)(A) of this subsection.
                            ``(iii) Lack of notification by the 
                        state.--If a State does not notify the 
                        Secretary pursuant to clause (i), the Secretary 
                        shall--
                                    ``(I) permit residents of that 
                                State to complete simplified 
                                application forms under paragraphs 
                                (3)(B) and (4)(A) of this subsection; 
                                and
                                    ``(II) not require any resident of 
                                that State to complete any nonfinancial 
                                data previously required by that State 
                                under this section.
            ``(7) Charges to students and parents for use of forms 
        prohibited.--
                    ``(A) Fees prohibited.--The FAFSA, in whatever form 
                (including the EZ FAFSA, paper, electronic, simplified, 
                or reapplication), shall be produced, distributed, and 
                processed by the Secretary and no parent or student 
                shall be charged a fee for the collection, processing, 
                or delivery of financial aid through the use of the 
                FAFSA. The need and eligibility of a student for 
                financial assistance under parts A through E of this 
                title (other than under subpart 4 of part A) may only 
                be determined by using the FAFSA developed by the 
                Secretary pursuant to this subsection. No student may 
                receive assistance under parts A through E of this 
                title (other than under subpart 4 of part A), except by 
                use of the FAFSA developed by the Secretary pursuant to 
                this subsection. No data collected on a form for which 
                a fee is charged shall be used to complete the FAFSA.
                    ``(B) Notice.--Any entity that provides to students 
                and parents, or charges students or parents for, any 
                value-added services with respect to or in connection 
                with the FAFSA, such as completion of the FAFSA, 
                submission of the FAFSA, or tracking of the FAFSA for a 
                student, shall provide to students and parents clear 
                and conspicuous notice that--
                            ``(i) the FAFSA is a free Federal student 
                        aid application;
                            ``(ii) the FAFSA can be completed without 
                        professional assistance; and
                            ``(iii) includes the current Internet 
                        address for the FAFSA on the Department's web 
                        site.
            ``(8) Application processing cycle.--The Secretary shall 
        enable students to submit a form created under this subsection 
        in order to meet the filing requirements of this section and in 
        order to receive aid from programs under this title and shall 
        initiate the processing of applications under this subsection 
        as early as practicable prior to October 15 of the year prior 
        to the student's planned year of enrollment.'';
            (2) by adding at the end of subsection (a) the following 
        paragraph:
            ``(13) Early application and award demonstration program.--
                    ``(A) Program required.--The Secretary shall, no 
                later than two years after the date of the enactment of 
                the College Opportunity and Affordability Act of 2008, 
                implement an early application demonstration program 
                enabling dependent students to--
                            ``(i) complete applications under this 
                        subsection in such students' junior year of 
                        secondary school, or in the academic year that 
                        is 2 years prior to such students' intended 
                        year of enrollment at an institution of higher 
                        education;
                            ``(ii) receive an estimate of such 
                        students' financial aid awards;
                            ``(iii) update, in the year prior to such 
                        students' planned year of enrollment, the 
                        information contained in an application 
                        submitted under clause (i), using the process 
                        described in paragraph (5) to determine such 
                        students' final financial aid awards; and
                            ``(iv) receive final financial aid awards 
                        based on updated information described in 
                        clause (iii).
                    ``(B) Purpose and objectives.--The purpose of the 
                demonstration program under this paragraph shall be to 
                measure the benefits, in terms of student aspirations 
                and plans to attend college, and the adverse effects, 
                in terms of program costs, integrity, distribution, and 
                delivery of aid under this title, of implementing an 
                early application system for all dependent students 
                that allows dependent students to apply for financial 
                aid using information from the year prior to the year 
                prior to enrollment. Additional objectives associated 
                with implementation of the demonstration program are 
                the following:
                            ``(i) Measure the feasibility of enabling 
                        dependent students to apply for Federal, State, 
                        and institutional financial aid in their junior 
                        year of high school, using information from the 
                        year prior to the year prior to enrollment, by 
                        completing any of the application forms under 
                        this subsection.
                            ``(ii) Identify whether receiving final 
                        financial aid awards no later than the fall of 
                        the senior year provides students with 
                        additional time to compete for the limited 
                        resources available for State and institutional 
                        financial aid and positively impacts the 
                        college aspirations and plans of these 
                        students.
                            ``(iii) Measure the impact of using income 
                        information from the years prior to enrollment 
                        on--
                                    ``(I) eligibility for financial aid 
                                under this title and for other State 
                                and institutional aid; and
                                    ``(II) the cost of financial aid 
                                programs under this title.
                            ``(iv) Effectively evaluate the benefits 
                        and adverse effects of the demonstration 
                        program on program costs, integrity, 
                        distribution, and delivery of aid.
                    ``(C) Participants.--The Secretary shall select 
                States and institutions within those States to 
                participate in the demonstration program under this 
                paragraph that are participating in the programs under 
                this title and that are willing to make final financial 
                aid awards to students based on their application 
                information from the year prior to the year prior to 
                enrollment. The Secretary shall also select as 
                participants in the demonstration program secondary 
                schools and dependent students that are located in the 
                participating States.
                    ``(D) Application process.--The Secretary shall 
                insure that the following provisions are included in 
                the demonstration program:
                            ``(i) Participating States and institutions 
                        shall--
                                    ``(I) encourage participating 
                                students to apply for estimates of 
                                financial aid awards as provided under 
                                this title in such students' junior 
                                year of secondary school, or in the 
                                academic year that is 2 years prior to 
                                such students' intended year of 
                                enrollment at an institution of higher 
                                education, using the most recent 
                                information available; and
                                    ``(II) make final financial aid 
                                awards to participating students based 
                                on the updated information contained on 
                                a form submitted using the process 
                                described in paragraph (5).
                            ``(ii) Financial aid administrators at 
                        participating institutions shall be allowed to 
                        use their discretion in awarding financial aid 
                        to participating students, as outlined under 
                        section 479A and section 480(d)(7).
                    ``(E) Evaluation.--The Secretary shall conduct a 
                rigorous evaluation of this demonstration program in 
                order to measure its benefits and adverse effects as 
                indicated under subparagraph (A).
                    ``(F) Outreach.--The Secretary shall make 
                appropriate efforts in order to notify States of the 
                demonstration program under this paragraph. Upon 
                determination of participating States, the Secretary 
                shall continue to make efforts to notify institutions 
                and dependent students within participating States of 
                the opportunity to participate in the demonstration 
                program and of the participation requirements.
                    ``(G) Consultation.--The Secretary shall consult 
                with the Advisory Committee on Student Financial 
                Assistance, established under section 491, on the 
                design and implementation of the demonstration program 
                and on the evaluation described in subparagraph (E).'';
            (3) by striking subsection (b); and
            (4) by redesignating subsections (c), (d), and (e) as 
        subsections (b), (c), and (d), respectively.
    (b) Master Calendar.--Section 482(a)(1) (20 U.S.C. 1089(a)(1)) is 
amended by striking subparagraphs (B) and (C) and inserting the 
following:
                    ``(B) by March 1: proposed modifications, updates, 
                and notices pursuant to sections 478 and 483(a)(6) 
                published in the Federal Register;
                    ``(C) by June 1: final modifications, updates, and 
                notices pursuant to sections 478 and 483(a)(6) 
                published in the Federal Register;''.
    (c) Model Institution Financial Aid Offer Form.--
            (1) Report and model format.--Not later than 1 year after 
        the date of enactment of the College Opportunity and 
        Affordability Act of 2008, the Secretary shall--
                    (A) prepare a report on the adequacy of the 
                financial aid offer forms provided by institutions of 
                higher education to students and the parents of such 
                students, after consulting with--
                            (i) students;
                            (ii) parents of students;
                            (iii) representatives of institutions of 
                        higher education (including financial aid 
                        administrators, registrars, and business 
                        officers); and
                            (iv) consumer groups that receive no 
                        commercial or institution of higher education 
                        support;
                    (B) include in the report a model format for 
                financial aid offer forms that--
                            (i) is based on the report's findings; and
                            (ii) includes the information described in 
                        paragraph (2); and
                    (C)(i) submit the report and model format to the 
                authorizing committees (as defined in section 103 of 
                the Higher Education Act of 1965 (20 U.S.C. 1003); and
                    (ii) make the report and model format available to 
                institutions of higher education, lenders, and the 
                public.
            (2) Model format contents.--The model financial aid offer 
        format developed under paragraph (1) shall present, in a 
        consumer-friendly manner, the following information:
                    (A) The student's cost of attendance for the year 
                for which the institution of higher education is 
                issuing the financial aid offer form, including the 
                actual or estimated costs included in the cost of 
                attendance for such year for each of the following:
                            (i) Tuition and fees.
                            (ii) Room and board costs.
                            (iii) Books and supplies.
                            (iv) Transportation.
                    (B) The amount of financial aid that the student 
                does not have to repay, such as scholarships and 
                grants, offered to the student for such year.
                    (C) The conditions under which the financial aid 
                described in subparagraph (B) is renewable each year.
                    (D) The amount of work-study assistance offered to 
                the student for such year, and the conditions under 
                which the student has to fulfill the work-study 
                assistance.
                    (E) The types and amounts of loans under part B, D, 
                or E of title IV for which the student is eligible for 
                such year, and the interest rate, loan term, monthly 
                repayment amount, and total repayment amount of each 
                such loan.
                    (F) The types and amounts of loans under 428B or 
                Federal Direct PLUS loans under section 455 for which a 
                parent of the student is eligible for such year, and 
                the interest rate, loan term, monthly repayment amount, 
                and total repayment amount of each such loan.
                    (G) The net amount that the student or the 
                student's parent will have to pay to attend the 
                institution for such year, which amount shall be the 
                difference between--
                            (i) the cost of attendance for the student 
                        for such year; less
                            (ii) the amount of financial aid offered by 
                        the covered institution in the financial aid 
                        offer form.
                    (H) Where a student or the student's parent can 
                seek additional information regarding the financial aid 
                offered.
                    (I) Any other information the Secretary determines 
                necessary so that students and parents can make 
                informed student loan borrowing decisions.

SEC. 483. INCREASING ACCESS TO TECHNOLOGY.

    Section 483 (20 U.S.C. 1087ss) is further amended by adding at the 
end the following:
    ``(e) Addressing the Digital Divide.--The Secretary shall utilize 
savings accrued by moving more applicants to the electronic forms 
described in subsection (a)(4) to improve access to the electronic 
forms described in subsection (a)(4) for applicants meeting the 
requirements of section 479(b) or (c).''.

SEC. 484. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
            (1) in order to simplify the Free Application for Federal 
        Student Aid (FAFSA), which serves as an entry point for the 
        scholarships, grants, loans, and work-study assistance that 
        make it possible for millions of students to attend college, 
        the Secretary of Education and the Secretary of the Treasury 
        should work together to develop a process by which the 
        Department of Education will, with the aid applicant's 
        permission, draw income information directly from the Internal 
        Revenue Service for the purpose of completing the EZ FAFSA, the 
        FAFSA, and FAFSA renewal applications and providing early 
        estimates of aid eligibility; and
            (2) this process would--
                    (A) ease the burden of reporting income-related 
                information for applicants;
                    (B) increase the efficiency, accuracy, and security 
                of the FAFSA filing process;
                    (C) significantly reduce the need for further 
                verification by the Department of Education, 
                institutions, and applicants; and
                    (D) protect the security, privacy, and safety of 
                all data used in the FAFSA filing process.

SEC. 485. STUDENT ELIGIBILITY.

    (a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B), by striking ``the Republic 
                of the Marshall Islands, the Federated States of 
                Micronesia, or''; and
                    (B) in paragraph (5), by striking ``a citizen of 
                any one of the Freely Associated States'' and inserting 
                ``or, to the extent described in subsection (j), a 
                citizen of the Republic of Palau'';
            (2) by amending subsection (j) to read as follows:
    ``(j) Assistance Under Subpart 1 of Part A for Students From 
Palau.--Notwithstanding any other provision of law, a student shall be 
eligible until September 30, 2009, for assistance under subpart 1 of 
part A if the student is otherwise qualified and--
            ``(1) is a citizen of the Republic of Palau and attends an 
        institution of higher education in a State or a public or 
        nonprofit private institution of higher education in the Freely 
        Associated States; or
            ``(2) meets the requirements of subsection (a)(5) and 
        attends a public or nonprofit private institution of higher 
        education in any one of the Freely Associated States.'';
            (3) by striking subsection (l) and inserting the following:
    ``(l) Courses Offered Through Distance Education.--
            ``(1) Relation to correspondence courses.--
                    ``(A) In general.--A student enrolled in a course 
                of instruction at an institution of higher education 
                that is offered principally through distance education 
                and leads to a recognized certificate, or associate, 
                baccalaureate, or graduate degree, conferred by such 
                institution, shall not be considered to be enrolled in 
                correspondence courses.
                    ``(B) Exception.--An institution of higher 
                education referred to in subparagraph (A) shall not 
                include an institution or school described in section 
                3(3)(C) of the Carl D. Perkins Career and Technical 
                Education Act of 2006.
            ``(2) Restriction or reductions of financial aid.--A 
        student's eligibility to receive grants, loans, or work 
        assistance under this title shall be reduced if a financial aid 
        officer determines under the discretionary authority provided 
        in section 479A that distance education results in a 
        substantially reduced cost of attendance to such student.
            ``(3) Special rule.--For award years prior to July 1, 2008, 
        the Secretary shall not take any compliance, disallowance, 
        penalty, or other action against a student or an eligible 
        institution when such action arises out of such institution's 
        prior award of student assistance under this title if the 
        institution demonstrates to the satisfaction of the Secretary 
        that its course of instruction would have been in conformance 
        with the requirements of this subsection.'';
            (4) in subsection (r)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end of clause (ii);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) the student successfully passes two 
                unannounced drug tests conducted by a drug 
                rehabilitation program that complies with such criteria 
                as the Secretary shall prescribe in regulations for 
                purposes of subparagraph (A)(i); or''; and
            (5) by adding at the end the following:
    ``(s) Students With Intellectual Disabilities.--
            ``(1) In general.--Notwithstanding subsections (a), (c), 
        and (d), in order to receive any grant or work assistance under 
        section 401, subpart 3 of part A, and part C of this title, a 
        student with an intellectual disability (as defined in section 
        768(2)) shall--
                    ``(A) be enrolled or accepted for enrollment in a 
                comprehensive transition and postsecondary education 
                program for students with intellectual disabilities at 
                an institution of higher education;
                    ``(B) be maintaining satisfactory progress in the 
                program as determined by the institution, in accordance 
                with standards established by the institution; and
                    ``(C) meet the requirements of paragraphs (3), (4), 
                (5), and (6) of subsection (a).
            ``(2) Authority.--Notwithstanding any other provision of 
        law, unless enacted with specific reference to this section, 
        the Secretary is authorized to waive any statutory provision 
        applicable to the student financial assistance programs under 
        section 401, subpart 3 of part A, or part C of this title, or 
        any institutional eligibility provisions of this title, as the 
        Secretary deems necessary to ensure that programs enrolling 
        students with intellectual disabilities otherwise determined to 
        be eligible under this subsection may receive such financial 
        assistance.
            ``(3) Regulations.--Notwithstanding regulations applicable 
        to grant or work assistance awards made under section 401 of 
        part A, subpart 3 of part A, and part C of this title, 
        including with respect to eligible programs, instructional 
        time, credit status, and enrollment status as described in 
        section 481, the Secretary shall promulgate regulations 
        allowing programs enrolling students with intellectual 
        disabilities otherwise determined to be eligible under this 
        subsection to receive such awards.
    ``(t) Data Analysis on Access to Federal Student Aid For Certain 
Populations.--
            ``(1) Development of the system.--Within one year of 
        enactment of the College Opportunity and Affordability Act of 
        2008, the Secretary shall, in consultation with the Central 
        Processing System, analyze data from the FAFSA containing 
        information regarding the number, characteristics, and 
        circumstances of students denied Federal student aid based on a 
        drug conviction while receiving Federal aid.
            ``(2) Results from analysis.--The results from the analysis 
        of such information shall be made available on a continuous 
        basis via the Department of Education website and the Digest of 
        Education and Statistics.
            ``(3) Data updating.--The data analyzed under this 
        subsection shall be updated at the beginning of each award year 
        and at least one additional time during such award year.
            ``(4) Report to congress.--The Secretary shall prepare and 
        submit to the authorizing committees of the Congress, in each 
        fiscal year, a report describing the results obtained by the 
        establishment and operation of the data system authorized by 
        this subsection.''.
    (b) Effective Date.--The amendments made by this section shall take 
affect on July 1, 2009.

SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES.

    Section 484A(b) (20 U.S.C. 1091a(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in collecting any obligation arising from a loan made 
        under part E of this title, an institution of higher education 
        that has an agreement with the Secretary pursuant to section 
        463(a) shall not be subject to a defense raised by any borrower 
        based on a claim of infancy.''.

SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.

    Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by adding at 
the end the following new subparagraph:
                    ``(C) Readmission requirements for 
                servicemembers.--Any institution of higher education 
                that requires any student--
                            ``(i) who is a member of the Armed Forces 
                        of the United States, or a member of such Armed 
                        Forces in a retired status, including members 
                        of the National Guard or other reserve 
                        component,
                            ``(ii) who is on active duty, or is called 
                        or ordered to active duty (as defined in 
                        section 481(d)), and
                            ``(iii) whose attendance at such 
                        institution is interrupted by such active duty,
                to apply for readmission to such institution of higher 
                education after the conclusion of such active duty 
                shall submit to the Secretary a statement justifying 
                such requirement.''.

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR 
              STUDENTS.

    (a) Disclosure of Policies.--Section 485(a) (20 U.S.C. 1092(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (G), by striking ``program, 
                and'';
                    (B) by striking ``and'' at the end of subparagraph 
                (N);
                    (C) by striking the period at the end of 
                subparagraph (O) and inserting a semicolon; and
                    (D) by adding at the end the following new 
                subparagraphs:
                    ``(P) institutional policies and sanctions related 
                to copyright infringement, including--
                            ``(i) an annual disclosure that explicitly 
                        informs students that unauthorized distribution 
                        of copyrighted material, including unauthorized 
                        peer-to-peer file sharing, may subject the 
                        students to civil and criminal liabilities;
                            ``(ii) a summary of the penalties for 
                        violation of Federal copyright laws;
                            ``(iii) a description of the institution's 
                        policies with respect to unauthorized peer-to-
                        peer file sharing, including disciplinary 
                        actions that are taken against students who 
                        engage in unauthorized distribution of 
                        copyrighted materials using the institution's 
                        information technology system; and
                            ``(iv) a description of actions that the 
                        institution takes to prevent and detect 
                        unauthorized distribution of copyrighted 
                        material on the institution's information 
                        technology system; and
                    ``(Q) institutional policies regarding meningoccal 
                vaccinations which may include offering the 
                vaccinations through the institution at a cost to the 
                student.''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) For purposes of this section, institutions may--
                    ``(A) exclude from the information disclosed in 
                accordance with subparagraph (L) of paragraph (1) the 
                completion or graduation rates of students who leave 
                school to serve in the Armed Forces, on official church 
                missions, or with a recognized foreign aid service of 
                the Federal Government; or
                    ``(B) in cases in which the students described in 
                subparagraph (A) represent 20 percent or more of the 
                certificate- or degree-seeking, full-time, 
                undergraduate students at an institution, the 
                institution may recalculate the completion or 
                graduation rates of such students by excluding from the 
                calculation described in paragraph (3) the time period 
                during which such students were not enrolled due to the 
                service described in subparagraph (A) of this 
                paragraph.''.
    (b) Criminal Offenses Reported.--Section 485(f)(1) (20 U.S.C. 
1092(f)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, other than a foreign institution of higher education,'' 
        after ``under this title'';
            (2) in subparagraph (C), by striking clauses (i) and (ii) 
        and inserting the following:
                            ``(i) the law enforcement authority of 
                        campus security personnel;
                            ``(ii) the working relationship of campus 
                        security personnel with State and local law 
                        enforcement agencies, including whether or not 
                        the institution has a written agreement, such 
                        as a memorandum of understanding, with such 
                        agencies;
                            ``(iii) the institution's plan, which shall 
                        address coordination with State and local law 
                        enforcement agencies, for the investigation 
                        of--
                                    ``(I) any felony described in 
                                subparagraph (F) of this paragraph 
                                occurring in the areas described in 
                                subparagraphs (A) through (D) of 
                                paragraph (12) of this subsection; and
                                    ``(II) a report of a missing 
                                student; and
                            ``(iv) policies which encourage accurate 
                        and prompt reporting of all crimes to the 
                        campus police and the appropriate police 
                        agencies;'';
            (3) in subparagraph (F)(ii), by inserting after ``through 
        (VIII) of clause (I)'' the following: ``, and for larceny-
        theft, simple assault, intimidation, and destruction, damage, 
        or vandalism of property,''; and
            (4) by adding at the end the following new subparagraph:
                    ``(J) A statement of current campus policies 
                regarding immediate emergency response and evacuation 
                procedures, including the use of electronic and 
                cellular communication (if appropriate), which shall 
                include procedures--
                            ``(i) to notify the campus community in not 
                        more than 30 minutes in the event of a 
                        significant emergency or dangerous situation, 
                        involving an immediate threat to the health or 
                        safety of students or staff, occurring on the 
                        campus, in or on noncampus buildings or 
                        property, and on public property;
                            ``(ii) to publicize emergency response and 
                        evacuation procedures on an annual basis in a 
                        manner designed to reach students and staff; 
                        and
                            ``(iii) to test emergency response and 
                        evacuation procedures on an annual basis.''.
    (c) Additional Amendment.--Section 485(f) is further amended--
            (1) by redesignating paragraph (15) as paragraph (18); and
            (2) by inserting after paragraph (14) the following:
            ``(15) Compliance report.--The Secretary shall annually 
        report to the authorizing committees regarding compliance with 
        this subsection by institutions of higher education, including 
        an up-to-date report on the Secretary's monitoring of such 
        compliance.
            ``(16) Best practices.--The Secretary may seek the advice 
        and counsel of the Attorney General concerning the development, 
        and dissemination to institutions of higher education, of best 
        practices information about campus safety and emergencies.
            ``(17) Retaliation prohibited.--No participating 
        institution or officer, employee, or agent of the institution 
        shall intimidate, threaten, coerce, or otherwise discriminate 
        against any individual for the purpose of interfering with the 
        implementation of any provision of this subsection, or any 
        rights or privileges accorded under this subsection, or because 
        the individual has complained, testified, assisted, or 
        otherwise participated in any aspect of an investigation, 
        proceeding, or hearing.''.
    (d) Additional Requirements.--Section 485 (20 U.S.C. 1092) is 
amended by adding at the end the following new subsections:
    ``(h) Transfer of Credit Policies.--
            ``(1) Disclosure.--Each institution of higher education 
        participating in any program under this title shall publicly 
        disclose in a readable and comprehensible manner the transfer 
        of credit policies established by the institution which shall 
        include a statement of the institution's current transfer of 
        credit policies that includes, at a minimum--
                    ``(A) any established criteria the institution uses 
                regarding the transfer of credit earned at another 
                institution of higher education; and
                    ``(B) a list of institutions of higher education 
                with which the institution has established an 
                articulation agreement.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) authorize the Secretary or the National 
                Advisory Committee on Institutional Quality and 
                Integrity to require particular policies, procedures, 
                or practices by institutions of higher education with 
                respect to transfer of credit;
                    ``(B) authorize an officer or employee of the 
                Department to exercise any direction, supervision, or 
                control over the curriculum, program of instruction, 
                administration, or personnel of any institution of 
                higher education, or over any accrediting agency or 
                association;
                    ``(C) limit the application of the General 
                Education Provisions Act; or
                    ``(D) create any legally enforceable right on the 
                part of a student to require an institution of higher 
                education to accept a transfer of credit from another 
                institution.
    ``(i) Disclosure of Fire Safety Standards and Measures.--
            ``(1) Annual fire safety reports on student housing 
        required.--Each eligible institution participating in any 
        program under this title that maintains on-campus student 
        housing facilities shall, on an annual basis, publish a fire 
        safety report, which shall contain information with respect to 
        the campus fire safety practices and standards of that 
        institution, including--
                    ``(A) statistics concerning the following in each 
                on-campus student housing facility during the most 
                recent calendar years for which data are available:
                            ``(i) the number of fires and the cause of 
                        each fire;
                            ``(ii) the number of injuries related to a 
                        fire that result in treatment at a medical 
                        facility;
                            ``(iii) the number of deaths related to a 
                        fire; and
                            ``(iv) the value of property damage caused 
                        by a fire;
                    ``(B) a description of each on-campus student 
                housing facility fire safety system, including the fire 
                sprinkler system;
                    ``(C) the number of regular mandatory supervised 
                fire drills;
                    ``(D) policies or rules on portable electrical 
                appliances, smoking, and open flames (such as candles), 
                procedures for evacuation, and policies regarding fire 
                safety education and training programs provided to 
                students, faculty, and staff; and
                    ``(E) plans for future improvements in fire safety, 
                if determined necessary by such institution.
            ``(2) Report to the secretary.--Each eligible institution 
        participating in any program under this title shall, on an 
        annual basis submit to the Secretary a copy of the statistics 
        required to be made available under subparagraph (A).
            ``(3) Current information to campus community.--Each 
        institution participating in any program under this title 
        shall--
                    ``(A) make, keep, and maintain a log, recording all 
                fires in on-campus student housing facilities, 
                including the nature, date, time, and general location 
                of each fire; and
                    ``(B) make annual reports to the campus community 
                on such fires.
            ``(4) Responsibilities of the secretary.--The Secretary 
        shall--
                    ``(A) make such statistics submitted to the 
                Secretary available to the public; and
                    ``(B) in coordination with nationally recognized 
                fire organizations and representatives of institutions 
                of higher education, representatives of associations of 
                institutions of higher education, and other 
                organizations that represent and house a significant 
                number of students--
                            ``(i) identify exemplary fire safety 
                        policies, procedures, programs, and practices;
                            ``(ii) disseminate information to the 
                        Administrator of the United States Fire 
                        Administration;
                            ``(iii) make available to the public 
                        information concerning those policies, 
                        procedures, programs, and practices that have 
                        proven effective in the reduction of fires; and
                            ``(iv) develop a protocol for institutions 
                        to review the status of their fire safety 
                        systems.
            ``(5) Rules of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) authorize the Secretary to require particular 
                policies, procedures, programs, or practices by 
                institutions of higher education with respect to fire 
                safety, other than with respect to the collection, 
                reporting, and dissemination of information required by 
                this subsection;
                    ``(B) affect the Family Educational Rights and 
                Privacy Act of 1974 or the regulations issued under 
                section 264 of the Health Insurance Portability and 
                Accountability Act of 1996 (42 U.S.C. 1320d-2 note);
                    ``(C) create a cause of action against any 
                institution of higher education or any employee of such 
                an institution for any civil liability; or
                    ``(D) establish any standard of care.
            ``(6) Compliance report.--The Secretary shall annually 
        report to the authorizing committees regarding compliance with 
        this subsection by institutions of higher education, including 
        an up-to-date report on the Secretary's monitoring of such 
        compliance.
            ``(7) Evidence.--Notwithstanding any other provision of 
        law, evidence regarding compliance or noncompliance with this 
        subsection shall not be admissible as evidence in any 
        proceeding of any court, agency, board, or other entity, except 
        with respect to an action to enforce this subsection.
            ``(8) Retaliation prohibited.--No participating institution 
        or officer, employee, or agent of the institution shall 
        intimidate, threaten, coerce, or otherwise discriminate against 
        any individual for the purpose of interfering with the 
        implementation of any provision of this subsection, or any 
        rights or privileges accorded under this subsection, or because 
        the individual has complained, testified, assisted, or 
        otherwise participated in any aspect of an investigation, 
        proceeding, or hearing.
    ``(j) Missing Person Procedures.--
            ``(1) Form and protocols.--Each institution of higher 
        education participating in any program under this title shall--
                    ``(A) include on its form for registration or 
                enrollment of students an item in which the student can 
                elect to identify an individual to be notified and 
                police to be notified by the university within 24 hours 
                of when a student is reported missing to the 
                university, and
                    ``(B) establish protocols for missing students 
                that--
                            ``(i) require any missing person report 
                        relating to any student be referred to the 
                        institution's police or campus security 
                        department; and
                            ``(ii) if, on investigation of the report, 
                        such department determines that the missing 
                        person has been missing for more than 24 hours, 
                        require--
                                    ``(I) such department to refer to 
                                the item on the registration document 
                                required under subparagraph (A) and 
                                contact the individual named by the 
                                student in such item; and
                                    ``(II) if the student is under 18 
                                years of age, the institution of higher 
                                education to automatically contact the 
                                parents of such student.
            ``(2) Waiver.--The item required by paragraph (1)(A) shall 
        explicitly and prominently state that by identifying an 
        individual to contact in the case of disappearance, the student 
        waives any right to sue based on Federal or State privacy law 
        in the event that a missing persons notification is made to the 
        individual named by such student in such item.
            ``(3) Additional remedies permitted.--Nothing in this 
        subsection shall be construed to prevent or discourage an 
        institution of higher education from taking additional measures 
        with respect to missing students beyond those required by this 
        subsection.
    ``(k) Notice to Students Concerning Penalties for Drug 
Violations.--
            ``(1) Notice upon enrollment.--Each institution of higher 
        education shall provide to each student, upon enrollment, a 
        separate, clear, and conspicuous written notice that advises 
        the student of the penalties under section 484(r).
            ``(2) Notice after loss of eligibility.--Within two weeks 
        of notification by the Secretary that a student has lost 
        eligibility under section 484(r) for any grant, loan, or work 
        assistance, an institution of higher education shall provide to 
        each such student affected by the penalties listed under 
        484(r)(1) a separate, clear, and conspicuous written notice 
        that notifies the student of the loss of eligibility and 
        advises the student of the ways in which the student can regain 
        eligibility under section 484(r)(2).''.
    (e) Disclosure of Athletically Related Graduation Rates.--Section 
485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read as follows:
            ``(3) For purposes of this subsection, institutions may--
                    ``(A) exclude from the reporting requirements under 
                paragraphs (1) and (2) the completion or graduation 
                rates of students and student athletes who leave school 
                to serve in the Armed Forces, on official church 
                missions, or with a recognized foreign aid service of 
                the Federal Government; or
                    ``(B) in cases in which the students described in 
                subparagraph (A) represent 20 percent or more of the 
                certificate- or degree-seeking, full-time, 
                undergraduate students at an institution, the 
                institution may calculate the completion or graduation 
                rates of such students by excluding from the 
                calculations described in paragraph (1) the time period 
                during which such students were not enrolled due to the 
                service described in subparagraph (A) of this 
                paragraph.''.

SEC. 489. ARTICULATION AGREEMENTS.

    Part G of title IV is amended by inserting after section 486 (20 
U.S.C. 1093) the following new section:

``SEC. 486A. ARTICULATION AGREEMENTS.

    ``(a) Program To Encourage Articulation Agreements.--
            ``(1) Program established.--The Secretary shall carry out a 
        program for States, in cooperation with public institutions of 
        higher education, to develop, enhance, and implement 
        comprehensive articulation agreements among such institutions 
        in a State, and (to the extent practicable) across State lines, 
        by 2010. Such articulation agreements shall be made widely and 
        publicly available on the websites of States and institutions. 
        In developing, enhancing, and implementing articulation 
        agreements, States and public institutions of higher education 
        may employ strategies, where applicable, including--
                    ``(A) common course numbering;
                    ``(B) a general education core curriculum;
                    ``(C) management systems regarding course 
                equivalency, transfer of credit, and articulation; and
                    ``(D) other strategies identified by the Secretary.
            ``(2) Technical assistance provided.--The Secretary shall 
        provide technical assistance to States and institutions of 
        higher education for the purposes of developing and 
        implementing articulation agreements in accordance with this 
        subsection.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to authorize the Secretary to require 
        particular policies, procedures, or practices by institutions 
        of higher education with respect to articulation agreements.
    ``(b) Study Required.--The Secretary shall conduct a study to 
review the articulation agreements at State-based college and 
university systems, including junior or community colleges, as well as 
those at other institutions of higher education. Such study shall 
consider--
            ``(1) the extent to which States and institutions have 
        developed and implemented articulation agreements;
            ``(2) with respect to the articulation agreements 
        developed--
                    ``(A) the number and types of institutions 
                participating the programs offered;
                    ``(B) the cost-savings to the participating 
                institutions and to the students;
                    ``(C) what strategies are being employed, including 
                common course numbering, general education core 
                curriculum, and management systems;
                    ``(D) the effective use of technologies to contain 
                costs, maintain quality of instruction, and inform 
                students; and
                    ``(E) a description of the students to whom the 
                articulation agreements are offered and, to the extent 
                practicable, a description of the students who take 
                advantage of the articulation agreements;
            ``(3) best practices and innovative strategies employed to 
        implement effective articulation agreements; and
            ``(4) barriers to the implementation of articulation 
        agreements, including technological and informational barriers.
    ``(c) Report.--The Secretary shall submit to the authorizing 
committees an interim report on the study required by this section not 
later than 2 years after the date of enactment of the College 
Opportunity and Affordability Act of 2008 and a final report on such 
study not later than January 1, 2013.
    ``(d) Definition.--In this section, the term `articulation 
agreement' means an agreement between institutions of higher education 
that specifies the acceptability of courses in transfer toward meeting 
specific degree or program requirements.''.

SEC. 490. PROGRAM PARTICIPATION AGREEMENTS.

    (a) Additional Requirements.--Section 487(a) (20 U.S.C. 1094(a)) is 
amended--
            (1) by adding at the end of paragraph (23) the following 
        new subparagraph:
            ``(D) The institution shall be considered in compliance 
        with the requirements of subparagraph (A) for each student to 
        whom the institution electronically transmits a message 
        containing a voter registration form acceptable for use in the 
        State in which the institution is located, or an Internet 
        address where such a form can be downloaded, provided such 
        information is in an electronic message devoted exclusively to 
        voter registration.''; and
            (2) by adding at the end the following new paragraphs:
            ``(24)(A) A covered institution that has entered into a 
        preferred lender arrangement will compile, maintain, and make 
        available for students attending the institution (or the 
        parents of such students) a list, in print or any other medium, 
        of the specific lenders for educational loans that the 
        institution recommends, promotes, or endorses in accordance 
        with such preferred lender arrangement. In compiling, 
        maintaining, and making available such list, the institution 
        will--
                    ``(i) clearly and fully disclose on such list--
                            ``(I) no less than the information required 
                        to be disclosed in the model disclosure form, 
                        or updated model disclosure form, required 
                        under section 153;
                            ``(II) why the institution has entered into 
                        a preferred lender arrangement with each listed 
                        lender, particularly with respect to terms and 
                        conditions favorable to the borrower; and
                            ``(III) that the students attending the 
                        institution (or the parents of such students) 
                        do not have to borrow from a listed lender;
                    ``(ii) ensure, through the use of the list provided 
                by the Secretary under subparagraph (B), that--
                            ``(I) there are not less than 3 lenders of 
                        loans made under part B that are not affiliates 
                        of each other included on such list and, if the 
                        institution recommends, promotes, or endorses 
                        private educational loans, there are not less 
                        than 2 lenders of private educational loans 
                        that are not affiliates of each other included 
                        on such list;
                            ``(II) the list under this subparagraph--
                                    ``(aa) specifically indicates, for 
                                each listed lender, whether the lender 
                                is or is not an affiliate of each other 
                                lender on the list; and
                                    ``(bb) if a lender is an affiliate 
                                of another lender on the list, 
                                describes the details of such 
                                affiliation;
                    ``(iii) prominently disclose the method and 
                criteria used by the institution in selecting lenders 
                with which to enter into preferred lender arrangements 
                to ensure that such lenders are selected on the basis 
                of the benefits provided to borrowers, including--
                            ``(I) highly competitive interest rates, 
                        terms, or conditions of Federal and private 
                        educational loans;
                            ``(II) high-quality servicing for such 
                        loans; or
                            ``(III) additional benefits beyond the 
                        standard terms and conditions for such loans;
                    ``(iv) exercise a duty of care and a duty of 
                loyalty to compile the list under this subparagraph 
                without prejudice and for the sole benefit of the 
                students attending the institution (or the parents of 
                such students);
                    ``(v) not deny or otherwise impede the borrower's 
                choice of a lender or cause unnecessary delays in loan 
                certification under this title for those borrowers who 
                choose a lender that has not been recommended, 
                promoted, or endorsed by the institution; and
                    ``(vi) comply with such other requirements as the 
                Secretary may prescribe by regulation.
            ``(B) The Secretary shall maintain and update a list of 
        lender affiliates of all eligible lenders, and shall provide 
        such list to the institutions for use in carrying out 
        subparagraph (A).
            ``(C) For the purposes of subparagraph (A)--
                    ``(i) the term `affiliate' means a person that 
                controls, is controlled by, or is under common control 
                with another person;
                    ``(ii) a person controls, is controlled by, or is 
                under common control with another person if--
                            ``(I) the person directly or indirectly, or 
                        acting through 1 or more others, owns, 
                        controls, or has the power to vote 5 percent or 
                        more of any class of voting securities of such 
                        other person;
                            ``(II) the person controls, in any manner, 
                        the election of a majority of the directors or 
                        trustees of such other person; or
                            ``(III) the Secretary determines (after 
                        notice and opportunity for a hearing) that the 
                        person directly or indirectly exercises a 
                        controlling interest over the management or 
                        policies of such other person;
                    ``(iii) the term `preferred lender arrangement' has 
                the meaning provided in section 151; and
                    ``(iv) the term `educational loans' has the meaning 
                provided in section 151, except that such term does not 
                include loans under section 499(b) or under parts D or 
                E of this title.
            ``(25) The institution will submit to the Secretary 
        annually, in such form as the Secretary may prescribe, data 
        on--
                    ``(A) the number and percentage of students taking 
                classes in whole or in part on-line or through distance 
                education;
                    ``(B) of such students, the number and percentage 
                of those taking their classes exclusively on-line or 
                through distance education; and
                    ``(C) the number and percentage of courses offered 
                by the institution that are offered on-line or through 
                distance education.''.
    (b) Reports on Disciplinary Proceedings.--
            (1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is 
        further amended by adding after paragraph (25), as added by 
        subsection (a) of this section, the following new paragraph:
            ``(26) The institution will, upon request, disclose to the 
        alleged victim of any crime of violence (as that term is 
        defined in section 16 of title 18), or a nonforcible sex 
        offense, the final results of any disciplinary proceeding 
        conducted by such institution against a student who is the 
        alleged perpetrator of such crime or offense with respect to 
        such crime or offense. If the alleged victim of such crime or 
        offense is deceased, the next of kin of such victim shall be 
        treated as the alleged victim for purposes of this 
        paragraph.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to any disciplinary proceeding 
        conducted by such institution on or after one year after the 
        date of enactment of this Act.
    (c) Enforcing the 90/10 Rule.--
            (1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is 
        further amended by adding at the end the following new 
        paragraph:
            ``(27) A proprietary institution of higher education (as 
        defined in section 102(b)) will, as calculated in accordance 
        with subsection (f)(1) of this section, have not less than 10 
        percent of its revenues from sources other than funds provided 
        under this title, or will be subject to the sanctions described 
        in subsection (f)(2) of this section.''.
            (2) Implementation.--Section 487 is further amended by 
        adding at the end the following new subsection:
    ``(f) Implementation of Non-Title IV Revenue Requirement.--
            ``(1) Calculation.--In carrying out subsection (a)(27), a 
        proprietary institution of higher education shall--
                    ``(A) use the cash basis of accounting;
                    ``(B) consider as revenue only those funds 
                generated by the institution from--
                            ``(i) tuition, fees, and other 
                        institutional charges for students enrolled in 
                        programs eligible for assistance under this 
                        title;
                            ``(ii) activities conducted by the 
                        institution, to the extent not included in 
                        tuition, fees, and other institutional charges, 
                        that are necessary for the education or 
                        training of its students who are enrolled in 
                        programs eligible for assistance under this 
                        title, if such activities are--
                                    ``(I) conducted on campus or at a 
                                facility under the control of the 
                                institution;
                                    ``(II) performed under the 
                                supervision of a member of the 
                                institution's faculty; and
                                    ``(III) required to be performed by 
                                all students in a specific educational 
                                program at the institution; and
                            ``(iii) funds paid by a student, or on 
                        behalf of a student by a party other than the 
                        institution, for an education or training 
                        program that is not eligible for funds under 
                        this title, provided that the program is 
                        approved or licensed by the appropriate State 
                        agency and is accredited by an accrediting 
                        agency recognized by the Secretary;
                    ``(C) presume that any title IV program funds 
                disbursed or delivered to or on behalf of a student 
                will be used to pay the student's tuition, fees, or 
                other institutional charges, regardless of whether the 
                institution credits those funds to the student's 
                account or pays those funds directly to the student, 
                except to the extent that the student's tuition, fees, 
                or other institutional charges are satisfied by--
                            ``(i) grant funds provided by non-Federal 
                        public agencies or private sources independent 
                        of the institution;
                            ``(ii) funds provided under a contractual 
                        arrangement with Federal, State, or local 
                        government agencies for the purpose of 
                        providing job training to low-income 
                        individuals who are in need of that training; 
                        or
                            ``(iii) funds used by a student from 
                        savings plans for educational expenses 
                        established by or on behalf of the student and 
                        which qualify for special tax treatment under 
                        the Internal Revenue Code of 1986, provided 
                        that the institution can reasonable demonstrate 
                        such funds were used to pay the student's 
                        tuition, fees, or other institutional charges;
                    ``(D) include institutional aid as revenue to the 
                school only as follows:
                            ``(i) in the case of loans made by an 
                        institution, for each of the institution's 
                        fiscal years 2009 through 2012, the principal 
                        amount of loans made by the institution, based 
                        on the expected interest earned less the 
                        estimated amount to account for future defaults 
                        and loan forgiveness accounted for on an 
                        accrual basis, in accordance with Generally 
                        Accepted Accounting Principles and related 
                        standards and guidance, if the loans are bona 
                        fide as evidenced by enforceable promissory 
                        notes, are issued at intervals related to the 
                        institution's enrollment periods, and are 
                        subject to regular loan repayments and 
                        collections;
                            ``(ii) in the case of loans made by an 
                        institution, for the institution's fiscal year 
                        2013 and each of the institution's subsequent 
                        fiscal years, only the amount of loan 
                        repayments received during the fiscal year; and
                            ``(iii) in the case of institutional 
                        scholarships, only those provided by the 
                        institution in the form of monetary aid or 
                        tuition discounts based upon the academic 
                        achievements or financial need of students, 
                        disbursed during the fiscal year from an 
                        established restricted account, and only to the 
                        extent that funds in that account represent 
                        designated funds from an outside source or from 
                        income earned on those funds;
                    ``(E) exclude from revenues--
                            ``(i) the amount of funds it received under 
                        the Federal Work-Study program, unless the 
                        institution used those funds to pay a student's 
                        institutional charges;
                            ``(ii) the amount of funds it received 
                        under the Leveraging Education Assistance 
                        Partnership program;
                            ``(iii) the amount of institutional funds 
                        it used to match title IV program funds;
                            ``(iv) the amount of title IV program funds 
                        that must be refunded or returned; or
                            ``(v) the amount charged for books, 
                        supplies, and equipment unless the institution 
                        includes that amount as tuition, fees, or other 
                        institutional charges.
            ``(2) Sanctions.--
                    ``(A) An institution that fails to meet the 
                requirements of subsection (a)(27) for 2 consecutive 
                fiscal years shall become ineligible to participate in 
                the programs authorized by this title. To regain 
                eligibility to participate in the programs authorized 
                by this title, an institution that loses its 
                eligibility as a sanction under this subparagraph must 
                demonstrate compliance with all eligibility 
                requirements for at least the 3 fiscal years following 
                the fiscal year the institution became ineligible.
                    ``(B) In addition to such other means of enforcing 
                the requirements of this title as may be available to 
                the Secretary, if an institution fails to meet the 
                requirements of subsection (a)(27) in any fiscal year, 
                the Secretary shall impose sanctions on the 
                institution, which shall include--
                            ``(i) placing the institution on 
                        provisional certification in accordance with 
                        section 498(h) until the institution 
                        demonstrates, to the satisfaction of the 
                        Secretary, that it is in compliance with 
                        subsection (a)(27);
                            ``(ii) requiring the institution to provide 
                        to the Secretary satisfactory evidence of its 
                        financial responsibility in accordance with 
                        section 498(c)(3); and
                            ``(iii) requiring such other increased 
                        monitoring and reporting requirements as the 
                        Secretary determines necessary until the 
                        institution demonstrates, to the satisfaction 
                        of the Secretary, that it is in compliance with 
                        subsection (a)(27).
            ``(3) Publication on college navigator website.--The 
        Secretary shall publicly disclose the identity of any 
        institution that fails to meet the requirements of subsection 
        (a)(27) on the College Navigator website.
            ``(4) Report to congress.--The Secretary shall annually 
        submit to the authorizing committees a report that contains, 
        for each institution subject to the requirement of subsection 
        (a)(27), the result of the calculation of revenue performed by 
        each such institution pursuant to such subsection and paragraph 
        (1) of this subsection.''.
    (d) Computer Disposal.--Section 487(a) is further amended by adding 
at the end the following new paragraph:
            ``(28)(A) The institution of higher education will 
        establish a policy on the disposal or disposition (including 
        selling, donating, returning upon lease end, or destroying by 
        recycling), of all technology assets which may have personal 
        and sensitive data of students. Such policy may include a 
        forensic scrub that ensures total destruction of data on the 
        technology assets and include a designated for disposal or 
        disposition, transfer ownership and liability from that 
        institution to State and federally approved recyclers or de-
        manufacturers of such equipment.
            ``(B) For purposes of this paragraph, the term `technology 
        assets' means a computer central processing unit, monitor, 
        printer, router, server, peripheral devices (such as switches, 
        hubs, and systems), firewalls, telephones, or other simple 
        network devices or single piece of information technology 
        equipment.''.
    (e) Commitment to and Notice of Tuition Levels.--
            (1) Amendment.--Section 487(a) is further amended by adding 
        at the end the following new paragraph:
            ``(29)(A) The institution will provide to each admitted 
        student considering an undergraduate or graduate program--
                    ``(i) a multi-year tuition and fee schedule; or
                    ``(ii) a single-year tuition and fee schedule, and 
                nonbinding, multi-year estimate of net costs after all 
                financial aid is awarded, assuming constant family and 
                student income, assets, and relevant circumstances.
            ``(B) Multi-year schedules and estimates required by 
        subparagraph (A)--
                    ``(i) may include a percentage or dollar increase 
                or decrease of any size the institution deems 
                appropriate from one year to the next; and
                    ``(ii) shall indicate, on a year-by-year basis, 
                costs for the normal duration of the relevant student's 
                undergraduate or graduate program.
            ``(C) Institutions that elect a single-year tuition and fee 
        schedule under subparagraph (A)(ii) shall include with each 
        multi-year estimate the average deviation, in percentage terms, 
        between previous year estimates and actual net costs for 
        students at their institution.
            ``(D) The Secretary shall waive the requirements of 
        subparagraph (A), and of the commitment made therender, if the 
        institution demonstrates to the Secretary that the requirements 
        of subparagraph (A) are not practicable because of the 
        occurrence of one or more events causing the institution severe 
        economic distress, dramatic reduction of State or Federal aid, 
        or any other circumstance the Secretary deems valid.''.
            (2) Effective date.--The amendment made by this subsection 
        shall be effective on July 1, 2009.
    (f) Audits; Financial Responsibility; Enforcement of Standards.--
Section 487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is amended--
            (1) in clause (i)--
                    (A) by striking ``clauses (ii) and (iii)'' and 
                inserting ``clauses (ii), (iii), and (iv)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, except that the Secretary may modify 
                the requirements of this clause with respect to 
                institutions of higher education that are foreign 
                institutions, and may waive such requirements with 
                respect to a foreign institution whose students receive 
                less than $500,000 in loans under this title during the 
                award year preceding the audit period'';
            (2) in clause (ii), by striking ``or'' after the semicolon;
            (3) in clause (iii), by inserting ``or'' after the 
        semicolon; and
            (4) by inserting after clause (iii) the following new 
        clause:
                    ``(iv) with respect to an eligible institution that 
                is audited under clause (i), and for which it is 
                determined through such audit that the percentage of 
                students enrolled at the institution who were accepted 
                for enrollment and made eligible for student financial 
                assistance under this title by way of section 484(d)(2) 
                exceeds 5 percent of the total enrollment of the 
                institution for such academic year, an additional 
                review to confirm that the institution is in compliance 
                with the regulations prescribed by the Secretary under 
                section 484(d);''.
    (f) Institutional Certifications for Private Educational Loans.--
Section 487(a) is further amended by adding at the end the following 
new paragraph:
            ``(29)(A) The institution will--
                            ``(i) upon the request of a private 
                        educational lender, acting in connection with 
                        an application initiated by a consumer for a 
                        private educational loan, provide certification 
                        to such private educational lender--
                                    ``(I) that the student who 
                                initiated the application for the 
                                private educational loan, or on whose 
                                behalf the application was initiated, 
                                is enrolled or is scheduled to enroll 
                                at the institution;
                                    ``(II) of the student's cost of 
                                attendance at the institution as 
                                determined under part F of this title; 
                                and
                                    ``(III) of the difference between 
                                the cost of attendance of the 
                                institution and the student's estimated 
                                financial assistance received under 
                                this title and other assistance known 
                                to the institution;
                            ``(ii) disclose a borrower's ability to 
                        select a private educational lender of the 
                        borrower's choice; and
                            ``(iii) inform students about the impact of 
                        a proposed private educational loan on the 
                        students' potential eligibility for other 
                        financial assistance, including Federal 
                        financial assistance under this title.
            ``(B) For purposes of this paragraph, the terms `private 
        educational lender' and `private educational loan' have the 
        meanings given in section 140 of the Truth in Lending Act (15 
        U.S.C. 1631 et seq.).''.

SEC. 491. REGULATORY RELIEF AND IMPROVEMENT.

    Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary shall continue the 
        voluntary participation of any experimental sites in existence 
        as of July 1, 2007, unless the Secretary determines that such 
        site's participation has not been successful in carrying out 
        the purposes of this section. Any activities approved by the 
        Secretary prior to such date that have not been successful in 
        carrying out the purposes of this section shall be discontinued 
        not later than June 30, 2009.'';
            (2) by striking the matter preceding paragraph (2)(A) and 
        inserting the following:
            ``(2) Report.--The Secretary shall review and evaluate the 
        experience of institutions participating as experimental sites 
        and shall, on a biennial basis, submit a report based on the 
        review and evaluation to the authorizing committees. Such 
        report shall include--''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``Upon the submission of 
                        the report required by paragraph (2), the'' and 
                        inserting ``The''; and
                            (ii) by inserting ``periodically'' after 
                        ``authorized to'';
                    (B) by striking subparagraph (B);
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B); and
                    (D) in subparagraph (B) (as redesignated by 
                subparagraph (C))--
                            (i) by inserting ``, including requirements 
                        related to the award process and disbursement 
                        of student financial aid (such as innovative 
                        delivery systems for modular or compressed 
                        courses, or other innovative systems), 
                        verification of student financial aid 
                        application data, entrance and exit interviews, 
                        or other management procedures or processes as 
                        determined in the negotiated rulemaking process 
                        under section 492'' after ``requirements in 
                        this title'';
                            (ii) by inserting ``(other than an award 
                        rule related to an experiment in modular or 
                        compressed schedules)'' after ``award rules''; 
                        and
                            (iii) by inserting ``unless the waiver of 
                        such provisions is authorized by another 
                        provision under this title'' before the period 
                        at the end.

SEC. 492. TRANSFER OF ALLOTMENTS.

    Section 488 (20 U.S.C. 1095) is amended by striking ``section 
413D.'' and inserting ``section 413D or 462 (or both).''.

SEC. 493. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.

    Section 491 (20 U.S.C. 1098) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) to provide knowledge and understanding of 
                early intervention programs and make recommendations 
                that will result in early awareness by low- and 
                moderate-income students and families of their 
                eligibility for assistance under this title, and, to 
                the extent practicable, their eligibility for other 
                forms of State and institutional need-based student 
                assistance; and
                    ``(E) to make recommendations that will expand and 
                improve partnerships among the Federal Government, 
                States, institutions, and private entities to increase 
                the awareness and total amount of need-based student 
                assistance available to low- and moderate-income 
                students.'';
            (2) in subsection (d)--
                    (A) in paragraph (6), by striking ``, but nothing 
                in this section shall authorize the committee to 
                perform such studies, surveys, or analyses'';
                    (B) in paragraph (8), by striking ``and'' after the 
                semicolon;
                    (C) by redesignating paragraph (9) as paragraph 
                (10); and
                    (D) by inserting after paragraph (8) the following:
            ``(9) monitor the adequacy of total need-based aid 
        available to low- and moderate-income students from all 
        sources, assess the implications for access and persistence, 
        and report those implications annually to Congress and the 
        Secretary; and'';
            (3) in subsection (j)(1)--
                    (A) by inserting ``and simplification'' after 
                ``delivery processes''; and
                    (B) by striking ``, including the implementation of 
                a performance-based organization within the Department, 
                and report to Congress regarding such modernization on 
                not less than an annual basis''; and
            (4) in subsection (k), by striking ``2004'' and inserting 
        ``2011''.

SEC. 494. NEGOTIATED RULEMAKING.

    Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by striking 
``from individuals nominated by groups described in subsection (a)(1)'' 
and inserting ``from individuals who are nominated by groups described 
in subsection (a)(1) and who have recognized legitimacy as designated 
representatives of major stakeholders, sectors, and constituencies in 
the higher education community''.

SEC. 495. TECHNICAL AMENDMENT.

    Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking 
``or is already in default''.

SEC. 495A. CAMPUS-BASED DIGITAL THEFT PREVENTION.

    Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by 
adding at the end the following new section:

``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

    ``(a) In General.--Each eligible institution participating in any 
program under this title shall to the extent practicable--
            ``(1) make publicly available to their students and 
        employees, the policies and procedures related to the illegal 
        downloading and distribution of copyrighted materials required 
        to be disclosed under section 485(a)(1)(P); and
            ``(2) develop a plan for offering alternatives to illegal 
        downloading or peer-to-peer distribution of intellectual 
        property as well as a plan to explore technology-based 
        deterrents to prevent such illegal activity.
    ``(b) Grants.--
            ``(1) Program authority.--The Secretary may make grants to 
        institutions of higher education, or consortia of such 
        institutions, and enter into contracts with such institutions, 
        consortia, and other organizations, to develop, implement, 
        operate, improve, and disseminate programs of prevention, 
        education, and cost-effective technological solutions, to 
        reduce and eliminate the illegal downloading and distribution 
        of intellectual property. Such grants or contracts may also be 
        used for the support of a higher education centers that will 
        provide training, technical assistance, evaluation, 
        dissemination, and associated services and assistance to the 
        higher education community as determined by the Secretary and 
        institutions of higher education.
            ``(2) Awards.--Grants and contracts shall be awarded under 
        paragraph (1) on a competitive basis.
            ``(3) Applications.--An institution of higher education or 
        a consortium of such institutions that desires to receive a 
        grant or contract under paragraph (1) shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing or accompanied by such information as the Secretary 
        may reasonably require by regulation.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary for fiscal year 2009 and for each of 
        the 4 succeeding fiscal years.''.

                       PART H--PROGRAM INTEGRITY

SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.

    (a) Amendments.--Section 496 (20 U.S.C. 1099b) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)--
                            (i) by striking ``(4) such agency'' and 
                        insert ``(4)(A) such agency'';
                            (ii) by inserting ``and'' after the 
                        semicolon at the end; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(B) if such agency or association has or seeks to include 
        within its scope of recognition the evaluation of the quality 
        of institutions or programs offering distance education, such 
        agency or association shall, in addition to meeting the other 
        requirements of this subpart, demonstrate to the Secretary 
        that--
                    ``(i) the agency or association's standards 
                effectively address the quality of an institution's 
                distance education in the areas identified in paragraph 
                (5), except that the agency or association shall not be 
                required to have separate standards, procedures or 
                policies for the evaluation of distance education 
                institutions or programs in order to meet the 
                requirements of this subparagraph, nor shall the agency 
                or association be required to obtain the approval of 
                the Secretary to expand its scope of accreditation to 
                include distance education, provided that the agency or 
                association notifies the Secretary in writing of the 
                change in scope; and
                    ``(ii) the agency or association requires an 
                institution that offers distance education to have 
                processes through which the institution establishes 
                that the student who registers in a distance education 
                course or program is the same student who participates 
                in and completes the program and receives the academic 
                credit;'';
                    (B) in paragraph (5), by amending subparagraph (A) 
                to read as follows:
                    ``(A) success with respect to student achievement 
                in relation the institution's mission, which may 
                include different standards for different institutions 
                or programs, as established by the institution, 
                including, as appropriate, consideration of State 
                licensing examinations, consideration of course 
                completion, and job placement rates;'';
                    (C) by striking paragraph (6) and inserting the 
                following:
            ``(6) such agency or association shall establish and apply 
        review procedures throughout the accrediting process, including 
        evaluation and withdrawal proceedings which comply with due 
        process procedures that provide for--
                    ``(A) adequate specification of requirements, 
                including clear and consistent standards for an 
                institution to be accredited, and deficiencies at the 
                institution of higher education or program examined;
                    ``(B) an opportunity for a written response by any 
                such institution to be included, prior to final action, 
                in the evaluation and withdrawal proceedings;
                    ``(C) upon the written request of an institution, 
                an opportunity for the institution to appeal any 
                adverse action, including denial, withdrawal, 
                suspension, or termination of accreditation, at a 
                hearing prior to such action becoming final, before an 
                appeals panel that--
                            ``(i) shall not include current members of 
                        the agency or association's underlying 
                        decision-making body that made the adverse 
                        decision; and
                            ``(ii) is subject to a conflict of interest 
                        policy; and
                    ``(D) the right to representation by counsel for 
                such an institution during an appeal of the adverse 
                action;''; and
                    (D) by striking paragraph (8) and inserting the 
                following:
            ``(8) such agency or association shall make available to 
        the public and the State licensing or authorizing agency, and 
        submit to the Secretary, a summary of agency or association 
        actions, including--
                    ``(A) the award of accreditation or reaccreditation 
                of an institution;
                    ``(B) final denial, withdrawal, suspension, or 
                termination of accreditation, and any findings made in 
                connection with the action taken, together with the 
                official comments of the affected institution; and
                    ``(C) any other adverse action taken with respect 
                to an institution;
            ``(9) such agency or association confirms, as a part of the 
        agency or association's review for accreditation or 
        reaccreditation, that the institution has transfer of credit 
        policies--
                    ``(A) that are publicly disclosed; and
                    ``(B) that include a statement of the criteria 
                established by the institution regarding the transfer 
                of credit earned at another institution of higher 
                education;
            ``(10) such agency or association reviews and takes into 
        consideration the institution's response in any review or 
        determination, and includes in any determination a written 
        statement addressing the institution's response and stating the 
        basis for such determination, and a copy of the institution's 
        response; and
            ``(11) such agency or association shall not make a 
        determination or take adverse action based upon an unpublished 
        or undocumented policy, practice, or precedent.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, including 
                those regarding distance education'' after ``their 
                responsibilities'';
                    (B) by redesignating paragraphs (2) through (6) as 
                paragraphs (4) through (8); and
                    (C) by inserting after paragraph (1) (as amended by 
                subparagraph (A)) the following:
            ``(2) monitors the growth of programs at institutions that 
        are experiencing significant enrollment growth;
            ``(3) requires an institution to submit a teach-out plan 
        for approval to the accrediting agency upon the occurrence of 
        any of the following events--
                    ``(A) the Department notifies the accrediting 
                agency of an action against the institution pursuant to 
                section 487(d);
                    ``(B) the accrediting agency acts to withdraw, 
                terminate, or suspend the accreditation of an 
                institution; and
                    ``(C) the institution notifies the accrediting 
                agency that the institution intends to cease 
                operations;'';
            (3) in subsection (g), by adding at the end the following: 
        ``Nothing in this section shall be construed to permit the 
        Secretary to establish any criteria that specifies, defines, or 
        prescribes the standards that accrediting agencies or 
        associations shall use to assess any institution's success with 
        respect to student achievement.''; and
            (4) in subsection (o), by adding at the end the following: 
        ``Notwithstanding any other provision of law, the Secretary 
        shall not promulgate any regulation with respect to subsection 
        (a)(5).''.
    (b) Rule of Construction.--Section 496 is further amended by adding 
at the end the following new subsection:
    ``(p) Rule of Construction.--Nothing in subsection (a)(5) of this 
section shall restrict the authority of--
            ``(1) an accrediting agency or association to set, with the 
        involvement of its members, and to apply accreditation 
        standards to institutions or programs that seek review by the 
        agency or association; or
            ``(2) an institution to develop and use institutional 
        standards to show its success with respect to student 
        achievement, which shall be considered as part of any 
        accreditation review.''.
    (c) Additional Amendment.--Section 496(a)(4)(A) as amended by 
subsection (a) is further amended by inserting after ``consistently 
applies and enforces standards'' the following: ``that respect the 
stated mission of the institution of higher education, including 
religious missions, and''.

SEC. 497. ACCREDITATION OMBUDSMAN.

    Subpart 2 of part H of title IV is amended by inserting after 
section 496 (20 U.S.C. 1099b) the following new section:

``SEC. 497. ACCREDITATION OMBUDSMAN.

    ``(a) Appointment.--The Assistant Secretary for Postsecondary 
Education, in consultation with the Secretary, shall appoint an 
Accreditation Ombudsman to provide timely assistance to institutions of 
higher education, accrediting agencies and associations, and other 
participants in the accreditation process who may have grievances 
related to the functions described in subsection (c).
    ``(b) Public Information.--The Assistant Secretary for 
Postsecondary Education shall disseminate information about the 
availability and functions of the Ombudsman to institutions of higher 
education, accrediting agencies and associations, and other 
participants in the accreditation process.
    ``(c) Functions of Ombudsman.--The Ombudsman appointed under this 
section shall--
            ``(1) in accordance with regulations of the Secretary, 
        receive, review, and attempt to resolve complaints from 
        institutions of higher education, accrediting agencies and 
        associations, and other participants in the accreditation 
        process described in subsection (a), including, as appropriate, 
        attempts to resolve such complaints within the Department of 
        Education and with institutions of higher education, 
        accreditation agencies and associations, and other participants 
        in title IV programs; and
            ``(2) compile and analyze data on institutions of higher 
        education and accrediting agency and association complaints and 
        make appropriate recommendations.
    ``(d) Report.--Each year, the Ombudsman shall submit a report to 
the Assistant Secretary for Postsecondary Education, for inclusion in 
the annual report under section 114, that describes the activities, and 
evaluates the effectiveness of the Ombudsman during the preceding 
year.''.

SEC. 498. PROGRAM REVIEW AND DATA.

    Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(6) provide the institution adequate opportunity to 
        review and respond to any program review report or audit 
        finding before any final program review or audit determination 
        is reached, including access to any and all workpapers, notes, 
        documentation, records, or other information relating to the 
        program review report or audit finding;
            ``(7) review and take into consideration the institution's 
        response in any final program review or audit determination, 
        and include in the final determination a written statement 
        addressing the institution's response and stating the basis for 
        such final determination, and a copy of the institution's 
        response; and
            ``(8) maintain and preserve at all times the 
        confidentiality of any program review report until the 
        requirements of paragraphs (6) and (7) are met, and until a 
        final program review determination has been issued.''.

SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.

    Section 499 (as added by section 701 of the College Cost Reduction 
and Access Act of 2007) is amended by adding at the end the following 
new subsections:
    ``(c) Required Initial Evaluation.--The Secretary and Secretary of 
the Treasury shall jointly conduct an evaluation, in consultation with 
the Office of Management and Budget, the Congressional Budget Office, 
and the Comptroller General, of the pilot program carried out by the 
Secretary under this section. The evaluation shall determine--
            ``(1) the extent of the savings to the Federal Government 
        that are generated through the pilot program, compared to the 
        cost the Federal Government would have incurred in operating 
        the PLUS loan program under section 428B in the absence of the 
        pilot program;
            ``(2) the number of lenders that participated in the pilot 
        program, and the extent to which the pilot program generated 
        competition among lenders to participate in the auctions under 
        the pilot program;
            ``(3) the number and volume of loans made under the pilot 
        in each State;
            ``(4) the effect of the transition to and operation of the 
        pilot program on the ability of--
                    ``(A) lenders participating in the pilot program to 
                originate loans made through the pilot program smoothly 
                and efficiently;
                    ``(B) institutions of higher education 
                participating in the pilot program to disburse loans 
                made through the pilot program smoothly and 
                efficiently; and
                    ``(C) parents to obtain loans made through the 
                pilot program in a timely and efficient manner;
            ``(5) the differential impact, if any, of the auction among 
        the States, including between rural and non-rural States;
            ``(6) the feasibility of using the mechanism piloted to 
        operate the other loan programs under part B of this title;
            ``(7) the feasibility of using other market mechanisms to 
        operate the loan programs under part B of this title, including 
        the sale of securities backed by federally owned student loan 
        assets originated by banks acting as agents of the Federal 
        Government; and
            ``(8) the feasibility of a specific alternative market-
        based mechanism that will--
                    ``(A) determine lender returns;
                    ``(B) result in reduced Federal costs on a program-
                wide basis, on loans made, insured, or guaranteed under 
                part B of this title, excluding from consideration the 
                Federal PLUS loans described in section 428B that are 
                the subject of the competitive loan auction pilot 
                program under this section;
                    ``(C) include not more than--
                            ``(i) 10 percent of the annual loan volume 
                        under this part B of this title during the 
                        first year of the alternative pilot program; 
                        and
                            ``(ii) 20 percent of the annual loan volume 
                        under this part B of this title during the 
                        subsequent years of the alternative pilot 
                        program;
                    ``(D) permit participation in any alternative 
                auction-based pilot program on a voluntary basis for 
                eligible institutions and eligible lenders 
                participating under part B of this title prior to July 
                1, 2007; and
                    ``(E) provide for all savings to the United States 
                Treasury generated by such alternative pilot program to 
                be distributed to institutions participating under this 
                section on a basis proportionate to loan volume under 
                such part for supplemental, need-based financial aid, 
                except than an institution that is operating as an 
                eligible lender under section 435(d)(2) shall not be 
                eligible for any such distribution.
    ``(d) Reports.--The Secretary and the Secretary of the Treasury 
shall submit to the authorizing committees--
            ``(1) not later than September 1, 2010, a preliminary 
        report regarding the findings of the evaluation described in 
        subsection (c);
            ``(2) not later than September 1, 2012, an interim report 
        regarding such findings; and
            ``(3) not later than September 1, 2013, a final report 
        regarding such findings.
    ``(e) Independent Evaluation.--The Government Accountability Office 
shall conduct an independent evaluation of any auction or auctions 
conducted under this section no later than September 1, 2013.''.

                      TITLE V--TITLE V AMENDMENTS

SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.

    (a) Establishment of Program.--Title V is amended--
            (1) by redesignating part B as part C;
            (2) by redesignating sections 511 through 518 as sections 
        521 through 528, respectively; and
            (3) by inserting after section 505 (20 U.S.C. 1101d) the 
        following new part:

   ``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
                               AMERICANS

``SEC. 511. PURPOSES.

    ``The purposes of this part are--
            ``(1) to expand postbaccalaureate educational opportunities 
        for, and improve the academic attainment of, Hispanic students; 
        and
            ``(2) to expand the postbaccalaureate academic offerings 
        and enhance the program quality in the institutions that are 
        educating the majority of Hispanic college students and helping 
        large numbers of Hispanic and low-income students complete 
        postsecondary degrees.

``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.

    ``(a) Program Authorized.--Subject to the availability of funds 
appropriated to carry out this part, the Secretary shall award 
competitive grants to Hispanic-serving institutions determined by the 
Secretary to be making substantive contributions to graduate 
educational opportunities for Hispanic students.
    ``(b) Eligibility.--For the purposes of this part, an `eligible 
institution' means an institution of higher education that--
            ``(1) is an eligible institution under section 502(a)(2); 
        and
            ``(2) offers a postbaccalaureate certificate or degree 
        granting program.

``SEC. 513. AUTHORIZED ACTIVITIES.

    ``Grants awarded under this part shall be used for one or more of 
the following activities:
            ``(1) Purchase, rental, or lease of scientific or 
        laboratory equipment for educational purposes, including 
        instructional and research purposes.
            ``(2) Construction, maintenance, renovation, and 
        improvement of classrooms, libraries, laboratories, and other 
        instructional facilities, including purchase or rental of 
        telecommunications technology equipment or services.
            ``(3) Purchase of library books, periodicals, technical and 
        other scientific journals, microfilm, microfiche, and other 
        educational materials, including telecommunications program 
        materials.
            ``(4) Support for needy postbaccalaureate students 
        including outreach, academic support services, mentoring, 
        scholarships, fellowships, and other financial assistance to 
        permit the enrollment of such students in postbaccalaureate 
        certificate and degree granting programs.
            ``(5) Support of faculty exchanges, faculty development, 
        faculty research, curriculum development, and academic 
        instruction.
            ``(6) Creating or improving facilities for Internet or 
        other distance learning academic instruction capabilities, 
        including purchase or rental of telecommunications technology 
        equipment or services.
            ``(7) Collaboration with other institutions of higher 
        education to expand postbaccalaureate certificate and degree 
        offerings.
            ``(8) Other activities proposed in the application 
        submitted pursuant to section 514 that--
                    ``(A) contribute to carrying out the purposes of 
                this part; and
                    ``(B) are approved by the Secretary as part of the 
                review and acceptance of such application.

``SEC. 514. APPLICATION AND DURATION.

    ``(a) Application.--Any eligible institution may apply for a grant 
under this part by submitting an application to the Secretary at such 
time and in such manner as determined by the Secretary. Such 
application shall demonstrate how the grant funds will be used to 
improve postbaccalaureate education opportunities in programs and 
professions in which Hispanic Americans are underrepresented.
    ``(b) Duration.--Grants under this part shall be awarded for a 
period not to exceed 5 years.
    ``(c) Limitation.--The Secretary shall not award more than one 
grant under this part in any fiscal year to any Hispanic-serving 
institution.''.
    (b) Cooperative Arrangements.--Section 524(a) (as redesignated by 
subsection (a)(2)) (20 U.S.C. 1103c(a)) is amended by inserting ``and 
section 513'' after ``section 503''.
    (c) Authorization of Appropriations.--Subsection (a) of section 528 
(as redesignated by subsection (a)(2) of this section) (20 U.S.C. 
1103g) is amended to read as follows:
    ``(a) Authorizations.--
            ``(1) Part a.--There are authorized to be appropriated to 
        carry out part A and part C of this title $175,000,000 for 
        fiscal year 2009 and such sums as may be necessary for each of 
        the 4 succeeding fiscal years.
            ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of this title $125,000,000 for fiscal year 
        2009 and such sums as may be necessary for each of the 4 
        succeeding fiscal years.''.
    (d) Minimum Grant Amount.--Section 528 (as redesignated by 
subsection (a)(2) of this section) (20 U.S.C. 1103g) is amended by 
adding at the end the following:
    ``(c) Minimum Grant Amount.--The minimum amount of a grant under 
this title shall be $200,000.''.
    (e) Part A Authorized Uses of Funds.--Section 503(b) (20 U.S.C. 
1101b(b)) is amended--
            (1) by redesignating paragraph (14) as paragraph (15); and
            (2) by inserting after paragraph (13) the following new 
        paragraph:
            ``(14) Providing education or financial information 
        designed to improve the financial literacy and economic 
        literacy of students or the students' parents, especially with 
        regard to student indebtedness and student assistance programs 
        under the title IV.''.

                     TITLE VI--TITLE VI AMENDMENTS

SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.

    (a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is 
amended--
            (1) in subsection (a)(3), by striking ``post-Cold War'';
            (2) in subsection (b)(1), by striking ``; and'' at the end 
        of subparagraph (D) and inserting ``, including through 
        linkages overseas with institutions of higher education and 
        relevant organizations that contribute to the educational 
        programs assisted under this part; and''; and
            (3) in subsection (b)(3) by inserting ``, and international 
        business and trade competitiveness'' before the period.
    (b) Graduate and Undergraduate Language and Area Centers and 
Programs.--Section 602(a) (20 U.S.C. 1122(a)) is amended--
            (1) in paragraph (1), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--The Secretary is authorized to 
                make grants to institutions of higher education or 
                consortia of such institutions for the purpose of 
                establishing, strengthening, and operating--
                            ``(i) comprehensive foreign language and 
                        area or international studies centers and 
                        programs; and
                            ``(ii) a diverse network of undergraduate 
                        foreign language and area or international 
                        studies centers and programs.'';
            (2) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (G);
                    (B) by striking the period at the end of 
                subparagraph (H) and inserting a semicolon; and
                    (C) by inserting after subparagraph (H) the 
                following new subparagraphs:
                    ``(I) supporting instructors of the less commonly 
                taught languages; and
                    ``(J) projects that support in students an 
                understanding of science and technology in coordination 
                with foreign language proficiency.''; and
            (3) in paragraph (4)--
                    (A) by amending subparagraph (B) to read as 
                follows:
                    ``(B) Partnerships or programs of linkage and 
                outreach with 2-year and 4-year colleges and 
                universities, including colleges of education and 
                teacher professional development programs.'';
                    (B) in subparagraph (C), by striking ``Programs of 
                linkage or outreach'' and inserting ``Partnerships or 
                programs of linkage and outreach'';
                    (C) in subparagraph (E)--
                            (i) by striking ``foreign area'' and 
                        inserting ``area studies'';
                            (ii) by striking ``of linkage and 
                        outreach''; and
                            (iii) by striking ``(C), and (D)'' and 
                        inserting ``(D), and (E)'';
                    (D) by redesignating subparagraphs (C), (D), and 
                (E) as subparagraphs (D), (E), and (F), respectively; 
                and
                    (E) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) Partnerships with local educational agencies 
                and public and private elementary and secondary 
                education schools that are designed to increase student 
                academic achievement in foreign language and knowledge 
                of world regions, and to facilitate the wide 
                dissemination of materials related to area studies.''.
    (c) Fellowships for Foreign Language and Area or International 
Studies.--Section 602(b) (20 U.S.C. 1122(b)) is amended--
            (1) by inserting ``and Undergraduate'' after ``Graduate'' 
        in the subsection heading; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Eligible students.--A student receiving a stipend 
        described in paragraph (1) shall be engaged in an instructional 
        program with stated performance goals for functional foreign 
        language use or in a program developing such performance goals, 
        in combination with area studies, international studies, or the 
        international aspects of a professional studies program, 
        including predissertation level studies, preparation for 
        dissertation research, dissertation research abroad, and 
        dissertation writing, and--
                    ``(A) in the case of graduate fellowships, 
                activities in connection with a program described in 
                this paragraph may include predissertation level 
                studies, preparation for dissertation research, 
                dissertation research abroad, and dissertation writing; 
                or
                    ``(B) in the case of undergraduate fellowships, 
                students may be allowed to use their fellowships abroad 
                for intermediate or advanced study of a less commonly 
                taught language.''.
    (d) Language Resource Centers.--Section 603(c) (20 U.S.C. 1123(c)) 
is amended by inserting ``reflect the purposes of this part and'' after 
``shall''.
    (e) Undergraduate International Studies and Foreign Language 
Programs.--Section 604 (20 U.S.C. 1124) is amended--
            (1) in subsection (a)(1), by striking ``combinations'' each 
        place it appears and inserting ``consortia'';
            (2) in subsection (a)(2)--
                    (A) in subparagraph (B)(ii), by striking ``teacher 
                training'' and inserting ``teacher professional 
                development'';
                    (B) by redesignating subparagraphs (I) through (M) 
                as subparagraphs (J) through (N), respectively;
                    (C) by inserting after subparagraph (H) the 
                following new subparagraph:
                    ``(I) the provision of grants for educational 
                programs abroad that are closely linked to the 
                program's overall goals and have the purpose of 
                promoting foreign language fluency and knowledge of 
                world regions, except that not more than 10 percent of 
                a grant recipient's funds may be used for this 
                purpose;''; and
                    (D) in subparagraph (M)(ii) (as redesignated by 
                subparagraph (B) of this paragraph), by striking 
                ``elementary and secondary education institutions'' and 
                inserting ``local educational agencies and public and 
                private elementary and secondary education schools'';
            (3) in subsection (a)(4)(B), by inserting ``that 
        demonstrates a need for a waiver or reduction'' before the 
        period at the end;
            (4) in subsection (a)(6), by inserting ``reflect the 
        purposes of this part and'' after ``shall'';
            (5) in subsection (a)(8), by striking ``may'' and inserting 
        ``shall''; and
            (6) by striking subsection (c).
    (f) Research; Studies; Annual Report.--Section 605(a) (20 U.S.C. 
1125(a)) is amended by inserting before the period at the end of the 
first sentence the following: ``, including the systematic collection, 
analysis, and dissemination of data''.
    (g) Technological Innovation and Cooperation for Foreign 
Information Access.--Section 606 (20 U.S.C. 1126) is amended--
            (1) in subsection (a)--
                    (A) by striking ``or consortia of such institutions 
                or libraries'' and inserting ``or partnerships between 
                such institutions or libraries and nonprofit 
                educational organizations including museums'';
                    (B) by striking ``new''; and
                    (C) by inserting ``from foreign sources'' after 
                ``disseminate information'';
            (2) in subsection (b)--
                    (A) by inserting ``acquire and'' before 
                ``facilitate access'' in paragraph (1);
                    (B) by striking ``new means of'' in paragraph (3) 
                and inserting ``new means and standards for'';
                    (C) by striking ``and'' at the end of paragraph 
                (6);
                    (D) by striking the period at the end of paragraph 
                (7) and inserting a semicolon; and
                    (E) by inserting after paragraph (7) the following 
                new paragraphs:
            ``(8) to establish linkages between grant recipients under 
        subsection (a) with libraries, museums, organizations, or 
        institutions of higher education located overseas to facilitate 
        carrying out the purposes of this section; and
            ``(9) to carry out other activities deemed by the Secretary 
        to be consistent with the purposes of this section.''; and
            (3) by adding at the end the following new subsection:
    ``(e) Special Rule.--The Secretary may waive or reduce the required 
non-Federal share for institutions that--
            ``(1) are eligible to receive assistance under part A or B 
        of title III or under title V; and
            ``(2) have submitted a grant application under this section 
        that demonstrates a need for a waiver or reduction.''.
    (h) Selection of Grant Recipients.--Section 607(b) (20 U.S.C. 
1127(b)) is amended--
            (1) by striking ``objectives'' and inserting ``missions''; 
        and
            (2) by adding at the end the following new sentence: ``In 
        keeping with the purposes of this part, the Secretary shall 
        take into account the degree to which activities of centers, 
        programs, and fellowships at institutions of higher education 
        address national needs, generate and disseminate information, 
        and foster debate on international issues.''.
    (i) Equitable Distribution.--Section 608(a) (20 U.S.C. 1128(a)) is 
amended by adding at the end the following new sentence: ``Grants made 
under section 602 shall also reflect the purposes of this part.''.
    (j) Authorization of Appropriations.--Section 610 (20 U.S.C. 1128b) 
is amended by striking ``1999'' and inserting ``2009''.
    (k) Conforming Amendments.--
            (1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a), 
        1124(a)(5), 1130-1) are each amended by striking 
        ``combinations'' each place it appears and inserting 
        ``consortia''.
            (2) Section 612 (20 U.S.C. 1130-1) is further amended by 
        striking ``combination'' each place it appears and inserting 
        ``consortium''.

SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.

    (a) Centers for International Business Education.--Section 612 (20 
U.S.C. 1130-1) is further amended--
            (1) in subsection (a)(1)(C), by inserting ``manufacturing 
        software systems, technology management,'' after ``commerce,'';
            (2) in subsection (c)(2)(E), by inserting ``(including 
        those that are eligible to receive assistance under part A or B 
        of title III or under title V)'' after ``other institutions of 
        higher education'';
            (3) in subsection (c)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (E); and
                    (B) by inserting the following new subparagraph 
                after subparagraph (E) (and redesignating the 
                succeeding subparagraph):
                    ``(F) programs encouraging the advancement and 
                understanding of cultural, technological management, 
                and manufacturing software systems practices between 
                institutions of higher education in the United States 
                and countries with existing partnerships with other 
                countries, including those in Asian countries focused 
                on this industry; and''; and
            (4) in subsection (e), by adding at the end the following 
        new paragraph:
            ``(5) Special rule.--The Secretary may waive or reduce the 
        required non-Federal share for institutions that--
                    ``(A) are eligible to receive assistance under part 
                A or B of title III or under title V; and
                    ``(B) have submitted a grant application under this 
                section that demonstrates a need for a waiver or 
                reduction, as determined by the Secretary.''.
    (b) Education and Training Programs.--Section 613 (20 U.S.C. 1130a) 
is amended by adding at the end the following new subsection:
    ``(e) Special Rule.--The Secretary may waive or reduce the required 
non-Federal share for institutions that--
            ``(1) are eligible to receive assistance under part A or B 
        of title III or under title V; and
            ``(2) have submitted a grant application under this section 
        that demonstrates a need for a waiver or reduction, as 
        determined by the Secretary.''.
    (c) Authorization of Appropriations.--Section 614 (20 U.S.C. 1130b) 
is amended by striking ``1999'' each place it appears and inserting 
``2009''.

SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.

    (a) Foreign Service Professional Development.--Section 621 (20 
U.S.C. 1131) is amended--
            (1) by striking the heading of such section and inserting 
        the following:

``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';

            (2) by striking the second sentence of subsection (a) and 
        inserting the following: ``The Institute shall conduct a 
        program to enhance the international competitiveness of the 
        United States by increasing the participation of 
        underrepresented populations in the international service, 
        including private international voluntary organizations, the 
        international commercial service, and the foreign service of 
        the United States.''; and
            (3) in subsection (b)(1), by striking subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) A Tribally Controlled College or University 
                or Alaska Native or Native Hawaiian-serving institution 
                eligible for assistance under title III, an institution 
                eligible for assistance under part B of title III, or a 
                Hispanic-serving institution eligible for assistance 
                under title V.
                    ``(B) An institution of higher education which 
                serves substantial numbers of underrepresented minority 
                students.''.
    (b) Institutional Development.--Section 622(a) (20 U.S.C. 1131-
1(a)) is amended by inserting before the period at the end the 
following: ``and promote collaboration with colleges and universities 
that receive funds under this title''.
    (c) Study Abroad Program.--Section 623(a) (20 U.S.C. 1131a(a)) is 
amended by inserting after ``1978,'' the following: ``Alaska Native-
serving, Native Hawaiian-serving, and Hispanic-serving institutions,''.
    (d) Advanced Degree in International Relations.--Section 624 (20 
U.S.C. 1131b) is amended--
            (1) by striking ``masters'' in the heading of such section 
        and inserting ``advanced'';
            (2) by striking ``a masters degree in international 
        relations'' and inserting ``an advanced degree in international 
        relations, international affairs, international economics, or 
        other academic areas related to the Institute fellow's career 
        objectives''; and
            (3) by striking ``The masters degree program designed by 
        the consortia'' and inserting ``The advanced degree study 
        program shall be designed by the consortia, consistent with the 
        fellow's career objectives, and''.
    (e) Internships.--Section 625 (20 U.S.C. 1131c) is amended--
            (1) in subsection (a), by inserting after ``1978,'' the 
        following: ``Alaska Native-serving, Native Hawaiian-serving, 
        and Hispanic-serving institutions,'';
            (2) in subsection (b)--
                    (A) by inserting ``and'' after the semicolon at the 
                end of paragraph (2);
                    (B) by striking ``; and'' at the end of paragraph 
                (3) and inserting a period; and
                    (C) by striking paragraph (4); and
            (3) by amending subsection (c) to read as follows:
    ``(c) Ralph J. Bunche Fellows.--In order to assure the recognition 
and commitment of individuals from underrepresented student populations 
who demonstrate special interest in international affairs and language 
study, eligible students who participate in the internship programs 
authorized under subsections (a) and (b) shall be known as the Ralph J. 
Bunche Fellows.''.
    (f) Report.--Section 626 (20 U.S.C. 1131d) is amended by striking 
``annually prepare a report'' and inserting ``prepare a report 
biennially''.
    (g) Authorization of Appropriations.--Section 628 (20 U.S.C. 1131f) 
is amended by striking ``1999'' and inserting ``2009''.

SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.

    Title VI (20 U.S.C. 1121 et seq.) is amended--
            (1) by redesignating part D as part E;
            (2) by redesignating section 631 (20 U.S.C. 1132) as 
        section 641; and
            (3) by inserting after section 628 the following new part:

       ``PART D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION

``SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.

    ``(a) Definitions.--In this section:
            ``(1) Eligible partnership.--The term `eligible 
        partnership' means a partnership that--
                    ``(A) shall include--
                            ``(i) a foreign language department of an 
                        institution of higher education; and
                            ``(ii) a local educational agency; and
                    ``(B) may include--
                            ``(i) another foreign language or teacher 
                        education department of an institution of 
                        higher education;
                            ``(ii) another local educational agency, or 
                        an elementary or secondary school;
                            ``(iii) a business;
                            ``(iv) a nonprofit organization of 
                        demonstrated effectiveness, including a museum;
                            ``(v) heritage or community centers for 
                        language study;
                            ``(vi) language resource centers; or
                            ``(vii) the State foreign language 
                        coordinator or State educational agency.
            ``(2) High-need local educational agency.--The term `high-
        need local educational agency' has the meaning given the term 
        in section 2102 of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6602).
            ``(3) Articulated.--The term `articulated' means that each 
        grade level of the foreign language program is designed to 
        sequentially expand on the student achievement of the previous 
        level with a goal toward achieving an established level of 
        language proficiency.
    ``(b) Purpose.--The purpose of this section is to improve the 
performance of students in the study of foreign languages by 
encouraging States, institutions of higher education, elementary 
schools, and secondary schools to participate in programs that--
            ``(1) upgrade the status and stature of foreign language 
        teaching by encouraging institutions of higher education to 
        assume greater responsibility for improving foreign language 
        teacher education through the establishment of a comprehensive, 
        integrated system of recruiting and advising such teachers;
            ``(2) focus on education of foreign language teachers as a 
        career-long process that should continuously stimulate 
        teachers' intellectual growth and upgrade teachers' knowledge 
        and skills;
            ``(3) bring foreign language teachers in elementary schools 
        and secondary schools together with linguists or higher 
        education foreign language professionals to increase the 
        subject matter knowledge and improve the teaching skills of 
        teachers through the use of more sophisticated resources that 
        institutions of higher education are better able to provide 
        than such schools; and
            ``(4) develop more rigorous foreign language curricula that 
        contain--
                    ``(A) professionally accepted standards for 
                elementary and secondary education instruction;
                    ``(B) standards expected for postsecondary study in 
                foreign language; and
                    ``(C) articulated foreign language programs from 
                kindergarten through grade 12 that demonstrate 
                increased competence and proficiency over time and 
                grade.
    ``(c) Grants to Partnerships.--
            ``(1) In general.--The Secretary may award grants, on a 
        competitive basis, to eligible partnerships to enable the 
        eligible partnerships to pay the Federal share of the costs of 
        carrying out the authorized activities described in this 
        section.
            ``(2) Duration.--The Secretary shall award grants under 
        this section for a period of 5 years.
            ``(3) Federal share.--The Federal share of the costs of the 
        activities assisted under this section shall be--
                    ``(A) 75 percent of the costs for the first year 
                that an eligible partnership receives a grant payment 
                under this section;
                    ``(B) 65 percent of such costs for the second such 
                year; and
                    ``(C) 50 percent of such costs for each of the 
                third, fourth, and fifth such years.
            ``(4) Non-federal share.--The non-Federal share of the 
        costs of carrying out the authorized activities described in 
        this section may be provided in cash or in kind, fairly 
        evaluated.
            ``(5) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible partnerships--
                    ``(A) that include high-need local educational 
                agencies; or
                    ``(B) that emphasize the teaching of commonly 
                taught and critical foreign languages in an articulated 
                program that demonstrates increased competency and 
                proficiency over grade and time.
    ``(d) Applications.--
            ``(1) In general.--Each eligible partnership desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            ``(2) Contents.--An application under paragraph (1) shall 
        include--
                    ``(A) an assessment of the teacher quality and 
                professional development needs of all the schools and 
                agencies participating in the eligible partnership with 
                respect to the teaching and learning of foreign 
                languages;
                    ``(B) a description of how the activities to be 
                carried out by the eligible partnership will be based 
                on a review of relevant research, and an explanation of 
                why the activities are expected to improve student 
                performance and to strengthen the quality of foreign 
                language instruction; and
                    ``(C) a description of--
                            ``(i) how the eligible partnership will 
                        carry out the authorized activities described 
                        in subsection (e); and
                            ``(ii) the eligible partnership's 
                        evaluation and accountability plan as described 
                        in subsection (f).
    ``(e) Authorized Activities.--An eligible partnership shall use the 
grant funds provided under this section for 1 or more of the following 
activities related to elementary schools or secondary schools:
            ``(1) Creating opportunities for enhanced and ongoing 
        professional development that improves the subject matter 
        knowledge of foreign language teachers.
            ``(2) Recruiting university students with foreign language 
        majors for teaching.
            ``(3) Promoting strong teaching skills for foreign language 
        teachers and teacher educators.
            ``(4) Establishing foreign language summer workshops or 
        institutes (including follow-up) for teachers.
            ``(5) Establishing distance learning programs for foreign 
        language teachers.
            ``(6) Designing programs to prepare a teacher at a school 
        to provide professional development to other teachers at the 
        school and to assist novice teachers at such school, including 
        (if applicable) a mechanism to integrate experiences from a 
        summer workshop or institute.
            ``(7) Developing instruction materials.
    ``(f) Evaluation and Accountability Plan.--Each eligible 
partnership receiving a grant under this section shall develop an 
evaluation and accountability plan for activities assisted under this 
section that includes strong performance objectives. The plan shall 
include objectives and measures for--
            ``(1) increased participation by students in advanced 
        courses in foreign language;
            ``(2) increased percentages of secondary school classes in 
        foreign language taught by teachers with academic majors in 
        foreign language; and
            ``(3) increased numbers of foreign language teachers who 
        participate in content-based professional development 
        activities.
    ``(g) Report.--Each eligible partnership receiving a grant under 
this section shall annually report to the Secretary regarding the 
eligible partnership's progress in meeting the performance objectives 
described in subsection (f).
    ``(h) Termination.--If the Secretary determines that an eligible 
partnership is not making substantial progress in meeting the 
performance objectives described in subsection (f) by the end of the 
third year of a grant under this section, the grant payments shall not 
be made for the fourth and fifth years of the grant.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for fiscal year 2009 and for each of the 4 succeeding fiscal years.''.

SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION.

    Part E of title VI, as redesignated by section 604 of this Act, is 
amended by inserting after section 641 (20 U.S.C. 1132 (as so 
redesignated)) the following new section:

``SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION.

    ``The Secretary may use not more than one percent of the funds made 
available for this title for program evaluation, national outreach, and 
information dissemination activities.''.

SEC. 606. STUDENT SAFETY.

    Part E of title VI, as redesignated by section 604 of this Act, is 
further amended by inserting after section 642 (as added by section 605 
of this Act) the following new section:

``SEC. 643. STUDENT SAFETY.

    ``Applicants seeking funds under this title to support student 
travel and study abroad shall submit as part of their grant application 
a description of safety policies and procedures for students 
participating in the program while abroad.''.

SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION 
              GRANT PROGRAM.

    Part E of title VI, as redesignated by section 604 of this Act, is 
further amended by inserting after section 643 (as added by section 606 
of this Act) the following new section:

``SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION 
              GRANT PROGRAM.

    ``(a) Purpose.--It is the purpose of this section to support 
programs in colleges and universities that--
            ``(1) encourage students to develop--
                    ``(A) an understanding of science and technology; 
                and
                    ``(B) foreign language proficiency; and
            ``(2) foster future international scientific collaboration.
    ``(b) Development.--The Secretary shall develop a program for the 
awarding of grants to institutions of higher education that develop 
innovative programs for the teaching of foreign languages.
    ``(c) Regulations and Requirements.--The Secretary shall promulgate 
regulations for the awarding of grants under subsection (b). Such 
regulations shall require institutions of higher education to use grant 
funds for, among other things--
            ``(1) the development of an on-campus cultural awareness 
        program by which students attend classes taught in a foreign 
        language and study the science and technology developments and 
        practices in a non-English speaking country;
            ``(2) immersion programs where students take science or 
        technology related course work in a non-English speaking 
        country; and
            ``(3) other programs, such as summer workshops, that 
        emphasize the intense study of a foreign language and science 
        technology.
    ``(d) Grant Distribution.--In distributing grants to institutions 
of higher education under this section, the Secretary shall give 
priority to--
            ``(1) institutions that have programs focusing on curricula 
        that combine the study of foreign languages and the study of 
        science and technology and produce graduates who have both 
        skills; and
            ``(2) institutions teaching critical foreign languages.
    ``(e) Appropriations Authorized.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for fiscal year 2009 and for each subsequent fiscal year.''.

SEC. 608. REPORTING BY INSTITUTIONS.

    Part E of title VI (20 U.S.C. 1122), as redesignated by section 604 
of this Act, is further amended by inserting after section 644 (as 
added by section 607 of this Act) the following new section:

``SEC. 645. REPORTING BY INSTITUTIONS.

    ``(a) Applicability.--The data requirement in subsection (b) shall 
apply to an institution of higher education that receives funds for a 
center or program under this title if--
            ``(1) the amount of cash, or the fair market value, or 
        both, of the contributions received from a foreign government 
        or private sector corporation, foundation, or any other entity 
        or individual (excluding domestic government entities) during 
        any fiscal year exceeds $1,000,000 in the aggregate; and
            ``(2) the aggregate contribution is intended for use 
        directly or indirectly by a center or program receiving funds 
        under this title.
    ``(b) Data Required.--The Secretary shall require of each 
institution to which this paragraph applies under subsection (a), as 
part of the Integrated Postsecondary Education Data System (IPEDS) 
annual data collection, that such institution report the following 
data:
            ``(1) The names and addresses of any foreign government or 
        private sector corporation, foundation, or any other entity or 
        individual that contributed such amount of cash or such fair 
        market value of other property as described in subsection 
        (a)(1).
            ``(2) The amount of such cash or the fair market value of 
        such property.
    ``(c) Exemption From Reporting.--The Secretary may, at the request 
of the donor, exempt domestic donors who make anonymous donations from 
the institutional reporting requirement of subsection (b)(1) to 
preserve the anonymity of their contribution. The data of institutions 
shall identify such donors as `anonymous'. This exemption does not 
apply to non-domestic donations.
    ``(d) Deadline.--Any report under subsection (b) shall be made no 
later than such date as the Secretary shall require.
    ``(e) Consequences of Failure To Report.--In the case of any 
institution from which a report is requested under subsection (b), if 
the Secretary does not receive a report in accordance with the deadline 
established under subsection (d), the Secretary shall--
            ``(1) make a determination that the institution of higher 
        education has failed to make the report required by this 
        paragraph;
            ``(2) transmit a notice of the determination to Congress; 
        and
            ``(3) publish in the Federal Register a notice of the 
        determination and the effect of the determination on the 
        eligibility of the institution of higher education for 
        contracts and grants under this title.''.

SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING CAMPAIGN.

    The Secretary of Education shall establish a foreign language 
education marketing campaign to encourage students at secondary schools 
and institutions of higher education to study foreign languages, 
particularly languages that are less commonly taught and critical to 
the national security of the United States.

                    TITLE VII--TITLE VII AMENDMENTS

SEC. 701. JAVITS FELLOWSHIP PROGRAM.

    (a) Authority and Timing of Awards.--Section 701(a) (20 U.S.C. 
1132a(a)) is amended by inserting after the second sentence the 
following: ``For purposes of the exception in the preceding sentence, a 
master's degree in fine arts shall be considered a terminal degree.''.
    (b) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is 
amended by adding at the end the following new sentence: ``In the case 
of other exceptional circumstances, such as active duty military 
service or personal or family member illness, the institution of higher 
education may also permit the fellowship recipient to interrupt periods 
of study for the duration of the tour of duty (in the case of military 
service) or not more than 12 months (in any other case), but without 
payment of the stipend.''.
    (c) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 
1134a(a)(1)) is amended--
            (1) in the first sentence, by inserting ``from diverse 
        geographic regions'' after ``higher education''; and
            (2) by adding at the end the following new sentence: ``The 
        Secretary shall also assure that at least one representative 
        appointed to the Board represents an institution that is 
        eligible for a grant under title III or V of this Act.''.
    (d) Stipends.--Section 703 (20 U.S.C. 1134b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``1999-2000'' and inserting ``2009-
                2010''; and
                    (B) by striking ``Foundation graduate fellowships'' 
                and inserting ``Foundation Graduate Research Fellowship 
                Program on February 1 of such academic year''; and
            (2) in subsection (b), by amending paragraph (1)(A) to read 
        as follows:
            ``(1) In general.--(A) The Secretary shall (in addition to 
        stipends paid to individuals under this subpart) pay to the 
        institution of higher education, for each individual awarded a 
        fellowship under this subpart at such institution, an 
        institutional allowance. Except as provided in subparagraph 
        (B), such allowance shall be, for academic year 2009-2010 and 
        succeeding academic years, the same amount as the institutional 
        payment made for academic year 2008-2009, adjusted for academic 
        year 2009-2010 and annually thereafter in accordance with 
        inflation as determined by the Department of Labor's Consumer 
        Price Index for All Urban Consumers for the previous calendar 
        year.''.
    (e) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) 
is amended by striking ``1999'' and inserting ``2009''.

SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.

    (a) Designation of Areas of National Need; Priority.--Section 712 
(20 U.S.C. 1135a) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Designation of Areas of National Need.--After consultation 
with appropriate Federal and nonprofit agencies and organizations, 
including the National Science Foundation, the Department of Defense, 
the Department of Homeland Security, the National Academy of Sciences, 
and the Bureau of Labor Statistics, the Secretary shall designate areas 
of national need. In making such designations, the Secretary shall take 
into consideration--
            ``(1) the extent to which the interest in the area is 
        compelling;
            ``(2) the extent to which other Federal programs support 
        postbaccalaureate study in the area concerned;
            ``(3) an assessment of how the program may achieve the most 
        significant impact with available resources;
            ``(4) an assessment of current and future professional 
        workforce needs of the United States; and
            ``(5) the priority described in subsection (c).''; and
            (2) by adding at the end the following new subsection:
    ``(c) Priority.--The Secretary shall establish a priority for 
grants in order to prepare individuals for the professorate who will 
train highly qualified elementary and secondary mathematics and science 
teachers, special education teachers, and teachers who provide 
instruction for limited English proficient individuals. Such grants 
shall offer program assistance and graduate fellowships for--
            ``(1) post baccalaureate study related to teacher 
        preparation and pedagogy in mathematics and science for 
        students who have completed a master's degree or are pursuing a 
        doctorate of philosophy in mathematics or science;
            ``(2) post baccalaureate study related to teacher 
        preparation and pedagogy in special education and English 
        language acquisition and academic proficiency for limited 
        English proficient individuals; and
            ``(3) support of dissertation research in the fields of 
        mathematics, science, special education, or second language 
        pedagogy and second language acquisition.''.
    (b) Collaboration Required for Certain Applications.--Section 
713(b) (20 U.S.C. 1135b) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) in the case of an application from a department, 
        program, or unit in education or teacher preparation, provide 
        assurances that such department, program, or unit will 
        collaborate with departments, programs, or units in all content 
        areas to ensure a successful combination of training in both 
        teaching and such content; and''.
    (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2009-2010''; 
        and
            (2) by striking ``Foundation graduate fellowships'' and 
        inserting ``Foundation Graduate Research Fellowship Program on 
        February 1 of such academic year''.
    (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 
1135d(a)(1)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2009-2010'';
            (2) by striking ``1998-1999'' and inserting ``2008-2009''; 
        and
            (3) by inserting ``for All Urban Consumers'' after ``Price 
        Index''.
    (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) 
is amended by striking ``1999'' and inserting ``2009''.
    (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is 
amended--
            (1) by striking ``section 716(a)'' and inserting ``section 
        715(a)''; and
            (2) by striking ``section 714(b)(2)'' and inserting 
        ``section 713(b)(2)''.
    (g) Additional Technical Amendments.--
            (1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by 
        inserting ``(including a masters degree)'' after ``leading to a 
        graduate degree''.
            (2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by 
        inserting ``(including a masters degree)'' after ``leading to a 
        graduate degree''.
            (3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is 
        amended by inserting ``at the institution'' before the 
        semicolon at the end.

SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

    (a) Program Authority.--Section 721(a) (20 U.S.C. 1136(a)) is 
amended--
            (1) by inserting ``middle and high school'' after 
        ``disadvantaged''; and
            (2) by striking the period at the end of the sentence and 
        inserting ``and admission to law practice.''.
    (b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is amended by 
inserting ``middle and high school or'' before ``college student''.
    (c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 
1136(c)) is amended--
            (1) by inserting ``middle and high school students'' after 
        ``identify'' in paragraph (1);
            (2) by amending paragraph (2) to read as follows:
            ``(2) to prepare such students for study at accredited law 
        schools and assist them with the development of analytical 
        skills and study methods to enhance their success and promote 
        completion of law school;'';
            (3) by striking ``and'' at the end of paragraph (4);
            (4) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (5) by adding at the end the following new paragraph:
            ``(6) to award Thurgood Marshall Fellowships to eligible 
        law school students--
                    ``(A) who participated in summer institutes 
                authorized by subsection (d) and who are enrolled in an 
                accredited law school; or
                    ``(B) who are eligible law school students who have 
                successfully completed a comparable summer institute 
                program certified by the Council on Legal Educational 
                Opportunity.''.
    (d) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study 
methods'' after ``courses''.
    (e) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 
1136(h)) is amended by striking ``1999'' and inserting ``2009''.
    (f) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 
1137(e)) is repealed.

SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM.

    Part A of title VII (20 U.S.C. 1134) is further amended--
            (1) by redesignating subpart 4 as subpart 6;
            (2) in the heading of section 731, by striking ``subparts 
        1, 2, and 3'' and inserting ``subparts 1 through 5'';
            (3) in subsections (a) and (b) of section 731, by striking 
        ``subparts 1, 2, and 3'' each place it appears and inserting 
        ``subparts 1 through 5'';
            (4) in subsection (d) of such section, by striking 
        ``subpart 1, 2, or 3'' and inserting ``subpart 1, 2, 3, 4, or 
        5''; and
            (5) by inserting after subpart 3 the following new subpart:

             ``Subpart 4--Patsy T. Mink Fellowship Program

``SEC. 722. PATSY T. MINK FELLOWSHIPS.

    ``(a) Purpose; Designation.--
            ``(1) Purpose.--It is the purpose of this subpart to 
        provide a program of fellowship awards to assist highly 
        qualified minorities and women to acquire the terminal master's 
        degree or the doctorate degree in academic areas in which such 
        individuals are underrepresented for the purpose of entering 
        the higher education professoriate.
            ``(2) Eligible institutions.--For purposes of this subpart, 
        the term `eligible institution' means an institution of higher 
        education, or a consortium of such institutions, that offers a 
        program of post baccalaureate study leading to a graduate 
        degree.
            ``(3) Designation.--Each recipient of a fellowship award 
        from an institution receiving a grant under this subpart shall 
        be known as a Patsy T. Mink Graduate Fellow.
    ``(b) Program Authorized.--
            ``(1) Grants by secretary.--
                    ``(A) In general.--From funds made available under 
                subsection (e), the Secretary shall make grants to 
                eligible institutions of higher education to enable 
                such institutions to make fellowship awards to 
                qualified students in accordance with the provisions of 
                this subpart.
                    ``(B) Priority consideration.--In making grant 
                awards under this subpart, the Secretary shall consider 
                the applicant institution's prior experience in 
                producing doctorates and terminal master's degree 
                holders who are minorities and females, and shall give 
                priority consideration in making grants under this 
                subpart to those institutions with a demonstrated 
                record of producing minorities and women who have 
                earned such degrees.
            ``(2) Distribution and amounts of grants.--
                    ``(A) Equitable distribution.--In making such 
                grants the Secretary shall, to the maximum extent 
                feasible, ensure an equitable geographic distribution 
                of awards and an equitable distribution among eligible 
                public and private institutions of higher education 
                that apply for grants under this subpart and that 
                demonstrate the ability to achieve the purpose of this 
                subpart.
                    ``(B) Special rule.--To the maximum extent 
                practical, the Secretary shall award at least 50 
                percent of the amount appropriated under this subpart 
                to institutions of higher education eligible for 
                assistance under titles III and V, or to consortia 
                composed of otherwise eligible institutions of higher 
                education and such minority-serving institutions.
                    ``(C) Allocation.--In making such grants the 
                Secretary shall, consistent with subparagraphs (A) and 
                (B), allocate appropriated funds to those institutions 
                whose applications indicate the ability to 
                significantly increase the numbers of minorities and 
                women entering the higher education professoriate and 
                that commit institutional resources to the attainment 
                of the purpose of this subpart. No grant made under 
                this subpart shall support fewer than fifteen degree 
                candidates consistent with subsection (d)(2).
                    ``(D) Reallotment.--Whenever the Secretary 
                determines that an institution of higher education is 
                unable to utilize all of the amounts made available to 
                it under this subpart, the Secretary shall, on such 
                dates during the fiscal year as the Secretary may 
                determine, reallocate such unused amounts to 
                institutions which demonstrate that they can use any 
                reallocated grant funds to make fellowship awards to 
                qualified individuals under this subpart.
    ``(c)  Applications.--
            ``(1) Applications required.--Any eligible institution of 
        higher education offering a program of post baccalaureate study 
        leading to a graduate degree that meets the purpose of this 
        subpart may apply for a grant. Each such institution, or 
        consortium of eligible institutions (including those 
        institutions specified in subsection (b)(2)(B)) may make an 
        application to the Secretary at such time, in such manner, and 
        containing or accompanied by such information as the Secretary 
        may reasonably require.
            ``(2) Selection of applications.--In selecting applications 
        for the making grants to institutions of higher education, the 
        Secretary shall--
                    ``(A) take into account the number and distribution 
                of minority and female faculty nationally, as well as 
                the current and projected need for highly trained 
                individuals--
                            ``(i) in all areas of the higher education 
                        professoriate; and
                            ``(ii) in academic career fields in which 
                        minorities and women are underrepresented in 
                        the higher education professoriate; and
                    ``(B) consider the need to prepare a larger number 
                of minorities and women generally in academic career 
                fields of high national priority, especially in areas 
                in which such individuals are traditionally 
                underrepresented in college and university faculties.
    ``(d) Fellowship Terms and Conditions.--
            ``(1) Selection of fellows.--
                    ``(A) Eligible applicants.--The Secretary shall 
                assure that, in awarding fellowships from funds made 
                available under this subpart, grantee institutions make 
                fellowship awards to individuals who plan to pursue a 
                career in instruction at any institution of higher 
                education that is eligible to participate in title IV 
                programs.
                    ``(B) Academic progress.--Notwithstanding 
                subparagraph (A), no otherwise eligible student 
                selected for support shall receive a fellowship award--
                            ``(i) during periods in which such student 
                        is enrolled, unless such student is maintaining 
                        satisfactory academic progress in, and devoting 
                        full-time to, study or research in the pursuit 
                        of the degree for which the fellowship support 
                        was awarded; or
                            ``(ii) if the student is engaged in gainful 
                        employment, other than part-time employment 
                        related to teaching, research, or a similar 
                        activity determined by the institution to be 
                        consistent with and supportive of the student's 
                        progress toward the appropriate degree.
            ``(2) Service requirement.--
                    ``(A) Teaching required.--Each Patsy T. Mink 
                Graduate Fellow who earns the doctoral or terminal 
                master's degree with assistance provided under this 
                subpart shall teach at an eligible institution for one 
                year for each year of fellowship assistance received 
                under this subpart.
                    ``(B) Institutional obligation.--Each institution 
                which receives an award from the Secretary under this 
                subpart shall provide an assurance that it has inquired 
                of and determined the fellowship recipient's decision 
                to, within 3 years of receiving the doctorate or 
                terminal master's degree, begin employment at an 
                eligible institution of higher education as required by 
                this subpart.
                    ``(C) Agreement required.--Prior to receiving the 
                initial fellowship award, and upon the annual renewal 
                of the fellowship award, a fellow shall sign an 
                agreement with the Secretary memorializing this 
                commitment to enter the professoriate.
                    ``(D) Consequences of failure.--If a fellowship 
                recipient fails to honor the service requirement of 
                this subsection, the Secretary shall--
                            ``(i) require the individual to repay all 
                        or the applicable portion of the total 
                        fellowship amount awarded to the individual by 
                        converting the balance due to a loan at the 
                        interest rate applicable to loans made under 
                        part B of title IV; or
                            ``(ii) require the individual to pay an 
                        amount determined by the Secretary to be 
                        appropriate, except as provided in subparagraph 
                        (E).
                    ``(E) Modified service requirement.--The Secretary 
                may waive or modify the service requirement of this 
                paragraph based on regulations, promulgated pursuant to 
                and consistent with criteria which determine the 
                circumstances under which compliance with the service 
                obligation by the fellowship recipient would be 
                inequitable and represent a substantial hardship. The 
                Secretary may waive the service requirement if--
                            ``(i) compliance by the fellowship 
                        recipient would be deemed impossible because 
                        the individual is permanently and totally 
                        disabled at the time of the waiver request; or
                            ``(ii) compliance by the fellowship 
                        recipient is based on documentation presented 
                        to the Secretary of substantial economic or 
                        personal hardship, as determined in accordance 
                        with regulations prescribed by the Secretary.
            ``(3) Amount of fellowship awards.--
                    ``(A) In general.--From the grants made pursuant to 
                this subpart, eligible institutions shall award 
                stipends to individuals who are awarded fellowships 
                under this subpart. Such stipends shall reflect the 
                purpose of the program authorized by this subpart to 
                encourage highly qualified minorities and women to 
                pursue graduate study for the purpose of entering the 
                higher education professoriate.
                    ``(B) Awards based on need.--Stipends shall be in 
                an amount equal to the level of support provided by the 
                National Science Foundation graduate fellowships, 
                except that such stipend shall be adjusted as necessary 
                so as not to exceed the fellow's demonstrated need as 
                determined by the institution of higher education where 
                the graduate student is enrolled.
            ``(4) Institutional payments.--
                    ``(A) In general.--The Secretary shall, in addition 
                to the amounts made available to institutions for 
                stipends to individuals under this subpart, pay to 
                grantee institutions of higher education, for each 
                individual awarded a fellowship under this subpart at 
                such institution, an institutional allowance. Except as 
                provided for in subparagraph (C), such allowance shall 
                be, for academic year 2009-2010 and succeeding academic 
                years, the same as the institutional payment made for 
                that year under the Graduate Assistance in Areas of 
                National Need program in subpart 2 of part A, and shall 
                be adjusted annually thereafter in accordance with 
                inflation as determined by the Department of Labor's 
                Consumer Price Index for All Urban Consumers for the 
                previous calendar year.
                    ``(B) Use of funds.--Institutional payments may be 
                expended at the discretion of the institution, except 
                that such funds shall be used to provide academic 
                support and career transition services for 
                participating fellows.
                    ``(C) Reduction.--The institutional allowance paid 
                under subparagraph (A) shall be reduced by the amount 
                the institution charges and collects from a fellowship 
                recipient for tuition and other expenses as part of the 
                institution's instructional program.
                    ``(D) Use for overhead prohibited.--Funds made 
                available pursuant to this subpart may not be used for 
                general operational overhead of the academic department 
                or institution receiving such funds.
    ``(e) Authorization of Appropriations.--There are authorized to 
appropriated to carry out this subpart such sums as may be necessary 
for fiscal year 2009 and for each of the 4 succeeding fiscal years.''.

SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK COLLEGES AND 
              UNIVERSITIES AND OTHER MINORITY SERVING INSTITUTIONS.

    Part A of title VII (20 U.S.C. 1134) is further amended by 
inserting after subpart 4 (as added by section 704 of this Act) the 
following subpart:

 ``Subpart 5--Masters Degrees Programs at Historically Black Colleges 
        and Universities and Other Minority Serving Institutions

``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT ELIGIBLE 
              INSTITUTIONS.

    ``(a) Grant Authority.--
            ``(1) In general.--From the amounts appropriated under 
        subsection (g), the Secretary shall make grants to graduate 
        academic departments, programs, and other academic units at 
        historically Black colleges and universities and other 
        minority-serving institutions that provide qualified courses of 
        study leading to a degree in a qualified masters degree program 
        described in subsection (d)(1)(B). Such grants shall be used to 
        make fellowship awards to eligible students and may be combined 
        with matching grants from non-Federal sources to strengthen 
        qualified masters degree programs.
            ``(2) Additional grants.--From the amounts appropriated 
        under subsection (g), The Secretary may also make grants to 
        consortia and cooperative arrangements among eligible 
        institutions that submit joint proposals, and have formal 
        arrangements designed to fulfill the purposes of this subpart.
    ``(b) Award and Duration of Grants.--
            ``(1) Awards.--The Secretary shall make awards to 
        institutions that are eligible under subsection (d) and that 
        submit an application to the Secretary in accordance with 
        subsection (c). Awards shall be based on the following 
        criteria:
                    ``(A) The number of students enrolled in the 
                masters degree program.
                    ``(B) The number of students who earned such 
                degrees in the previous year from the program for which 
                the eligible institution is seeking funds.
                    ``(C) The average cost of education per student, 
                for all full-time masters degree students enrolled in 
                the qualified masters degree program.
                    ``(D) The quality of the academic program at the 
                institution.
                    ``(E) The quality of the application submitted by 
                the institution or consortium.
            ``(2) Duration and amount.--
                    ``(A) Duration.--The Secretary shall award a grant 
                under this subpart for a period of 5 years, which may 
                be renewed for an additional 5 years consistent with 
                subsection (c).
                    ``(B) Amount.--The Secretary shall award a grant to 
                an academic department, program, or consortium at an 
                eligible institution of higher education under this 
                subpart for a fiscal year in an amount that is not less 
                than $100,000, and not greater than $750,000.
    ``(c) Application.--
            ``(1) Contents of applications.--An institution that is 
        eligible under subsection (d) that seeks a grant under this 
        subpart shall submit an application to the Secretary at such 
        time, in such manner, and accompanied by such information as 
        the Secretary may require. The application shall include--
                    ``(A) a description of the qualified masters degree 
                program or programs that the institution intends to 
                provide fellowship awards to, including the number of 
                student awards to be made;
                    ``(B) a budget describing the amount of the 
                fellowship awards to students for 2 successive academic 
                years, based on the academic progress of such students 
                and the cost of attendance at the eligible institution, 
                except that in no instance shall a graduate student 
                receive a fellowship in excess of the award level 
                provided for such students by the National Science 
                Foundation;
                    ``(C) a budget for stipends to students who are 
                awarded fellowships under this subpart in order to 
                encourage highly qualified students to pursue graduate 
                study for the purposes described in this part; and
                    ``(D) a description of activities to be undertaken 
                with institutional, private foundation, or State 
                matching funds that will be used to contribute to the 
                increased production of minority masters degree 
                candidates.
            ``(2) Preference to continuing grant recipients.--
                    ``(A) In general.--The Secretary shall make initial 
                grant awards consistent with the criteria in subsection 
                (b)(1), and shall renew such awards if the grantee 
                demonstrates success in satisfying the criteria in 
                subparagraphs (A) and (B) of such subsection by 
                increasing the number of African Americans and other 
                minorities earning masters degrees at the institution 
                based on benchmarks established by the Secretary.
                    ``(B) Ratable reduction.--To the extent that 
                appropriations are insufficient to comply with 
                subparagraph (A) and subsection (b)(2)(B), available 
                funds shall be distributed by ratably reducing the 
                amounts required to be awarded under subsection 
                (b)(2)(B).
    ``(d) Institutional Eligibility.--
            ``(1) Qualified masters degree programs.--
                    ``(A) In general.--To be eligible to apply for a 
                grant under this part, an applicant shall be an 
                academic department, program, or unit at an institution 
                of higher education that is within the meaning of the 
                term `part B institution' as defined in section 322(2), 
                that offers a qualified masters degree program, and 
                that is specifically enumerated in paragraph (2), or a 
                consortium of such institutions.
                    ``(B) Qualified masters degree program.--For 
                purposes of this subpart, the term `qualified masters 
                degree program' means a program of study leading to a 
                masters degree in the physical or natural sciences, 
                mathematics, engineering, computer science, information 
                technology, nursing, allied health, or related 
                scientific or health field identified by the Secretary.
                    ``(C) Limitation.--No department, program, or unit 
                shall be eligible to apply unless the qualified masters 
                degree program has been in existence and awarded such 
                degrees for at least four years.
            ``(2) Enumerated institutions.--For purposes of paragraph 
        (1)(A), the institutions enumerated in this paragraph are--
                    ``(A) Albany State University;
                    ``(B) Alcorn State University;
                    ``(C) Chicago State University;
                    ``(D) Columbia Union College;
                    ``(E) Coppin State University;
                    ``(F) Elizabeth City State University;
                    ``(G) Fayetteville State University;
                    ``(H) Fisk University;
                    ``(I) Fort Valley State University;
                    ``(J) Grambling State University;
                    ``(K) Kentucky State University;
                    ``(L) Long Island University, Brooklyn campus;
                    ``(M) Mississippi Valley State University;
                    ``(N) Robert Morris College;
                    ``(O) Savannah State University;
                    ``(P) South Carolina State University;
                    ``(Q) University of Arkansas, Pine Bluff;
                    ``(R) Virginia State University;
                    ``(S) West Virginia Sate University;
                    ``(T) Winston-Salem State University; and
                    ``(U) York College, The City University of New 
                York.
            ``(3) Limitation.--No institution that is eligible for and 
        receives an award under section 326 for a fiscal year shall be 
        eligible to apply for, or receive funds under this subpart for 
        the same fiscal year.
    ``(e) Matching Funds Rule.--Each eligible institution or consortium 
that receives an award under this subpart, may elect to use up to 25 
percent of the total grant to carry out activities designed to 
strengthen its qualified masters degree program. An institution that 
elects to use funds for strengthening a qualified masters degree 
program shall provide an equal amount for such purpose from 
institutional, private foundation, or State sources. Matching funds 
must supplement, not supplant, existing resources available at the time 
of the Secretary's award.
    ``(f) Uses of Funds.--Funds made available under this section shall 
be used in accordance with the application under subsection (c).
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for fiscal year 2009 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.''.

SEC. 706. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

    (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 
1138(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) the encouragement of the reform and improvement of, 
        and innovation in, postsecondary education and the provision of 
        educational opportunity for all, especially for the non-
        traditional student populations;'';
            (2) in paragraph (2), by inserting before the semicolon at 
        the end the following: ``for postsecondary students, especially 
        institutions, programs, and joint efforts that provide academic 
        credit for programs'';
            (3) by amending paragraph (3) to read as follows:
            ``(3) the establishment of institutions and programs based 
        on the technology of communications, including delivery by 
        distance education;'';
            (4) by amending paragraph (6) to read as follows:
            ``(6) the introduction of institutional reforms designed to 
        expand individual opportunities for entering and reentering 
        postsecondary institutions and pursuing programs of 
        postsecondary study tailored to individual needs;'';
            (5) by striking ``and'' at the end of paragraph (7);
            (6) by striking the period at the end of paragraph (8) and 
        inserting a semicolon; and
            (7) by adding at the end the following new paragraphs:
            ``(9) the assessment, in partnership with a public or 
        private nonprofit institution or agency, of the performance of 
        teacher preparation programs within institutions of higher 
        education in a State, using an assessment which provides 
        comparisons across such institutions within the State based 
        upon indicators including teacher candidate knowledge in 
        subject areas in which such candidate has been prepared to 
        teach;
            ``(10) the support of efforts to establish pilot programs 
        and initiatives to help college campuses reduce illegal 
        downloading of copyrighted content, in order to improve the 
        security and integrity of campus computer networks and save 
        bandwidth costs;
            ``(11) the support of increased fire safety in student 
        housing--
                    ``(A) by establishing a demonstration incentive 
                program for qualified student housing in institutions 
                of higher education;
                    ``(B) by making grants for the purpose of 
                installing fire alarm detection, prevention, and 
                protection technologies in student housing, 
                dormitories, and other buildings controlled by such 
                entities; and
                    ``(C) by requiring, as a condition of such grants--
                            ``(i) that such technologies be installed 
                        professionally to technical standards of the 
                        National Fire Protection Association; and
                            ``(ii) that the recipient shall provide 
                        non-Federal matching funds in an amount equal 
                        to the amount of the grant;
            ``(12) the assessment, in partnership with a consortium of 
        higher education organizations, of the feasibility and 
        potential design of an inter-institution monitoring 
        organization on gender and racial equality in campus faculty 
        and administration;
            ``(13) the provision of support and assistance to 
        partnerships between institutions of higher education and 
        secondary schools with at least 10 percent of their enrollment 
        assessed as late-entering limited English proficient students 
        to establish programs that result in increased secondary school 
        graduation rates of limited English proficient students and 
        that increase the number of eligible late-entering limited 
        English proficient students who pursue postsecondary education 
        opportunities;
            ``(14) the provision of support and assistance for 
        demonstration projects to provide comprehensive support 
        services to ensure that homeless students, or students who were 
        in foster care until the age of 18, enroll and succeed in 
        postsecondary education, including providing housing to such 
        students during periods when housing at the institution of 
        higher education is closed or generally unavailable to other 
        students;
            ``(15) the support of efforts to work with organizations 
        that are exempt from taxation under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and institutions of higher 
        education that seek to promote cultural diversity in the 
        entertainment media industry including through the training of 
        students in production, marketing, and distribution of 
        culturally relevant content; and
            ``(16) the creation of consortia that join diverse 
        institutions of higher education to design and offer curricular 
        and co-curricular interdisciplinary programs at the 
        undergraduate and graduate levels, sustained for not less than 
        a 5 year period, that--
                    ``(A) focus on poverty and human capability; and
                    ``(B) include--
                            ``(i) a service-learning component; and
                            ``(ii) the delivery of educational services 
                        through informational resource centers, summer 
                        institutes, mid-year seminars, and other 
                        educational activities that stress the effects 
                        of poverty and how poverty can be alleviated 
                        through different career paths.''.
    (b) Scholarship Program for Family Members of Veterans or Members 
of the Military; Center for Best Practices To Support Single Parent 
Students.--Section 741 (20 U.S.C. 1138) is further amended by adding at 
the end the following new subsections:
    ``(c) Scholarship Program for Family Members of Veterans or Members 
of the Military.--
            ``(1) Authorization.--The Secretary shall contract with a 
        nonprofit organization with demonstrated experience in carrying 
        out the activities described in this subsection to carry out a 
        program to provide postsecondary education scholarships for 
        eligible students.
            ``(2) Eligible students.--In this subsection, the term 
        `eligible student' means an individual who is--
                    ``(A)(i) a dependent student who is a child of--
                            ``(I) an individual who is--
                                    ``(aa) serving on active duty 
                                during a war or other military 
                                operation or national emergency (as 
                                defined in section 481); or
                                    ``(bb) performing qualifying 
                                National Guard duty during a war or 
                                other military operation or national 
                                emergency (as defined in section 481); 
                                or
                            ``(II) a veteran who died while serving or 
                        performing, as described in subclause (I), 
                        since September 11, 2001, or has been disabled 
                        while serving or performing, as described in 
                        subclause (I), as a result of such event; or
                    ``(ii) an independent student who--
                            ``(I) is a spouse of an individual who is--
                                    ``(aa) serving on active duty 
                                during a war or other military 
                                operation or national emergency (as 
                                defined in section 481); or
                                    ``(bb) performing qualifying 
                                National Guard duty during a war or 
                                other military operation or national 
                                emergency (as defined in section 481); 
                                or
                            ``(II) was (at the time of the death of the 
                        veteran) a spouse of a veteran who died while 
                        serving or performing, as described in 
                        subclause (I), since September 11, 2001, or has 
                        been disabled while serving or performing, as 
                        described in subclause (I), as a result of such 
                        event; and
                    ``(B) enrolled as a full-time or part-time student 
                at an institution of higher education (as defined in 
                section 102).
            ``(3) Awarding of scholarships.--Scholarships awarded under 
        this subsection shall be awarded based on need with priority 
        given to eligible students who are eligible to receive Federal 
        Pell Grants under subpart 1 of part A of title IV.
            ``(4) Maximum scholarship amount.--The maximum scholarship 
        amount awarded to an eligible student under this subsection for 
        an academic year shall be $5,000.
            ``(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 a nonprofit organization receiving a contract under 
        this subsection may use not more than 1 percent of such amounts 
        for the administrative costs of the contract.
    ``(d) Center for Best Practices To Support Single Parent 
Students.--
            ``(1) Program authorized.--The Secretary is authorized to 
        award 1 grant or contract to an institution of higher education 
        to enable such institution to establish and maintain a center 
        to study and develop best practices for institutions of higher 
        education to support single parents who are also students 
        attending such institutions.
            ``(2) Institution requirements.--The Secretary shall award 
        the grant or contract under this subsection to a 4-year 
        institution of higher education that has demonstrated expertise 
        in the development of programs to assist single parents who are 
        students at institutions of higher education, as shown by the 
        institution's development of a variety of targeted services to 
        such students, including on-campus housing, child care, 
        counseling, advising, internship opportunities, financial aid, 
        and financial aid counseling and assistance.
            ``(3) Center activities.--The center funded under this 
        section shall--
                    ``(A) assist institutions implementing innovative 
                programs that support single parents pursuing higher 
                education;
                    ``(B) study and develop an evaluation protocol for 
                such programs that includes quantitative and 
                qualitative methodologies;
                    ``(C) provide appropriate technical assistance 
                regarding the replication, evaluation, and continuous 
                improvement of such programs; and
                    ``(D) develop and disseminate best practices for 
                such programs.''.
    (c) Prohibition.--Section 741 is further amended by adding after 
subsection (d) (as added by subsection (b) of this section) the 
following new subsection:
    ``(e) Prohibition.--No funds made available under this part may be 
used to provide financial assistance--
            ``(1) to students who do not meet the requirements of 
        section 484(a)(5); or
            ``(2) to any institution of higher education after the date 
        of enactment of this subsection unless the institution 
        demonstrates to the Secretary that the institution meets or 
        exceeds the most current version of ASHRAE/IES Standard 90.1 
        (as such term is used in section 342(a)(6) of the Energy Policy 
        and Conservation Act (42 U.S.C. 6313(a)(6)) for any new 
        facilities construction or major renovation of that institution 
        after that date, except that this paragraph shall not apply 
        with respect to barns or greenhouses or similar structures 
        owned by the institution.''.
    (d) Technical Amendments.--Part B of title VII (20 U.S.C. 1038 et 
seq.) is further amended--
            (1) in section 742 (20 U.S.C. 1138a)--
                    (A) in subsection (b)--
                            (i) by striking ``(1) In general.--''; and
                            (ii) by striking paragraph (2);
                    (B) in subsection (c), by striking ``and the 
                Director'' each place it appears; and
                    (C) in subsection (d), by striking ``Director'' and 
                inserting ``Secretary'';
            (2) in section 743 (20 U.S.C. 1138b)--
                    (A) by striking ``(a) Technical Employees.--''; and
                    (B) by striking subsection (b); and
            (3) in section 744(a) (20 U.S.C. 1138c(a)), by striking 
        ``Director'' each place it appears and inserting ``Secretary''.
    (e) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is 
amended by adding at the end the following:
            ``(5) Establishment of academic programs including graduate 
        and undergraduate courses, seminars and lectures, support of 
        research, and development of teaching materials for the purpose 
        of supporting faculty and academic programs that teach 
        traditional American history (including significant 
        constitutional, political, intellectual, economic, diplomatic, 
        and foreign policy trends, issues, and documents; the history, 
        nature, and development of democratic institutions of which 
        American democracy is a part; and significant events and 
        individuals in the history of the United States).
            ``(6) Establishment of centers to incorporate education in 
        quality and safety into the preparation of medical and nursing 
        students, through grants to medical schools, nursing schools, 
        and osteopathic schools. Such grants shall be used to assist in 
        providing courses of instruction that specifically equip 
        students to understand the causes and remedies for medical 
        error, medically-induced patient injuries and complications, 
        and other defects in medical care; engage effectively in 
        personal and systemic efforts to continually reduce medical 
        harm; and improve patient care and outcomes, as recommended by 
        the Institute of Medicine.''.
    (f) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) 
is amended by striking ``$30,000,000 for fiscal year 1999'' and 
inserting ``$40,000,000 for fiscal year 2009''.

SEC. 707. URBAN-SERVING RESEARCH UNIVERSITIES.

    Part C of title VII (20 U.S.C. 1139 et seq.) is amended to read as 
follows:

             ``PART C--URBAN-SERVING RESEARCH UNIVERSITIES

``SEC. 751. PURPOSE; PROGRAM AUTHORIZED.

    ``(a) Purpose.--It is the purpose of this part to provide 
incentives to urban-serving research universities to enable such 
universities to expand research knowledge and to develop and implement 
initiatives in partnership with community-based organizations and other 
public or nonprofit private entities to strengthen city economies, 
foster innovation and opportunity, and solve urban challenges.
    ``(b) Program Authorized.--The Secretary is authorized to award 
grants to urban-serving research universities to enable such 
universities to carry out the activities described in section 753 in 
accordance with the provisions of this part.

``SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY GRANTS.

    ``(a) Application.--An urban-serving research university seeking 
assistance under this part shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may reasonably require.
    ``(b) Priority in Selection of Applications.--The Secretary shall 
give priority to applications that propose to conduct joint projects 
supported by Federal, State, and local programs other than the program 
under this Act. In addition, the Secretary shall give priority to 
urban-serving research universities with a demonstrated record of 
effective engagement in serving the communities in which such 
universities are located.

``SEC. 753. ALLOWABLE ACTIVITIES.

    ``An urban-serving research university shall use funds awarded 
under this part to further develop and apply research findings to the 
development, implementation, and ongoing evaluation of--
            ``(1) systemic initiatives with elementary and secondary 
        schools and other educational organizations designed to--
                    ``(A) improve teacher quality and retention; or
                    ``(B) develop strategies to improve postsecondary 
                and workplace readiness, particularly in fields related 
                to science, technology, engineering, and mathematics;
            ``(2) innovative economic revitalization efforts in 
        conjunction with community-based organizations and other public 
        or nonprofit private entities; or
            ``(3) public health outreach, education, and intervention 
        activities designed to reduce health disparities in urban 
        areas, in partnership with community-based organizations and 
        other public or nonprofit private entities.

``SEC. 754. DEFINITIONS.

    ``As used in this part:
            ``(1) Urban area.--The term `urban area' means a city with 
        a population of not less than 200,000 within a metropolitan 
        statistical area.
            ``(2) Urban-serving research university.--The term `urban-
        serving research university' means a public institution of 
        higher education that--
                    ``(A) meets the requirements of section 101;
                    ``(B) is located in an urban area;
                    ``(C) has the capacity to conduct applicable 
                research, as demonstrated by awarding more than 10 
                doctoral degrees per academic year;
                    ``(D) draws a substantial portion of its students 
                from the urban area in which such institution is 
                located; and
                    ``(E) has demonstrated and sustained a sense of 
                responsibility to such urban area and the people of 
                such area.

``SEC. 755. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$50,000,000 for fiscal year 2009 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.

SEC. 708. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A 
              QUALITY HIGHER EDUCATION.

    (a) Serving All Students With Disabilities.--Section 762(a) (20 
U.S.C. 1140a(a)) is amended by striking ``students with learning 
disabilities'' and inserting ``students with disabilities''.
    (b) Authorized Activities.--
            (1) Amendment.--Section 762(b)(2) is amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``, including methods and 
                        strategies consistent with the principles of 
                        universal design for learning'' after 
                        ``strategies''; and
                            (ii) by inserting ``in order to improve 
                        retention and completion'' after 
                        ``disabilities'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (F), respectively;
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Effective transition practices.--The 
                development of innovative, effective, and efficient 
                teaching methods and strategies to ensure the smooth 
                transition of students with disabilities from high 
                school to postsecondary education.''; and
                    (D) by inserting after subparagraph (C) (as 
                redesignated by subparagraph (B) of this paragraph) the 
                following new subparagraphs:
                    ``(D) Distance learning.--The development of 
                innovative, effective, and efficient teaching methods 
                and strategies to provide faculty and administrators 
                with the ability to provide accessible distance 
                education programs or classes that would enhance access 
                of students with disabilities to higher education, 
                including the use of accessible electronic 
                communication for instruction and advisement.
                    ``(E) Accessibility of education.--Making 
                postsecondary education more accessible to students 
                with disabilities through the use of accessible 
                instructional materials and curriculum development, 
                consistent with the principles of universal design for 
                learning.''.
            (2) Report.--Section 762 is further amended by adding at 
        the end the following new subsection:
    ``(d) Report.--Not later than 3 years after the date of enactment 
of the College Opportunity and Affordability Act of 2008, the Secretary 
shall prepare and disseminate a report reviewing the activities of the 
demonstration projects authorized under this subpart and providing 
guidance and recommendations on how successful projects can be 
replicated.''.
            (3) Conforming amendment.--Section 762(b)(3) is amended by 
        striking ``subparagraphs (A) through (C)'' and inserting 
        ``subparagraphs (A) through (F)''.
    (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) a description of how such institution plans to 
        address the activities allowed under this subpart;'';
            (2) in paragraph (2)--
                    (A) by striking ``institution to develop'' and 
                inserting ``institution, including students with 
                disabilities, to develop''; and
                    (B) by striking ``and'' at the end;
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) a description of the extent to which an institution 
        will work to replicate the best practices of institutions of 
        higher education with demonstrated success in serving students 
        with disabilities.''.
    (d) Authorization of Appropriations for Demonstration Projects To 
Ensure Students With Disabilities Receive a Quality Higher Education.--
Section 765 (20 U.S.C. 1140d) is amended by striking ``1999'' and 
inserting ``2009''.
    (e) National Technical Assistance Center; Commission on Accessible 
Materials; Programs To Support Improved Access to Materials; Transition 
Programs for Students With Intellectual Disabilities; Coordinating 
Center.--Part D of title VII (20 U.S.C. 1140 et seq.) is further 
amended--
            (1) in the part heading, by striking ``demonstration 
        projects'' and inserting ``programs'';
            (2) by inserting after the part heading the following:

                ``Subpart 1--Quality Higher Education'';

        and
            (3) by adding at the end the following:

   ``Subpart 2--National Technical Assistance Center; Commission on 
 Accessible Materials; Programs to Support Improved Access to Materials

``SEC. 766. NATIONAL CENTER.

    ``(a) Purpose.--It is the purpose of this subpart to support the 
development of a national center to provide information and technical 
assistance for students with disabilities to improve the postsecondary 
recruitment, retention, and completion success rates of such students.
    ``(b) Establishment and Support.--The Office of Postsecondary 
Education shall, by grant, contract, or cooperative agreement with an 
eligible entity or partnership of two or more eligible entities, 
provide for the establishment and support of a National Center for 
Information and Technical Support for Postsecondary Students with 
Disabilities (hereinafter in this subpart referred to as the `Center') 
which shall carry out the duties set forth in subsection (d).
    ``(c) Eligible Entity.--In this subpart, the term `eligible entity' 
means an institution of higher education or a private nonprofit 
organization with demonstrated expertise in--
            ``(1) supporting postsecondary students with disabilities;
            ``(2) technical knowledge necessary for the accessible 
        dissemination of information; and
            ``(3) working with a diverse range of types of institutions 
        of higher education, including community colleges.
    ``(d) Duties.--The duties of the Center shall include the 
following:
            ``(1) Assistance to students and families.--The Center 
        shall provide information and technical assistance to students 
        with disabilities and their families related to practices 
        supporting students across a broad spectrum of disabilities, 
        including--
                    ``(A) information to assist prospective students 
                with disabilities in planning their postsecondary 
                academic career while they are in middle and secondary 
                school;
                    ``(B) research-based supports, services, and 
                accommodations which are available in postsecondary 
                settings, including services provided by other agencies 
                such as vocational rehabilitation;
                    ``(C) information on student mentoring and 
                networking opportunities; and
                    ``(D) successful recruitment and transition 
                programs in existence in postsecondary institutions.
            ``(2) Assistance to institutions of higher education.--The 
        Center shall provide information and technical assistance to 
        faculty, staff, and administrators of institutions of higher 
        education to improve the services provided to, the 
        accommodations for, the retention rates of, and the completion 
        rates of, students with disabilities in higher education 
        settings, which may include--
                    ``(A) collection and dissemination of promising 
                practices and materials for accommodation and support 
                of students with disabilities;
                    ``(B) development and provision of training modules 
                for higher education faculty on exemplary practices for 
                accommodating and supporting students with disabilities 
                across a range of academic fields; and
                    ``(C) development of Internet-based tutorials for 
                faculty, including graduate teaching assistants and new 
                faculty, on promising practices related to support and 
                retention of students with disabilities in 
                postsecondary education.
            ``(3)  Information collection and dissemination.--The 
        Center shall be responsible for building, maintaining, and 
        updating a database of disability support services information 
        with respect to institutions of higher education, or for 
        expanding and updating an existing database of disabilities 
        support services information with respect to institutions of 
        higher education, which shall be available to the general 
        public through a website built to the highest technical 
        standards of accessibility currently practicable for the broad 
        spectrum of individuals with disabilities. Such database and 
        website shall include available information on--
                    ``(A) disability documentation requirements;
                    ``(B) support services available;
                    ``(C) links to financial aid;
                    ``(D) accommodations policies;
                    ``(E) accessible instructional materials;
                    ``(F) other topics relevant to students with 
                disabilities and prospective students with 
                disabilities; and
                    ``(G) the information in the report described in 
                paragraph (5).
            ``(4) Professional standards for disability support 
        personnel.--The Center shall work with organizations and 
        individuals with proven expertise related to disability support 
        services for postsecondary students with disabilities to 
        consolidate, evaluate, improve upon, and disseminate 
        information related to professional standards and best 
        practices for disability support services personnel and offices 
        in institutions of higher education.
            ``(5) Review and report.--Not later than 3 years after the 
        establishment of the Center, and every 2 years thereafter, the 
        Center shall prepare and disseminate a report to Congress and 
        the Secretary analyzing the current condition of postsecondary 
        success for students with disabilities. Such report shall 
        include--
                    ``(A) a review of the activities of the programs 
                authorized under this part;
                    ``(B) annual enrollment and graduation rates of 
                students with disabilities in institutions of higher 
                education from existing data;
                    ``(C) guidance on how successful postsecondary 
                supports and services for students with disabilities 
                could be widely implemented at institutions of higher 
                education;
                    ``(D) guidance on how to reduce barriers to full 
                participation for students with disabilities in higher 
                education; and
                    ``(E) a description of activities necessary to 
                facilitate a substantial improvement in the 
                postsecondary success of such students.
    ``(e) Staffing of the Center.--The Center shall employ disability 
support personnel with proven expertise in providing training and 
technical assistance to practitioners.

``SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE 
              INSTRUCTIONAL MATERIALS IN POSTSECONDARY EDUCATION FOR 
              STUDENTS WITH DISABILITIES.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish a 
        commission to be known as the Advisory Commission on Accessible 
        Instructional Materials in Postsecondary Education for Students 
        with Disabilities, in this subpart referred to as the 
        `Commission'.
            ``(2) Membership.--
                    ``(A) The Commission shall include one 
                representative of each of the following:
                            ``(i) Department of Education Office of 
                        Postsecondary Education.
                            ``(ii) Department of Education Office of 
                        Special Education and Rehabilitative Services.
                            ``(iii) Department of Education Office for 
                        Civil Rights.
                            ``(iv) Library of Congress National Digital 
                        Information and Infrastructure Preservation 
                        Program Copyright Working Group.
                            ``(v) Association on Higher Education and 
                        Disability.
                            ``(vi) Association of American Publishers.
                            ``(vii) Association of American University 
                        Presses.
                            ``(viii) National Association of College 
                        Stores.
                            ``(ix) National Council on Disability.
                    ``(B) The Commission shall be composed of at least 
                one but not more than two representatives, as appointed 
                by the Secretary, of each of the following:
                            ``(i) Staff from institutions of higher 
                        education with demonstrated experience teaching 
                        or supporting students with print disabilities, 
                        representing each of the following:
                                    ``(I) Large public institution of 
                                higher education.
                                    ``(II) Small public institution of 
                                higher education.
                                    ``(III) Large private institution 
                                of higher education.
                                    ``(IV) Small private institution of 
                                higher education.
                                    ``(V) Large community college.
                                    ``(VI) Small community college.
                            ``(ii) Producers of materials in 
                        specialized formats, including each of the 
                        following:
                                    ``(I) Braille.
                                    ``(II) Audio or synthesized speech.
                                    ``(III) Digital media.
                            ``(iii) Developers of accessibility and 
                        publishing software and supporting 
                        technologies.
                            ``(iv) National organizations serving 
                        individuals with visual impairments that have 
                        demonstrated experience in technology 
                        evaluation research, academic publishing, 
                        production of material in accessible formats, 
                        and educational methodologies for such for 
                        individuals.
                            ``(v) Postsecondary students with visual 
                        impairment.
                            ``(vi) Postsecondary students with dyslexia 
                        or other learning disabilities related to 
                        reading.
                            ``(vii) Attorneys with expertise in 
                        copyright law.
                    ``(C) The Commission shall include at least two, 
                but not more than three, representatives as appointed 
                by the Secretary, of national membership organizations 
                representing individuals with print disabilities, 
                including each of the following:
                            ``(i) Individuals with visual impairments.
                            ``(ii) Individuals with learning 
                        disabilities related to reading.
                    ``(D) The appointments of the members of the 
                Commission shall be made not later than 45 days after 
                the date of enactment of the College Opportunity and 
                Affordability Act of 2008.
            ``(3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in the 
        Commission shall not affect its powers, but shall be filled in 
        the same manner as the original appointment.
            ``(4) Initial meeting.--Not later than 30 days after the 
        date on which all members of the Commission have been 
        appointed, the Commission shall hold the Commission's first 
        meeting.
            ``(5) Meetings.--The Commission shall meet at the call of 
        the Chairperson. Meetings shall be publicly announced in 
        advance and open to the public.
            ``(6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            ``(7) Chairperson and vice chairperson.--The Commission 
        shall select a chairperson and vice chairperson from among the 
        members of the Commission.
    ``(b) Duties of the Commission.--
            ``(1) Study.--
                    ``(A) In general.--The Commission shall conduct a 
                thorough study to assess the barriers, systemic issues, 
                and technical solutions available which may affect or 
                improve the timely delivery and quality of accessible 
                instructional materials for postsecondary students, 
                faculty, and staff with print disabilities, and make 
                recommendations related to the development of a 
                comprehensive approach that will ensure that 
                postsecondary students with print disabilities can 
                access instructional materials in specialized formats 
                in a timeframe comparable to the availability of 
                standard instructional materials for students without 
                disabilities.
                    ``(B) Existing information.--To the extent 
                practicable, in carrying out the study under this 
                paragraph, the Commission shall identify and use 
                existing research, recommendations, and information 
                from--
                            ``(i) the Model Demonstration Programs to 
                        Support Improved Access to Postsecondary 
                        Instructional Materials for Students with Print 
                        Disabilities, as described in section 766B;
                            ``(ii) the Advisory Council and the 
                        Technical Assistance and Development Centers of 
                        the National Instructional Materials Access 
                        Center;
                            ``(iii) the Library of Congress National 
                        Digital Information and Infrastructure 
                        Preservation Program Copyright Working Group;
                            ``(iv) the Association of Higher Education 
                        and Disabilities E-Text Solutions Working 
                        Group;
                            ``(v) the Recording for the Blind and 
                        Dyslexic's Technology Advisory Committee;
                            ``(vi) the Association of American 
                        Publishers Higher Education Division's Critical 
                        Issues Task Force; and
                            ``(vii) other existing research related to 
                        the creation and distribution of accessible 
                        instructional materials for students with print 
                        disabilities.
                    ``(C) Recommendations.--The Commission shall 
                develop recommendations to be used to inform Federal 
                regulation and legislation, to identify best practices 
                for systems of creating, collecting, maintaining, 
                processing, and disseminating materials in specialized 
                formats to eligible students, faculty, and staff while 
                providing adequate copyright protections. In developing 
                such recommendations, the Commission shall consider--
                            ``(i) how to ensure that students with 
                        print disabilities may obtain instructional 
                        materials in accessible formats within a 
                        timeframe comparable to the availability of 
                        materials for students without disabilities;
                            ``(ii) the feasibility and technical 
                        parameters of establishing national 
                        standardized electronic file formats such as, 
                        but not limited to, the National Instructional 
                        Materials Accessibility Standard as defined in 
                        section 674(e)(3)(B) of the Individuals with 
                        Disabilities Education Act, to be provided by 
                        publishers of instructional materials to 
                        producers of specialized formats, institutions 
                        of higher education, and eligible students;
                            ``(iii) the feasibility of the 
                        establishment of a national clearinghouse, 
                        repository, or file-sharing network for 
                        electronic files in specialized formats and 
                        files used in producing instructional materials 
                        in specialized formats, and a list of possible 
                        entities qualified to administer such a 
                        clearinghouse, repository, or network;
                            ``(iv) the feasibility of including such a 
                        national clearinghouse, repository, or file-
                        sharing network in the duties of the Center 
                        described in section 766;
                            ``(v) market-based solutions involving 
                        collaborations between publishers of 
                        instructional materials, producers of 
                        specialized formats, and institutions of higher 
                        education, including--
                                    ``(I) barriers and opportunities to 
                                market entry;
                                    ``(II) unique concerns affecting 
                                university presses, small publishers, 
                                and solutions incorporating such works 
                                into a shared system; and
                                    ``(III) solutions utilizing 
                                universal design;
                            ``(vi) solutions for low-incidence, high-
                        cost requests for materials in specialized 
                        formats; and
                            ``(vii) definitions of instructional 
                        materials, authorized entities, and eligible 
                        students.
            ``(2) Report.--Not later than 24 months after the first 
        meeting, the Commission shall submit a report to the Secretary 
        and to Congress that shall contain a detailed statement of the 
        findings and conclusions of the Commission resulting from the 
        study under subsection (a), together with the Commission's 
        recommendations for such legislation and administrative actions 
        as the Commission considers to be appropriate to implement the 
        development of a comprehensive approach that will ensure that 
        postsecondary students with print disabilities can access 
        instructional materials in specialized formats in a timeframe 
        comparable to the availability of standard instructional 
        materials for students without disabilities.
            ``(3) Facilitation of exchange of information.--In carrying 
        out the study under subsection (a), the Commission shall, to 
        the extent practicable, facilitate the exchange of information 
        concerning the issues that are the subject of the study among--
                    ``(A) officials of the Federal Government;
                    ``(B) educators from Federal, State, and local 
                institutions of higher education and secondary schools;
                    ``(C) publishers of instructional materials;
                    ``(D) producers of materials in specialized 
                formats;
                    ``(E) representatives from the community of 
                individuals with print disabilities; and
                    ``(F) participants in the Model Demonstration 
                Programs to Support Improved Access to Postsecondary 
                Instructional Materials for Students with Print 
                Disabilities, as described in section 766B.
    ``(c) Commission Personnel Matters.--
            ``(1) Compensation of members.--Each member of the 
        Commission who is not an officer or employee of the Federal 
        Government shall serve without compensation. All members of the 
        Commission who are officers or employees of the United States 
        shall serve without compensation in addition to that received 
        for their services as officers or employees of the United 
        States.
            ``(2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            ``(3) Staff.--
                    ``(A) In general.--The Chairperson of the 
                Commission may, without regard to the civil service 
                laws and regulations, appoint and terminate an 
                executive director and such other additional personnel 
                as may be necessary to enable the Commission to perform 
                the Commission's duties. The employment of an executive 
                director shall be subject to confirmation by the 
                Commission.
                    ``(B) Compensation.--The Chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            ``(4) Detail of government employees.--Any Federal 
        Government employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            ``(5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    ``(d) Termination of the Commission.--The Commission shall 
terminate on the date that is 90 days after the date on which the 
Commission submits the Commission's report under subsection (b)(2).

``SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED ACCESS TO 
              POSTSECONDARY INSTRUCTIONAL MATERIALS FOR STUDENTS WITH 
              PRINT DISABILITIES.

    ``(a) Purpose.--It is the purpose of this section to support model 
demonstration programs to encourage the development of systems to 
improve the timely delivery and quality of postsecondary instructional 
materials in specialized formats to students with print disabilities, 
including systems to improve efficiency and reduce duplicative efforts 
across multiple institutions of higher education.
    ``(b) In General.--The Secretary shall, on a competitive basis, 
award grants to, and enter into cooperative agreements with, a minimum 
of one partnership of two or more eligible entities to support the 
activities described in subsections (d) and (e).
    ``(c) Partnership of Eligible Entities.--In this section, a 
partnership of two or more eligible entities--
            ``(1) shall include--
                    ``(A) an institution of higher education with 
                demonstrated expertise in meeting the needs of students 
                with print disabilities, including retention and 
                completion of such students; and
                    ``(B) a public or private entity with demonstrated 
                expertise in working with the creation of accessible 
                instructional materials in specialized formats for 
                postsecondary students with print disabilities, and the 
                technical development expertise necessary for the 
                efficient dissemination of such materials, including 
                procedures to protect against copyright infringement 
                with respect to the creation, use, and distribution of 
                print course materials in specialized formats; and
            ``(2) may include one or more publishers of instructional 
        materials.
    ``(d) Required Activities.--The Secretary shall support the 
development and implementation of the following:
            ``(1) Processes and systems to help identify, and verify 
        eligibility of, postsecondary students with print disabilities 
        in need of instructional materials in specialized formats.
            ``(2) Procedures and systems to facilitate and simplify 
        request methods for accessible instructional materials in 
        specialized formats from eligible students, which may include a 
        single point-of-entry system.
            ``(3) Procedures and systems to coordinate between 
        institutions of higher education, publishers of instructional 
        materials, and entities that produce materials in specialized 
        formats, to efficiently facilitate requests for such materials, 
        the responses to such requests, and the delivery of such 
        materials.
            ``(4) Delivery systems that will ensure the timely 
        provision of instructional materials in specialized formats to 
        eligible students, which may include electronic file 
        distribution.
            ``(5) Systems to encourage reduction of duplicative 
        conversions of the same instructional materials for multiple 
        eligible students at multiple institutions of higher education 
        when such conversions may be shared.
            ``(6) Procedures to protect against copyright infringement 
        with respect to the creation, use, and distribution of 
        instructional materials while maintaining accessibility for 
        students with print disabilities, which may include digital 
        technologies such as watermarking, fingerprinting, and other 
        emerging strategies.
            ``(7) Awareness, outreach, and training activities for 
        faculty, staff, and students related to the acquisition and 
        dissemination of instructional materials in specialized formats 
        and instructional materials utilizing universal design.
            ``(8) Evaluation of the effectiveness of the programs under 
        this section.
            ``(9) Guidance on how successful procedures and systems 
        described in paragraphs (1) through (7) could be disseminated 
        and implemented on a national basis.
    ``(e) Authorized Activities.--The Secretary may support the 
development and implementation of the following:
            ``(1) Approaches limited to instructional materials used in 
        smaller categories of postsecondary courses, such as 
        introductory, first-, and second-year courses.
            ``(2) Market-based approaches for making instructional 
        materials in specialized formats directly available to eligible 
        students at prices comparable to standard instructional 
        materials.
            ``(3) Approaches supporting a unified search across 
        multiple databases or lists of available materials.
    ``(f) Application.--A partnership of eligible entities that wishes 
to apply for a grant under this section shall submit an application for 
such grant at such time, in such manner and in such format as the 
Secretary may prescribe. The application shall include information on 
how the partnership will implement activities under subsection (d) and, 
as applicable, subsection (e).
    ``(g) Priority.--In awarding grants under this section, the 
Secretary shall give priority consideration to any applications that 
include development and implementation of the procedures and systems 
described in subsection (e)(2) or (e)(3).
    ``(h) Report to Congress.--Not later than 3 years after the date of 
the first grant award under this section, the Secretary shall submit to 
Congress a report that includes--
            ``(1) the number of grants and the amount of funds 
        distributed under this section;
            ``(2) a summary of the purposes for which the grants were 
        provided and an evaluation of the progress made under such 
        grants;
            ``(3) a summary of the activities implemented under 
        subsection (d) and, as applicable, subsection (e), including 
        data on the number of students served and the number of 
        instructional material requests executed and delivered in 
        specialized formats; and
            ``(4) an evaluation of the effectiveness of programs funded 
        under this section.
    ``(i) Model Expansion.--After 3 years, the Secretary shall review 
the results of the evaluations of participating partnerships, as well 
as the Commission report described in section 766A. If the Secretary 
finds that models used under this section are effective in improving 
the timely delivery and quality of materials in specialized formats and 
provide adequate protections against copyright infringement, the 
Secretary may expand the demonstration program to additional grantees 
reflecting regional and programmatic partnerships.
    ``(j) Model Expansion Special Rule.--The Commission's 
recommendations shall be submitted to the Secretary and a public 
comment period shall be issued prior to any expansion under subsection 
(i). No later than 90 days after close of public comment period, the 
Secretary shall issue guidance to new and existing grantees, taking 
into consideration the final Commission recommendations and public 
comments.
    ``(k) Rule of Construction.--Nothing in this subpart shall be 
construed to limit or preempt any State law requiring the production or 
distribution of postsecondary instructional materials in accessible 
formats to students with disabilities.

``SEC. 766C. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for fiscal year 2009 and each of the 4 
succeeding fiscal years.

    ``Subpart 3--Transition Programs for Students With Intellectual 
        Disabilities Into Higher Education; Coordinating Center

``SEC. 767. PURPOSE.

    ``The purpose of this subpart is to support model demonstration 
programs that promote the successful transition of students with 
intellectual disabilities into higher education.

``SEC. 768. DEFINITIONS.

    ``In this Act:
            ``(1) Comprehensive transition and postsecondary program 
        for students with intellectual disabilities.--The term 
        `comprehensive transition and postsecondary program for 
        students with intellectual disabilities' means a degree, 
        certificate, or nondegree program that is--
                    ``(A) offered by an institution of higher 
                education;
                    ``(B) designed to support students with an 
                intellectual disability who are seeking to continue 
                academic, vocational, and independent living 
                instruction at an institution of higher education in 
                order to prepare for gainful employment and independent 
                living;
                    ``(C) includes an advising and curriculum 
                structure; and
                    ``(D) requires students to participate on at least 
                a half-time basis, as determined by the institution, 
                with such participation focusing on academic components 
                such as reading, language arts, or math, and occurring 
                through a combination of one or more of the following 
                activities:
                            ``(i) Regular enrollment in courses offered 
                        by the institution.
                            ``(ii) Auditing or participating in courses 
                        offered by the institution for which the 
                        student does not receive regular academic 
                        credit.
                            ``(iii) Enrollment in noncredit, nondegree 
                        courses.
                            ``(iv) Participation in internships or 
                        apprenticeships.
            ``(2) Student with an intellectual disability.--The term 
        `student with an intellectual disability' means a student who 
        is--
                    ``(A) an individual whose mental retardation or 
                other significant cognitive impairment substantially 
                impacts the individual's intellectual and cognitive 
                functioning; and
                    ``(B)(i) a student eligible for assistance under 
                the Individuals with Disabilities Education Act who has 
                completed secondary school; or
                    ``(ii) an individual who was, but is no longer, 
                eligible for assistance under the Individuals with 
                Disabilities Education Act because the individual has 
                exceeded the maximum age for which the State in which 
                the student resides provides a free appropriate public 
                education.

``SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS 
              FOR STUDENTS WITH INTELLECTUAL DISABILITIES.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Office of Postsecondary Education 
        shall annually award grants, on a competitive basis, to 
        institutions of higher education (or consortia of institutions 
        of higher education), to create or expand high-quality, 
        inclusive model comprehensive transition and postsecondary 
        programs for students with intellectual disabilities.
            ``(2) Duration of grants.--A grant under this section shall 
        be awarded for a period of 5 years.
    ``(b) Application.--An institution of higher education (or a 
consortium) desiring a grant under this section shall submit an 
application to the Office of Postsecondary Education at such time, in 
such manner, and containing such information as the Office of 
Postsecondary Education may require.
    ``(c) Preference.--In awarding grants under this section, the 
Office of Postsecondary Education shall give preference to institutions 
of higher education (or consortia) that--
            ``(1) are located in geographically diverse, underserved 
        areas; or
            ``(2) in the application submitted under subsection (b), 
        agree to incorporate 1 or more of the following elements into 
        the model programs carried out under the grant:
                    ``(A) The formation of a partnership with any 
                relevant agency serving students with intellectual 
                disabilities, such as a vocational rehabilitation 
                agency.
                    ``(B) In the case of an institution of higher 
                education that provides institutionally owned or 
                operated housing for students attending the 
                institution, the integration of students with 
                intellectual disabilities into such housing.
                    ``(C) The involvement of students attending the 
                institution of higher education who are studying 
                special education, general education, vocational 
                rehabilitation, assistive technology, or related fields 
                in the model program carried out under the grant.
    ``(d) Use of Funds.--An institution of higher education (or 
consortium) receiving a grant under this section shall use the grant 
funds to establish a model comprehensive transition and postsecondary 
program for students with intellectual disabilities that--
            ``(1) serves students with intellectual disabilities;
            ``(2) provides individual supports and services for the 
        academic and social inclusion of students with intellectual 
        disabilities in academic courses, extracurricular activities, 
        and other aspects of the institution of higher education's 
        regular postsecondary program;
            ``(3) with respect to the students with intellectual 
        disabilities participating in the model program, provides a 
        focus on--
                    ``(A) academic enrichment;
                    ``(B) socialization;
                    ``(C) independent living, including self-advocacy 
                skills; and
                    ``(D) integrated work experiences and career skills 
                that lead to gainful employment;
            ``(4) integrates person-centered planning in the 
        development of the course of study for each student with an 
        intellectual disability participating in the model program;
            ``(5) participates with the coordinating center established 
        under section 770 in the evaluation of the model program;
            ``(6) partners with 1 or more local educational agencies to 
        support the participation of students with intellectual 
        disabilities in the model program who are still eligible for 
        special education and related services under the Individuals 
        with Disabilities Education Act, including regarding the 
        utilization of funds available under part B of such Act for 
        such students;
            ``(7) plans for the sustainability of the model program 
        after the end of the grant period; and
            ``(8) creates and offers a meaningful credential for 
        students with intellectual disabilities upon the completion of 
        the model program.
    ``(e) Matching Requirement.--An institution of higher education 
that receives a grant under this section shall provide matching funds 
toward the cost of the model comprehensive transition and postsecondary 
program for students with intellectual disabilities carried out under 
the grant, which may be provided in cash or in kind, in an amount not 
less than 25 percent of the amount of such grant funds.
    ``(f) Report.--Not later than 5 years after the date of the first 
grant award under this section, the Office of Postsecondary Education 
shall prepare and disseminate a report to the authorizing committees 
and to the public that reviews the activities of the model 
comprehensive transition and postsecondary programs for students with 
intellectual disabilities authorized under this subpart and provides 
guidance and recommendations on how successful programs can be 
replicated.

``SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, EVALUATION, 
              AND DEVELOPMENT OF STANDARDS.

    ``(a) In General.--
            ``(1) Award.--The Office of Postsecondary Education shall, 
        on a competitive basis, enter into a cooperative agreement with 
        an eligible entity, for the purpose of establishing a 
        coordinating center for technical assistance, evaluation, and 
        recommendations related to the development of accreditation 
        standards for institutions of higher education that offer 
        inclusive comprehensive transition and postsecondary programs 
        for students with intellectual disabilities.
            ``(2) Duration.--The cooperative agreement under this 
        section shall be for a period of 5 years.
    ``(b) Requirements of Cooperative Agreement.--The eligible entity 
entering into a cooperative agreement under this section shall 
establish and maintain a center that shall--
            ``(1) serve as the technical assistance entity for all 
        comprehensive transition and postsecondary programs for 
        students with intellectual disabilities assisted under section 
        769;
            ``(2) provide technical assistance regarding the 
        development, evaluation, and continuous improvement of such 
        programs;
            ``(3) develop an evaluation protocol for such programs that 
        includes qualitative and quantitative methodology measuring 
        student outcomes and program strengths in the areas of academic 
        enrichment, socialization, independent living, and competitive 
        or supported employment;
            ``(4) assist recipients of grants under section 769 in 
        efforts to award a meaningful credential to students with 
        intellectual disabilities upon the completion of such programs, 
        which credential takes into consideration unique State factors;
            ``(5) define the necessary components of such programs, 
        such as--
                    ``(A) academic, vocational, social, and independent 
                living skills;
                    ``(B) evaluation of student progress;
                    ``(C) program administration and evaluation;
                    ``(D) student eligibility; and
                    ``(E) issues regarding the equivalency of a 
                student's participation in such programs to semester, 
                trimester, quarter, credit, or clock hours at an 
                institution of higher education, as the case may be;
            ``(6) analyze possible funding streams for such programs 
        and provide recommendations regarding funding streams;
            ``(7) develop model memoranda of agreement between 
        institutions of higher education and agencies providing funding 
        for such programs;
            ``(8) develop mechanisms for regular communication between 
        the recipients of grants under section 769 regarding such 
        programs;
            ``(9) host a meeting of all recipients of grants under 
        section 769 not less often than once each year; and
            ``(10) convene a workgroup to develop recommendations on 
        criteria, standards, and components of such programs as 
        described in paragraph (5), to include the participation of--
                    ``(A) an expert in higher education;
                    ``(B) an expert in special education;
                    ``(C) a disability organization that represents 
                students with intellectual disabilities; and
                    ``(D) a national, State, or regional accrediting 
                agency or association recognized by the Secretary under 
                subpart 2 of part H of title IV.
    ``(c) Report.--No later than 5 years after the date of the 
establishment of the coordinating center under this section, such 
center shall report to the Secretary, the Congress, and the National 
Advisory Committee on Institutional Quality and Integrity on the 
recommendations of the workgroup described in subsection (b)(10).
    ``(d) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means an entity, or a partnership of entities, that 
has demonstrated expertise in the fields of higher education, students 
with intellectual disabilities, the development of comprehensive 
transition and postsecondary programs for students with intellectual 
disabilities, evaluation, and technical assistance.

``SEC. 770A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this subpart for fiscal year 2009 and each of 
the 4 succeeding fiscal years.''.
    (f) Conforming Amendments.--Part D of title VII (20 U.S.C. 1140 et 
seq.) is further amended--
            (1) in section 761, by striking ``part'' and inserting 
        ``subpart'';
            (2) in section 762 (as amended by subsection (a)), by 
        striking ``part'' each place the term appears and inserting 
        ``subpart'';
            (3) in section 763, in the matter preceding paragraph (1), 
        by striking ``part'' and inserting ``subpart'';
            (4) in section 764, by striking ``part'' and inserting 
        ``subpart''; and
            (5) in section 765, by striking ``part'' and inserting 
        ``subpart''.

SEC. 709. SUBGRANTS TO NONPROFIT ORGANIZATIONS.

    Section 771(e) (20 U.S.C. 1141(e)), as added by section 802 of the 
College Cost Reduction and Access Act of 2007, is amended by inserting 
after ``of this Act)'' the following: ``, or those who have agreements 
with the Secretary under section 435(j)''.

SEC. 710. NURSING EDUCATION.

    Title VII (20 U.S.C. 1133 et seq.) is further amended by adding at 
the end the following new part:

                      ``PART F--NURSING EDUCATION

``SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL 
              NURSING STUDENTS.

    ``(a) Authorization.--The Secretary shall award grants to 
institutions of higher education that offer--
            ``(1) a R.N. nursing program at the baccalaureate or 
        associate degree level to enable such program to expand the 
        faculty and facilities of such program to accommodate 
        additional R.N. nursing program students; or
            ``(2) a graduate-level nursing program to accommodate 
        advanced practice degrees for Registered Nurses or to 
        accommodate students enrolled in a graduate-level nursing 
        program to provide teachers of nursing students.
    ``(b) Determination of Number of Students and Application.--Each 
institution of higher education that offers a program described in 
subsection (a) that desires to receive a grant under this section 
shall--
            ``(1) determine for the 4 academic years preceding the 
        academic year for which the determination is made the average 
        number of matriculated nursing program students, in each of the 
        institution's nursing programs (associate, baccalaureate, or 
        advanced nursing degree program), at such institution for such 
        academic years; and
            ``(2) submit an application to the Secretary at such time, 
        in such manner, and accompanied by such information as the 
        Secretary may require, including the average number in each of 
        the institution's nursing programs determined under paragraph 
        (1).
    ``(c) Grant Amount; Award Basis.--
            ``(1) Grant amount.--For each academic year after academic 
        year 2008-2009, the Secretary is authorized to provide to each 
        institution of higher education awarded a grant under this 
        section an amount that is equal to $3,000 multiplied by the 
        number of matriculated nursing program students at such 
        institution for such academic year that is more than the 
        average number determined with respect to such institution 
        under subsection (b)(1). Such amount shall be used for the 
        purposes described in subsection (a).
            ``(2) Distribution of grants among different degree 
        programs.--
                    ``(A) In general.--Subject to subparagraph (B), 
                from the funds available to award grants under this 
                section for each fiscal year, the Secretary shall--
                            ``(i) use 20 percent of such funds to award 
                        grants under this section to institutions of 
                        higher education for the purpose of 
                        accommodating advanced practice degrees or 
                        students in graduate-level nursing programs;
                            ``(ii) use 40 percent of such funds to 
                        award grants under this section to institutions 
                        of higher education for the purpose of 
                        expanding R.N. nursing programs at the 
                        baccalaureate degree level; and
                            ``(iii) use 40 percent of such funds to 
                        award grants under this section to institutions 
                        of higher education for the purpose of 
                        expanding R.N. nursing programs at the 
                        associate degree level.
                    ``(B) Distribution of excess funds.--If, for a 
                fiscal year, funds described in clause (i), (ii), or 
                (iii) of subparagraph (A) remain available after the 
                Secretary awards grants under this section to all 
                applicants for the particular category of nursing 
                programs described in such clause, the Secretary shall 
                use equal amounts of the remaining funds to award 
                grants under this section to applicants for the 
                remaining categories of nursing programs.
                    ``(C) Equitable distribution.--In awarding grants 
                under this section, the Secretary shall, to the extent 
                practicable, ensure--
                            ``(i) an equitable geographic distribution 
                        of the grants among the States; and
                            ``(ii) an equitable distribution of the 
                        grants among different types of institutions of 
                        higher education.
    ``(d) Prohibition.--
            ``(1) Use of funds.--Funds provided under this section may 
        not be used for the construction of new facilities.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to prohibit funds provided under this section from 
        being used for the repair or renovation of facilities.

``SEC. 777. NURSE FACULTY PILOT PROJECT.

    ``(a) Purposes.--The purposes of this section are to create a pilot 
program--
            ``(1) to provide scholarships to qualified nurses in 
        pursuit of an advanced degree with the goal of becoming faculty 
        members in an accredited nursing program; and
            ``(2) to provide grants to partnerships between accredited 
        schools of nursing and hospitals or health facilities to ensure 
        that those employees can earn a salary while obtaining an 
        advanced degree in nursing with the goal of becoming nurse 
        faculty.
    ``(b) Assistance Authorized.--
            ``(1) Competitive grants authorized.--The Secretary may, on 
        a competitive basis, award grants to, and enter into contracts 
        and cooperative agreements with, partnerships composed of an 
        accredited school of nursing at an institution of higher 
        education and a hospital or health facility to establish not 
        more than 5 pilot projects to enable such hospital or health 
        facility to retain its staff of experienced nurses while 
        providing a mechanism to have such nurses become, through an 
        accelerated nursing education program, faculty members of an 
        accredited school of nursing.
            ``(2) Duration; evaluation and dissemination.--
                    ``(A) Duration.--Grants under this section shall be 
                awarded for a period of 3 to 5 years.
                    ``(B) Mandatory evaluation and dissemination.--
                Grants under this section shall be primarily used for 
                evaluation, and dissemination to other institutions of 
                higher education, of the information obtained through 
                the activities described in subsection (a)(2).
            ``(3) Considerations in making awards.--In awarding grants 
        and entering into contracts and cooperative agreements under 
        this section, the Secretary shall consider the following:
                    ``(A) Geographic distribution.--Providing an 
                equitable geographic distribution of such grants.
                    ``(B) Rural and urban areas.--Distributing such 
                grants to urban and rural areas.
                    ``(C) Range and type of institution.--Ensuring that 
                the activities to be assisted are developed for a range 
                of types and sizes of institutions of higher education, 
                including institutions providing alternative methods of 
                delivery of instruction in addition to on-site 
                learning.
                    ``(D) Prior experience or exceptional programs.--
                The extent to which institutions of higher education 
                have demonstrated prior experience in providing 
                advanced nursing education programs to prepare nurses 
                interested in pursuing a faculty role.
            ``(4) Uses of funds.--Funds made available by grant, 
        contract, or cooperative agreement under this section may be 
        used--
                    ``(A) to develop a new national demonstration 
                initiative to align nursing education with the emerging 
                challenges of healthcare delivery; and
                    ``(B) for any one or more of the following 
                innovations in educational programs:
                            ``(i) To develop a clinical simulation 
                        laboratory in a hospital, health facility, or 
                        accredited school of nursing.
                            ``(ii) To purchase distance learning 
                        technologies and to expand methods of delivery 
                        of instruction to include alternatives in 
                        addition to on-site learning.
                            ``(iii) To fund release time for qualified 
                        nurses enrolled in the graduate nursing 
                        program.
                            ``(iv) To provide for faculty salaries.
                            ``(v) To collect and analyze data on 
                        educational outcomes.
    ``(c) Applications.--Each partnership desiring to receive a grant, 
contract, or cooperative agreement under this section shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. Each 
application shall include assurances that--
            ``(1) the individuals enrolled in the program will be 
        qualified nurses in pursuit of a master's or doctoral degree in 
        nursing and have a contractual obligation with the hospital or 
        health facility that is in partnership with the institution of 
        higher education;
            ``(2) the hospital or health facility of employment will be 
        the clinical site for the accredited school of nursing program 
        if the program requires a clinical site;
            ``(3) individuals enrolled in the program will maintain 
        their employment on at least a part-time basis with the 
        hospital or health facility that allowed them to participate in 
        the program, and will receive an income from the hospital or 
        health facility, as at least a part-time employee, and release 
        times or flexible schedules to accommodate their program 
        requirements, as necessary; and
            ``(4) upon completion of the program, such individuals will 
        be required to teach for 2 years in an accredited school of 
        nursing for each year of support the individual received under 
        this program.
    ``(d) Definition.--For purposes of this section, the term `health 
facility' means an Indian Health Service center, a Native Hawaiian 
health center, a hospital, a federally qualified health center, a rural 
health clinic, a nursing home, a home health agency, a hospice program, 
a public health clinic, a State or local department of public health, a 
skilled nursing facility, or an ambulatory surgical center.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section not more than $10,000,000 for 
fiscal year 2009 and such sums as may be necessary for each of the 4 
succeeding fiscal years.''.

SEC. 711. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND SUCCESS FOR 
              STUDENTS WITH DISABILITIES.

    (a) Study.--The Comptroller General shall conduct a study of the 
barriers to, and opportunities for, the full participation of students 
with disabilities in institutions of higher education. The study shall 
address--
            (1) the extent to which, and manner in which, students with 
        disabilities are--
                    (A) prepared to participate in postsecondary 
                education upon enrollment;
                    (B) applying to different types of institutions of 
                higher education;
                    (C) accepted into different types of institutions 
                of higher education;
                    (D) enrolling in and attending different types of 
                institutions of higher education;
                    (E) utilizing financial aid programs; and
                    (F) completing programs of study at different types 
                of institutions of higher education;
            (2) factors that influence the accessibility of higher 
        education for a broad spectrum of students with different 
        disabilities, including--
                    (A) physical access;
                    (B) communication and outreach in accessible 
                formats, including websites, admissions information, 
                financial aid information, and other general 
                information;
                    (C) availability of accessible instructional 
                materials in a timely manner;
                    (D) financial factors; and
                    (E) eligibility for, and ability to access, 
                adequate support services;
            (3) the provision of accommodations for students with 
        disabilities on college entrance and graduate admissions tests, 
        including--
                    (A) the frequency of, and approval rate for, 
                accommodations requests;
                    (B) documentation requirements for accommodations 
                requests and criteria used to determine if an 
                accommodation is appropriate; and
                    (C) challenges facing students in accessing 
                reasonable accommodations on such tests;
            (4) the effectiveness and capacity of disability support 
        services in helping to recruit, retain, and support students 
        with disabilities to complete their programs of study, and the 
        role of disability support services relative to other 
        departments in institutions of higher education, including--
                    (A) the number of staff working in disability 
                support services offices;
                    (B) the budgets of disability support services 
                offices; and
                    (C) the placement of the disability support 
                services offices within the administrative structure of 
                the institutions of higher education;
            (5) the extent to which institutions of higher education 
        provide assistance to students with disabilities to coordinate 
        with, and receive services from, other support programs that 
        may be available to such students, including services provided 
        by local educational agencies, vocational rehabilitation 
        agencies, Social Security, Medicaid, and other Federal, State, 
        and local programs; and
            (6) in institutions of higher education that have been 
        effective in recruiting and graduating students with 
        disabilities, the factors that may contribute to such 
        effectiveness, including--
                    (A) faculty and staff preparation related to 
                working with students with disabilities;
                    (B) program characteristics;
                    (C) accommodations and supports available; and
                    (D) any other relevant factors.
    (b) Report.--The Comptroller General shall submit a report 
regarding the results of the study under subsection (a) to the 
authorizing committees (as defined in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003)) no later than 24 months after 
the date of the enactment of this Act.

                    TITLE VIII--ADDITIONAL PROGRAMS

SEC. 801. ADDITIONAL PROGRAMS.

    The Higher Education Act of 1965 is further amended by adding at 
the end the following new title:

                   ``TITLE VIII--ADDITIONAL PROGRAMS

``SEC. 800. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2009 and each of the 4 
succeeding fiscal years.

                         ``PART A--LOW TUITION

``SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION.

    ``(a) Rewards for Low Tuition.--
            ``(1) Grants.--From funds made available under section 800, 
        the Secretary shall award grants to institutions of higher 
        education that, for academic year 2008-2009 or any succeeding 
        academic year: (A) have an annual net tuition increase 
        (expressed as a percentage) for the most recent academic year 
        for which satisfactory data is available that is equal to or 
        less than the percentage change in the postsecondary education 
        price index for such academic year; (B) are public institutions 
        of higher education that have a net tuition that is in the 
        lowest quartile of comparable institutions; or (C) are public 
        institutions of higher education that have a tuition increase 
        of less than $500 for a full-time undergraduate student.
            ``(2) Use of funds.--Funds awarded to an institution of 
        higher education under paragraph (1) shall be distributed by 
        the institution in the form of need-based grant aid to students 
        who are eligible for Federal Pell Grants, except that no 
        student shall receive an amount under this section that would 
        cause the amount of total financial aid received by such 
        student to exceed the cost of attendance of the institution.
    ``(b) Rewards for Guaranteed Tuition.--
            ``(1) Bonus.--For each institution of higher education that 
        the Secretary determines complies with the requirements of 
        paragraph (2) or (3) of this subsection, the Secretary shall 
        provide to such institution a bonus amount. Such institution 
        shall award the bonus amount in the form of need-based aid 
        first to students who are eligible for Federal Pell Grants who 
        were in attendance at the institution during the award year 
        that such institution satisfied the eligibility criteria for 
        maintaining low tuition and fees, then to students who are 
        eligible for Federal Pell Grants who were not in attendance at 
        the institution during such award year.
            ``(2) 4-year institutions.--An institution of higher 
        education that provides a program of instruction for which it 
        awards a bachelor's degree complies with the requirements of 
        this paragraph if--
                    ``(A) for a public institution of higher education, 
                such institution's tuition is in the lowest quartile of 
                comparable institutions; or
                    ``(B) for any institution of higher education, such 
                institution guarantees that for any academic year (or 
                the equivalent) beginning on or after July 1, 2008, and 
                for each of the 4 succeeding continuous academic years, 
                the net tuition charged to an undergraduate student 
                will not exceed--
                            ``(i) for a public institution of higher 
                        education, $500 per year for a full-time 
                        undergraduate student; or
                            ``(ii) for any other institution of higher 
                        education--
                                    ``(I) the amount that the student 
                                was charged for an academic year at the 
                                time he or she first enrolled in the 
                                institution of higher education, plus
                                    ``(II) the product of the 
                                percentage increase in the higher 
                                education price index for the prior 
                                academic year, or the most recent prior 
                                academic year for which data is 
                                available, multiplied by the amount 
                                determined under subclause (I).
            ``(3) Less-than 4-year institutions.--An institution of 
        higher education that does not provide a program of instruction 
        for which it awards a bachelor's degree complies with the 
        requirements of this paragraph if--
                    ``(A) for a public institution of higher education, 
                such institution's tuition is in the lowest quartile of 
                comparable institutions; or
                    ``(B) for any institution of higher education, such 
                institution guarantees that for any academic year (or 
                the equivalent) beginning on or after July 1, 2008, and 
                for each of the 1.5 succeeding continuous academic 
                years, the net tuition charged to an undergraduate 
                student will not exceed--
                            ``(i) for a public institution of higher 
                        education, $500 per year for a full-time 
                        undergraduate student; or
                            ``(ii) for any other institution of higher 
                        education--
                                    ``(I) the amount that the student 
                                was charged for an academic year at the 
                                time he or she first enrolled in the 
                                institution of higher education, plus
                                    ``(II) the product of the 
                                percentage increase in the higher 
                                education price index for the prior 
                                academic year, or the most recent prior 
                                academic year for which data is 
                                available, multiplied by the amount 
                                determined under subclause (I).
    ``(c) Maintaining Affordable Tuition.--
            ``(1) Institution reports.--If an institution of higher 
        education has an increase in annual net tuition (expressed as a 
        percentage), for the most recent academic year for which 
        satisfactory data is available, that is greater than the 
        percentage increase in the postsecondary education price index 
        for such academic year, and, with respect to any public 
        institution of higher education, has a tuition that is not in 
        the lowest quartile of comparable institutions the institution 
        or a representative association is required to submit to the 
        Secretary the following information, within 6 months of such 
        determination:
                    ``(A) A report on the factors contributing to the 
                increase in the institution's costs and the increase in 
                net tuition and fees charged to students, including 
                identification of the major areas in the institution's 
                budget with the greatest cost increases.
                    ``(B) The institution's 3 most recent Form 990s 
                submitted to the Internal Revenue Service, as required 
                under section 6033 of the Internal Revenue Code of 
                1986.
                    ``(C) A description of the major areas of 
                expenditures in the institution's budget with the 
                greatest increase for such academic year.
                    ``(D) A description of actions being taken by the 
                institution to reduce net tuition.
            ``(2) Report to congress.--The Secretary shall compile the 
        information submitted under this subsection and shall provide 
        to the authorizing committees an annual report relating to such 
        information.
    ``(d) Definitions.--In this section:
            ``(1) Net tuition.--The term `net tuition' means the 
        average tuition and fees charged to a full-time undergraduate 
        student by an institution of higher education for an academic 
        year, minus the average grant amount received by such a student 
        for such academic year.
            ``(2) Postsecondary education price index.--The term 
        `postsecondary education price index' means the postsecondary 
        education price index developed pursuant to section 133(i).

                    ``PART B--COOPERATIVE EDUCATION

``SEC. 811. STATEMENT OF PURPOSE; DEFINITION.

    ``(a) Purpose.--It is the purpose of this part to award grants to 
institutions of higher education or combinations of such institutions 
to encourage such institutions to develop and make available to as many 
of their students as possible work experience that will aid such 
students in future careers and will enable such students to support 
themselves financially while in school.
    ``(b) Definition.--In this part the term `cooperative education' 
means the provision of alternating or parallel periods of academic 
study and public or private employment to give students work 
experiences related to their academic or occupational objectives and an 
opportunity to earn the funds necessary for continuing and completing 
their education.

``SEC. 812. RESERVATIONS.

    ``(a) Reservations.--Of the amount appropriated to carry out this 
part under section 800 in each fiscal year--
            ``(1) not less than 50 percent shall be available for 
        awarding grants to institutions of higher education and 
        combinations of such institutions described in section 
        813(a)(1)(A) for cooperative education under section 813;
            ``(2) not less than 25 percent shall be available for 
        awarding grants to institutions of higher education described 
        in section 813(a)(1)(B) for cooperative education under section 
        813;
            ``(3) not to exceed 11 percent shall be available for 
        demonstration projects under paragraph (1) of section 814(a);
            ``(4) not to exceed 11 percent shall be available for 
        training and resource centers under paragraph (2) of section 
        814(a); and
            ``(5) not to exceed 3 percent shall be available for 
        research under paragraph (3) of section 814(a).
    ``(b) Availability of Appropriations.--Appropriations under this 
part shall not be available for the payment of compensation of students 
for employment by employers under arrangements pursuant to this part.

``SEC. 813. GRANTS FOR COOPERATIVE EDUCATION.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized, from the 
        amount available to carry out this part under section 800 in 
        each fiscal year and in accordance with the provisions of this 
        part--
                    ``(A) to award grants to institutions of higher 
                education or combinations of such institutions that 
                have not received a grant under this paragraph in the 
                10-year period preceding the date for which a grant 
                under this section is requested to pay the Federal 
                share of the cost of planning, establishing, expanding, 
                or carrying out programs of cooperative education by 
                such institutions or combinations of institutions; and
                    ``(B) to award grants to institutions of higher 
                education that are operating an existing cooperative 
                education program as determined by the Secretary to pay 
                the cost of planning, establishing, expanding, or 
                carrying out programs of cooperative education by such 
                institutions.
            ``(2) Program requirement.--Cooperative education programs 
        assisted under this section shall provide alternating or 
        parallel periods of academic study and of public or private 
        employment, giving students work experience related to their 
        academic or occupational objectives and the opportunity to earn 
        the funds necessary for continuing and completing their 
        education.
            ``(3) Amount of grants.--
                    ``(A) The amount of each grant awarded pursuant to 
                paragraph (1)(A) to any institution of higher education 
                or combination of such institutions in any fiscal year 
                shall not exceed $500,000.
                    ``(B)(i) Except as provided in clauses (ii) and 
                (iii), the Secretary shall award grants in each fiscal 
                year to each institution of higher education described 
                in paragraph (1)(B) that has an application approved 
                under subsection (b) in an amount which bears the same 
                ratio to the amount reserved pursuant to section 
                812(a)(2) for such fiscal year as the number of 
                unduplicated students placed in cooperative education 
                jobs during the preceding fiscal year by such 
                institution of higher education (other than cooperative 
                education jobs under section 814 and as determined by 
                the Secretary) bears to the total number of all such 
                students placed in such jobs during the preceding 
                fiscal year by all such institutions.
                    ``(ii) No institution of higher education shall 
                receive a grant pursuant to paragraph (1)(B) in any 
                fiscal year in an amount which exceeds 25 percent of 
                such institution's cooperative education program's 
                personnel and operating budget for the preceding fiscal 
                year.
                    ``(iii) The minimum annual grant amount which an 
                institution of higher education is eligible to receive 
                under paragraph (1)(B) is $1,000 and the maximum annual 
                grant amount is $75,000.
            ``(4) Limitation.--The Secretary shall not award grants 
        pursuant to paragraphs (1)(A) and (B) to the same institution 
        of higher education or combination of such institution in any 
        one fiscal year.
            ``(5) Uses.--Grants under paragraph (1)(B) shall be used 
        exclusively--
                    ``(A) to expand the quality of and participation in 
                a cooperative education program;
                    ``(B) for outreach in new curricular areas; and
                    ``(C) for outreach to potential participants 
                including underrepresented and nontraditional 
                populations.
    ``(b) Applications.--Each institution of higher education or 
combination of such institutions desiring to receive a grant under this 
section shall submit an application to the Secretary at such time and 
in such manner as the Secretary shall prescribe. Each such application 
shall--
            ``(1) set forth the program or activities for which a grant 
        is authorized under this section;
            ``(2) specify each portion of such program or activities 
        which will be performed by a nonprofit organization or 
        institution other than the applicant, and the compensation to 
        be paid for such performance;
            ``(3) provide that the applicant will expend during the 
        fiscal year for which the grant is awarded for the purpose of 
        such program or activities not less than the amount expended 
        for such purpose during the previous fiscal year;
            ``(4) describe the plans which the applicant will carry out 
        to assure, and contain a formal statement of the institution's 
        commitment which assures, that the applicant will continue the 
        cooperative education program beyond the 5-year period of 
        Federal assistance described in subsection (c)(1) at a level 
        which is not less than the total amount expended for such 
        program during the first year such program was assisted under 
        this section;
            ``(5) provide that, in the case of an institution of higher 
        education that provides a 2-year program which is acceptable 
        for full credit toward a bachelor's degree, the cooperative 
        education program will be available to students who are 
        certificate or associate degree candidates and who carry at 
        least one-half of the normal full-time academic workload;
            ``(6) provide that the applicant will--
                    ``(A) make such reports as may be necessary to 
                ensure that the applicant is complying with the 
                provisions of this section, including reports for the 
                second and each succeeding fiscal year for which the 
                applicant receives a grant with respect to the impact 
                of the cooperative education program in the previous 
                fiscal year, including--
                            ``(i) the number of unduplicated student 
                        applicants in the cooperative education 
                        program;
                            ``(ii) the number of unduplicated students 
                        placed in cooperative education jobs;
                            ``(iii) the number of employers who have 
                        hired cooperative education students;
                            ``(iv) the income for students derived from 
                        working in cooperative education jobs; and
                            ``(v) the increase or decrease in the 
                        number of unduplicated students placed in 
                        cooperative education jobs in each fiscal year 
                        compared to the previous fiscal year; and
                    ``(B) keep such records as may be necessary to 
                ensure that the applicant is complying with the 
                provisions of this part, including the notation of 
                cooperative education employment on the student's 
                transcript;
            ``(7) describe the extent to which programs in the academic 
        disciplines for which the application is made have had a 
        favorable reception by public and private sector employers;
            ``(8) describe the extent to which the institution is 
        committed to extending cooperative education on an institution-
        wide basis for all students who can benefit;
            ``(9) describe the plans that the applicant will carry out 
        to evaluate the applicant's cooperative education program at 
        the end of the grant period;
            ``(10) provide for such fiscal control and fund accounting 
        procedures as may be necessary to assure proper disbursement 
        of, and accounting for, Federal funds paid to the applicant 
        under this part;
            ``(11) demonstrate a commitment to serving all underserved 
        populations at the institution; and
            ``(12) include such other information as may be necessary 
        to carry out the provisions of this part.
    ``(c) Duration of Grants; Federal Share.--
            ``(1) Duration of grants.--No individual institution of 
        higher education may receive, individually or as a participant 
        in a combination of such institutions--
                    ``(A) a grant pursuant to subsection (a)(1)(A) for 
                more than 5 fiscal years; or
                    ``(B) a grant pursuant to subsection (a)(1)(B) for 
                more than 5 fiscal years.
            ``(2) Federal share.--The Federal share of a grant under 
        subsection (a)(1)(A) may not exceed--
                    ``(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) 40 percent of such cost in the fourth such 
                year; and
                    ``(E) 25 percent of such cost in the fifth such 
                year.
            ``(3) Special rule.--Any provision of law to the contrary 
        notwithstanding, the Secretary shall not waive the provisions 
        of this subsection.
    ``(d) Maintenance of Effort.--If 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 make 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 
        applications from institutions of higher education or 
        combinations of such institutions for programs which 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 had a favorable reception by public and 
                private sector employers;
                    ``(B) the strength of the commitment of the 
                institution of higher education or combination of such 
                institutions to cooperative education as demonstrated 
                by the plans and formalized institutional commitment 
                statement which such institution or combination has 
                made to continue the program after the termination of 
                Federal financial assistance;
                    ``(C) the extent to which the institution or 
                combination of institutions is committed to extending 
                cooperative education for all students who can benefit; 
                and
                    ``(D) such other factors as are consistent with the 
                purposes of this section.
            ``(2) Additional special consideration.--The Secretary 
        shall also give special consideration to applications from 
        institutions of higher education or combinations of such 
        institutions which demonstrate a commitment to serving all 
        underserved populations attending such institutions.

``SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND 
              RESOURCE CENTERS; AND RESEARCH.

    ``(a) Authorization.--The Secretary is authorized, in accordance 
with the provisions of this section, to make grants and enter into 
contracts--
            ``(1) from the amounts available in each fiscal year under 
        section 812(a)(3), for the conduct of demonstration projects 
        designed to demonstrate or determine the feasibility or value 
        of innovative methods of cooperative education;
            ``(2) from the amounts available in each fiscal year under 
        section 812(a)(4), for the conduct of training and resource 
        centers designed to--
                    ``(A) train personnel in the field of cooperative 
                education;
                    ``(B) improve materials used in cooperative 
                education programs if such improvement is conducted in 
                conjunction with other activities described in this 
                paragraph;
                    ``(C) furnish technical assistance to institutions 
                of higher education to increase the potential of the 
                institution to continue to conduct a cooperative 
                education program without Federal assistance;
                    ``(D) encourage model cooperative education 
                programs which furnish education and training in 
                occupations in which there is a national need;
                    ``(E) support partnerships under which an 
                institution carrying out a comprehensive cooperative 
                education program joins with one or more institutions 
                of higher education in order to (i) assist the 
                institution that is not the institution carrying out 
                the cooperative education program to develop and expand 
                an existing program of cooperative education, or (ii) 
                establish and improve or expand comprehensive 
                cooperative education programs; and
                    ``(F) encourage model cooperative education 
                programs in the fields of science and mathematics for 
                women and minorities who are underrepresented in such 
                fields; and
            ``(3) from the amounts available in each fiscal year under 
        section 812(a)(5), for the conduct of research relating to 
        cooperative education.
    ``(b) Administrative Provision.--
            ``(1) In general.--To carry out this section, the Secretary 
        may--
                    ``(A) make grants to or contracts with institutions 
                of higher education, or combinations of such 
                institutions; and
                    ``(B) make grants to or contracts with other public 
                or private nonprofit agencies or organizations, 
                whenever such grants or contracts will make an 
                especially significant contribution to attaining the 
                objectives of this section.
            ``(2) Limitation.--
                    ``(A) The Secretary may not use more than 3 percent 
                of the amount appropriated to carry out this section in 
                each fiscal year to enter into contracts described in 
                paragraph (1)(A).
                    ``(B) The Secretary may use not more than 3 percent 
                of the amount appropriated to carry out this section in 
                each fiscal year to enter into contracts described in 
                paragraph (1)(B).
    ``(c) Supplement Not Supplant.--A recipient of a grant or contract 
under this section may use the funds provided only so as to supplement 
and, to the extent possible, increase the level of funds that would, in 
the absence of such funds, be made available from non-Federal sources 
to carry out the activities supported by such grant or contract, and in 
no case to supplant such funds from non-Federal sources.

                  ``PART C--COLLEGE PARTNERSHIP GRANTS

``SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.

    ``(a) Grants Authorized.--From the amount appropriated to carry out 
this part under section 800, the Secretary shall award grants to 
eligible partnerships for the purposes of developing and implementing 
articulation agreements.
    ``(b) Eligible Partnerships.--For purposes of this part, an 
eligible partnership shall include at least two institutions of higher 
education, or a system of institutions of higher education, and may 
include either or both of the following:
            ``(1) A consortia of institutions of higher education.
            ``(2) A State higher education agency.
    ``(c) Priority.--The Secretary shall give priority to eligible 
partnerships that--
            ``(1) are located in a State that is in compliance with 
        section 486A; or
            ``(2) include--
                    ``(A) 1 or more junior or community colleges (as 
                defined by section 312(f) of this Act) that award 
                associate's degrees; and
                    ``(B) 1 or more institutions of higher education 
                that offer a baccalaureate or post baccalaureate degree 
                not awarded by the institutions described in 
                subparagraph (A) with which it is partnered.
    ``(d) Mandatory Use of Funds.--Grants awarded under this part shall 
be used for--
            ``(1) the development of policies and programs to expand 
        opportunities for students to earn bachelor's degrees, by 
        facilitating the transfer of academic credits between 
        institutions and expanding articulation and guaranteed transfer 
        agreements between institutions of higher education, including 
        through common course numbering and general education core 
        curriculum;
            ``(2) academic program enhancements; and
            ``(3) programs to identify and remove barriers that inhibit 
        student transfers, including technological and informational 
        programs.
    ``(e) Optional Use of Funds.--Grants awarded under this part may be 
used for--
            ``(1) support services to students participating in the 
        program, such as tutoring, mentoring, and academic and personal 
        counseling; and
            ``(2) any service that facilitates the transition of 
        students between the partner institutions.
    ``(f) Prohibition.--No funds provided under this section shall be 
used to financially compensate an institution for the purposes of 
entering into an articulation agreement or for accepting students 
transferring into such institution.
    ``(g) Applications.--Any eligible partnership that desires to 
obtain a grant under this section shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information or assurances as the Secretary may require.
    ``(h) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this section.
    ``(i) Definition.--For purposes of this section, the term 
`articulation agreement' means an agreement between institutions of 
higher education that specifies the acceptability of courses in 
transfer toward meeting specific degree requirements.

                    ``PART D--STUDENT SUCCESS GRANTS

``SEC. 826. STUDENT SUCCESS GRANTS.

    ``(a) Authorization of Pilot Program.--From the amount appropriated 
to carry out this part under section 800, the Secretary is authorized 
to award grants on a competitive basis to eligible institutions for the 
purposes of helping low-income students succeed in persisting in and 
completing postsecondary education and training programs.
    ``(b) Definitions.--
            ``(1) Eligible institution.--In this section, the term 
        `eligible institution' means an institution of higher education 
        in which, during the three-year period preceding the year in 
        which the institution is applying for a grant under this 
        section, an average of not less than 50 percent of the 
        institution's entering first-year students are enrolled in 
        developmental courses to bring reading, writing, or mathematics 
        skills up to college-level.
            ``(2) Eligible student.--In this section, the term 
        `eligible student' means a student who--
                    ``(A) is eligible to receive assistance under 
                section 401;
                    ``(B) is a first-year student at the time of 
                entering the pilot program; and
                    ``(C) is selected by an eligible institution to 
                participate in the pilot program.
    ``(c) Application.--An eligible institution seeking a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require.
    ``(d) Student Success Grant Amount.--For an award year, each 
institution selected to participate in this pilot program shall receive 
an amount equal to $1,500 multiplied by the number of students the 
institution selects to participate in the pilot program in such year. 
An institution shall not select more than 200 students to participate 
in the pilot program under this section during such year.
    ``(e) Priority for Replication of Evidence-Based Policies and 
Practices.--The Secretary shall give priority to applications submitted 
by eligible institutions that propose to replicate policies and 
practices that have proven effective in increasing persistence and 
completion by low-income students or students in need of developmental 
education.
    ``(f) Peer Review.--The Secretary shall convene a peer review 
process to review applications for grants under this section and to 
make recommendations to the Secretary regarding the selection of 
grantees. Members of the peer review committee shall include 
researchers and practitioners who are recognized experts on services 
and policies to increase low income student success in postsecondary 
education and training. No member of the committee shall be in a 
position to benefit financially from the grants to eligible 
institutions under subsection (d).
    ``(g) Mandatory Uses.--An eligible institution that receives a 
grant under this section shall use the grant funds to assign a Student 
Success Coach to every first-year student participating in the pilot 
program to provide intensive career and academic advising, ongoing 
personal help in navigating college services such as financial aid and 
registration, and assistance in connecting to community resources that 
can help students overcome family and personal challenges to success. 
Student Success Coaches--
            ``(1) shall work with not more than 50 new students during 
        any academic period;
            ``(2) may be employees of academic departments, student 
        services offices, community-based organizations, or other 
        entities as deemed appropriate by the institution; and
            ``(3) shall meet with each eligible student selected for 
        the pilot program before registration for courses.
    ``(h) Permissible Uses.--An eligible institution that receives a 
grant under this section may use the grant funds to provide services 
and program innovations for students participating in the pilot, 
including the following:
            ``(1) College and career success courses, with tuition and 
        fees for the course covered by the Student Success Grant. These 
        courses may cover college success topics, including how to take 
        notes, how to study, how to take tests, and how to budget time, 
        and may also include a substantial career exploration 
        component. Institutions may use such courses to help students 
        develop a College and Career Success Plan so that by the end of 
        the first semester the students have a clear sense of their 
        career goals and what classes to take to achieve such goals.
            ``(2) Work-study jobs with private employers in the 
        students' fields of study.
            ``(3) Learning communities that ensure that students 
        participating in the pilot are clustered together for at least 
        two courses beginning in the first semester after enrolling and 
        have other opportunities to create and maintain bonds that 
        allow them to provide academic and social support to each 
        other.
            ``(4) Curricular redesign, which may include such 
        innovations as `blended' or accelerated remediation classes 
        that help Student Success Grant recipients to attain college-
        level reading, writing, math skills (or a combination thereof) 
        more rapidly than traditional remediation formats allow, and 
        intensive skills refresher classes, offered prior to each 
        semester, to help students who have tested into remedial 
        coursework to reach entry level assessment scores for the 
        postsecondary programs they wish to enter.
            ``(5) Instructional support, such as learning labs, 
        supplemental instruction, and tutoring.
            ``(6) Assistance with support services, such as child care 
        and transportation.
    ``(i) Grant Period; Additional Technical Assistance.--
            ``(1) Grant period.--Grants made under this section shall 
        be for a period of not less than 60 months.
            ``(2) Additional technical assistance.--After 36 months, 
        the Secretary shall review the performance of the Student 
        Success Grant pilot program students at each institution, and 
        if no significant improvements have been made by Student 
        Success Grant pilot program students in persistence and 
        completion at an institution, then the Secretary shall provide 
        additional technical assistance to help the institution improve 
        outcomes.
    ``(j) Required Non-Federal Share.--
            ``(1) In general.--Each institution participating in the 
        pilot program under this section shall provide a non-Federal 
        match of 25 percent of the amount of grant to carry out the 
        activities of the pilot program. The non-Federal share under 
        this section may be provided in cash or in kind.
            ``(2) Effect on need analysis.--For the purpose of 
        calculating a student's need in accordance with part F of this 
        title, services or benefits under this section shall not be 
        considered to be an asset or income of the student or the 
        students parents.
    ``(k) Technical Assistance.--The Secretary shall enter into 
contracts with private entities to provide such technical assistance to 
grantees under this section as the Secretary determines appropriate.
    ``(l) Evaluation.--
            ``(1) Outcome evaluations.--The Secretary shall conduct an 
        evaluation of program outcomes under the pilot program, and 
        shall disseminate to the public the findings from the 
        evaluation and information on best practices. The Secretary is 
        encouraged to partner with other providers of funds, such as 
        private foundations, to allow for use of an experimental or 
        quasi-experimental evaluation in at least one of the pilot 
        program sites.
            ``(2) Institutional participation.--As a condition of 
        receiving grants under this section, participating institutions 
        shall work with the evaluator to track persistence and 
        completion outcomes for students in the pilot program, 
        specifically the proportion of these students who take and 
        complete developmental education courses, the proportion who 
        take and complete college-level coursework, and the proportion 
        who complete certificates and degrees. This data shall be 
        broken down by race, ethnicity, and age and the evaluator shall 
        assist institutions in analyzing this data to compare Student 
        Success Grant pilot program participants to comparable 
        nonparticipants, using statistical techniques to control for 
        differences in the groups.
            ``(3) Annual reports.--Participating institutions under 
        this section shall report on the data specified in paragraph 
        (2) annually and the Secretary shall make this data publicly 
        available.

                       ``PART E--JOBS TO CAREERS

``SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.

    ``(a) Authorization of Program.--From amounts appropriated to carry 
out this part under section 800, the Secretary shall award grants, on a 
competitive basis, to institutions of higher education for the purposes 
of improving developmental education, including English language 
instruction, by customizing developmental education to student career 
goals, and helping students move rapidly from developmental coursework 
into for-credit occupational program courses and through program 
completion. The grants under this section shall focus in particular on 
creating bridges to for-credit occupational certificate programs that 
are articulated to degree programs.
    ``(b) Application.--An eligible institution seeking a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require.
    ``(c) Priorities.--The Secretary shall give priority to 
applications that--
            ``(1) are from institutions of higher education in which 
        not less than 50 percent of the institution's entering first-
        year students who are subject to mandatory assessment, are 
        assessed as needing developmental courses to bring reading, 
        writing, or mathematics skills up to college-level; and
            ``(2) propose to replicate practices that have proven 
        effective with adults or propose to collaborate with adult 
        education providers.
    ``(d) Peer Review.--The Secretary shall convene a peer review 
process to review applications for grants under this section and to 
make recommendations to the Secretary regarding the selection of 
grantees.
    ``(e) Mandatory Activity.--An eligible institution that receives a 
grant under this section shall use the grant funds to create workforce 
bridge programs that customize developmental education curricula, 
including English language instruction, to the content of the for-
credit occupational certificate or degree programs, or clusters of such 
programs, in which developmental education students seek to enroll. 
Such bridge programs may include those that integrate the curricula and 
the instruction of both developmental and college-level coursework or 
that dually enroll students in remediation and college-level 
coursework.
    ``(f) Permissible Activities.--An eligible institution that 
receives a grant under this section, in addition to creating workforce 
bridge programs, may use the grant funds to carry out the following:
            ``(1) Design and implement innovative ways to improve 
        retention in and completion of developmental education courses, 
        including enrolling students in cohorts, accelerating course 
        content, integrating remediation and college-level curricula 
        and instruction, dually enrolling students in developmental and 
        college-level courses, tutoring, providing counseling and other 
        supportive services, and giving small, material incentives for 
        attendance and performance.
            ``(2) In consultation with faculty in the appropriate 
        departments, redesignating class schedules to meet the needs of 
        working adults, such as by creating evening, weekend, modular, 
        compressed, distance-learning formats, or other alternative 
        schedules.
            ``(3) Improving the quality of teaching in remedial courses 
        through professional development, reclassification of such 
        teaching positions, or other means the eligible institution 
        determines appropriate.
            ``(4) Any other activities the eligible institution and the 
        Secretary determine will promote retention of, and completion 
        by, students attending institutions of higher education.
            ``(5) Fully advise students on the range of options and 
        programs available, which may include: diploma; certification; 
        2-year degree; associate's degree; transfer degree to upper 
        division; and career options.
    ``(g) Grant Period.--Grants made under this section shall be for a 
period of not less than 36 months and not more than 60 months.
    ``(h) Technical Assistance.--The Secretary shall provide technical 
assistance to grantees under this section throughout the grant period.
    ``(i) Evaluation.--The Secretary shall conduct an evaluation of 
program impacts under the demonstration program, and shall disseminate 
to the public the findings from the evaluation and information on best 
practices. The Secretary is encouraged to partner with other providers 
of funds, such as private foundations, to allow for use of a random 
assignment evaluation in at least one of the demonstration sites.
    ``(j) Definition of Institution.--In this section, the term 
`institution of higher education' means an institution of higher 
education as defined in section 101(a).

                         ``PART F--PROJECT GRAD

``SEC. 836. PROJECT GRAD.

    ``(a) Purposes.--The purposes of this part are--
            ``(1) to provide support and assistance to programs 
        implementing integrated education reform services in order to 
        improve secondary school graduation and college attendance and 
        completion rates for disadvantaged students; and
            ``(2) to promote the establishment of new programs to 
        implement such integrated education reform services.
    ``(b) Grant Authorized.--From the amount appropriated to carry out 
this part under section 800, the Secretary is authorized to award a 
grant to Project GRAD USA (referred to in this part as the `grantee'), 
a nonprofit educational organization that has as its primary purpose 
the improvement of secondary school graduation and college attendance 
and completion rates for disadvantaged students, to implement and 
sustain the integrated education reform services described in 
subsection (d)(3) at existing Project GRAD program sites and to promote 
the expansion of such programs to new sites.
    ``(c) Requirements of Grant Agreement.--The Secretary shall enter 
into an agreement with the grantee that requires that the grantee 
shall--
            ``(1) enter into subcontracts with nonprofit educational 
        organizations that serve a substantial number or percentage of 
        low-income students (referred to in this part as 
        `subcontractors'), under which the subcontractors agree to 
        implement the programs described in subsection (d) and provide 
        matching funds for such programs;
            ``(2) directly carry out--
                    ``(A) activities to implement and sustain the 
                literacy, mathematics, classroom management, social 
                service, and college access programs further described 
                in subsection (d)(3);
                    ``(B) activities to build the organizational and 
                management capacity of the subcontractors to 
                effectively implement and sustain the programs;
                    ``(C) activities for the purpose of improving and 
                expanding the programs, including but not limited to 
                activities to further articulate a program for one or 
                more grade levels and across grade levels, to tailor a 
                program for a particular target audience, and provide 
                tighter integration across programs;
                    ``(D) activities for the purpose of implementing 
                new Project GRAD program sites;
                    ``(E) activities for the purpose of promoting 
                greater public awareness of integrated education reform 
                services to improve secondary school graduation and 
                college attendance rates for disadvantaged students; 
                and
                    ``(F) other activities directly related to 
                improving secondary school graduation and college 
                attendance and completion rates for disadvantaged 
                students; and
            ``(3) use grant funds available under this part to pay--
                    ``(A) the amount determined under subsection 
                (f)(1); and
                    ``(B) costs associated with carrying out the 
                activities and providing the services, as provided in 
                paragraph (2) of this subsection.
    ``(d) Supported Programs.--
            ``(1) Designation.--The subcontractor programs referred to 
        in subsection (c)(1) shall be known as Project GRAD programs.
            ``(2) Feeder patterns.--Each subcontractor shall implement 
        a Project GRAD program and shall, with the agreement of the 
        grantee--
                    ``(A) identify or establish not less than one 
                `feeder pattern' of public schools, where `feeder 
                pattern' is defined as a high school and the elementary 
                schools and middle schools that channel students into 
                that high school; and
                    ``(B) provide the integrated educational reform 
                services described in paragraph (3) at the identified 
                feeder pattern or feeder patterns.
            ``(3) Integrated education reform services.--The services 
        provided through a Project GRAD program may include--
                    ``(A) research-based programs in reading, 
                mathematics, and classroom management;
                    ``(B) campus-based social services programs, 
                including a systematic approach to increase family and 
                community involvement in the schools served by the 
                Project GRAD program;
                    ``(C) a college access program that includes--
                            ``(i) providing college scholarships for 
                        students who meet established criteria;
                            ``(ii) proven approaches for increasing 
                        student and family college awareness; and
                            ``(iii) assistance for such students in 
                        applying for higher education financial aid; 
                        and
                    ``(D) such other services identified by the grantee 
                as necessary to increase secondary school graduation 
                and college attendance and completion rates.
    ``(e) Use of Funds.--Of the funds made available to carry out this 
part under section 800, not more than 8 percent of such funds, or 
$4,000,000, whichever is less, shall be used by the grantee to pay for 
administration of the grant, with the remainder of funds to be used for 
the purposes described in subsections (c)(1) and (2).
    ``(f) Grantee Contribution and Matching Requirement.--
            ``(1) In general.--The grantee shall provide to each 
        subcontractor an average of $200 for each pupil served by the 
        subcontractor in the Project GRAD program, adjusted to take 
        into consideration--
                    ``(A) the resources available in the area where the 
                subcontractor will implement the Project GRAD program; 
                and
                    ``(B) the need for Project GRAD programs in such 
                area to improve student outcomes.
            ``(2) Matching requirement.--Each subcontractor shall 
        provide funds for the Project GRAD program in an amount that is 
        equal to the amount received by the subcontractor from the 
        grantee. Such matching funds may be provided in cash or in 
        kind, fairly evaluated.
            ``(3) Waiver authority.--The grantee may waive, in whole or 
        in part, the requirement of paragraph (2) for a subcontractor, 
        if the subcontractor--
                    ``(A) demonstrates that it would not otherwise be 
                able to participate in the program; and
                    ``(B) enters into an agreement with the grantee 
                with respect to the amount to which the waiver will 
                apply.
            ``(4) Decrease in grantee share.--Based on the funds or 
        resources available to a subcontractor, the grantee may elect 
        to provide the subcontractor with an amount that is less than 
        the amount determined under paragraph (1).
    ``(g) Evaluation.--
            ``(1) Evaluation by the secretary.--The Secretary shall 
        select an independent entity to evaluate, every 3 years, the 
        performance of students who participate in a Project GRAD 
        program under this part. The evaluation shall--
                    ``(A) be conducted using a rigorous research design 
                for determining the effectiveness of the Project GRAD 
                programs funded under this part; and
                    ``(B) compare reading and mathematics achievement 
                and, where applicable, the secondary school graduation, 
                college attendance, and college completion rates of 
                students who participate in a Project GRAD program 
                funded under this part with those indicators for 
                students of similar backgrounds who do not participate 
                in such program.
            ``(2) Evaluation by grantee and subcontractors.--
                    ``(A) In general.--The grantee shall require each 
                subcontractor to prepare an in-depth report of the 
                results and the use of funds of each Project GRAD 
                program funded under this part that includes--
                            ``(i) data on the reading and mathematics 
                        achievement of students involved in the Project 
                        GRAD program;
                            ``(ii) statistics on secondary school 
                        graduation, college attendance, and college 
                        completion rates; and
                            ``(iii) such financial reporting as 
                        required by the Secretary to review the 
                        effectiveness and efficiency of the program.
                    ``(B) Form of report.--The report shall be in a 
                form and include such content as shall be determined by 
                the grantee, in consultation with the Secretary or the 
                entity selected by the Secretary to evaluate the 
                Project GRAD programs in accordance with paragraph (1).
            ``(3) Availability of evaluations.--Copies of any 
        evaluation or report prepared under this subsection shall be 
        made available to--
                    ``(A) the Secretary; and
                    ``(B) the chairperson and ranking member of the 
                authorizing committees.
    ``(h) Definitions.--In this part the term `low-income student' 
means a student who is determined by a local educational agency to be 
from a low-income family using the measures described in section 
1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)).

      ``PART G--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS

``SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.

    ``(a) In General.--From the amount appropriated to carry out this 
part under section 800, the Secretary shall award a grant to one 
nonprofit organization described in subsection (b) to enable the 
nonprofit organization--
            ``(1) to make publicly available the year-to-year higher 
        education enrollment rate trends of secondary school students, 
        disaggregated by secondary school, in compliance with the 
        Family Education Rights and Privacy Act of 1974;
            ``(2) to identify not less than 50 urban local educational 
        agencies and 5 States with significant rural populations, each 
        serving a significant population of low-income students, and to 
        carry out a comprehensive needs assessment in the agencies and 
        States of the factors known to contribute to improved higher 
        education enrollment rates, which factors shall include--
                    ``(A) an evaluation of the local educational 
                agency's and State's leadership strategies;
                    ``(B) the secondary school curriculum and class 
                offerings of the local educational agency and State;
                    ``(C) the professional development used by the 
                local educational agency and the State to assist 
                teachers, higher education counselors, and 
                administrators in supporting the transition of 
                secondary students into higher education;
                    ``(D) secondary school student attendance and other 
                factors demonstrated to be associated with enrollment 
                into higher education;
                    ``(E) the data systems used by the local 
                educational agency and the State to measure college 
                enrollment rates and the incentives in place to 
                motivate the efforts of faculty and students to improve 
                student and school-wide outcomes; and
                    ``(F) strategies to mobilize student leaders to 
                build a college-bound culture; and
            ``(3) to provide comprehensive services to improve the 
        school-wide higher education enrollment rates of each of not 
        less than 10 local educational agencies and States, with the 
        federally funded portion of each project declining by not less 
        than 20 percent each year beginning in the second year of the 
        comprehensive services, that--
                    ``(A) participated in the needs assessment 
                described in paragraph (2); and
                    ``(B) demonstrated a willingness and commitment to 
                improving the higher education enrollment rates of the 
                local educational agency or State, respectively.
    ``(b) Grant Recipient Criteria.--The recipient of the grant awarded 
under subsection (a) shall be a nonprofit organization with 
demonstrated expertise--
            ``(1) in increasing school-wide higher education enrollment 
        rates in low-income communities nationwide by providing 
        curriculum, training, and technical assistance to secondary 
        school staff and student peer influencers; and
            ``(2) in a college transition data management system.

                   ``PART H--DIPLOMA MILL PREVENTION

``SEC. 851. PURPOSE; DEFINITIONS.

    ``(a) Purpose.--The purpose of this part is to protect institutions 
of higher education, businesses and other employers, professional 
licensing boards, patients and clients of degree holders, taxpayers, 
and other individuals from any person claiming to possess a legitimate 
academic degree that in fact was issued by a fraudulent or nonexistent 
school, by a non-educational entity posing as a school, or by any 
entity in violation of Federal or State law.
    ``(b) Definitions.--In this part:
            ``(1) Degree-granting institution.--The term `degree-
        granting institution' means any entity that offers or confers 
        an academic, professional, or occupational degree, diploma, or 
        certificate, if such degree, diploma, or certificate may be 
        used to represent to the general public that the individual 
        possessing such degree, diploma, or certificate has completed a 
        program of education or training beyond secondary education.
            ``(2) Diploma mill.--The term `diploma mill' means any 
        entity that--
                    ``(A) lacks valid accreditation by an agency 
                recognized by a Federal agency or a State government or 
                other organization or association that recognizes 
                accrediting agencies as a valid accrediting agency of 
                institutions of higher education; and
                    ``(B) offers degrees, diplomas, or certifications, 
                for a fee, that may be used to represent to the general 
                public that the individual possessing such a degree, 
                diploma, or certification has completed a program of 
                education or training beyond secondary education, but 
                little or no education or course work is required to 
                obtain such a degree, diploma, or certification.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 102.

``SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS.

    ``(a) Lists Maintained by the Department of Education.--Not later 
than 30 days after the date of the enactment of this part, the 
Secretary of Education shall make available (in a regularly updated, 
electronic format) to the Secretary of Homeland Security and the heads 
of other appropriate Federal agencies, a list of--
            ``(1) accrediting agencies and associations, recognized by 
        the Secretary of Education under section 496, or, at the 
        discretion of the Secretary, other organizations involved in 
        accreditation;
            ``(2) eligible institutions, as defined under section 
        435(a); and
            ``(3) to the extent practicable, foreign degree-granting 
        institutions that--
                    ``(A) have degree-granting authority, as granted by 
                the appropriate agency or ministry of jurisdiction in 
                the home country of such institution;
                    ``(B) issue degrees that are accepted for 
                professional licensure, public employment, and 
                admission into graduate programs of degree-granting 
                institutions in the home country (as determined by the 
                Secretary of State);
                    ``(C) are determined by the Secretary of Education 
                to be academically equivalent to an eligible 
                institution, as defined in section 435(a); and
                    ``(D) are located in a home country that is capable 
                of performing an effective academic evaluation of the 
                degree-granting institutions to which it issues degree-
                granting authority, as determined by the Secretary of 
                State, in consultation with the Secretary of Education,
for the purposes of assisting the Secretary of Homeland Security and 
the heads of such Federal agencies to determine, for immigration and 
Federal employment and hiring purposes, the legitimacy of degree-
granting institutions and degrees issued by such institutions.
    ``(b) Revisions to Lists.--The Secretary of Education shall modify 
and maintain the lists described in subsection (a) as necessary to 
ensure that the lists and the information contained in the lists are 
accurate and up-to-date, based on the most recent information available 
to the Secretary.
    ``(c) Notice of Recognition.--To be eligible to receive funds under 
title IV, each eligible institution described in subsection (a)(2) 
shall, not later than 60 days after the date of the enactment of this 
part, prominently display on the institution's Internet website a 
notice indicating that the institution is recognized by the Secretary 
of Education as a legitimate institution for immigration and Federal 
employment and hiring purposes. If the Secretary of Education 
determines that an institution no longer qualifies as a legitimate 
degree-granting institutions described in subsection (a)(2), and 
removes the institution from the list maintained under such subsection, 
the institution shall, not later than 15 days after the removal of the 
institution from such list, delete the notice required by this 
subsection from the institution's Internet website.

``SEC. 853. ACCREDITING AGENCIES.

    ``No accrediting agency or association may be considered to be a 
reliable authority as to the quality of education or training offered 
by a degree-granting institution for any purpose related to 
immigration, Federal employment and hiring practices, or for any other 
Federal purposes, unless the agency or association is on the list of 
accrediting agencies and associations recognized by the Secretary of 
Education and provided to the Secretary of Homeland Security under 
section 852. The Secretary may consult with other organizations, such 
as the Council for Higher Education Accreditation, for such purposes.

``SEC. 854. TASK FORCE.

    ``(a) Task Force Established.--The Secretary of Education shall 
establish within the Department of Education the Diploma Mill Task 
Force (referred to in this part as the `Task Force').
    ``(b) Membership.--
            ``(1) Number and appointment.--The Task Force shall, if 
        practicable, be composed of 19 members, as follows:
                    ``(A) The Assistant Secretary of Education for 
                Postsecondary Education.
                    ``(B) A representative of the Department of 
                Education with experience related to the determination 
                of the legitimacy and quality of degrees from foreign 
                institutions of higher education, selected by the 
                Secretary of Education.
                    ``(C) A representative of the Department of 
                Justice, selected by the Attorney General.
                    ``(D) A representative of the Federal Trade 
                Commission, selected by the Chairman of such agency.
                    ``(E) A representative of the Secret Service, 
                selected by the Director of the Secret Service.
                    ``(F) A representative of the Department of State, 
                selected by the Secretary of State.
                    ``(G) A representative of the Department of 
                Homeland Security, selected by the Secretary of 
                Homeland Security.
                    ``(H) A representative of the Office of Personnel 
                Management, selected by the Director of such Office.
                    ``(I) A representative of a national accreditation 
                association.
                    ``(J) A representative of a national organization 
                representing collegiate registrars and admissions 
                officers.
                    ``(K) Two representatives of State degree approval 
                agencies, selected by agreement of at least 3 of the 
                Speaker of the House of Representatives, the Senate 
                majority leader, the House minority leader, and the 
                Senate minority leader.
                    ``(L) Two representatives from regionally 
                accredited institutions of higher education, selected 
                by agreement of at least 3 of the Speaker of the House 
                of Representatives, the Senate majority leader, the 
                House minority leader, and the Senate minority leader.
                    ``(M) One representative from a nationally 
                accredited institution of higher education, selected by 
                agreement of at least 3 of the Speaker of the House of 
                Representatives, the Senate majority leader, the House 
                minority leader, and the Senate minority leader.
                    ``(N) Four individuals from the general population 
                with experience in higher education, the detection of 
                fraudulent degrees and degree-granting institutions, or 
                law enforcement related to credential fraud, selected 
                as follows:
                            ``(i) One individual selected by the 
                        Speaker of the House of Representatives.
                            ``(ii) One individual selected by the 
                        minority leader of the House of 
                        Representatives.
                            ``(iii) One individual selected by the 
                        majority leader of the Senate.
                            ``(iv) One individual selected by the 
                        minority leader of the Senate.
            ``(2) Criteria for membership.--All members of the Task 
        Force shall be persons who are especially qualified to serve on 
        the Task Force by virtue of their education, training, or 
        experience, particularly in the fields of higher education, 
        accreditation of institutions of higher education, foreign 
        higher education standards, State regulation of institutions of 
        higher education, immigration, Federal employment requirements 
        and hiring practices, or fraud prevention, detection, or 
        enforcement.
            ``(3) Terms.--Each member shall be appointed for the life 
        of the Task Force.
            ``(4) Vacancies.--A vacancy in the Task Force shall be 
        filled in the manner in which the original appointment was 
        made.
            ``(5) Chair.--At the first meeting of the Task Force, the 
        members of the Task Force shall elect a member of the Task 
        Force to serve as Chair.
    ``(c) Duties.--
            ``(1) Guidelines.--The Task Force shall develop guidelines, 
        to be used for the development of Federal legislation, to 
        identify degree-granting institutions as legitimate or 
        fraudulent degree-granting institutions for Federal purposes. 
        In developing such guidelines, the Task Force shall consider--
                    ``(A) characteristics of degree-granting 
                institutions that help determine the legitimacy of the 
                institution, such as whether an entity--
                            ``(i) offers or confers degrees, diplomas, 
                        or certificates--
                                    ``(I) for little or no meaningful 
                                academic work;
                                    ``(II) without requiring an 
                                appropriate level of academic 
                                achievement for the attainment of such 
                                degrees, diplomas, or certificates; or
                                    ``(III) without imposing academic 
                                or other requirements for admittance 
                                into the institutions or programs 
                                offering such degrees, diplomas, or 
                                certificates;
                            ``(ii) has fiscal and administrative 
                        structures and capacity appropriate to the 
                        specified scale of educational operations;
                            ``(iii) has resources to support claims as 
                        a degree-granting institution, including 
                        curricula, qualified faculty, facilities, 
                        equipment, and supplies, student support 
                        services, objectives of the degrees or 
                        credentials offered, admissions practices, 
                        academic calendars and catalogs, and a grading 
                        system; and
                            ``(iv) has degree-granting authority issued 
                        by the States in which degrees, or instruction 
                        leading to degrees, are offered, and is 
                        recognized by such States as an approved 
                        institution of higher education;
                    ``(B) the feasibility of defining the term 
                `fraudulent degree-granting institution' (commonly 
                referred to as `diploma mills'), and if feasible, shall 
                define such term to propose for use in Federal laws and 
                regulations;
                    ``(C) issues related to--
                            ``(i) the detection of new and existing 
                        fraudulent degree-granting institutions;
                            ``(ii) recognition and prevention of the 
                        practices used by such fraudulent degree-
                        granting institutions to avoid detection;
                            ``(iii) the enforcement of laws and 
                        regulations prohibiting such fraudulent degree-
                        granting institutions and practices and the use 
                        of fraudulent degrees; and
                            ``(iv) the prosecution of such fraudulent 
                        degree-granting institutions and practices and 
                        the use of fraudulent degrees;
                    ``(D) difficulties in identifying fraudulent 
                degree-granting institutions located in foreign 
                countries, or that claim recognition or degree-granting 
                authority from foreign countries;
                    ``(E) means to alert and educate the public about 
                fraudulent degree-granting institutions and the use of 
                fraudulent degrees;
                    ``(F) laws, regulations, and other means used by 
                States to address fraudulent degree-granting 
                institutions and the use of fraudulent degrees;
                    ``(G) the potential need for coordination and 
                cooperation among various Federal agencies to 
                investigate and prosecute suspected fraudulent degree-
                granting institutions, and the detailed recommendations 
                of the Task Force regarding such coordination and 
                cooperation;
                    ``(H) the study and the report to the Task Force 
                required under this section; and
                    ``(I) the purposes for which various agencies of 
                the United States need to identify fraudulent degree-
                granting institutions, and identify, prohibit, and 
                prevent the use of degrees issued by such fraudulent 
                institutions, and the ability of such agencies to 
                implement any guidelines considered by the Task Force.
            ``(2) Development of federal plan.--The Task Force shall 
        develop a strategic diploma integrity protection plan (referred 
        to in this section as the `Plan') to address the sale and use 
        of fraudulent degrees for Federal purposes. The Plan shall 
        include the following:
                    ``(A) Recommendations to Congress regarding the 
                implementation by Federal agencies of the guidelines 
                developed under paragraph (1).
                    ``(B) Recommendations to the Federal Trade 
                Commission regarding the application of the guidelines 
                developed under paragraph (1) to any rulemaking under 
                section 856 and to the enforcement of the rules 
                promulgated under such section.
            ``(3) Submission of report to congress.--Not later than one 
        year after the date of the enactment of this part, the Task 
        Force shall submit to the appropriate congressional committees 
        a report, including--
                    ``(A) the guidelines developed under paragraph (1);
                    ``(B) the Plan developed under paragraph (2); and
                    ``(C) a legislative proposal for consideration by 
                Congress.

``SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF THE 
              FEDERAL PLAN AS GUIDELINES.

    ``It is the sense of the Congress that--
            ``(1) each State should implement a strategic diploma 
        integrity plan similar to any strategic diploma integrity plan 
        developed under section 854, to the extent practicable and as 
        soon as practicable after the date of the adoption of such a 
        plan under such section; and
            ``(2) States may adopt more stringent standards than those 
        standards contained in the Federal strategic diploma integrity 
        plan and used by agencies of the United States to identify 
        fraudulent degree-granting institutions operating within such 
        State, except that State law does not preempt Federal law as 
        applied to the employment and hiring practices of Federal 
        employees working in such State.

``SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS 
              AND PROFESSIONAL CERTIFICATIONS.

    ``Not later than 180 days after the date of enactment of this part, 
the Secretary shall request in writing that the Federal Trade 
Commission shall develop a plan to address diploma mills based on 
section 18 of Federal Trade Commission Act (15 U.S.C. 57a).

        ``PART I--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT

``SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.

    ``(a) Grants Authorized.--
            ``(1) In general.--From the amount appropriated to carry 
        out this part under section 800, the Secretary is authorized to 
        award grants, on a competitive basis, to institutions of higher 
        education or consortia of institutions of higher education to 
        enable institutions of higher education or consortia to pay the 
        Federal share of the cost of carrying out the authorized 
        activities described in subsection (c).
            ``(2) Consultation with the attorney general and the 
        secretary of homeland security.--Where appropriate, the 
        Secretary shall award grants under this section in consultation 
        with the Attorney General of the United States and the 
        Secretary of Homeland Security.
            ``(3) Duration.--The Secretary shall award each grant under 
        this section for a period of 2 years.
            ``(4) Limitation on institutions and consortia.--An 
        institution of higher education or consortium shall be eligible 
        for only 1 grant under this section.
    ``(b) Federal Share; Non-Federal Share.--
            ``(1) In general.--The Federal share of the activities 
        described in subsection (c) shall be 50 percent.
            ``(2) Non-federal share.--The institution of higher 
        education or consortium shall provide the non-Federal share, 
        which may be provided from other Federal, State, and local 
        resources dedicated to emergency preparedness and response.
    ``(c) Authorized Activities.--Each institution of higher education 
or consortium receiving a grant under this section may use the grant 
funds to carry out 1 or more of the following:
            ``(1) Developing and implementing a state-of-the-art 
        emergency communications system for each campus of an 
        institution of higher education or consortium, in order to 
        contact students via cellular, text message, or other state-of-
        the-art communications methods when a significant emergency or 
        dangerous situation occurs. An institution or consortium using 
        grant funds to carry out this paragraph shall also, in 
        coordination with the appropriate State and local emergency 
        management authorities--
                    ``(A) develop procedures that students, employees, 
                and others on a campus of an institution of higher 
                education or consortium will be directed to follow in 
                the event of a significant emergency or dangerous 
                situation; and
                    ``(B) develop procedures the institution of higher 
                education or consortium shall follow to inform, within 
                a reasonable and timely manner, students, employees, 
                and others on a campus in the event of a significant 
                emergency or dangerous situation, which procedures 
                shall include the emergency communications system 
                described in this paragraph.
            ``(2) Supporting measures to improve safety at the 
        institution of higher education or consortium, such as--
                    ``(A) security assessments;
                    ``(B) security training of personnel and students 
                at the institution of higher education or consortium;
                    ``(C) where appropriate, coordination of campus 
                preparedness and response efforts with local law 
                enforcement, local emergency management authorities, 
                and other agencies, to improve coordinated responses in 
                emergencies among such entities;
                    ``(D) establishing a hotline that allows a student 
                or staff member at an institution or consortium to 
                report another student or staff member at the 
                institution or consortium who the reporting student or 
                staff member believes may be a danger to the reported 
                student or staff member or to others; and
                    ``(E) acquisition and installation of access 
                control, video surveillance, intrusion detection, and 
                perimeter security technologies and systems.
            ``(3) Coordinating with appropriate local entities the 
        provision of mental health services for students and staff of 
        the institution of higher education or consortium, including 
        mental health crisis response and intervention services for 
        students and staff affected by a campus or community emergency.
    ``(d) Application.--Each institution of higher education or 
consortium desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(e) Technical Assistance.--The Secretary shall coordinate 
technical assistance provided by State and local emergency management 
agencies, the Department of Homeland Security, and other agencies as 
appropriate, to institutions of higher education or consortia that 
request assistance in developing and implementing the activities 
assisted under this section.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to provide a private right of action to any person to 
        enforce any provision of this section;
            ``(2) to create a cause of action against any institution 
        of higher education or any employee of the institution for any 
        civil liability; or
            ``(3) to affect the Family Educational Rights and Privacy 
        Act of 1974 or the regulations issued under section 264 of the 
        Health Insurance Portability and Accountability Act of 1996 (42 
        U.S.C. 1320d-2 note).

``SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND 
              PRACTICES.

    ``The Secretary of Education, in consultation with the Attorney 
General of the United States and the Secretary of Homeland Security, 
shall--
            ``(1) advise institutions of higher education on model 
        emergency response policies, procedures, and practices; and
            ``(2) disseminate information concerning those policies, 
        procedures, and practices.

``SEC. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY.

    ``(a) Planning.--The Secretary shall develop and maintain a 
disaster relief plan, in consultation with the appropriate agencies, to 
ensure a procedure is in place to address the needs of institutions of 
higher education in the event of a natural or man-made disaster with 
respect to which the President has declared a major disaster or 
emergency. The plan shall take into consideration the immediate safety 
and well-being of students, faculty, and staff. Additionally, such plan 
shall outline steps that can be taken to ensure institutions of higher 
education have a timely recovery.
    ``(b) Submission to Congress.--The Secretary shall submit to the 
authorizing committees the plan required by subsection (a) and any 
revisions of such plan.

``SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM.

    ``(a) Program Authorized.--The Secretary is authorized to establish 
an Education Disaster and Emergency Relief Loan Program for 
institutions of higher education for direct or indirect losses incurred 
as a result of a federally declared major disaster or emergency.
    ``(b) Use of Assistance.--The Secretary may, subject to the 
availability of appropriations, provide any assistance under the 
Education Disaster and Emergency Relief Loan program to institutions of 
higher education pursuant to this section only after the declaration of 
a major disaster or emergency by the President. Loan funds provided 
under this section may be used for--
            ``(1) direct and indirect construction, replacement, and 
        renovation costs associated with or resulting from or preparing 
        for a major disaster or emergency;
            ``(2) faculty salaries and incentives for retaining 
        faculty; or
            ``(3) reimbursement for lost tuition and other revenues.
    ``(c) Application Requirements.--To be considered for a loan under 
this section, an institution of higher education shall--
            ``(1) submit a financial statement and other appropriate 
        data, documentation, or evidence requested by the Secretary 
        that indicates that the institution incurred losses resulting 
        from the impact of a major disaster or emergency and the 
        monetary amount of such losses; and
            ``(2) demonstrate that the institution attempted to 
        minimize the cost of any losses by pursuing collateral source 
        compensation from the Federal Emergency Management Agency and 
        insurance coverage prior to seeking a loan under this section, 
        except that an institution of higher education shall not be 
        required to receive collateral source compensation from the 
        Federal Emergency Management Agency and insurance prior to 
        being eligible for a loan under this section.
    ``(d) Audit.--The Secretary may audit a financial statement 
submitted under subsection (c) and an institution of higher education 
shall provide any information that the Secretary determines necessary 
to conduct such an audit.
    ``(e) Reduction in Loan Amounts.--To determine the amount of a loan 
to make available to an institution of higher education under this 
section, the Secretary shall calculate the monetary amount of losses 
incurred by such institution as a result of a federally declared major 
disaster or emergency, and shall reduce such amount by the amount of 
collateral source compensation the institution has already received 
from insurance, the Federal Emergency Management Agency, and the Small 
Business Administration.
    ``(f) Establishment of Loan Program.--In order to disburse loans 
under this section, the Secretary shall prescribe regulations that--
            ``(1) establish the loan program, taking into consideration 
        the structure of existing capital financing loan programs under 
        this Act; and
            ``(2) that set forth--
                    ``(A) terms for the loan program under this 
                section;
                    ``(B) procedures for an application for a loan 
                under this section; and
                    ``(C) minimum requirements for the loan program and 
                for receiving a loan under this section, including the 
                following:
                            ``(i) Online forms to be used in submitting 
                        request for a loan under this section.
                            ``(ii) Information to be included in such 
                        forms.
                            ``(iii) Procedures to assist in filing and 
                        pursing a loan under this section.
    ``(g) Definitions.--In this section:
            ``(1) Institution affected by a gulf hurricane disaster.--
        The term `institution affected by a Gulf hurricane disaster' 
        means an institution of higher education that--
                    ``(A) is located in an area affected by a Gulf 
                hurricane disaster; and
                    ``(B) is able to demonstrate that the institution--
                            ``(i) incurred physical damage resulting 
                        from the impact of a Gulf hurricane disaster;
                            ``(ii) was not able to fully reopen in 
                        existing facilities or to fully reopen to the 
                        pre-hurricane levels for 30 days or more on or 
                        after August 29, 2005.
            ``(2) Area affected by a gulf hurricane disaster; gulf 
        hurricane disaster.--The terms `area affected by a Gulf 
        hurricane disaster' and `Gulf hurricane disaster' have the 
        meanings given such terms in section 209 of the Higher 
        Education Hurricane Relief Act of 2005 (Public Law 109-148, 119 
        Stat. 2809).
            ``(3) Emergency.--The term `emergency' has the meaning 
        given such term in section 102(1) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.
            ``(4) Institutions of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101.
            ``(5) Major disaster.--The term `major disaster' has the 
        meaning given the term in section 102(2) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act.
    ``(h) Effective Date.--This section shall take effect on the date 
of the enactment of the College Opportunity and Affordability Act of 
2008, and assistance provided to institutions of higher education 
pursuant to this section shall be available only with respect to 
federally declared major disasters or emergencies that occur after the 
date of the enactment of the College Opportunity and Affordability Act 
of 2008, except in the case of an institution affected by a Gulf 
hurricane disaster.

``SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY.

    ``Not later than 90 days after the date of enactment of the College 
Opportunity and Affordability Act of 2008, the Secretary shall provide 
guidance that clarifies the role of institutions of higher education 
with respect to the disclosure of education records, including to a 
parent or legal guardian of a dependent student, in the event that such 
student demonstrates that the student poses a significant risk of harm 
to himself or herself or to others, including a significant risk of 
suicide, homicide, or assault. Such guidance shall further clarify that 
an institution of higher education that, in good faith, discloses 
education records or other information in accordance with the 
requirements of this Act and the Family Educational Rights and Privacy 
Act of 1974 shall not be liable to any person for that disclosure.

 ``PART J--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES

``SEC. 871. PURPOSE.

    ``The purposes of this part are--
            ``(1) to increase--
                    ``(A) enrollment and graduation rates from 2-year 
                and 4-year colleges, and articulation from 2-year 
                degree programs into 4-year degree programs, of 
                graduates of rural high schools; and
                    ``(B) degree completion for nontraditional students 
                from rural areas; and
            ``(2) to promote economic growth and development in rural 
        America through partnership grants to consortia of rural 
        colleges and universities and other entities, such as local 
        education agencies, employers, education service agencies, and 
        nonprofit organizations.

``SEC. 872. DEFINITIONS.

    ``For the purposes of this part:
            ``(1) Rural institution of higher education.--The term 
        `rural institution of higher education' means an institution of 
        higher education that primarily serves rural areas.
            ``(2) Rural area.--The term `rural area' means an area in 
        which there is located a rural local educational agency.
            ``(3) Rural local educational agency.--The term `rural 
        local educational agency' means a local educational agency (as 
        such term is defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965) that is designated with a 
        metro-centric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics (NCES), in conjunction 
        with the Bureau of the Census, using the NCES system for 
        classifying local educational agencies.
            ``(4) Nontraditional student.--The term `nontraditional 
        student' means an individual who--
                    ``(A) delays enrollment in an institution of higher 
                education by 3 or more years after completing high 
                school;
                    ``(B) attends an institution of higher education 
                part-time; or
                    ``(C) attends an institution of higher education 
                and--
                            ``(i) works full-time;
                            ``(ii) is an independent student;
                            ``(iii) has one or more dependents other 
                        than a spouse;
                            ``(iv) is a single parent; or
                            ``(v) does not have a high school diploma 
                        or the recognized equivalent of such a diploma.
            ``(5) Regional employer.--The term `regional employer' 
        means employers qualifying as businesses or other entities 
        employing individuals within a rural area.

``SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES.

    ``(a) Grants Authorized.--From the amounts appropriated to carry 
out this part under section 800, the Secretary of Education is 
authorized to make grants in accordance with this section to 
partnerships formed between one or more rural institution of higher 
education and any of the following entities:
            ``(1) One or more rural local educational agencies.
            ``(2) One or more rural education service agencies.
            ``(3) One or more regional employers.
            ``(4) One or more nonprofit organizations with expertise in 
        rural education.
    ``(b) Eligible Partnerships; Applications.--To be eligible for a 
grant under this section, a partnership that meets the requirements of 
subsection (a) shall submit to the Secretary an application in such 
form and containing such information as the Secretary shall prescribe. 
In determining which applications to approve for a grant under this 
section, the Secretary shall consider--
            ``(1) the percentage of graduates, attendees, or former 
        attendees of high schools from rural local educational agencies 
        enrolled or otherwise affiliated with the entity; and
            ``(2) in the case of employers, the percentage of employees 
        that are graduates of high schools in rural local educational 
        agencies.
    ``(c) Use of Grant Amounts.--Funds made available by a grant under 
this section to a partnership that meets the requirements of subsection 
(b) shall be used--
            ``(1) to improve enrollment rates for graduates and former 
        attendees of rural high schools at rural institutions of higher 
        education, including--
                    ``(A) programs to provide information about college 
                costs and financial aid options, assistance with 
                college enrollment applications, and assistance with 
                financial aid applications;
                    ``(B) programs or initiatives that provide such 
                graduates or former attendees of rural high schools 
                access and exposure to campuses, classes, programs, and 
                facilities of rural institutions of higher education, 
                including covering the cost of transportation to and 
                from institutions of higher education;
                    ``(C) the formation of groups or other initiatives 
                that create support groups of such students expressing 
                interest in attending rural institutions of higher 
                education;
                    ``(D) extracurricular activities, such as 
                internships, community service, and other activities 
                for such individuals in advance of attending 
                institutions of higher education; and
                    ``(E) other initiatives that assist such 
                individuals in applying and developing interest in 
                attending rural institutions of higher education; and
            ``(2) to encourage participation of nontraditional students 
        in degree programs at rural institutions of higher education, 
        including--
                    ``(A) programs to provide information about college 
                costs and financial aid options, assistance with 
                college enrollment applications, and assistance with 
                financial aid applications for institutions of higher 
                education;
                    ``(B) outreach to nontraditional students through 
                community initiatives; and
                    ``(C) formation of support groups for 
                nontraditional students enrolling in 2-year degree 
                programs and articulating from 2-year degree programs 
                to 4-year degree programs.

``SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS.

    ``(a) Grants Authorized.--From the amounts appropriated to carry 
out this part under section 800, the Secretary of Education is 
authorized to make grants in accordance with this section to 
partnerships formed between one or more rural institutions of higher 
education and one or more regional employers.
    ``(b) Eligible Partnerships; Applications.--To be eligible for a 
grant under this section, a partnership that meets the requirements of 
subsection (a) shall submit to the Secretary an application in such 
form and containing such information as the Secretary shall prescribe. 
In determining which applications to approve for a grant under this 
section, the Secretary shall consider--
            ``(1) the potential of the employer to employ graduates of 
        rural institutions of higher education after graduation;
            ``(2) the potential of the employer engaged in the 
        partnership to spur economic development in the region; and
            ``(3) the relevance of the employer to the regional 
        economy.
    ``(c) Use of Grant Amounts.--Funds made available by a grant under 
this section to a partnership that meets the requirements of subsection 
(a) shall be used--
            ``(1) to provide additional career training to attendees of 
        rural institutions of higher education in fields relevant to 
        the regional economy; and
            ``(2) to encourage regional businesses to employ graduates 
        of rural institutions of higher education.
    ``(d) Preference in Selection.--In determining which applications 
to approve for a grant under this section, the Secretary shall give 
priority to applications from partnerships that include one or more 
regional employers that are located in a rural area.

``SEC. 875. QUALITY OF LIFE IN RURAL AREAS.

    ``(a) Grants Authorized.--From the amounts appropriated to carry 
out this part under section 800, the Secretary of Education is 
authorized to make grants in accordance with this section to rural 
institutions of higher education.
    ``(b) Use of Grant Amounts.--Funds made available by a grant under 
this section to a partnership that meets the requirements of subsection 
(a) shall be used to create or strengthen academic programs to prepare 
graduates to enter into high-need occupations in the regional and local 
economies.

``SEC. 876. ALLOCATION OF APPROPRIATIONS.

    ``(a) Grant Considerations.--In making grant allocations under this 
part to qualifying institutions and partnerships, the Secretary shall 
consider--
            ``(1) the percentage of graduates of rural high schools 
        attending rural institutions of higher education in proximity 
        to the entity receiving the grant;
            ``(2) employment needs of regional employers in proximity 
        to entities receiving the grant; and
            ``(3) the health of the regional economy of the region 
        surrounding the entity receiving the grant.
    ``(b) Maximum and Minimum Grants.--No grant awarded by the 
Secretary under this part shall be less than $200,000 or more than 
$500,000.
    ``(c) Grant Duration.--A grant awarded under this part shall be 
awarded for one 3-year period.

 ``PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
  EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS

``SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
              EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE 
              HAWAIIAN STUDENTS.

    ``(a) Purpose.--The purpose of this section is--
            ``(1) to develop or expand programs for the development of 
        professionals in the fields of science, technology, 
        engineering, and mathematics; and
            ``(2) to focus resources on meeting the educational and 
        cultural needs of Alaska Natives and Native Hawaiians.
    ``(b) Definitions.--In this section:
            ``(1) Alaska native.--The term `Alaska Native' has the 
        meaning given the term `Native' in section 3(b) of the Alaska 
        Natives Claims Settlement Act (43 U.S.C. 1602(b)).
            ``(2) Eligible partnership.--The term `eligible 
        partnership' means a partnership that includes--
                    ``(A) 1 or more colleges or schools of engineering;
                    ``(B) 1 or more colleges of science or mathematics;
                    ``(C) 1 or more institutions of higher education 
                that offer 2-year degrees; and
                    ``(D) 1 or more private entities that--
                            ``(i) conduct career awareness activities 
                        showcasing local technology professionals;
                            ``(ii) encourage students to pursue 
                        education in science, technology, engineering, 
                        and mathematics from elementary school through 
                        college, and careers in those fields, with the 
                        assistance of local technology professionals;
                            ``(iii) develop internships, 
                        apprenticeships, and mentoring programs in 
                        partnership with relevant industries; and
                            ``(iv) assist with placement of interns and 
                        apprentices.
            ``(3) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given the term in section 7207 of the Elementary and 
        Secondary Education Act of 1965.
    ``(c) Grant Authorized.--From the amounts appropriated to carry out 
this part under section 800, the Secretary is authorized to award a 
grant to an eligible partnership to enable the eligible partnership to 
expand programs for the development of science, technology, 
engineering, or mathematics professionals, from elementary school 
through college, including existing programs for Alaska Native and 
Native Hawaiian students.
    ``(d) Uses of Funds.--Grant funds under this section shall be used 
for 1 or more of the following:
            ``(1) Development or implementation of cultural, social, or 
        educational transition programs to assist students to 
        transition into college life and academics in order to increase 
        such students' retention rates in the fields of science, 
        technology, engineering, or mathematics, with a focus on Alaska 
        Native or Native Hawaiian students.
            ``(2) Development or implementation of academic support or 
        supplemental educational programs to increase the graduation 
        rates of students in the fields of science, technology, 
        engineering, or mathematics, with a focus on Alaska Native and 
        Native Hawaiian students.
            ``(3) Development or implementation of internship programs, 
        carried out in coordination with educational institutions and 
        private entities, to prepare students for careers in the fields 
        of science, technology, engineering, or mathematics, with a 
        focus on programs that serve Alaska Native or Native Hawaiian 
        students.
            ``(4) Such other activities as are consistent with the 
        purposes of this section.
    ``(e) Application.--Each eligible partnership that desires a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require.
    ``(f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an eligible partnership that provides 
1 or more programs in which 30 percent or more of the program 
participants are Alaska Native or Native Hawaiian.
    ``(g) Period of Grant.--A grant under this section shall be awarded 
for a period of 5 years.
    ``(h) Evaluation and Report.--Each eligible partnership that 
receives a grant under this section shall conduct an evaluation to 
determine the effectiveness of the programs funded under the grant and 
shall provide a report regarding the evaluation to the Secretary not 
later than 6 months after the end of the grant period.

   ``PART L--NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF 
           SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS

``SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF 
              SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.

    ``(a) Establishment and Maintenance of Database.--
            ``(1) Database.--The Secretary of Education shall establish 
        and maintain, on the public website of the Department of 
        Education, a database consisting of information on 
        scholarships, fellowships, and other programs of financial 
        assistance available from public and private sources for the 
        study of science, technology, engineering, or mathematics at 
        the postsecondary and post baccalaureate levels.
            ``(2) Presentation of information.--The information 
        maintained on the database established under this section shall 
        be displayed on the website in the following manner:
                    ``(A) Separate information shall be provided for 
                each of the fields of study referred to in paragraph 
                (1) and for postsecondary and post baccalaureate 
                programs of financial assistance.
                    ``(B) The database shall provide specific 
                information on any programs of financial assistance 
                which are targeted to individuals of a particular 
                gender, ethnicity, or other demographic group.
                    ``(C) If the sponsor of any program of financial 
                assistance included on the database maintains a public 
                website, the database shall provide hyperlinks to the 
                website.
                    ``(D) In addition to providing the hyperlink to the 
                website of a sponsor of a program of financial 
                assistance as required under subparagraph (C), the 
                database shall provide general information that an 
                interested person may use to contact the sponsor, 
                including the sponsor's electronic mail address.
                    ``(E) The database shall have a search capability 
                which permits an individual to search for information 
                on the basis of each category of the information 
                provided and on the basis of combinations of categories 
                of the information provided, including whether the 
                scholarship is need- or merit-based and by relevant 
                academic majors.
                    ``(F) The database shall include a recommendation 
                that students and families should carefully review all 
                of the application requirements prior to applying for 
                aid, and a disclaimer that the scholarships presented 
                in the database are not provided or endorsed by the 
                Department of Education or the Federal Government.
    ``(b) Dissemination of Information on Database.--The Secretary 
shall take such actions as may be necessary on an ongoing basis, 
including sending notices to secondary schools and institutions of 
higher education, to disseminate information on the database 
established and maintained under this part and to encourage its use by 
interested parties.
    ``(c) Use of Vendor To Obtain Information.--In carrying out this 
part, the Secretary of Education shall enter into a contract with a 
private entity under which the entity shall furnish and regularly 
update all of the information required to be maintained on the database 
established under this section.
    ``(d) Encouraging the Provision of Information.--In carrying out 
this part, the Secretary of Education and the contracted entity shall 
consult with public and private sources of scholarships and make easily 
available a process for such entities to provide regular and updated 
information.

                ``PART M--TRAINING FOR REALTIME WRITERS

``SEC. 882. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME 
              WRITERS.

    ``(a) Authorization of Grant Program.--
            ``(1) In general.--From the amounts appropriated to carry 
        out this part under section 800, the Secretary of Education 
        shall make competitive grants to eligible entities under 
        subsection (b) to promote training and placement of 
        individuals, including individuals who have completed a court 
        reporting training program, as realtime writers in order to 
        meet the requirements for closed captioning of video 
        programming set forth in section 713 of the Communications Act 
        of 1934 (47 U.S.C. 613) and the rules prescribed thereunder.
            ``(2) Eligible entities.--For purposes of this part, an 
        eligible entity is a court reporting program that--
                    ``(A) can document and demonstrate to the Secretary 
                of Education that it meets minimum standards of 
                educational and financial accountability, with a 
                curriculum capable of training realtime writers 
                qualified to provide captioning services;
                    ``(B) is accredited by an accrediting agency 
                recognized by the Department of Education; and
                    ``(C) is participating in student aid programs 
                under title IV.
            ``(3) Priority in grants.--In determining whether to make 
        grants under this section, the Secretary of Education shall 
        give a priority to eligible entities that, as determined by the 
        Secretary--
                    ``(A) possess the most substantial capability to 
                increase their capacity to train realtime writers;
                    ``(B) demonstrate the most promising collaboration 
                with local educational institutions, businesses, labor 
                organizations, or other community groups having the 
                potential to train or provide job placement assistance 
                to realtime writers; or
                    ``(C) propose the most promising and innovative 
                approaches for initiating or expanding training or job 
                placement assistance efforts with respect to realtime 
                writers.
            ``(4) Duration of grant.--A grant under this section shall 
        be for a period of 2 years.
            ``(5) Maximum amount of grant.--The amount of a grant 
        provided under subsection (a) to an entity eligible may not 
        exceed $1,500,000 for the 2-year period of the grant under 
        paragraph (4).
    ``(b) Application.--
            ``(1) In general.--To receive a grant under subsection (a), 
        an eligible entity shall submit an application to the Secretary 
        of Education at such time and in such manner as the secretary 
        may require. The application shall contain the information set 
        forth under paragraph (2).
            ``(2) Information.--Information in the application of an 
        eligible entity under subsection (a) for a grant under 
        subsection (a) shall include the following:
                    ``(A) A description of the training and assistance 
                to be funded using the grant amount, including how such 
                training and assistance will increase the number of 
                realtime writers.
                    ``(B) A description of performance measures to be 
                utilized to evaluate the progress of individuals 
                receiving such training and assistance in matters 
                relating to enrollment, completion of training, and job 
                placement and retention.
                    ``(C) A description of the manner in which the 
                eligible entity will ensure that recipients of 
                scholarships, if any, funded by the grant will be 
                employed and retained as realtime writers.
                    ``(D) A description of the manner in which the 
                eligible entity intends to continue providing the 
                training and assistance to be funded by the grant after 
                the end of the grant period, including any partnerships 
                or arrangements established for that purpose.
                    ``(E) A description of how the eligible entity will 
                work with local workforce investment boards to ensure 
                that training and assistance to be funded with the 
                grant will further local workforce goals, including the 
                creation of educational opportunities for individuals 
                who are from economically disadvantaged backgrounds or 
                are displaced workers.
                    ``(F) Additional information, if any, of the 
                eligibility of the eligible entity for priority in the 
                making of grants under subsection (a)(3).
                    ``(G) Such other information as the Secretary may 
                require.
    ``(c) Use of Funds.--
            ``(1) In general.--An eligible entity receiving a grant 
        under subsection (a) shall use the grant amount for purposes 
        relating to the recruitment, training and assistance, and job 
        placement of individuals, including individuals who have 
        completed a court reporting training program, as realtime 
        writers, including--
                    ``(A) recruitment;
                    ``(B) subject to paragraph (2), the provision of 
                scholarships;
                    ``(C) distance learning;
                    ``(D) further developing and implementing both 
                English and Spanish curriculum to more effectively 
                train realtime writing skills, and education in the 
                knowledge necessary for the delivery of high-quality 
                closed captioning services;
                    ``(E) mentoring students to ensure successful 
                completion of the realtime training and provide 
                assistance in job placement;
                    ``(F) encouraging individuals with disabilities to 
                pursue a career in realtime writing; and
                    ``(G) the employment and payment of personnel for 
                all such purposes.
            ``(2) Scholarships.--
                    ``(A) Amount.--The amount of a scholarship under 
                paragraph (1)(B) shall be based on the amount of need 
                of the recipient of the scholarship for financial 
                assistance, as determined in accordance with part F of 
                title IV.
                    ``(B) Agreement.--Each recipient of a scholarship 
                under paragraph (1)(B) shall enter into an agreement 
                with the school in which the recipient is enrolled to 
                provide realtime writing services for the purposes 
                described in subsection (a)(1) for a period of time 
                appropriate (as determined by the Secretary of 
                Education or the Secretary's designee) for the amount 
                of the scholarship received.
                    ``(C) Coursework and employment.--The Secretary of 
                Education or the Secretary's designee shall establish 
                requirements for coursework and employment for 
                recipients of scholarships under paragraph (1)(B), 
                including requirements for repayment of scholarship 
                amounts in the event of failure to meet such 
                requirements for coursework and employment. 
                Requirements for repayment of scholarship amounts shall 
                take into account the effect of economic conditions on 
                the capacity of scholarship recipients to find work as 
                realtime writers.
            ``(3) Administrative costs.--The recipient of a grant under 
        this section may not use more than 5 percent of the grant 
        amount to pay administrative costs associated with activities 
        funded by the grant. The Secretary of Education shall use not 
        more than 5 percent of the amount available for grants under 
        this part in any fiscal year for administrative costs of the 
        program.
            ``(4) Supplement not supplant.--Grants amounts under this 
        part shall supplement and not supplant other Federal or non-
        Federal funds of the grant recipient for purposes of promoting 
        the training and placement of individuals as realtime writers.
    ``(d) Reports.--
            ``(1) Annual reports.--Each eligible entity receiving a 
        grant under subsection (a) shall submit to the Secretary of 
        Education, at the end of each year of the grant period, a 
        report on the activities of such entity with respect to the use 
        of grant amounts during such year.
            ``(2) Report information.--
                    ``(A) In general.--Each report of an entity for a 
                year under paragraph (1) shall include a description of 
                the use of grant amounts by the entity during such 
                year, including an assessment by the entity of the 
                effectiveness of activities carried out using such 
                funds in increasing the number of realtime writers. The 
                assessment shall utilize the performance measures 
                submitted by the entity in the application for the 
                grant under subsection (b)(2).
                    ``(B) Final report.--The final report of an entity 
                on a grant under paragraph (1) shall include a 
                description of the best practices identified by the 
                entity as a result of the grant for increasing the 
                number of individuals who are trained, employed, and 
                retained in employment as realtime writers.
            ``(3) Annual review.--The Inspector General of the 
        Department of Education shall conduct an annual review of the 
        management, efficiency, and effectiveness of the grants made 
        under this part.

      ``PART N--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS

``SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN 
              STUDENT SUCCESS.

    ``(a) Purpose.--It is the purpose of this section to encourage 
model programs to support veteran student success in postsecondary 
education by coordinating services to address the academic, financial, 
physical, and social needs of veteran students.
    ``(b) Grants Authorized.--
            ``(1) In general.--Subject to the availability of 
        appropriations under section 800, the Secretary shall award 
        grants to institutions of higher education to develop model 
        programs to support veteran student success in postsecondary 
        education.
            ``(2) Grant period.--A grant awarded under this section 
        shall be awarded for a period of 3 years.
    ``(c) Use of Grants.--
            ``(1) Required activities.--An institution of higher 
        education receiving a grant under this section shall use such 
        grant to carry out a model program that includes--
                    ``(A) establishing of a Center of Excellence for 
                Veteran Student Success on the campus of the 
                institution to provide a single point of contact to 
                coordinate comprehensive support services for veteran 
                students;
                    ``(B) establishing a veteran students support team, 
                including representatives from the offices of the 
                institution responsible for admissions, registration, 
                financial aid, veterans benefits, academic advising, 
                student health, personal or mental health counseling, 
                career advising, disabilities services, and any other 
                office of the institution that provides support to 
                veteran students on campus;
                    ``(C) providing a full-time or part-time 
                coordinator whose primary responsibility is to 
                coordinate the model program carried out under this 
                section;
                    ``(D) monitoring the rates of veteran student 
                enrollment, persistence, and completion; and
                    ``(E) developing a plan to sustain the Center of 
                Excellence for Veteran Student Success after the grant 
                period.
            ``(2) Other authorized activities.--An institution of 
        higher education receiving a grant under this section may use 
        such grant to carry out any of the following activities with 
        respect to veteran students:
                    ``(A) Outreach and recruitment of such students.
                    ``(B) Supportive instructional services for such 
                students, which may include--
                            ``(i) personal, academic, and career 
                        counseling, as an on-going part of the program;
                            ``(ii) tutoring and academic skill-building 
                        instruction assistance, as needed; and
                            ``(iii) assistance with special admissions 
                        and transfer of credit from previous 
                        postsecondary education or experience.
                    ``(C) Assistance in obtaining student financial 
                aid.
                    ``(D) Housing support for students living in 
                institutional facilities and commuting students.
                    ``(E) Cultural events, academic programs, 
                orientation programs, and other activities designed to 
                ease the transition to campus life for such students.
                    ``(F) Support for veteran student organizations and 
                veteran student support groups on campus.
                    ``(G) Coordination of academic advising and 
                admissions counseling with military bases and national 
                guard units in the area.
                    ``(H) Other support services the institution 
                determines to be necessary to ensure the success of 
                such students in achieving their educational and career 
                goals.
    ``(d) Application; Selection.--
            ``(1) Application.--To be considered for a grant under this 
        section, an institution of higher education shall submit to the 
        Secretary an application at such time, in such manner, and 
        accompanied by such information as the Secretary may require.
            ``(2) Selection considerations.--In awarding grants under 
        this section, the Secretary shall consider--
                    ``(A) the number of veteran students enrolled at an 
                institution of higher education; and
                    ``(B) the need for model programs to address the 
                needs of veteran students at a wide range of 
                institutions of higher education, including the need to 
                provide--
                            ``(i) an equitable distribution of such 
                        grants to institutions of higher education of 
                        various types and sizes;
                            ``(ii) an equitable geographic distribution 
                        of such grants; and
                            ``(iii) an equitable distribution of such 
                        grants among rural and urban areas.
    ``(e) Evaluation and Accountability Plan.--The Secretary shall 
develop an evaluation and accountability plan for model programs funded 
under this section to objectively measure the impact of such programs, 
including a measure of whether postsecondary education enrollment, 
persistence, and completion for veterans increases as a result of such 
programs.

              ``PART O--UNIVERSITY SUSTAINABILITY PROGRAMS

              ``Subpart 1--Sustainability Planning Grants

``SEC. 884. GRANTS AUTHORIZED.

    ``(a) Program Authorized.--
            ``(1) In general.--From the amounts appropriated to carry 
        out this part under section 800, the Secretary, in consultation 
        with the Administrator of the Environmental Protection Agency, 
        shall make grants to eligible entities to establish 
        sustainability programs to design and implement sustainability 
        practices, including in the areas of energy management, 
        greenhouse gas emissions reductions, green building, waste 
        management, purchasing, transportation, and toxics management, 
        and other aspects of sustainability that integrate campus 
        operations with multidisciplinary academic programs and are 
        applicable to the private and government sectors.
            ``(2) Period of grant.--The provision of payments under a 
        grant under paragraph (1) may extend over a period of not more 
        than 4 fiscal years.
            ``(3) Definition of eligible entities.--For purposes of 
        this part, the term `eligible entity' means--
                    ``(A) an institution of higher education that 
                grants 2 or 4-year undergraduate degrees, or masters 
                and doctoral degrees, or both; or
                    ``(B) a non-profit consortia, association, 
                alliance, or collaboration operating in partnership 
                with one or more institutions of higher education that 
                received funds for the implementation of work 
                associated with sustainability programs under this 
                part.
    ``(b) Applications.--
            ``(1) In general.--To receive a grant under subsection 
        (a)(1), an eligible entity shall submit an application to the 
        Secretary at such time, in such form, and containing such 
        information as the Secretary may reasonably require.
            ``(2) Assurances.--Such application shall include 
        assurances that the eligible entity--
                    ``(A) has developed or shall develop a plan, 
                including an evaluation component, for the program 
                component established pursuant to subsection (c);
                    ``(B) shall use Federal funds received from a grant 
                under subsection (a) to supplement, not supplant, non-
                Federal funds that would otherwise be available for 
                projects funded under such section;
                    ``(C) shall provide, with respect to any fiscal 
                year in which such entity receives funds from a grant 
                under subsection (a)(1), non-Federal funds or an in-
                kind contribution in an amount equal to 20 percent of 
                funds from such grant, for the purpose of carrying out 
                the program component established in subsection (c); 
                and
                    ``(D) shall collaborate with business, government, 
                and the nonprofit sectors in the development and 
                implementation of its sustainability plan.
    ``(c) Use of Funds.--
            ``(1) Individual institutions.--Grants made under 
        subsection (a) may be used by an eligible entity that is an 
        individual institution of higher education for the following 
        purposes:
                    ``(A) To develop and implement administrative and 
                operations practices at institutions of higher 
                education that test, model, and analyze principles of 
                sustainability.
                    ``(B) To establish multidisciplinary education, 
                research, and outreach programs at institutions of 
                higher education that address the environmental, 
                social, and economic dimensions of sustainability.
                    ``(C) To support research and teaching initiatives 
                that focus on multidisciplinary and integrated 
                environmental, economic, and social elements.
                    ``(D) To establish initiatives in the areas of 
                energy management, greenhouse gas emissions reductions, 
                green building, waste management, purchasing, toxics 
                management, transportation, and other aspects of 
                sustainability.
                    ``(E) To support student, faculty, and staff work 
                at institutions of higher education to implement, 
                research, and evaluate sustainable practices.
                    ``(F) To establish sustainability literacy as a 
                requirement for undergraduate and graduate degree 
                programs.
                    ``(G) To integrate sustainability curriculum in all 
                programs of instruction, particularly in business, 
                architecture, technology, manufacturing, engineering, 
                and science programs.
            ``(2) Partnerships.--Grants made under subsection (a) may 
        be used by an eligible entity that is a non-profit consortia, 
        association, alliance, or collaboration operating as a 
        partnership with one or more institutions of higher education 
        for the following purposes:
                    ``(A) To conduct faculty, staff and administrator 
                training on the subjects of sustainability and 
                institutional change.
                    ``(B) To compile, evaluate, and disseminate best 
                practices, case studies, guidelines and standards.
                    ``(C) To conduct efforts to engage external 
                stakeholders such as business, alumni, and accrediting 
                agencies in the process of building support for 
                research, education, and technology development for 
                sustainability.
                    ``(D) To conduct professional development programs 
                for faculty in all disciplines to enable faculty to 
                incorporate sustainability content in their courses.
                    ``(E) To enable an appropriate non-profit 
                consortia, association, alliance, or collaboration 
                operating in partnership with an institution of higher 
                education to create the analytical tools necessary for 
                institutions of higher education to assess and measure 
                their individual progress toward fully sustainable 
                campus operations and fully integrating sustainability 
                into the curriculum.
                    ``(F) To develop educational benchmarks for 
                institutions of higher education to determine the 
                necessary rigor and effectiveness of academic 
                sustainability programs.
    ``(d) Reports.--An eligible entity that receives a grant under 
subsection (a) shall submit to the Secretary, for each fiscal year in 
which the entity receives amounts from such grant, a report that 
describes the work conducted pursuant to subsection (c), research 
findings and publications, administrative savings experienced, and an 
evaluation of the program.
    ``(e) Allocation Requirement.--The Secretary may not make grants 
under subsection (a) to any eligible entity in a total amount that is 
less than $250,000 or more than $2,000,000.

                 ``Subpart 2--Summit on Sustainability

``SEC. 885. SUMMIT ON SUSTAINABILITY.

    ``Not later than September 30, 2008, the Secretary of Education, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall convene a summit of higher education experts working in 
the area of sustainable operations and programs, representatives from 
agencies of the Federal Government, and business and industry leaders 
to focus on efforts of national distinction that--
            ``(1) encourage faculty, staff, and students at 
        institutions of higher education to establish administrative 
        and academic sustainability programs on campus;
            ``(2) enhance research by faculty and students at 
        institutions of higher education in sustainability practices 
        and innovations that assist and improve sustainability;
            ``(3) encourage institutions of higher education to work 
        with community partners from the business, government, and 
        nonprofit sectors to design and implement sustainability 
        programs for application in the community and workplace;
            ``(4) identify opportunities for partnerships involving 
        institutions of higher education and the Federal Government to 
        expand sustainable operations and academic programs focused on 
        environmental and economic sustainability; and
            ``(5) charge the summit participants or steering committee 
        to submit a set of recommendations for addressing 
        sustainability through institutions of higher education.

               ``PART P--MODELING AND SIMULATION PROGRAMS

``SEC. 886. MODELING AND SIMULATION.

    ``(a) Purpose; Definition.--
            ``(1) Purpose.--The purpose of this section is to promote 
        the study of modeling and simulation at institutions of higher 
        education, through the collaboration with new and existing 
        programs, and specifically to promote the use of technology in 
        such study through the creation of accurate models that can 
        simulate processes or recreate real life, by--
                    ``(A) establishing a task force at the Department 
                of Education to raise awareness of and define the study 
                of modeling and simulation;
                    ``(B) providing grants to institutions of higher 
                education to develop new modeling and simulation degree 
                programs; and
                    ``(C) providing grants for institutions of higher 
                education to enhance existing modeling and simulation 
                degree programs.
            ``(2) Definition.--In this section, the term `modeling and 
        simulation' means a field of study related to the application 
        of computer science and mathematics to develop a level of 
        understanding of the interaction of the parts of a system and 
        of a system as a whole.
    ``(b) Establishment of Task Force.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall establish a taskforce 
        within the Department of Education to study modeling and 
        simulation and to support the development of the modeling and 
        simulation field. The activities of such taskforce shall 
        include--
                    ``(A) helping to define the study of modeling and 
                simulation (including the content of modeling and 
                simulation classes and programs);
                    ``(B) identifying best practices for such study;
                    ``(C) identifying core knowledge and skills that 
                individuals who participate in modeling and simulation 
                programs should acquire; and
                    ``(D) providing recommendations to the Secretary 
                with respect to--
                            ``(i) the information described in 
                        subparagraphs (A) through (C); and
                            ``(ii) a system by which grants under this 
                        section will be distributed.
            ``(2) Taskforce membership.--The membership of the 
        taskforce under this subsection shall be composed of 
        representatives from--
                    ``(A) institutions of higher education with 
                established modeling and simulation degree programs;
                    ``(B) the National Science Foundation;
                    ``(C) Federal Government agencies that use modeling 
                and simulation extensively, including the Department of 
                Defense, the National Institute of Health, the 
                Department of Homeland Security, the Department of 
                Health and Human Services, the Department of Energy, 
                and the Department of Transportation;
                    ``(D) private industries with a primary focus on 
                modeling and simulation;
                    ``(E) national modeling and simulation 
                organizations; and
                    ``(F) the Office of Science and Technology Policy.
    ``(c) Enhancing Modeling and Simulation at Institutions of Higher 
Education.--
            ``(1) Enhancement grants authorized.--
                    ``(A) In general.--The Secretary is authorized to 
                award grants, on a competitive basis, to eligible 
                institutions to enhance modeling and simulation degree 
                programs at such eligible institutions.
                    ``(B) Duration of grant.--A grant awarded under 
                this subsection shall be awarded for a 3-year period, 
                and such grant period may be extended for not more than 
                2 years if the Secretary determines that an eligible 
                institution has demonstrated success in enhancing the 
                modeling and simulation degree program at such eligible 
                institution.
                    ``(C) Minimum grant amount.--Subject to the 
                availability of appropriations, a grant awarded to an 
                eligible institution under this subsection shall not be 
                less than $750,000.
                    ``(D) Non-federal share.--Each eligible institution 
                receiving a grant under this subsection shall provide, 
                from non-Federal sources, in cash or in kind, an amount 
                equal to 25 percent of the amount of the grant to carry 
                out the activities supported by the grant. The 
                Secretary may waive the non-Federal share requirement 
                under this subparagraph for an eligible institution if 
                the Secretary determines a waiver to be appropriate 
                based on the financial ability of the institution.
            ``(2) Eligible institutions.--For the purposes of this 
        subsection, an eligible institution is an institution of higher 
        education that--
                    ``(A) has an established modeling and simulation 
                degree program, including a major, minor, or career-
                track program; or
                    ``(B) has an established modeling and simulation 
                certificate or concentration program.
            ``(3) Application.--To be considered for a grant under this 
        subsection, an eligible institution shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require. Such 
        application shall include--
                    ``(A) a letter from the president or provost of the 
                eligible institution that demonstrates the 
                institution's commitment to the enhancement of the 
                modeling and simulation program at the institution of 
                higher education;
                    ``(B) an identification of designated faculty 
                responsible for the enhancement of the institution's 
                modeling and simulation program; and
                    ``(C) a detailed plan for how the grant funds will 
                be used to enhance the modeling and simulation program 
                of the institution.
            ``(4) Uses of funds.--A grant awarded under this subsection 
        shall be used by an eligible institution to carry out the plan 
        developed in accordance with paragraph (3)(C) to enhance 
        modeling and simulation programs at the institution, which may 
        include--
                    ``(A) in the case of an institution that is 
                eligible under paragraph (2)(B), activities to assist 
                in the establishment of a major, minor, or career-track 
                modeling and simulation program at the eligible 
                institution;
                    ``(B) expanding the multi-disciplinary nature of 
                the institution's modeling and simulation programs;
                    ``(C) recruiting students into the field of 
                modeling and simulation through the provision of 
                fellowships or assistantships;
                    ``(D) creating new courses to compliment existing 
                courses and reflect emerging developments in the 
                modeling and simulation field;
                    ``(E) conducting research to support new 
                methodologies and techniques in modeling and 
                simulation; and
                    ``(F) purchasing equipment necessary for modeling 
                and simulation programs.
    ``(d) Establishing Modeling and Simulation Programs.--
            ``(1) Establishment grants authorized.--
                    ``(A) In general.--The Secretary is authorized to 
                award grants to institutions of higher education to 
                establish a modeling and simulation program, including 
                a major, minor, career-track, certificate, or 
                concentration program.
                    ``(B) Duration of grant.--A grant awarded under 
                this subsection shall be awarded for a 3-year period, 
                and such grant period may be extended for not more than 
                2 years if the Secretary determines that an eligible 
                institution has demonstrated success in establishing a 
                modeling and simulation degree program at such eligible 
                institution.
                    ``(C) Minimum grant amount.--Subject to the 
                availability of appropriations, a grant awarded to an 
                eligible institution under this subsection shall not be 
                less than $750,000.
                    ``(D) Non-federal share.--Each eligible institution 
                receiving a grant under this subsection shall provide, 
                from non-Federal sources, in cash or in kind, an amount 
                equal to 25 percent of the amount of the grant to carry 
                out the activities supported by the grant. The 
                Secretary may waive the non-Federal share requirement 
                under this subparagraph for an eligible institution if 
                the Secretary determines a waiver to be appropriate 
                based on the financial ability of the institution.
            ``(2) Application.--To apply for a grant under this 
        subsection, an eligible institution shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require. Such 
        application shall include--
                    ``(A) a letter from the president or provost of the 
                eligible institution that demonstrates the 
                institution's commitment to the establishment of a 
                modeling and simulation program at the institution of 
                higher education;
                    ``(B) a detailed plan for how the grant funds will 
                be used to establish a modeling and simulation program 
                at the institution; and
                    ``(C) a description of how the modeling and 
                simulation program established under this subsection 
                will complement existing programs and fit in to the 
                institution's current program and course offerings.
            ``(3) Uses of funds.--A grant awarded under this subsection 
        may be used by an eligible institution to--
                    ``(A) establish, or work toward the establishment 
                of, a modeling and simulation program, including a 
                major, minor, career-track, certificate, or 
                concentration program at the eligible institution;
                    ``(B) provide adequate staffing to ensure the 
                successful establishment of the modeling and simulation 
                program, which may include the assignment of full-time 
                dedicated or supportive faculty; and
                    ``(C) purchasing equipment necessary for a modeling 
                and simulation program.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $40,000,000 for fiscal year 2009 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years. Of the amounts authorized to be appropriated for each fiscal 
year--
            ``(1) $1,000,000 is authorized to carry out the activities 
        of the task force established pursuant to subsection (b); and
            ``(2) of the amount remaining after the allocation for 
        paragraph (1)--
                    ``(A) 50 percent is authorized to carry out the 
                grant program under subsection (c); and
                    ``(B) 50 percent is authorized to carry out the 
                grant program under subsection (d).

               ``PART Q--BUSINESS WORKFORCE PARTNERSHIPS

``SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS.

    ``(a) Purpose and Authorization.--
            ``(1) Purpose.--The purpose of this section is to provide 
        grants to institutions of higher education partnering with 
        employers to strengthen ties between college degree credit 
        offerings and business and industry workforce needs, and expand 
        opportunities for worksite learning.
            ``(2) Authorization of program.--The Secretary shall award 
        grants, on a competitive basis, to eligible partnerships for 
        the purposes of creating business and industry workforce 
        partnerships.
    ``(b) Definition of Business and Industry Workforce Partnership.--
            ``(1) In general.--For purposes of this section, the term 
        `business and industry workforce partnership' means a 
        partnership between one or more institutions of higher 
        education and--
                    ``(A) an employer or group of employers, or a local 
                board (as such term is defined in section 101 of the 
                Workforce Investment Act of 1998), or both; and
                    ``(B) labor organizations, where applicable, that 
                represent workers locally in the businesses or 
                industries that are the focus of the partnership, 
                including as a result of such organization's 
                representation of employees at a worksite at which the 
                partnership proposes to conduct activities under this 
                section.
            ``(2) Exception.--In the case of a State that does not 
        operate local boards, paragraph (1)(A) shall be applied by 
        substituting `State board' for `local board'.
            ``(3) Existing partnerships.--Nothing in this subsection 
        shall be construed to prohibit a partnership that is in 
        existence on the date of enactment of this section from 
        applying for a grant under this section.
    ``(c) Application.--A business and industry workforce partnership 
seeking a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(d) Priority for Applications Focused on Serving Nontraditional 
Students.--The Secretary shall give priority to applications focused on 
serving nontraditional students who are independent, as defined in 
section 480(d), do not already have a bachelor's degree, and who have 
one or more of the following characteristics:
            ``(1) Are the first generation in their family to attend 
        college.
            ``(2) Have delayed enrollment in college.
            ``(3) Have dependents.
    ``(e) Peer Review.--The Secretary shall convene a peer review 
process, which shall include individuals knowledgeable about workforce 
education for working adults, to review applications for grants under 
this section, and make recommendations to the Secretary on the 
selection of grant recipients.
    ``(f) Mandatory Activities.--A partnership that receives a grant 
under this section shall use the grant funds to carry out all of the 
following activities:
            ``(1) Identify high demand occupations in the regional 
        labor market which offer or can lead to high wages, in 
        coordination with the State employment security agency funded 
        under the Wagner-Peyser Act.
            ``(2) Develop linked career and educational pathways for 
        those occupations and related ones, including, where 
        appropriate, pathways involving registered apprenticeships.
            ``(3) Consult with employers offering jobs in occupations 
        identified under paragraph (1) to determine workforce 
        development needs.
            ``(4) Consult with labor organizations representing workers 
        locally in the occupations identified in paragraph (1), where 
        applicable.
            ``(5) Identify existing college degree credit offerings or 
        create new degree credit offerings that prepare students to 
        meet business and industry workforce needs, including offerings 
        connected to registered apprenticeship programs.
    ``(g) Permissible Activities.--A partnership that receives a grant 
under this section may use the grant funds to carry out one or more of 
the following activities:
            ``(1) In consultation with faculty in the appropriate 
        departments, adapt college offerings identified and created 
        under subsection (f)(5) to the schedules and needs of working 
        students, such as by creating evening, weekend, modular, 
        compressed, or distance learning formats, enrolling students in 
        learning communities, or other relevant innovations.
            ``(2) Create bridge programs that prepare students with 
        lower skills or limited English proficiency to enter the 
        college offerings identified or created under subsection 
        (f)(5).
            ``(3) Expand worksite learning opportunities.
            ``(4) Other activities that the institution and the 
        Secretary deem appropriate to carry out the purposes of this 
        program.
    ``(h) Grant Period.--Grants made under this section shall be for a 
period of at least 36 months and not more than 60 months.
    ``(i) Technical Assistance.--The Secretary shall provide technical 
assistance to grantees under this section throughout the grant period.
    ``(j) Evaluation.--The Secretary shall conduct an evaluation of the 
effectiveness of the program under this section and disseminate the 
findings of such evaluation, as well as information on promising 
practices developed under this section.
    ``(k) Report to Congress.--Not less than 36 months after the first 
grant is awarded under this section, the Secretary, jointly with the 
Secretary of Labor, shall report to Congress on:
            ``(1) Changes to the Higher Education Act and related Acts, 
        such as the Perkins Vocational and Technical Education Act and 
        the Workforce Investment Act (both Title I and Title II), that 
        would help create and sustain business and industry workforce 
        partnerships at colleges.
            ``(2) Other changes to the Higher Education Act and related 
        Acts, such as the Perkins Vocational and Technical Education 
        Act and the Workforce Investment Act, that would more generally 
        strengthen the links between business and industry workforce 
        needs, workforce development programs, and other college degree 
        credit offerings.

                   ``PART R--PATH TO SUCCESS PROGRAM

``SEC. 887. PATH TO SUCCESS.

    ``(a) Purpose.--The purpose of this part is to encourage community 
supported programs that--
            ``(1) leverage and enhance community support for at-risk 
        young adults by facilitating the transition of such young 
        adults who are eligible individuals into productive learning 
        environments where such young adults can obtain the life, 
        social, academic, and vocational skills and credentials 
        necessary to strengthen the Nation's workforce;
            ``(2) provide counseling, as appropriate, for eligible 
        individuals participating in the programs to allow such 
        individuals to build a relationship with one or more guidance 
        counselors during the period that the individuals are enrolled 
        in the programs, including providing referrals and connections 
        to community resources that help eligible individuals 
        transition back into the community with the necessary life, 
        social, academic, and vocational skills after being in 
        detention, or incarcerated, particularly resources related to 
        health, housing, job training, and work-place readiness;
            ``(3) provide training and education for eligible 
        individuals participating in the programs, to allow such 
        individuals to assist community officials and law enforcement 
        agencies with the deterrence and prevention of gang and youth 
        violence by participating in seminars, training, and workshops 
        throughout the community; and
            ``(4) provide each eligible youth participating in the 
        programs with individual attention based on a curriculum that 
        matches the interests and abilities of the individual to the 
        resources of the program.
    ``(b) Reentry Education Program.--
            ``(1) Grant program established.--The Secretary is 
        authorized to award grants to community colleges to enter into 
        and maintain partnerships with juvenile detention centers and 
        secure juvenile justice residential facilities to provide 
        assistance, services, and education to eligible individuals who 
        reenter the community and pursue, in accordance with the 
        requirements of this part, at least one of the following:
                    ``(A) A certificate of graduation from a school 
                providing secondary education, a general equivalency 
                diploma (GED), or another recognized equivalent of such 
                a certificate or diploma.
                    ``(B) A certificate of completion for a specialized 
                area of study, such as vocational training and other 
                alternative post-secondary educational programs.
                    ``(C) An associate's degree.
            ``(2) Grant period.--A grant awarded under this part shall 
        be for one 2-year period, and may be renewed for an additional 
        period as the Secretary determines to be appropriate.
            ``(3) Application.--A community college desiring to receive 
        a grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary shall require, which shall 
        include--
                    ``(A) an assessment of the existing community 
                resources available to serve at-risk youth;
                    ``(B) a detailed description of the program and 
                activities the community college will carry out with 
                such grant; and
                    ``(C) a proposed budget describing how the 
                community college will use the funds made available by 
                such grant.
            ``(4) Priority.--In awarding grants under this part, the 
        Secretary of Education shall give priority to community 
        colleges that accept the highest number of eligible individuals 
        from high-risk areas, and among such community colleges, shall 
        give priority to community colleges that the Secretary 
        determines will best carry out the purposes of this part, based 
        on the applications submitted in accordance with paragraph (3).
    ``(c) Allowable Uses of Funds.--A community college awarded a grant 
under this part may use such grant to--
            ``(1) pay for tuition and transportation costs of eligible 
        individuals;
            ``(2) establish and carry out an education program that 
        includes classes for eligible individuals that--
                    ``(A) provide marketable life and social skills to 
                such individuals;
                    ``(B) meet the education program requirements under 
                subsection (d);
                    ``(C) promote the civic engagement of such 
                individuals; and
                    ``(D) facilitate a smooth reentry of such 
                individuals into the community;
            ``(3) create and carry out a mentoring program--
                    ``(A) that is specifically designed to help 
                eligible individuals with the potential challenges of 
                the transitional period from detention to release;
                    ``(B) is created in consultation with guidance 
                counselors, academic advisors, law enforcement 
                officials, and other community resources; and
                    ``(C) that is administered by a program 
                coordinator, selected and employed by the community 
                college, who shall oversee each individual's 
                development and shall serve as the immediate supervisor 
                and reporting officer to whom the academic advisors, 
                guidance counselors, and volunteers shall report 
                regarding the progress of each such individual;
            ``(4) facilitate employment opportunities for eligible 
        individuals by entering into partnerships with public and 
        private entities to provide opportunities for internships, 
        apprenticeships, and permanent employment, as possible, for 
        such individuals; and
            ``(5) provide training for eligible individuals 
        participating in the programs, to allow such individuals to 
        assist community officials and law enforcement agencies with 
        the deterrence and prevention of gang and youth violence by 
        participating in seminars and workshop series throughout the 
        community.
    ``(d) Education Program Requirements.--An education program 
established and carried out under subsection (c) shall--
            ``(1) include classes that are required for completion of a 
        certificate, diploma, or degree described in subparagraphs (A) 
        through (C) of subsection (b)(1);
            ``(2) provide a variety of academic programs, with various 
        completion requirements, to accommodate the distinctive 
        academic backgrounds, learning curves, and concentration 
        interests of the eligible individuals who participate in the 
        program;
            ``(3) offer flexible academic programs that are designed to 
        improve the academic development and achievement of eligible 
        individuals, and to avoid high attrition rates for such 
        individuals; and
            ``(4) provide for a uniquely designed education plan for 
        each eligible individual participating in the program, which 
        shall require such individual to receive, at a minimum, a 
        certificate or diploma described in subparagraph (A) of 
        subsection (b)(1) to successfully complete such program.
    ``(e) Reports.--Each community college awarded a grant under this 
part shall submit to the Secretary of Education a report--
            ``(1) documenting the results of the program carried out 
        with such grant; and
            ``(2) evaluating the effectiveness of activities carried 
        out through such program.
    ``(f) Definitions.--In this part:
            ``(1) Community college.--The term `community college' 
        means a public or nonprofit institution of higher education (as 
        such term is defined in section 101 or 102(a)(2)(B)), that--
                    ``(A) provides an educational program of not less 
                than two years; and
                    ``(B) that is accredited by a regional accrediting 
                agency or association.
            ``(2) Eligible individual.--The term `eligible individual' 
        means an individual who--
                    ``(A) is 16 to 25 years of age;
                    ``(B) has been convicted of a gang-related offense, 
                and has served a period of detention in a juvenile 
                detention center for such offense; and
                    ``(C) is detained in, or has been released from, 
                such center.
            ``(3) Gang-related offense.--The term `gang-related 
        offense' means conduct constituting any Federal or State crime, 
        punishable by imprisonment in any of the following categories:
                    ``(A) A crime of violence.
                    ``(B) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise dealing in a controlled 
                substance or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
            ``(4) Guidance counselor.--The term `guidance counselor' 
        means an individual who works with at-risk youth on a one-on-
        one basis, to establishing a supportive relationship with such 
        at-risk youth and to provide such at-risk youth with academic 
        assistance and exposure to new experiences that enhance their 
        ability to become responsible citizens.
            ``(5) High-risk area.--The term `high-risk area' means a 
        specified area within a State where there is a 
        disproportionately high number of gang-related activities 
        reported to State and local law enforcement authorities.''.

SEC. 802. SENSE OF THE CONGRESS; REPORT.

    (a) Sense of Congress.--It is the sense of the Congress that--
            (1) in order to provide the borrowers of Federal student 
        loans with the option of converting their loans to income 
        contingent repayment by providing direct loans for the 
        discharge of such loans (in this section referred to as 
        ``direct IDEA loans''), the Secretary of Education and the 
        Secretary of the Treasury will work together to develop a 
        process by which the borrower will make payments on such loan 
        using the income tax withholding system and will make 
        appropriate adjustments to his or her withholding or estimated 
        tax payments for such purposes;
            (2) the Secretaries should determine--
                    (A) whether such a repayment option would be 
                beneficial to borrowers and taxpayers; and
                    (B) how such program would be implemented by the 
                Departments of Education and Treasury; and
            (3) this process would--
                    (A) streamline the repayment process and provide 
                greater flexibility for borrowers electing to use the 
                direct IDEA loan;
                    (B) significantly reduce the number of loan 
                defaults by borrowers; and
                    (C) significantly reduce the redundancy in 
                reporting information pertaining to income contingent 
                repayment to the Department of Education, institutions, 
                and applicants.
    (b) Report.--The Secretaries of Education and the Treasury shall, 
within one year after the date of enactment of this Act--
            (1) provide the Congress with information on the progress 
        in devising the direct IDEA loan with income contingent 
        repayment using the income tax withholding system;
            (2) inform the Congress of any necessary statutory changes 
        for the purpose of establishing a direct IDEA loan with income 
        contingent repayment using the income tax withholding system; 
        and
            (3) consider international programs demonstrating 
        implementation of income contingent repayment collected through 
        revenue services, such as programs in England, Australia, and 
        New Zealand.

SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS.

    (a) Independent Evaluation.--The Secretary of Education shall enter 
into an agreement with the National Academy of Sciences to conduct a 
scientifically correct and statistically valid evaluation of the 
quality of distance education programs, as compared to campus-based 
education programs, at institutions of higher education. Such 
evaluation shall include--
            (1) identification of the elements by which the quality of 
        distance education, as compared to campus-based education, can 
        be assessed, including elements such as subject matter, 
        interactivity, and student outcomes;
            (2) identification of distance and campus-based education 
        program success, with respect to student achievement, in 
        relation to the mission of the institution of higher education; 
        and
            (3) identification of the types of students (including 
        classification of types of students based on student age) who 
        most benefit from distance education programs, the types of 
        students who most benefit from campus-based education programs, 
        and the types of students who do not benefit from distance 
        education programs, by assessing elements including access to 
        higher education, job placement rates, undergraduate graduation 
        rates, and graduate and professional degree attainment rates.
    (b) Scope.--The National Academy of Sciences shall select for 
participation in the evaluation under subsection (a) a diverse group of 
institutions of higher education with respect to size, mission, and 
geographic distribution.
    (c) Interim and Final Reports.--The agreement under subsection (a) 
shall require that the National Academy of Sciences submit to the 
authorizing committees (as such term is defined in section 103 of the 
Higher Education Act of 1965 (20 U.S.C. 1003)--
            (1) an interim report regarding the evaluation under 
        subsection (a) not later than December 31, 2008; and
            (2) a final report regarding such evaluation not later than 
        December 31, 2010.

SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO ``GO GREEN''.

    (a) Findings.--The Committee on Education and Labor of the House of 
Representatives makes the following findings:
            (1) A commitment to and academic programs for environmental 
        and economic sustainability are essential for our Nation's 
        future prosperity.
            (2) The more than 4,200 higher education institutions in 
        the United States have the capacity to innovatively leverage 
        spending and change consumption patterns by incorporating 
        concepts of sustainability into their academic programs and by 
        modeling sustainable economic and environmental practices for 
        their communities.
            (3) Many colleges and universities have interdisciplinary 
        programs or centers focusing on equipping students with the 
        academic content knowledge needed to understand concepts of 
        sustainability and ``going green''.
            (4) Many colleges and universities have programs related to 
        the research of sustainability and sustainable systems.
            (5) Academic programs related to sustainability vary in 
        rigor because no national education content standards for 
        academic sustainability programs currently exist.
            (6) Colleges and universities may partner with businesses 
        to encourage students and faculty to translate academic 
        learning and research into practical solutions that promote 
        sustainability.
            (7) Colleges and universities that make an effort to reduce 
        energy consumption and promote environmental sustainability not 
        only reduce their own emissions, but also motivate the leaders 
        of the next generation to action and create technical skills 
        and resources to develop innovative solutions.
            (8) Many colleges and universities have undertaken 
        detailed, campus-wide assessments of their progress toward 
        ``going green'' and sustainability or have measured their 
        progress in specific sectors, such as operations, or specific 
        parameters, such as recycling, energy, and water consumption.
            (9) No system that evaluates and compares college and 
        university campuses in terms of overall sustainability-related 
        academic programs and practices currently exists.
    (b) Sense of the Committee on Education and Labor.--It is the sense 
of the Committee on Education and Labor that in order to encourage 
increased public awareness of the need to ``go green'' by using 
sustainable economic and environmental practices and rigorous 
sustainability academic programs on college and university campuses, 
the following should be encouraged:
            (1) The development of educational standards by 
        institutions of higher education to determine the necessary 
        rigor and effectiveness of academic sustainability programs.
            (2) Public awareness of the need for ``going green'' by 
        using sustainable economic and environmental practices.
            (3) Non-governmental efforts to improve economic and 
        environmental sustainability efforts on college and university 
        campuses, including holding national summits to share best 
        practices.
            (4) Collaborative partnerships between Federal agencies, 
        businesses, universities and communities to broaden 
        sustainability practices.

SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, AND SAFETY 
              STANDARDS.

    (a) Study.--The Secretary of Education shall commission the 
National Research Council to conduct a national study to determine the 
viability of developing and implementing standards in environmental, 
health, and safety areas to provide for differential regulation of 
industrial laboratories and facilities, on the one hand, and research 
and teaching laboratories on the other. The National Research Council 
shall make specific recommendations for statutory and regulatory 
changes that are needed to develop such a differential approach.
    (b) Report.--The Secretary of Education shall submit the list of 
those regulations that impose the greatest compliance costs on 
institutions of higher education and make recommendations for statutory 
changes to ease the compliance burden to the authorizing committees (as 
such term is defined in section 103 of the Higher Education Act of 1965 
(20 U.S.C. 1003).

SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.

    (a) Study Required.--The Secretary of Education shall--
            (1) commission and ensure the conduct of a national study 
        of underrepresented minority males, particularly African 
        American and Hispanic American males, completing high school, 
        and entering and graduating from colleges and universities in 
        accordance with the following:
                    (A) the data comprising the study shall focus 
                primarily on African American and Hispanic American 
                males and will utilize existing data sources;
                    (B) the study shall focus on high school completion 
                and preparation for college, success on the SAT and 
                ACT, and minority male access to college, including the 
                financing of college, and college persistence and 
                graduation; and
                    (C) the implementation of the study shall be in 
                four stages based on the recommendations of the 
                Commissioner of Education Statistics; and
            (2) make specific recommendations to the Congress and State 
        superintendents of education on new approaches to increase--
                    (A) the number of minority males successfully 
                preparing themselves for college study;
                    (B) the number of minority males graduating from 
                high school and entering college; and
                    (C) the number of minority males graduating from 
                college and entering careers in which they are 
                underrepresented.
    (b) Submission of the Report.--Not later than 4 years after the 
date of enactment of this section, the Secretary shall submit a report 
on the study required by subsection (a)(1), together with the 
recommendations required by subsection (a)(2), to the authorizing 
committees (as such term is defined in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003)).

SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS.

    (a) Study.--The Comptroller General shall conduct a study to 
identify any race, ethnicity, and gender biases present in the design 
of standardized tests that are used for admission to institutions of 
higher education.
    (b) Data Available to the Public.--Any data collected and used for 
the study under subsection (a) shall be made publicly available, except 
that such data shall not be made available in any manner that reveals 
personally identifiable information relating to any individual.
    (c) Report.--Not later than one year after date of the enactment of 
this Act, the Comptroller General shall issue an interim report to the 
authorizing committees (as defined in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003)) related to the progress of the 
study under subsection (a).

SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS.

    (a) Study Required.--The Congressional Budget Office shall conduct 
a study on the feasibility of allowing borrowers in repayment of 
student loans made under the Higher Education Act of 1965 the option of 
selecting or renegotiating a fixed or variable interest rate on their 
loans and the repayment period of such loans. The study shall evaluate 
various scenarios and options and take into consideration the costs to 
the government, lenders and borrowers of allowing such an option as 
well as the impact on service quality.
    (b) Report.--The Congressional Budget Office shall submit a report 
on the study required by this section to the authorizing committees (as 
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003)) not later than one year after the date of the enactment of this 
Act.

SEC. 809. ENDOWMENT REPORT.

    (a) Analysis of Endowments.--The Secretary of Education shall 
conduct a study on the amounts, uses, and public purposes of the 
endowments of institutions of higher education. The study shall include 
information (disaggregated by types of institution) describing--
            (1) the average and range of--
                    (A) the outstanding balance of such endowments;
                    (B) the growth of such endowments over the last 20 
                years; and
                    (C) the percentage of spending on an annual basis 
                and, to the extent practicable, the uses of such 
                endowments by the institutions; and
            (2) the extent to which the funds in such endowments are 
        restricted, and the restrictions placed upon such funds.
    (b) Submission of Report.--The Secretary shall submit the report 
required by subsection (a) to the authorizing committees (as such term 
is defined in section 103 of the Higher Education Act of 1965 (20 
U.S.C. 1003)) not later than one year after the date of enactment of 
this Act.

SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.

    (a) Study Required.--The Secretary of Education shall--
            (1) conduct a longitudinal study to assess the effects of 
        correctional postsecondary education that--
                    (A) employs rigorous empirical methods that control 
                for self-selection bias;
                    (B) measures a range of outcomes, including those 
                related to employment and earnings, recidivism, engaged 
                citizenship, impact on families of the incarcerated, 
                and impact on the culture of the correctional 
                institution;
                    (C) examines different delivery systems of 
                postsecondary education, such as on-site and distance 
                learning; and
                    (D) includes a projected cost-benefit analysis of 
                the Federal investment in terms of reduction of future 
                offending, reduction of future prison costs 
                (construction and operational), increased tax payments 
                by formerly incarcerated individuals, a reduction of 
                welfare and other social service costs for successful 
                formerly incarcerated individuals, and increased costs 
                from the employment of formerly incarcerated 
                individuals; and
            (2) make specific recommendations to the Congress and the 
        relevant State agencies responsible for correctional education, 
        such as the State superintendents of education and State 
        secretaries of corrections, on best approaches to increase 
        correctional education and its effectiveness.
    (b) Submission of Reports.--Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit an interim report 
on the progress of the study required by subsection (a)(1) to the 
authorizing committees (as defined in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003)). Not later than 7 years after 
the date of enactment of this Act, the Secretary shall submit a final 
report, together with the recommendations required by subsection 
(a)(3), to the authorizing committees.

SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM.

    (a) Program Authorized.--The Secretary is authorized to provide 
grants, on a competitive basis, to institutions of higher education (as 
defined in section 102) to support a National Undergraduate Fellows 
program.
    (b) Purpose of Grants.--Grants under this section shall be provided 
to enable administrators (including student affairs administrators)--
            (1) to improve postsecondary degree completion rates of 
        current underrepresented students through mentoring, a 
        leadership institute, an internship, and funding to attend 
        regional and national higher education administration 
        conferences;
            (2) to increase the retention and success rates of not only 
        current students, but future generations of underrepresented 
        college students, by encouraging them to pursue a career in 
        higher education or student affairs; and
            (3) to increase the quality and number of underrepresented 
        higher education and student affairs administrators able to 
        provide much needed student support services to students.
    (c) Uses of Funds.--Grantees under this section may use the funds 
to provide--
            (1) staffing support for the program, which may include a 
        higher education administrator as a mentor;
            (2) summer internship opportunities focusing on higher 
        education administration, at an institution other than their 
        own;
            (3) a summer leadership institute participation opportunity 
        for self reflection, leadership skill building, graduate school 
        preparation, and career development; and
            (4) as needed, support to attend regional and national 
        higher education conferences for additional leadership and 
        professional development.
    (d) On-Going Support for the Fellows Program.--From the funds 
appropriated in section 800 of the Higher Education Act of 1965, the 
Secretary shall award a grant, on a competitive basis, to a national 
organization to enable such organization to support the establishment 
and ongoing work of the program under this section.

SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY TRUST 
              FUND.

    (a) Establishment.--There is established a nonprofit corporation to 
be known as the National Center for Learning Science and Technology 
(referred to in this Act as the ``Center'') which shall not be an 
agency or establishment of the United States Government. The Center 
shall be subject to the provisions of this section, and, to the extent 
consistent with this section, to the District of Columbia Nonprofit 
Corporation Act (D.C. Code, sec. 29-501 et seq.).
    (b) Funding.--
            (1) In general.--There is established in the Treasury a 
        separate fund to be known as the National Center for Learning 
        Science and Technology Trust Fund (referred to in this Act as 
        the ``Trust Fund''). The Trust Fund shall contain such amounts 
        as are credited to the Trust Fund under paragraph (2) and other 
        funds obtained under paragraph (3).
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Trust Fund such sums as may be 
        necessary for the fiscal years 2008 and each of the 4 
        succeeding fiscal years.
            (3) Additional funds.--The Trust Fund is authorized--
                    (A) to accept funds from any Federal agency or 
                entity;
                    (B) to accept, hold, administer, invest, and spend 
                any gift, devise, or bequest of real or personal 
                property made to the Center; and
                    (C) to enter into contracts with individuals, 
                public or private organizations, professional 
                societies, and government agencies for the purpose of 
                carrying out the functions of the Center.
    (c) Board of Directors; Functions, and Duties.--
            (1) In general.--A board of directors of the Center 
        (referred to in this Act as the ``Board'') shall be established 
        to oversee the administration of the Center. The initial Board 
        shall consist of 9 members to be appointed by the Secretary of 
        Education from a list of recommendations received from the 
        House of Representatives and the Senate, who--
                    (A) reflect representation from the public and 
                private sectors; and
                    (B) shall provide, as nearly as practicable, a 
                broad representation of various regions of the United 
                States, various professions and occupations, and 
                various kinds of talent and experience appropriate to 
                the functions and responsibilities of the Center.
            (2) Organization and operation.--The board shall 
        incorporate and operate the center in accordance with the laws 
        governing tax exempt organizations in the District of Columbia.
    (d) Trust Fund Uses.--
            (1) Uses of funds.--To achieve the objectives of this Act, 
        the Director of the Center, after consultation with the Board, 
        shall use Trust funds to support research that is in the public 
        interest but that is unlikely to be undertaken entirely with 
        private funds--
                    (A) to support precompetitive and applied research 
                development and demonstrations, and assessments of 
                prototypes of innovative digital learning and 
                information technologies as well as the components and 
                tools needed to create them;
                    (B) to support the pilot testing and evaluation of 
                these prototype systems;
                    (C) to encourage the widespread adoption and use of 
                effective, innovative digital approaches to learning 
                supported by this Act; and
                    (D) to support innovative digital media education 
                programs for parents, teachers, and children to help 
                children in the United States learn digital safety and 
                build technology literacy.
            (2) Contracts and grants.--
                    (A) In general.--In order to carry out the 
                activities described in paragraph (1), the Director of 
                the Center, with the agreement of a majority of the 
                members of the Board, may award contracts and grants to 
                colleges and universities, museums, libraries, public 
                broadcasting entities and similar nonprofit 
                organizations and public institutions with or without 
                for-profit partners, and to for-profit organizations.
                    (B) Public domain.--
                            (i) In general.--The research and 
                        development properties and materials associated 
                        with a project in which a majority of the 
                        funding used to carry out the project is from a 
                        grant or contract under this Act shall be 
                        freely and nonexclusively available to the 
                        general public in a timely manner.
                            (ii) Exemption.--The Director of the Center 
                        may exempt specific projects from the 
                        requirement of clause (i) if the Director of 
                        the Center and a majority of the members of the 
                        Board determine that the general public will 
                        benefit significantly due to the project not 
                        being freely and nonexclusively available to 
                        the general public in a timely manner.
                    (C) Peer review.--To the extent practicable, 
                proposals for grants or contracts shall be evaluated on 
                the basis of comparative merit by panels of experts who 
                represent diverse interests and perspectives, and who 
                are appointed by the Director of the Center from 
                recommendations from the fields served and from the 
                Board of Directors.
    (e) Accountability and Reporting.--
            (1) Report.--
                    (A) In general.--Not later than April 30 of each 
                year, the Director of the Center shall prepare a report 
                for the preceding fiscal year that contains the 
                information described in subparagraph (B).
                    (B) Contents.--A report under subparagraph (A) 
                shall include--
                            (i) a comprehensive and detailed report of 
                        the Center's operations, activities, financial 
                        condition, and accomplishments, and such 
                        recommendations as the Director of the Center 
                        determines appropriate;
                            (ii) a comprehensive and detailed inventory 
                        of funds distributed from the Trust Fund during 
                        the fiscal year for which the report is being 
                        prepared; and
                            (iii) an independent audit of the Trust 
                        Fund's finances and operations, and of the 
                        implementation of the goals established by the 
                        Board.
                    (C) Statement of the board.--Each report under 
                subparagraph (A) shall include a statement from the 
                Board containing--
                            (i) a clear description of the plans and 
                        priorities of the Board for the subsequent 5-
                        year period for expenditures from the Trust 
                        Fund; and
                            (ii) an estimate of the funds that will be 
                        available for such expenditures from the Trust 
                        Fund.
                    (D) Submission to the president and congress.--A 
                report under this subsection shall be submitted to the 
                President and the authorizing committees (as such term 
                is defined in section 103 of the Higher Education Act 
                of 1965 (20 U.S.C. 1003)).
            (2) Testimony.--The Director and principal officers of the 
        Center shall testify before the appropriate committees of 
        Congress, upon request of such committees, with respect to--
                    (A) a report prepared under paragraph (1)(A); and
                    (B) any other matter that such committees may 
                determine appropriate.
    (f) Use of Funds Subject to Appropriations.--The authority to award 
grants, enter into contracts, or otherwise to expend funds under this 
section is subject to the availability of amounts deposited into the 
Trust Fund under subsection (b)(3)(A) or (B), or amounts otherwise 
appropriated for such purposes by an Act of Congress.

SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF MEDICAL SCHOOL 
              GRADUATES.

    (a) Study Required.--The Comptroller General shall conduct a study 
to evaluate the higher education related indebtedness of medical school 
graduates in the United States at the time of graduation.
    (b) Deadline.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit a report on the study 
required by subsection (a) to the authorizing Committees (as such term 
is defined in section 103 of the Higher Education Act of 1965), and 
shall make the report widely available to the public. Additional 
reports may be periodically prepared and released as necessary.

SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.

    (a) Study.--The Comptroller General shall conduct a study to review 
the methodology that is used to determine the expected family 
contribution under part F of title IV of the Higher Education Act of 
1965.
    (b) Study Components.--The study conducted under subsection (a) 
shall identify and evaluate the need analysis formula under part F of 
title IV of the Higher Education Act of 1965 and examine the need for 
regional sensitivity in need analysis. The study shall include--
            (1) the factors that are used to determine a student's 
        expected family contribution under part F of title IV of the 
        Higher Education Act;
            (2) the varying allowances that are made in calculating the 
        expected family contribution;
            (3) the effects of the income protection allowance on all 
        aid recipients; and
            (4) options for modifying the income protection allowance 
        to reflect the significant differences in the cost of living in 
        various parts of the United States.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, Comptroller General shall report to the authorizing 
committees (as such term is defined in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003)) on the results of the study 
conducted under this section.

SEC. 815. DYSLEXIA STUDY.

    (a) Independent Evaluation.--The Secretary of Education shall enter 
into an agreement with the Center for Education of the National Academy 
of Sciences for a scientifically based study of the quality of teacher 
education programs, to determine if teachers are adequately prepared to 
meet the needs of students with reading and language processing 
challenges, including dyslexia. Such study shall--
            (1) establish the prevalence of dyslexia and other 
        processing difficulties in the general population by conducting 
        a review of existing research and available relevant data; and
            (2) conduct a survey of institutions of higher education to 
        provide data on the extent to which teacher education programs 
        are based on the essential components of reading instruction 
        and scientifically valid research.
    (b) Components.--The study conducted under subsection (a) shall be 
designed to provide statistically reliable information on--
            (1) the number, type of courses, and credit hours required 
        to meet the requirements of the reading degree programs; and
            (2) the extent to which the content of the reading degree 
        programs are based on--
                    (A) the essentials of reading instruction and 
                scientifically valid research, including phonemic 
                awareness, phonics, fluency, vocabulary, and 
                comprehension; and
                    (B) early intervention strategies based on 
                scientific evidence concerning challenges to the 
                development of language processing capacity, 
                specifically dyslexia, and the extent to which such 
                strategies are effective in preventing reading failure 
                before it occurs.
    (c) Scope.--The National Academy of Sciences shall select for 
participation in the evaluation under subsection (a) a diverse group of 
institutions of higher education with respect to size, mission, and 
geographic distribution.
    (d) Interim and Final Reports.--The National Academy of Sciences 
shall submit to the Secretary of Education, the Committee on Health, 
Education, Labor and Pensions of the Senate, and the Committee on 
Education and Labor of the House of Representatives--
            (1) an interim report regarding the study under subsection 
        (a) not later than 9 months after the award of the contract to 
        the Center for Education, as specified in this Act; and
            (2) a final report summarizing the findings, conclusions, 
        and recommendations of such study not later than 18 months 
        after the award of such contract.
    (e) Task Force.--
            (1) Establishment.--Upon completion of the final report 
        under subsection (d)(2), the Secretary of Education shall 
        assemble a task force to make policy recommendations regarding 
        the findings of the report to the Secretary.
            (2) Membership.--The membership of the task force under 
        this subsection shall include chief State school officers, 
        State reading consultants, a panel of master teachers, national 
        reading experts, and researchers with expertise in the relevant 
        fields.
            (3) Public hearings.--The task force under this subsection 
        shall hold public hearings to provide an opportunity for public 
        comment on the results of the findings of the task force.

SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.

    (a) Study.--The Secretary of Education shall conduct a study--
            (1) on the impact of the standard 10-year student loan 
        repayment term on the ability of undergraduate borrowers in 
        low-income areas, including Puerto Rico, to repay their loans 
        made under title IV, part B, of the Higher Education Act of 
        1965; and
            (2) to examine the extent to which longer payment terms 
        would assist borrowers in such low-income areas in reducing 
        their monthly loan payments.
    (b) Report.--Not later than 1 year after the date of enactment of 
this title, the Secretary shall submit a report to Congress on the 
results of the study required by this section.

SEC. 817. NURSING SCHOOL CAPACITY.

    (a) Findings.--The Congress finds as follows:
            (1) Researchers in the field of public health have 
        identified the need for a national study to identify 
        constraints encountered by schools of nursing in graduating the 
        number of nurses sufficient to meet the health care needs of 
        the United States.
            (2) The shortage of qualified registered nurses has 
        adversely affected the health care system of the United States.
            (3) Individual States have had varying degrees of success 
        with programs designed to increase the recruitment and 
        retention of nurses.
            (4) Schools of nursing have been unable to provide a 
        sufficient number of qualified graduates to meet the workforce 
        needs.
            (5) Many nurses are approaching the age of retirement, and 
        the problem worsens each year.
            (6) In 2004, an estimated 125,000 applications from 
        qualified applicants were rejected by schools of nursing, due 
        to a shortage of faculty and a lack of capacity for additional 
        students.
    (b) Study With Respect to Constraints With Respect to Schools of 
Nursing.--
            (1) In general.--The Secretary shall request the Institute 
        of Medicine of the National Academy of Sciences to enter into 
        an agreement under which the Institute conducts a study for the 
        purpose of--
                    (A) identifying constraints encountered by schools 
                of nursing in admitting and graduating the number of 
                registered nurses necessary to ensure patient safety 
                and meet the need for quality assurance in the 
                provision of health care; and
                    (B) developing recommendations to alleviate the 
                constraints on a short-term and long-term basis.
            (2) Certain components.--The Secretary shall ensure that 
        the agreement under paragraph (1) provides that the study under 
        such subsection will include information on the following:
                    (A) The trends in applications for attendance at 
                schools of nursing that are relevant to the purpose 
                described in such subsection, including trends 
                regarding applicants who are accepted for enrollment 
                and applicants who are not accepted, particularly 
                qualified applicants who are not accepted.
                    (B) The number and demographic characteristics of 
                entry-level and graduate students currently enrolled in 
                schools of nursing, the retention rates at the schools, 
                and the number of recent graduates from the schools, as 
                compared to previous years and to the projected need 
                for registered nurses based on two-year, five-year, and 
                ten-year projections.
                    (C) The number and demographic characteristics of 
                nurses who pursue graduate education in nursing and 
                non-nursing programs but do not pursue faculty 
                positions in schools of nursing, the reasons therefor, 
                including any regulatory barriers to choosing to pursue 
                such positions, and the effect of such decisions on the 
                ability of the schools to obtain adequate numbers of 
                faculty members.
                    (D) The extent to which entry-level graduates of 
                the schools are satisfied with their educational 
                preparation, including their participation in nurse 
                externships, internships, and residency programs, and 
                to which they are able to effectively transition into 
                the nursing workforce.
                    (E) The satisfaction of nurse managers and 
                administrators with respect to the preparation and 
                performance levels of entry-level graduates from the 
                schools after one year, three years, and five years of 
                practice, respectively.
                    (F) The extent to which the current salary, benefit 
                structures, and characteristics of the workplace, 
                including the number of nurses who are presently 
                serving in faculty positions, influence the career path 
                of nurses who have pursued graduate education.
                    (G) The extent to which the use of innovative 
                technologies for didactic and clinical nursing 
                education might provide for an increase in the ability 
                of schools of nursing to train qualified nurses.
            (3) Recommendations.--Recommendations under paragraph 
        (2)(B) may include recommendations for legislative or 
        administrative changes at the Federal or State level, and 
        measures that can be taken in the private sector--
                    (A) to facilitate the recruitment of students into 
                the nursing profession;
                    (B) to facilitate the retention of nurses in the 
                workplace; and
                    (C) to improve the resources and ability of the 
                education and health care systems to prepare a 
                sufficient number of qualified registered nurses.
            (4) Methodology of study.--
                    (A) Scope.--The Secretary shall ensure that the 
                agreement under paragraph (1) provides that the study 
                under such subsection will consider the perspectives of 
                nurses and physicians in each of the various types of 
                inpatient, outpatient, and residential facilities in 
                the health care delivery system; faculty and 
                administrators of schools of nursing; providers of 
                health plans or health insurance; and consumers.
                    (B) Consultation with relevant organization.--The 
                Secretary shall ensure that the agreement under 
                paragraph (1) provides that relevant agencies and 
                organizations with expertise on the nursing shortage 
                will be consulted with respect to the study under such 
                subsection, including but not limited to the following:
                            (i) The Agency for Healthcare Research and 
                        Quality.
                            (ii) The American Academy of Nursing.
                            (iii) The American Association of Colleges 
                        of Nursing.
                            (iv) The American Nurses Association.
                            (v) The American Organization of Nurse 
                        Executives.
                            (vi) The National Institute of Nursing 
                        Research.
                            (vii) The National League for Nursing.
                            (viii) The National Organization for 
                        Associate Degree Nursing.
                            (ix) The National Student Nurses 
                        Association.
            (5) Report.--The Secretary shall ensure that the agreement 
        under paragraph (1) provides that not later than 18 months 
        after the date of the enactment of this section, a report 
        providing the findings and recommendations made in the study 
        under such subsection will be submitted to the Secretary, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and the Committee on Health, Education, Labor, 
        and Pensions of the Senate.
            (6) Other organization.--If the Institute declines to 
        conduct the study under paragraph (1), the Secretary may enter 
        into an agreement with another appropriate private entity to 
        conduct the study.
    (c) Definitions.--For purposes of this section:
            (1) The term ``Institute'' means the Institute of Medicine 
        of the National Academy of Sciences.
            (2)(A) The term ``school of nursing'' means a collegiate, 
        associate degree, or diploma school of nursing in a State.
            (B) The terms ``collegiate school of nursing'', ``associate 
        degree school of nursing'', and ``diploma school of nursing'' 
        have the meanings given to such terms in section 801 of the 
        Public Health Service Act.
            (3) The term ``Secretary'' means the Secretary of 
        Education.

SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC SERVICE.

    (a) Study.--The Secretary of Education, in consultation with the 
Office of Management and Budget, is authorized to coordinate with an 
organization with expertise in the field of public service, such as the 
National Academy of Public Administrators or the American Society for 
Public Administration, to coordinate with interested parties to conduct 
a study of how student loan debt levels impact the decisions of 
graduates of postsecondary and graduate education programs to enter 
into public service careers. Such study shall include--
            (1) an assessment of the challenges to recruiting and 
        retaining well-qualified public servants, including the impact 
        of student loan debt;
            (2) an evaluation of existing Federal programs to recruit 
        and retain well-qualified public servants;
            (3) an evaluation of whether additional Federal programs 
        could increase the number of graduates of postsecondary and 
        graduate education programs who enter careers in public 
        service; and
            (4) recommendations related to any potential pilot 
        programs, including an academy for public service, that could 
        be used to encourage new graduates of postsecondary and 
        graduate education programs to enter public service careers.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Education, in consultation with 
the Office of Management and Budget, shall submit to Congress a report 
related to the findings of the study conducted under subsection (a).

SEC. 819. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.

    (a) Analysis of Federal Regulations on Institutions of Higher 
Education.--The Secretary of Education shall contract with the National 
Research Council of the National Academies to conduct a study to 
ascertain the amount and scope of all Federal regulations and reporting 
requirements with which institutions of higher education must comply. 
The study shall include information describing--
            (1) by agency, the number of Federal regulations and 
        reporting requirements affecting institutions of higher 
        education;
            (2) by agency, the estimated time required and costs to 
        institutions of higher education (disaggregated by types of 
        institutions) to comply with the regulations and reporting 
        requirements as required in (a)(1); and
            (3) by agency, recommendations for consolidating, 
        streamlining, and eliminating redundant and burdensome Federal 
        regulations and reporting requirements affecting institutions 
        of higher education.
    (b) Submission of Report.--The Secretary shall submit the report 
required by subsection (a) to the authorizing committees (as such term 
is defined in section 103 of the Higher Education Act of 1965 (20 
U.S.C. 1003)) not later than 18 months after the date of enactment of 
this Act.

SEC. 820. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.

    (a) Study Required.--The Secretary shall conduct a study on making 
and expanding the student aid available under title IV of the Higher 
Education Act of 1965 to less-than-half-time students. The Secretary 
shall submit a report on the results of such study, including the 
Secretary's recommendations, to the authorizing committees not later 
than one year after the date of enactment of this Act.
    (b) Subjects for Study.--The study required by this section shall, 
at a minimum, examine the following:
            (1) The existing sources of Federal aid for less-than-half-
        time students seeking a college degree or certificate.
            (2) The demand for Federal aid for less-than-half-time 
        students and whether the demand is satisfied by existing 
        sources of Federal aid, taking into consideration not only the 
        number of less-than-half-time students currently seeking a 
        college degree or certificate, but also any increase in the 
        number of less-than-half-time students that may result from an 
        expansion of Federal aid for less-than-half-time students 
        seeking a college degree or certificate.
            (3) The potential costs to the Federal Government and the 
        potential benefits that could be received by students resulting 
        from expanding Federal aid for less-than-half-time students 
        seeking a college degree or certificate.
            (4) The barriers to expanding Federal aid for less-than-
        half-time students, including identifying--
                    (A) statutory and regulatory barriers, such as 
                student eligibility, institutional eligibility, need 
                analysis, program integrity, and award amounts; and
                    (B) other factors that may limit participation in 
                an expanded Federal aid program for less-than-half-time 
                students.
    (c) Recommendations to Be Provided.--The Secretary's 
recommendations under this section shall include recommendations for 
designing a demonstration student loan program tailored to less-than-
half-time students. The recommendations shall include any required 
statutory or regulatory modifications, as well as proposed 
accountability mechanisms to protect students, institutions, and the 
Federal investment in higher education.
    (d) Definitions.--As used in this section:
            (1) the term ``Secretary'' means the Secretary of 
        Education;
            (2) the term ``authorizing committees'' has the meaning 
        provided in section 103 of the Higher Education Act of 1965, as 
        amended by this Act;
            (3) the term ``less-than-half-time student'' means a 
        student who is carrying less than one-half the normal full-time 
        work load for the course of study that the student is pursuing, 
        as determined by the institution such student is attending.

SEC. 821. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL.

    (a) Pilot Grant Program.--From the amounts appropriated pursuant to 
subsection (e), the Secretary shall make grants on a competitive basis 
to not more than 10 institutions of higher education to support pilot 
programs that expand the services of bookstores to provide the option 
for students to rent course materials in order to achieve savings for 
students.
    (b) Application.--An institution of higher education that desires 
to obtain a grant under this section shall submit an application to the 
Secretary at such time, in such form, and containing or accompanied by 
such information, agreements, and assurances as the Secretary may 
reasonably require.
    (c) Use of Funds.--The funds made available by a grant under this 
section may be used for--
            (1) purchase of course materials that the entity will make 
        available by rent to students;
            (2) any equipment or software necessary for the conduct of 
        a rental program;
            (3) hiring staff needed for the conduct of a rental 
        program, with priority given to hiring enrolled undergraduate 
        students; and
            (4) building or acquiring extra storage space dedicated to 
        course materials for rent.
    (d) Evaluation and Report.--
            (1) Evaluations by recipients.--After a period of time to 
        be determined by the Secretary, each institution of higher 
        education that receives a grant under this section shall submit 
        a report to the Secretary on the effectiveness of their rental 
        programs in reducing textbook costs for students.
            (2) Report to congress.--Not later than September 30, 2010, 
        the Secretary shall submit a report to Congress on the 
        effectiveness of the textbook rental pilot programs under this 
        section, and identify the best practices developed in such 
        pilot programs. Such report shall contain an estimate by the 
        Secretary of the savings achieved by students who participate 
        in such pilot programs.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for fiscal year 2009 
and 2010.

                   TITLE IX--AMENDMENTS TO OTHER LAWS

               PART A--EDUCATION OF THE DEAF ACT OF 1986

SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.

    Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4304) is amended--
            (1) by striking the section heading and inserting ``laurent 
        clerc national deaf education center'';
            (2) in subsection (a)(1)(A), by inserting ``the Laurent 
        Clerc National Deaf Education Center (referred to in this 
        section as the `Clerc Center') to carry out'' after ``maintain 
        and operate''; and
            (3) in subsection (b)--
                    (A) in the matter preceding subparagraph (A) of 
                paragraph (1), by striking ``elementary and secondary 
                education programs'' and inserting ``Clerc Center'';
                    (B) in paragraph (2), by striking ``elementary and 
                secondary education programs'' and inserting ``Clerc 
                Center'';
                    (C) in paragraph (4)(C)--
                            (i) in clause (i), by striking ``(6)'' and 
                        inserting ``(8)''; and
                            (ii) in clause (vi), by striking ``(m)'' 
                        and inserting ``(o)''; and
                    (D) by adding at the end the following:
    ``(5) The University, for purposes of the elementary and secondary 
education programs carried out at the Clerc Center, shall--
            ``(A)(i) select challenging academic content standards, 
        challenging student academic achievement standards, and 
        academic assessments of a State, adopted and implemented, as 
        appropriate, pursuant to paragraphs (1) and (3) of section 
        1111(b) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; 
        and
            ``(ii) implement such standards and assessments for such 
        programs by not later than the beginning of the 2009-2010 
        academic year;
            ``(B) annually determine whether such programs at the Clerc 
        Center are making adequate yearly progress, as determined 
        according to the definition of adequate yearly progress defined 
        (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 
        6311(b)(2)(C))) by the State that has adopted and implemented 
        the standards and assessments selected under subparagraph 
        (A)(i); and
            ``(C) publicly report the results of the academic 
        assessments implemented under subparagraph (A), except where 
        such reporting would not yield statistically reliable 
        information or would reveal personally identifiable information 
        about an individual student, and whether the programs at the 
        Clerc Center are making adequate yearly progress, as determined 
        under subparagraph (B).''.

SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.

    Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4305(b)(4)) is amended--
            (1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
        276a-5) commonly referred to as the Davis-Bacon Act'' and 
        inserting ``subchapter IV of chapter 31 of title 40, United 
        States Code, commonly referred to as the Davis-Bacon Act''; and
            (2) by striking ``section 2 of the Act of June 13, 1934 (40 
        U.S.C. 276c)'' and inserting ``section 3145 of title 40, United 
        States Code''.

SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.

    Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4332) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking the second 
                sentence;
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
    ``(2) If, pursuant to the agreement established under paragraph 
(1), either the Secretary or the institution of higher education 
terminates the agreement, the Secretary shall consider proposals from 
other institutions of higher education and enter into an agreement with 
one of those institutions for the establishment and operation of a 
National Technical Institute for the Deaf.''; and
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``Committee on 
                Labor and Human Resources of the Senate'' and inserting 
                ``Committee on Health, Education, Labor, and Pensions 
                of the Senate''; and
                    (B) in paragraph (5)--
                            (i) by striking ``the Act of March 3, 1931 
                        (40 U.S.C. 276a--276a-5) commonly referred to 
                        as the Davis-Bacon Act'' and inserting 
                        ``subchapter IV of chapter 31 of title 40, 
                        United States Code, commonly referred to as the 
                        Davis-Bacon Act''; and
                            (ii) by striking ``section 2 of the Act of 
                        June 13, 1934 (40 U.S.C. 276c)'' and inserting 
                        ``section 3145 of title 40, United States 
                        Code''.

SEC. 904. AUDIT.

    Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4353) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``sections'' and 
                all that follows through the period and inserting 
                ``sections 102(b), 105(b)(4), 112(b)(5), 203(c), 
                207(b)(2), subsections (c) through (f) of section 207, 
                and subsections (b) and (c) of section 209.''; and
                    (B) in paragraph (3), by inserting ``and the 
                Committee on Education and Labor of the House of 
                Representatives and the Committee on Health, Education, 
                Labor, and Pensions of the Senate'' after 
                ``Secretary''; and
            (2) in subsection (c)(2)(A), by striking ``Committee on 
        Labor and Human Resources of the Senate'' and inserting 
        ``Committee on Health, Education, Labor, and Pensions of the 
        Senate''.

SEC. 905. REPORTS.

    Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4354) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Committee on Labor and Human Resources of the Senate'' and 
        inserting ``Committee on Health, Education, Labor, and Pensions 
        of the Senate'';
            (2) in paragraph (1), by striking ``preparatory,'';
            (3) in paragraph (2)(C), by striking ``upon graduation/
        completion'' and inserting ``on the date that is 1 year after 
        the date of graduation or completion''; and
            (4) in paragraph (3)(B), by striking ``of the institution 
        of higher education'' and all that follows through ``section 
        203'' and inserting ``of NTID programs and activities''.

SEC. 906. MONITORING, EVALUATION, AND REPORTING.

    Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4355) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``preparatory,'';
            (2) in subsection (b), by striking ``The Secretary, as part 
        of the annual report required under section 426 of the 
        Department of Education Organization Act, shall include a 
        description of'' and inserting ``The Secretary shall annually 
        transmit information to Congress on''; and
            (3) in subsection (c), by striking ``fiscal years 1998 
        through 2003'' and inserting ``fiscal years 2008 through 
        2013''.

SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.

    Section 206(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 
4356(a)) is amended by striking ``Not later than 30 days after the date 
of enactment of this Act, the'' and inserting ``The''.

SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE 
              NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.

    Section 207(h) of the Education of the Deaf Act of 1986 (20 U.S.C. 
4357(h)) is amended by striking ``fiscal years 1998 through 2003'' each 
place it appears and inserting ``fiscal years 2008 through 2013''.

SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.

    Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 
4359(a)) is amended by striking ``Committee on Labor and Human 
Resources of the Senate and the Committee on Education and the 
Workforce of the House of Representatives'' and inserting ``Committee 
on Education and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate''.

SEC. 910. INTERNATIONAL STUDENTS.

    Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4359a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``preparatory, undergraduate,'' and 
                inserting ``undergraduate'';
                    (B) by striking ``Effective with'' and inserting 
                the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        effective with''; and
                    (C) by adding at the end the following:
            ``(2) Distance learning.--International students who 
        participate in distance learning courses that are at the 
        University or the NTID, who are residing outside of the United 
        States, and are not enrolled in a degree program at the 
        University or the NTID shall--
                    ``(A) not be counted as international students for 
                purposes of the cap on international students under 
                paragraph (1), except that in any school year no United 
                States citizen who applies to participate in distance 
                learning courses that are at the University or NTID 
                shall be denied participation in such courses because 
                of the participation of an international student in 
                such courses; and
                    ``(B) not be charged a tuition surcharge, as 
                described in subsection (b).''; and
            (2) by striking subsections (b), (c), and (d), and 
        inserting the following:
    ``(b) Tuition Surcharge.--Except as provided in subsections 
(a)(2)(B) and (c), the tuition for postsecondary international students 
enrolled in the University (including undergraduate and graduate 
students) or NTID shall include, for academic year 2008-2009 and any 
succeeding academic year, a surcharge of--
            ``(1) 100 percent for a postsecondary international student 
        from a non-developing country; and
            ``(2) 50 percent for a postsecondary international student 
        from a developing country, or a country that was a developing 
        country for any academic year during the student's period of 
        uninterrupted enrollment in a degree program at the University 
        or NTID, except that such a surcharge shall not be adjusted 
        retroactively.
    ``(c) Reduction of Surcharge.--
            ``(1) In general.--Beginning with the academic year 2008-
        2009, the University or NTID may reduce the surcharge--
                    ``(A) under subsection (b)(1) from 100 percent to 
                not less than 50 percent if--
                            ``(i) a student described under subsection 
                        (b)(1) demonstrates need; and
                            ``(ii) such student has made a good-faith 
                        effort to secure aid through such student's 
                        government or other sources; and
                    ``(B) under subsection (b)(2) from 50 percent to 
                not less than 25 percent if--
                            ``(i) a student described under subsection 
                        (b)(2) demonstrates need; and
                            ``(ii) such student has made a good faith 
                        effort to secure aid through such student's 
                        government or other sources.
            ``(2) Development of sliding scale.--The University and 
        NTID shall develop a sliding scale model that--
                    ``(A) will be used to determine the amount of a 
                tuition surcharge reduction pursuant to paragraph (1); 
                and
                    ``(B) shall be approved by the Secretary.
    ``(d) Definition.--In this section, the term `developing country' 
means a country with a per-capita income of not more than $5,345, 
measured in 2005 United States dollars, as adjusted by the Secretary to 
reflect inflation since 2005.''.

SEC. 911. RESEARCH PRIORITIES.

    Section 210(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 
4359b(b)) is amended by striking ``Committee on Education and the 
Workforce of the House of Representatives, and the Committee on Labor 
and Human Resources of the Senate'' and inserting ``Committee on 
Education and Labor of the House of Representatives, and the Committee 
on Health, Education, Labor, and Pensions of the Senate''.

SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.

    (a) Conduct of Study.--Subsection (a)(1) of section 211 of the 
Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended by 
inserting after ``The Secretary shall'' the following: ``establish a 
commission on the education of the deaf (in this section referred to as 
the `commission') to''.
    (b) Public Input and Consultation.--Subsection (b) of such section 
is amended by striking ``Secretary'' each place it appears and 
inserting ``commission''.
    (c) Report.--Subsection (c) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Secretary'' and all that follows through ``1998'' and 
        inserting ``commission shall report to the Secretary and 
        Congress not later than 18 months after the date of the 
        enactment of the College Opportunity and Affordability Act of 
        2008''; and
            (2) in paragraph (1)--
                    (A) by striking ``recommendations,'' and inserting 
                ``recommendations relating to educated-related factors 
                that contribute to successful postsecondary education 
                experiences and employment for individuals who are 
                deaf,''; and
                    (B) by striking ``Secretary'' and inserting 
                ``commission''.
    (d) Authorization of Appropriations.--Subsection (d) of such 
section is amended by striking ``$1,000,000 for each of the fiscal 
years 1999 and 2000'' and inserting ``such sums as may be necessary for 
each of the fiscal years 2008 and 2009''.

SEC. 913. AUTHORIZATION OF APPROPRIATIONS.

    Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C. 
4360a) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``fiscal years 1998 through 2003'' and 
        inserting ``fiscal years 2008 through 2013''; and
            (2) in subsection (b), by striking ``fiscal years 1998 
        through 2003'' and inserting ``fiscal years 2008 through 
        2013''.

                        PART B--INDIAN EDUCATION

              Subpart 1--Tribal Colleges and Universities

SEC. 921. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR 
              UNIVERSITY ASSISTANCE ACT OF 1978.

    (a) Clarification of the Definition of National Indian 
Organization.--Section 2(a)(6) of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by 
striking ``in the field of Indian education'' and inserting ``in the 
fields of tribally controlled colleges and universities and Indian 
higher education''.
    (b) Indian Student Count.--Section 2(a) of the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) is 
amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively; and
            (2) by inserting after paragraph (6) the following:
            ``(7) `Indian student' means a student who is--
                    ``(A) a member of an Indian tribe; or
                    ``(B) a biological child of a member of an Indian 
                tribe, living or deceased;''.
    (c) Continuing Education.--Section 2(b) of the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1801(b)) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``paragraph (7) of subsection (a)'' and inserting ``subsection 
        (a)(8)'';
            (2) by striking paragraph (5) and inserting the following:
            ``(5) Determination of credits.--Eligible credits earned in 
        a continuing education program--
                    ``(A) shall be determined as 1 credit for every 10 
                contact hours in the case of an institution on a 
                quarter system, or 15 contact hours in the case of an 
                institution on a semester system, of participation in 
                an organized continuing education experience under 
                responsible sponsorship, capable direction, and 
                qualified instruction, as described in the criteria 
                established by the International Association for 
                Continuing Education and Training; and
                    ``(B) shall be limited to 10 percent of the Indian 
                student count of a tribally controlled college or 
                university.''; and
            (3) by striking paragraph (6).
    (d) Accreditation Requirement.--Section 103 of the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 
1804) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3), the following:
            ``(4)(A) is accredited by a nationally recognized 
        accrediting agency or association determined by the Secretary 
        of Education to be a reliable authority with regard to the 
        quality of training offered; or
            ``(B) according to such an agency or association, is making 
        reasonable progress toward accreditation.''.
    (e) Technical Assistance Contracts.--Section 105 of the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 
1805) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``The Secretary shall'' and inserting the 
        following:

``SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.

    ``(a) Technical Assistance.--
            ``(1) In general.--The Secretary shall'';
            (2) in the second sentence, by striking ``In the awarding 
        of contracts for technical assistance, preference shall be 
        given'' and inserting the following:
            ``(2) Designated organization.--The Secretary shall require 
        that a contract for technical assistance under paragraph (1) 
        shall be awarded''; and
            (3) in the third sentence, by striking ``No authority'' and 
        inserting the following:
    ``(b) Effect of Section.--No authority''.
    (f) Amount of Grants.--Section 108(a) of the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1808(a)) is 
amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``(a) Except as provided in section 111,'' 
        and inserting the following:
    ``(a) Requirement.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        section 111,'';
            (3) in paragraph (1) (as redesignated by paragraphs (1) and 
        (2))--
                    (A) in the matter preceding subparagraph (A) (as 
                redesignated by paragraph (1))--
                            (i) by striking ``him'' and inserting ``the 
                        Secretary''; and
                            (ii) by striking ``product of'' and 
                        inserting ``product obtained by multiplying'';
                    (B) in subparagraph (A) (as redesignated by 
                paragraph (1)), by striking ``section 2(a)(7)'' and 
                inserting ``section 2(a)(8)''; and
                    (C) in subparagraph (B) (as redesignated by 
                paragraph (1)), by striking ``$6,000,'' and inserting 
                ``$8,000, as adjusted annually for inflation.''; and
            (4) by striking ``except that no grant shall exceed the 
        total cost of the education program provided by such college or 
        university.'' and inserting the following:
            ``(2) Exception.--The amount of a grant under paragraph (1) 
        shall not exceed an amount equal to the total cost of the 
        education program provided by the applicable tribally 
        controlled college or university.''.
    (g) General Provisions Reauthorization.--Section 110(a) of the 
Tribally Controlled College or University Assistance Act of 1978 (25 
U.S.C. 1810(a)) is amended--
            (1) in paragraphs (1), (2), (3), and (4), by striking 
        ``1999'' and inserting ``2008'';
            (2) in paragraphs (1), (2), and (3), by striking ``4 
        succeeding'' and inserting ``5 succeeding'';
            (3) in paragraph (2), by striking ``$40,000,000'' and 
        inserting ``such sums as may be necessary'';
            (4) in paragraph (3), by striking ``$10,000,000'' and 
        inserting ``such sums as may be necessary''; and
            (5) in paragraph (4), by striking ``succeeding 4'' and 
        inserting ``5 succeeding''.
    (h) Endowment Program Reauthorization.--Section 306(a) of the 
Tribally Controlled College or University Assistance Act of 1978 (25 
U.S.C. 1836(a)) is amended--
            (1) by striking ``1999'' and inserting ``2008''; and
            (2) by striking ``4 succeeding'' and inserting ``5 
        succeeding''.
    (i) Tribal Economic Development Reauthorization.--Section 403 of 
the Tribal Economic Development and Technology Related Education 
Assistance Act of 1990 (25 U.S.C. 1852) is amended--
            (1) by striking ``$2,000,000 for fiscal year 1999'' and 
        inserting ``such sums as may be necessary for fiscal year 
        2008''; and
            (2) by striking ``4 succeeding'' and inserting ``5 
        succeeding''.
    (j) Tribally Controlled Postsecondary Career and Technical 
Institutions.--
            (1) In general.--The Tribally Controlled College or 
        University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is 
        amended by adding at the end the following:

   ``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
                              INSTITUTIONS

``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
              TECHNICAL INSTITUTION.

    ``In this title, the term `tribally controlled postsecondary career 
and technical institution' has the meaning given the term in section 3 
of the Carl D. Perkins Career and Technical Education Act of 2006 (20 
U.S.C. 2302).

``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
              INSTITUTIONS PROGRAM.

    ``(a) In General.--Subject to the availability of appropriations, 
for fiscal year 2008 and each fiscal year thereafter, the Secretary 
shall--
            ``(1) subject to subsection (b), select 2 tribally 
        controlled postsecondary career and technical institutions to 
        receive assistance under this title; and
            ``(2) provide funding to the selected tribally controlled 
        postsecondary career and technical institutions to pay the 
        costs (including institutional support costs) of operating 
        postsecondary career and technical education programs for 
        Indian students at the tribally controlled postsecondary career 
        and technical institutions.
    ``(b) Selection of Certain Institutions.--
            ``(1) Requirement.--For each fiscal year during which the 
        Secretary determines that a tribally controlled postsecondary 
        career and technical institution described in paragraph (2) 
        meets the definition referred to in section 501, the Secretary 
        shall select that tribally controlled postsecondary career and 
        technical institution under subsection (a)(1) to receive 
        funding under this section.
            ``(2) Institutions.--The 2 tribally controlled 
        postsecondary career and technical institutions referred to in 
        paragraph (1) are--
                    ``(A) the United Tribes Technical College; and
                    ``(B) the Navajo Technical College.
    ``(c) Method of Payment.--For each applicable fiscal year, the 
Secretary shall provide funding under this section to each tribally 
controlled postsecondary career and technical institution selected for 
the fiscal year under subsection (a)(1) in a lump sum payment for the 
fiscal year.
    ``(d) Distribution.--
            ``(1) In general.--For fiscal year 2009 and each fiscal 
        year thereafter, of amounts made available pursuant to section 
        504, the Secretary shall distribute to each tribally controlled 
        postsecondary career and technical institution selected for the 
        fiscal year under subsection (a)(1) an amount equal to the 
        greater of--
                    ``(A) the total amount appropriated for the 
                tribally controlled postsecondary career and technical 
                institution for fiscal year 2006; or
                    ``(B) the total amount appropriated for the 
                tribally controlled postsecondary career and technical 
                institution for fiscal year 2008.
            ``(2) Excess amounts.--If, for any fiscal year, the amount 
        made available pursuant to section 504 exceeds the sum of the 
        amounts required to be distributed under paragraph (1) to the 
        tribally controlled postsecondary career and technical 
        institutions selected for the fiscal year under subsection 
        (a)(1), the Secretary shall distribute to each tribally 
        controlled postsecondary career and technical institution 
        selected for that fiscal year a portion of the excess amount, 
        to be determined by--
                    ``(A) dividing the excess amount by the aggregate 
                Indian student count (as defined in section 117(h) of 
                the Carl D. Perkins Career and Technical Education Act 
                of 2006 (20 U.S.C. 2327(h))) of such institutions for 
                the prior academic year; and
                    ``(B) multiplying the quotient described in 
                subparagraph (A) by the Indian student count of each 
                such institution for the prior academic year.

``SEC. 503. APPLICABILITY OF OTHER LAWS.

    ``(a) In General.--Paragraphs (4) and (7) of subsection (a), and 
subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and 
titles II, III, and IV shall not apply to this title.
    ``(b) Indian Self-Determination and Education Assistance.--Funds 
made available pursuant to this title shall be subject to the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.).
    ``(c) Election To Receive.--A tribally controlled postsecondary 
career and technical institution selected for a fiscal year under 
section 502(b) may elect to receive funds pursuant to section 502 in 
accordance with an agreement between the tribally controlled 
postsecondary career and technical institution and the Secretary under 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.) if the agreement is in existence on the date of enactment 
of the College Opportunity and Affordability Act of 2008.
    ``(d) Other Assistance.--Eligibility for, or receipt of, assistance 
under this title shall not preclude the eligibility of a tribally 
controlled postsecondary career and technical institutions to receive 
Federal financial assistance under--
            ``(1) any program under the Higher Education Act of 1965 
        (20 U.S.C. 1001 et seq.);
            ``(2) any program under the Carl D. Perkins Career and 
        Technical Education Act of 2006; or
            ``(3) any other applicable program under which a benefit is 
        provided for--
                    ``(A) institutions of higher education;
                    ``(B) community colleges; or
                    ``(C) postsecondary educational institutions.

``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary for fiscal year 2008 and each fiscal year thereafter to carry 
out this title.''.
            (2) Conforming amendments.--Section 117 of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2327) is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Grant Program.--Subject to the availability of 
appropriations, the Secretary shall make grants under this section, to 
provide basic support for the education and training of Indian 
students, to tribally controlled postsecondary career and technical 
institutions that are not receiving Federal assistance as of the date 
on which the grant is provided under--
            ``(1) title I of the Tribally Controlled College or 
        University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or
            ``(2) the Navajo Community College Act (25 U.S.C. 640a et 
        seq.).''; and
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) Applications.--To be eligible to receive a grant under this 
section, a tribally controlled postsecondary career and technical 
institution that is not receiving Federal assistance under title I of 
the Tribally Controlled College or University Assistance Act (25 U.S.C. 
1802 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et 
seq.) shall submit to the Secretary an application at such time, in 
such manner, and containing such information as the Secretary may 
require.''.
    (k) Short Title.--
            (1) In general.--The first section of the Tribally 
        Controlled College or University Assistance Act of 1978 (25 
        U.S.C. 1801 note; Public Law 95-471) is amended to read as 
        follows:

``SEC. 1. SHORT TITLE.

    ``This Act may be cited as the `Tribally Controlled Colleges and 
Universities Assistance Act of 1978'.''.
            (2) References.--Any reference in law (including 
        regulations) to the Tribally Controlled College or University 
        Assistance Act of 1978 shall be considered to be a reference to 
        the ``Tribally Controlled Colleges and Universities Assistance 
        Act of 1978''.

                   Subpart 2--Navajo Higher Education

SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.

    (a) Purpose.--Section 2 of the Navajo Community College Act (25 
U.S.C. 640a) is amended--
            (1) by striking ``Navajo Tribe of Indians'' and inserting 
        ``Navajo Nation''; and
            (2) by striking ``the Navajo Community College'' and 
        inserting ``Dine College''.
    (b) Grants.--Section 3 of the Navajo Community College Act (25 
U.S.C. 640b) is amended--
            (1) in the first sentence--
                    (A) by inserting ``the'' before ``Interior'';
                    (B) by striking ``Navajo Tribe of Indians'' and 
                inserting ``Navajo Nation''; and
                    (C) by striking ``the Navajo Community College'' 
                and inserting ``Dine College''; and
            (2) in the second sentence--
                    (A) by striking ``Navajo Tribe'' and inserting 
                ``Navajo Nation''; and
                    (B) by striking ``Navajo Indians'' and inserting 
                ``Navajo people''.
    (c) Study of Facilities Needs.--Section 4 of the Navajo Community 
College Act (25 U.S.C. 640c) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``the Navajo Community 
                        College'' and inserting ``Dine College''; and
                            (ii) by striking ``August 1, 1979'' and 
                        inserting ``October 31, 2010''; and
                    (B) in the second sentence, by striking ``Navajo 
                Tribe'' and inserting ``Navajo Nation'';
            (2) in subsection (b), by striking ``the date of enactment 
        of the Tribally Controlled Community College Assistance Act of 
        1978'' and inserting ``October 1, 2007''; and
            (3) in subsection (c), in the first sentence, by striking 
        ``the Navajo Community College'' and inserting ``Dine 
        College''.
    (d) Authorization of Appropriations.--Section 5 of the Navajo 
Community College Act (25 U.S.C. 640c-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``$2,000,000'' 
                and all that follows through the end of the paragraph 
                and inserting ``such sums as are necessary for fiscal 
                years 2008 through 2013.''; and
                    (B) by adding at the end the following:
    ``(3) Sums described in paragraph (2) shall be used to provide 
grants for construction activities, including the construction of 
buildings, water and sewer facilities, roads, information technology 
and telecommunications infrastructure, classrooms, and external 
structures (such as walkways).'';
            (2) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``the Navajo Community 
                        College'' and inserting ``Dine College''; and
                            (ii) by striking ``, for each fiscal year'' 
                        and all that follows through ``for--'' and 
                        inserting ``such sums as are necessary for 
                        fiscal years 2008 through 2013 to pay the cost 
                        of--'';
                    (B) in subparagraph (A)--
                            (i) by striking ``college'' and inserting 
                        ``College'';
                            (ii) in clauses (i) and (iii), by striking 
                        the commas at the end of the clauses and 
                        inserting semicolons; and
                            (iii) in clause (ii), by striking ``, and'' 
                        at the end and inserting ``; and'';
                    (C) in subparagraph (B), by striking the comma at 
                the end and inserting a semicolon;
                    (D) in subparagraph (C), by striking ``, and'' at 
                the end and inserting a semicolon;
                    (E) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (F) by adding at the end the following:
                    ``(E) improving and expanding the College, 
                including by providing, for the Navajo people and 
                others in the community of the College--
                            ``(i) higher education programs;
                            ``(ii) career and technical education;
                            ``(iii) activities relating to the 
                        preservation and protection of the Navajo 
                        language, philosophy, and culture;
                            ``(iv) employment and training 
                        opportunities;
                            ``(v) economic development and community 
                        outreach; and
                            ``(vi) a safe learning, working, and living 
                        environment.''; and
            (3) in subsection (c), by striking ``the Navajo Community 
        College'' and inserting ``Dine College''.
    (e) Effect on Other Laws.--Section 6 of the Navajo Community 
College Act (25 U.S.C. 640c-2) is amended--
            (1) by striking ``the Navajo Community College'' each place 
        it appears and inserting ``Dine College''; and
            (2) in subsection (b), by striking ``college'' and 
        inserting ``College''.
    (f) Payments; Interest.--Section 7 of the Navajo Community College 
Act (25 U.S.C. 640c-3) is amended by striking ``the Navajo Community 
College'' each place it appears and inserting ``Dine College''.

     PART C--HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION 
                           AMENDMENTS OF 1992

SEC. 941. GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS.

    Part D of title VIII of the Higher Education Amendments of 1998 (20 
U.S.C. 1151) is amended to read as follows:

       ``PART D--GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS

``SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION 
              TRAINING FOR INCARCERATED INDIVIDUALS.

    ``(a) Definition.--In this section:
            ``(1) Incarcerated individual.--The term `incarcerated 
        individual' means a male or female offender who is incarcerated 
        in a State prison, including a prerelease facility.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Education.
    ``(b) Grant Program.--The Secretary--
            ``(1) shall establish a program in accordance with this 
        section to provide grants to the State correctional education 
        agencies in the States to assist and encourage incarcerated 
        individuals to acquire educational and job skills, through--
                    ``(A) coursework to prepare students to take 
                college-level courses, such as remedial math and 
                English for postsecondary preparation;
                    ``(B) the pursuit of a postsecondary education 
                certificate, or an associate or bachelor's degree, 
                provided by a regionally or nationally accredited body 
                while in prison; and
                    ``(C) employment counseling and other related 
                services which start during incarceration and end not 
                later than 1 year after release from confinement; and
            ``(2) may establish such performance objectives and 
        reporting requirements for State correctional education 
        agencies receiving grants under this section as the Secretary 
        determines are necessary to assess the effectiveness of the 
        program under this section.
    ``(c) Application.--To be eligible for a grant under this section, 
a State correctional education agency shall submit to the Secretary a 
proposal for an incarcerated individual program that--
            ``(1) identifies the scope of the problem, including the 
        number of incarcerated individuals in need of postsecondary 
        education and vocational training;
            ``(2) lists the accredited public or private educational 
        institution or institutions with campuses established outside 
        the prison facility that will provide postsecondary preparatory 
        or postsecondary educational services;
            ``(3) lists the cooperating agencies, public and private, 
        or businesses that will provide related services, such as 
        counseling in the areas of career development, substance abuse, 
        health, and parenting skills;
            ``(4) describes specific performance objectives and 
        evaluation methods (in addition to, and consistent with, any 
        objectives established by the Secretary under subsection 
        (b)(2)) that the State correctional education agency will use 
        in carrying out its proposal, including--
                    ``(A) specific and quantified student outcome 
                measures that are referenced to outcomes for non-
                program participants with similar demographic 
                characteristics; and
                    ``(B) measures, consistent with the data elements 
                and definitions described in subsection (d)(1)(A), of--
                            ``(i) program completion, including an 
                        explicit definition of what constitutes a 
                        program completion within the proposal;
                            ``(ii) knowledge and skill attainment, 
                        including specification of instruments that 
                        will measure knowledge and skill attainment;
                            ``(iii) attainment of employment both prior 
                        to and subsequent to release;
                            ``(iv) success in employment indicated by 
                        job retention and advancement; and
                            ``(v) recidivism, including such 
                        subindicators as time before subsequent offense 
                        and severity of offense;
            ``(5) describes how the proposed programs are to be 
        integrated with existing State correctional education programs 
        (such as adult education, graduate education degree programs, 
        and vocational training) and State prison industry programs; 
        and
            ``(6) describes how the proposed programs will have 
        considered or will utilize technology to deliver the services 
        under this section.
    ``(d) Program Requirements.--Each State correctional education 
agency receiving a grant under this section shall--
            ``(1) annually report to the Secretary regarding--
                    ``(A) the results of the evaluations conducted 
                using data elements and definitions provided by the 
                Secretary for the use of State correctional education 
                programs;
                    ``(B) any objectives or requirements established by 
                the Secretary pursuant to subsection (b)(2);
                    ``(C) the additional performance objectives and 
                evaluation methods contained in the proposal described 
                in subsection (c)(4) as necessary to document the 
                attainment of project performance objectives; and
                    ``(D) how the funds provided under this section are 
                being allocated among postsecondary preparatory 
                education, postsecondary academic, and vocational 
                education programs; and
            ``(2) provide to each State for each student eligible under 
        subsection (e) not more than--
                    ``(A) $3,000 annually for tuition, books, and 
                essential materials; and
                    ``(B) $300 annually for related services such as 
                career development, substance abuse counseling, 
                parenting skills training, and health education.
    ``(e) Education Delivery Systems.--State correctional education 
agencies and cooperating institutions shall, to the extent practicable, 
use high-tech applications in developing programs to meet the 
requirements and goals of this section.
    ``(f) Length of Participation.--Services carried out with a grant 
under this section shall be available to incarcerated individuals as 
follows:
            ``(1) Educational services shall start during the period of 
        incarceration or prerelease and shall end upon release.
            ``(2) Related services shall start during the period of 
        incarceration or prerelease and may continue for not more than 
        one year after release.
    ``(g) Allocation of Funds.--From the funds appropriated pursuant to 
subsection (h) for each fiscal year, the Secretary shall allot to each 
State an amount that bears the same ratio to such funds as the total 
number of incarcerated individuals in such State bears to the total 
number of such incarcerated individuals in all States.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009 and each of the 4 succeeding fiscal years.''.

SEC. 942. UNDERGROUND RAILROAD.

    Section 841(c) of the Higher Education Amendments of 1998 (20 
U.S.C. 1153(c)) is amended by striking ``this section'' and all that 
follows through the period at the end and inserting ``this section 
$3,000,000 for fiscal years 2009 and the 4 succeeding fiscal years.''.

SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVISIONS.

    The following provisions of the Higher Education Amendments of 1998 
are repealed:
            (1) Study of market mechanisms in federal student loan 
        programs.--Section 801 (20 U.S.C. 1018 note).
            (2) Study of feasibility of alternate financial instruments 
        for determining lender yields.--Section 802.
            (3) Student related debt study.--Section 803 (20 U.S.C. 
        1015 note).
            (4) Community scholarship mobilization.--Part C of title 
        VIII (20 U.S.C. 1070 note).
            (5) Improving united states understanding of science, 
        engineering, and technology in east asia.--Part F of title VIII 
        (42 U.S.C. 1862 note).
            (6) Web-based education commission.--Part J of title VIII.

SEC. 944. OLYMPIC SCHOLARSHIPS.

    Section 1543(d) of the Higher Education Amendments of 1992 (20 
U.S.C. 1070 note) is amended by striking ``1999'' and inserting 
``2009''.

SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR INTERNATIONAL AND 
              FOREIGN LANGUAGE EDUCATION.

    (a) In General.--Section 202 of the Department of Education 
Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)--
            (1) in subparagraph (E) by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
            ``(F) an Assistant Secretary for International and Foreign 
        Language Education; and''.
    (b) Functions.--Such section is further amended by adding at the 
end the following:
    ``(j) The Assistant Secretary for International and Foreign 
Language Education--
            ``(1) shall be an individual with extensive background and 
        experience in international and foreign language education; and
            ``(2) notwithstanding any other provision of law, shall 
        report directly to the Secretary.''.
    (c) Conforming Amendment.--Such section is further amended in 
subsection (e)--
            (1) in paragraph (4), by adding ``and'' at the end;
            (2) in paragraph (5), by striking ``; and'' at the end and 
        inserting a period; and
            (3) by striking paragraph (6).
    (d) Office of International and Foreign Language Education.--Title 
II of the Department of Education Organization Act is amended by 
inserting after section 207 (20 U.S.C. 3417) the following:

        ``office of international and foreign language education

    ``Sec. 207A.  There shall be in the Department an Office of 
International and Foreign Language Education, to be administered by the 
Assistant Secretary for International and Foreign Language Education 
appointed under section 202(b). In addition to performing such 
functions affecting international and foreign language education as the 
Secretary may prescribe, the Assistant Secretary shall--
            ``(1) have responsibility for encouraging and promoting the 
        study of foreign languages and the study of cultures of other 
        countries at the elementary, secondary, and postsecondary 
        levels in the United States;
            ``(2) carry out the administration of all Department 
        programs on international and foreign language education and 
        research;
            ``(3) coordinate with related international and foreign 
        language education programs of other Federal departments and 
        agencies; and
            ``(4) administer and coordinate the Department of 
        Education's activities in international affairs.''.

                  PART D--JUSTICE DEPARTMENT PROGRAMS

SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

     ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

``SEC. 3111. GRANT AUTHORIZATION.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as prosecutors 
and public defenders.
    ``(b) Definitions.--In this section:
            ``(1) Prosecutor.--The term `prosecutor' means a full-time 
        employee of a State or local agency who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) prosecutes criminal or juvenile delinquency 
                cases (or both) at the State or local level, including 
                an employee who supervises, educates, or trains other 
                persons prosecuting such cases.
            ``(2) Public defender.--The term `public defender' means an 
        attorney who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) is--
                            ``(i) a full-time employee of a State or 
                        local agency who provides legal representation 
                        to indigent persons in criminal or juvenile 
                        delinquency cases (or both), including an 
                        attorney who supervises, educates, or trains 
                        other persons providing such representation;
                            ``(ii) a full-time employee of a nonprofit 
                        organization operating under a contract with a 
                        State or unit of local government, who devotes 
                        substantially all of such full-time employment 
                        to providing legal representation to indigent 
                        persons in criminal or juvenile delinquency 
                        cases (or both), including an attorney who 
                        supervises, educates, or trains other persons 
                        providing such representation; or
                            ``(iii) employed as a full-time Federal 
                        defender attorney in a defender organization 
                        established pursuant to subsection (g) of 
                        section 3006A of title 18, United States Code, 
                        that provides legal representation to indigent 
                        persons in criminal or juvenile delinquency 
                        cases (or both).
            ``(3) Student loan.--The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                part B of title IV of the Higher Education Act of 1965 
                (20 U.S.C. 1071 et seq.);
                    ``(B) a loan made under part D or E of title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1087a et 
                seq. and 1087aa et seq.); and
                    ``(C) a loan made under section 428C or 455(g) of 
                the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 
                1087e(g)) to the extent that such loan was used to 
                repay a Federal Direct Stafford Loan, a Federal Direct 
                Unsubsidized Stafford Loan, or a loan made under 
                section 428 or 428H of such Act.
    ``(c) Program Authorized.--The Attorney General shall, subject to 
the availability of appropriations, establish a program by which the 
Department of Justice shall assume the obligation to repay a student 
loan, by direct payments on behalf of a borrower to the holder of such 
loan, in accordance with subsection (d), for any borrower who--
            ``(1) is employed as a prosecutor or public defender; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Terms of Loan Repayment.--
            ``(1) Borrower agreement.--To be eligible to receive 
        repayment benefits under subsection (c), a borrower shall enter 
        into a written agreement with the Attorney General that 
        specifies that--
                    ``(A) the borrower will remain employed as a 
                prosecutor or public defender for a required period of 
                service of not less than 3 years, unless involuntarily 
                separated from that employment;
                    ``(B) if the borrower is involuntarily separated 
                from employment on account of misconduct, or 
                voluntarily separates from employment, before the end 
                of the period specified in the agreement, the borrower 
                will repay the Attorney General the amount of any 
                benefits received by such employee under this section; 
                and
                    ``(C) if the borrower is required to repay an 
                amount to the Attorney General under subparagraph (B) 
                and fails to repay such amount, a sum equal to that 
                amount shall be recoverable by the Federal Government 
                from the employee (or such employee's estate, if 
                applicable) by such methods as are provided by law for 
                the recovery of amounts owed to the Federal Government.
            ``(2) Repayment by borrower.--
                    ``(A) In general.--Any amount repaid by, or 
                recovered from, an individual or the estate of an 
                individual under this subsection shall be credited to 
                the appropriation account from which the amount 
                involved was originally paid.
                    ``(B) Merger.--Any amount credited under 
                subparagraph (A) shall be merged with other sums in 
                such account and shall be available for the same 
                purposes and period, and subject to the same 
                limitations, if any, as the sums with which the amount 
                was merged.
                    ``(C) Waiver.--The Attorney General may waive, in 
                whole or in part, a right of recovery under this 
                subsection if it is shown that recovery would be 
                against equity and good conscience or against the 
                public interest.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                repayments made by the Attorney General under this 
                section shall be made subject to the availability of 
                appropriations, and subject to such terms, limitations, 
                or conditions as may be mutually agreed upon by the 
                borrower and the Attorney General in an agreement under 
                paragraph (1), except that the amount paid by the 
                Attorney General under this section shall not exceed--
                            ``(i) $10,000 for any borrower in any 
                        calendar year; or
                            ``(ii) an aggregate total of $60,000 in the 
                        case of any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall authorize the Attorney General to pay any 
                amount to reimburse a borrower for any repayments made 
                by such borrower prior to the date on which the 
                Attorney General entered into an agreement with the 
                borrower under this subsection.
    ``(e) Additional Agreements.--
            ``(1) In general.--On completion of the required period of 
        service under an agreement under subsection (d), the borrower 
        and the Attorney General may, subject to paragraph (2), enter 
        into an additional agreement in accordance with subsection (d).
            ``(2) Term.--An agreement entered into under paragraph (1) 
        may require the borrower to remain employed as a prosecutor or 
        public defender for less than 3 years.
    ``(f) Award Basis; Priority.--
            ``(1) Award basis.--The Attorney General shall provide 
        repayment benefits under this section--
                    ``(A) subject to the availability of 
                appropriations; and
                    ``(B) in accordance with paragraph (2), except that 
                the Attorney General shall determine a fair allocation 
                of repayment benefits among prosecutors and defenders, 
                and among employing entities nationwide.
            ``(2) Priority.--In providing repayment benefits under this 
        section in any fiscal year, the Attorney General shall give 
        priority to borrowers--
                    ``(A) who, when compared to other eligible 
                borrowers, have the least ability to repay their 
                student loans (considering whether the borrower is the 
                beneficiary of any other student loan repayment 
                program), as determined by the Attorney General; or
                    ``(B) who--
                            ``(i) received repayment benefits under 
                        this section during the preceding fiscal year; 
                        and
                            ``(ii) have completed less than 3 years of 
                        the first required period of service specified 
                        for the borrower in an agreement entered into 
                        under subsection (d).
    ``(g) Regulations.--The Attorney General is authorized to issue 
such regulations as may be necessary to carry out the provisions of 
this section.
    ``(h) Report by Inspector General.--Not later than 3 years after 
the date of the enactment of this section, the Inspector General of the 
Department of Justice shall submit to Congress a report on--
            ``(1) the cost of the program authorized under this 
        section; and
            ``(2) the impact of such program on the hiring and 
        retention of prosecutors and public defenders.
    ``(i) GAO Study.--Not later than one year after the date of the 
enactment of this section, the Comptroller General shall conduct a 
study of, and report to Congress on, the impact that law school 
accreditation requirements and other factors have on the costs of law 
school and student access to law school, including the impact of such 
requirements on racial and ethnic minorities.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 2008 through 2013.''.

SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.

    (a) In General.--The Attorney General of the United States is 
authorized to make grants, through the Office of Community Oriented 
Policing Services, to establish and operate a National Center for 
Campus Public Safety (referred to in this section as the ``Center''). 
The Center shall--
            (1) provide quality education and training for campus 
        public safety agencies and the agencies' collaborative 
        partners, including campus mental health agencies;
            (2) foster quality research to strengthen the safety and 
        security of the institutions of higher education in the United 
        States;
            (3) serve as a clearinghouse for the identification and 
        dissemination of information, policies, procedures, and best 
        practices relevant to campus public safety, including off-
        campus housing safety, the prevention of violence against 
        persons and property and emergency response and evacuation 
        procedures;
            (4) develop protocols, in conjunction with the Attorney 
        General, the Secretary of Homeland Security, the Secretary of 
        Education, State, local, and tribal governments and law 
        enforcement agencies, private and nonprofit organizations and 
        associations, and other stakeholders, to prevent, protect 
        against, respond to, and recover from, natural and man-made 
        emergencies or dangerous situations involving an immediate 
        threat to the health or safety of the campus community;
            (5) promote the development and dissemination of effective 
        behavioral threat assessment and management models to prevent 
        campus violence;
            (6) coordinate campus safety information (including ways to 
        increase off-campus housing safety) and resources available 
        from the Department of Justice, the Department of Homeland 
        Security, the Department of Education, State, local, and tribal 
        governments and law enforcement agencies, and private and 
        nonprofit organizations and associations;
            (7) increase cooperation, collaboration, and consistency in 
        prevention, response, and problem-solving methods among law 
        enforcement, mental health, and other agencies and 
        jurisdictions serving institutions of higher education in the 
        United States;
            (8) develop standardized formats and models for mutual aid 
        agreements and memoranda of understanding between campus 
        security agencies and other public safety organizations and 
        mental health agencies; and
            (9) report annually to Congress and the Attorney General on 
        activities performed by the Center during the previous 12 
        months.
    (b) Coordination With Available Resources.--In establishing the 
Center, the Attorney General shall--
            (1) consult with the Secretary of Homeland Security, the 
        Secretary of Education, and the Attorneys General of each 
        State; and
            (2) coordinate the establishment and operation of the 
        Center with campus public safety resources that may already be 
        available within the Department of Homeland Security and the 
        Department of Education.
    (c) Definition of Institution of Higher Education.--In this 
section, the term ``institution of higher education'' has the meaning 
given the term in section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,750,000 for each of the 
fiscal years 2008 and 2009 and such sums as may be necessary 
thereafter.
    (e) Sense of the House of Representatives.--It is the sense of the 
House of Representatives that in order to increase awareness of the 
importance of student safety in off-campus housing that is located in 
the areas surrounding colleges and universities, the following should 
be encouraged:
            (1) The creation of chapters at colleges and universities 
        that aim to raise awareness of the issue of off-campus student 
        safety.
            (2) Public awareness on the benefits of security measures 
        that may increase the safety of students living in off-campus 
        housing.
            (3) Collaborative partnerships between Federal agencies, 
        local law enforcement agencies, non-profit organizations, 
        colleges and universities, and communities to disseminate 
        information and best practices related to off-campus housing 
        safety for students.

SEC. 953. PRIVATE LOAN FORGIVENESS.

    Notwithstanding any other provision of law--
            (1) a public or private institution of higher education may 
        provide an officer or employee of any branch of the United 
        States Government, of any independent agency of the United 
        States, or of the District of Columbia who is a current or 
        former student of such institution, financial assistance for 
        the purpose of repaying a student loan or providing forbearance 
        of student loan repayment: Provided, That such repaying or 
        providing forbearance is provided to any such officer or 
        employee in accordance with a written, published policy of the 
        institution relating to repaying or providing forbearance, 
        respectively, for students or former students who perform 
        public service; and
            (2) an officer or employee of any branch of the United 
        States Government, of any independent agency of the United 
        States, or of the District of Columbia may receive repayment or 
        forbearance permitted under paragraph (1).

       PART E--STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

SEC. 961. ESTABLISHMENT OF PROGRAM.

    Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3704) is amended by inserting the following after subsection 
(b):
    ``(c) Minority Serving Institution Digital and Wireless Technology 
Opportunity Program.--
            ``(1) In general.--The Secretary shall establish a Minority 
        Serving Institution Digital and Wireless Technology Opportunity 
        Program to assist eligible institutions in acquiring, and 
        augmenting their use of, digital and wireless networking 
        technologies to improve the quality and delivery of educational 
        services at eligible institutions.
            ``(2) Authorized activities.--An eligible institution may 
        use a grant, cooperative agreement, or contract awarded under 
        this subsection--
                    ``(A) to acquire equipment, instrumentation, 
                networking capability, hardware and software, digital 
                network technology, wireless technology, and 
                infrastructure to further the objective of the Program 
                described in paragraph (1);
                    ``(B) to develop and provide training, education, 
                and professional development programs, including 
                faculty development, to increase the use of, and 
                usefulness of, digital and wireless networking 
                technology;
                    ``(C) to provide teacher education, including the 
                provision of preservice teacher training and in-service 
                professional development at eligible institutions, 
                library and media specialist training, and preschool 
                and teacher aid certification to individuals who seek 
                to acquire or enhance technology skills in order to use 
                digital and wireless networking technology in the 
                classroom or instructional process, including 
                instruction in science, mathematics, engineering, and 
                technology subjects;
                    ``(D) to obtain capacity-building technical 
                assistance, including through remote technical support, 
                technical assistance workshops, and distance learning 
                services; and
                    ``(E) to foster the use of digital and wireless 
                networking technology to improve research and 
                education, including scientific, mathematics, 
                engineering, and technology instruction.
            ``(3) Application and review procedures.--
                    ``(A) In general.--To be eligible to receive a 
                grant, cooperative agreement, or contract under this 
                subsection, an eligible institution shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require. Such application, at a minimum, 
                shall include a description of how the funds will be 
                used, including a description of any digital and 
                wireless networking technology to be acquired, and a 
                description of how the institution will ensure that 
                digital and wireless networking will be made accessible 
                to, and employed by, students, faculty, and 
                administrators. The Secretary, consistent with 
                subparagraph (C) and in consultation with the advisory 
                council established under subparagraph (B), shall 
                establish procedures to review such applications. The 
                Secretary shall publish the application requirements 
                and review criteria in the Federal Register, along with 
                a statement describing the availability of funds.
                    ``(B) Advisory council.--The Secretary shall 
                establish an advisory council to advise the Secretary 
                on the best approaches to encourage maximum 
                participation by eligible institutions in the program 
                established under paragraph (1), and on the procedures 
                to review proposals submitted to the program. In 
                selecting the members of the advisory council, the 
                Secretary shall consult with representatives of 
                appropriate organizations, including representatives of 
                eligible institutions, to ensure that the membership of 
                the advisory council includes representatives of 
                minority businesses and eligible institution 
                communities. The Secretary shall also consult with 
                experts in digital and wireless networking technology 
                to ensure that such expertise is represented on the 
                advisory council.
                    ``(C) Review panels.--Each application submitted 
                under this subsection by an eligible institution shall 
                be reviewed by a panel of individuals selected by the 
                Secretary to judge the quality and merit of the 
                proposal, including the extent to which the eligible 
                institution can effectively and successfully utilize 
                the proposed grant, cooperative agreement, or contract 
                to carry out the program described in paragraph (1). 
                The Secretary shall ensure that the review panels 
                include representatives of minority serving 
                institutions and others who are knowledgeable about 
                eligible institutions and technology issues. The 
                Secretary shall ensure that no individual assigned 
                under this subsection to review any application has a 
                conflict of interest with regard to that application. 
                The Secretary shall take into consideration the 
                recommendations of the review panel in determining 
                whether to award a grant, cooperative agreement, or 
                contract to an eligible institution.
                    ``(D) Information dissemination.--The Secretary 
                shall convene an annual meeting of eligible 
                institutions receiving grants, cooperative agreements, 
                or contracts under this subsection to foster 
                collaboration and capacity-building activities among 
                eligible institutions.
                    ``(E) Matching requirement.--The Secretary may not 
                award a grant, cooperative agreement, or contract to an 
                eligible institution under this subsection unless such 
                institution agrees that, with respect to the costs 
                incurred by the institution in carrying out the program 
                for which the grant, cooperative agreement, or contract 
                was awarded, such institution shall make available, 
                directly, or through donations from public or private 
                entities, non-Federal contributions in an amount equal 
                to one-quarter of the grant, cooperative agreement, or 
                contract awarded by the Secretary, or $500,000, 
                whichever is the lesser amount. The Secretary shall 
                waive the matching requirement for any institution or 
                consortium with no endowment, or an endowment that has 
                a current dollar value lower than $50,000,000.
                    ``(F) Awards.--
                            ``(i) Limitation.--An eligible institution 
                        that receives a grant, cooperative agreement, 
                        or contract under this subsection that exceeds 
                        $2,500,000 shall not be eligible to receive 
                        another grant, cooperative agreement, or 
                        contract.
                            ``(ii) Consortia.--Grants, cooperative 
                        agreements, and contracts may only be awarded 
                        to eligible institutions. Eligible institutions 
                        may seek funding under this subsection for 
                        consortia which may include other eligible 
                        institutions, a State or a State education 
                        agency, local education agencies, institutions 
                        of higher education, community-based 
                        organizations, national nonprofit 
                        organizations, or businesses, including 
                        minority businesses.
                            ``(iii) Planning grants.--The Secretary may 
                        provide funds to develop strategic plans to 
                        implement such grants, cooperative agreements, 
                        or contracts.
                            ``(iv) Institutional diversity.--In 
                        awarding grants, cooperative agreements, and 
                        contracts to eligible institutions, the 
                        Secretary shall ensure, to the extent 
                        practicable, that awards are made to all types 
                        of institutions eligible for assistance under 
                        this subsection.
                            ``(v) Need.--In awarding funds under this 
                        subsection, the Secretary shall give priority 
                        to the institution with the greatest 
                        demonstrated need for assistance.
                    ``(G) Annual report and evaluation.--
                            ``(i) Annual report required from 
                        recipients.--Each institution that receives a 
                        grant, cooperative agreement, or contract 
                        awarded under this subsection shall provide an 
                        annual report to the Secretary on its use of 
                        the grant, cooperative agreement, or contract.
                            ``(ii) Independent assessment.--Not later 
                        than 6 months after the date of enactment of 
                        this subsection, the Secretary shall enter into 
                        a contract with the National Academy of Public 
                        Administration to conduct periodic assessments 
                        of the program. The Assessments shall be 
                        conducted once every 3 years during the 10-year 
                        period following the enactment of this 
                        subsection. The assessments shall include an 
                        evaluation of the effectiveness of the program 
                        in improving the education and training of 
                        students, faculty and staff at eligible 
                        institutions that have been awarded grants, 
                        cooperative agreements, or contracts under the 
                        program; an evaluation of the effectiveness of 
                        the program in improving access to, and 
                        familiarity with, digital and wireless 
                        networking technology for students, faculty, 
                        and staff at all eligible institutions; an 
                        evaluation of the procedures established under 
                        paragraph (3)(A); and recommendations for 
                        improving the program, including 
                        recommendations concerning the continuing need 
                        for Federal support. In carrying out its 
                        assessments, the National Academy of Public 
                        Administration shall review the reports 
                        submitted to the Secretary under clause (i).
                            ``(iii) Report to congress.--Upon 
                        completion of each independent assessment 
                        carried out under clause (ii), the Secretary 
                        shall transmit the assessment to Congress along 
                        with a summary of the Secretary's plans, if 
                        any, to implement the recommendations of the 
                        National Academy of Public Administration.
                    ``(H) Definitions.--In this subsection:
                            ``(i) Digital and wireless networking 
                        technology.--The term `digital and wireless 
                        networking technology' means computer and 
                        communications equipment and software that 
                        facilitates the transmission of information in 
                        a digital format.
                            ``(ii) Eligible institution.--The term 
                        `eligible institution' means an institution 
                        that is--
                                    ``(I) a historically Black college 
                                or university that is a part B 
                                institution, as defined in section 
                                322(2) of the Higher Education Act of 
                                1965 (20 U.S.C. 1061(2)), an 
                                institution described in section 
                                326(e)(1)(A), (B), or (C) of that Act 
                                (20 U.S.C. 1063b(e)(1)(A), (B), or 
                                (C)), or a consortium of institutions 
                                described in this subparagraph;
                                    ``(II) a Hispanic-serving 
                                institution, as defined in section 
                                502(a)(5) of the Higher Education Act 
                                of 1965 (20 U.S.C. 1101a(a)(5));
                                    ``(III) a tribally controlled 
                                college or university, as defined in 
                                section 316(b)(3) of the Higher 
                                Education Act of 1965 (20 U.S.C. 
                                1059c(b)(3));
                                    ``(IV) an Alaska Native-serving 
                                institution under section 317(b) of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1059d(b));
                                    ``(V) a Native Hawaiian-serving 
                                institution under section 317(b) of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1059d(b)); or
                                    ``(VI) an institution of higher 
                                education (as defined in section 365 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1067k)) with an enrollment of 
                                needy students (as defined in section 
                                312(d) of the Higher Education Act of 
                                1965 (20 U.S.C. 1058(d))).
                            ``(iii) Institution of higher education.--
                        The term `institution of higher education' has 
                        the meaning given the term in section 101 of 
                        the Higher Education Act of 1965 (20 U.S.C. 
                        1001).
                            ``(iv) Local educational agency.--The term 
                        `local educational agency' has the meaning 
                        given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
                            ``(v) Minority business.--The term 
                        `minority business' includes HUBZone small 
                        business concerns (as defined in section 3(p) 
                        of the Small Business Act (15 U.S.C. 632(p))).
                            ``(vi) Minority individual.--The term 
                        `minority individual' means an American Indian, 
                        Alaskan Native, Black (not of Hispanic origin), 
                        Hispanic (including persons of Mexican, Puerto 
                        Rican, Cuban and Central or South American 
                        origin), or Pacific Islander individual.
                            ``(vii) State.--The term `State' has the 
                        meaning given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
                            ``(viii) State educational agency.--The 
                        term `State educational agency' has the meaning 
                        given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).''.

SEC. 962. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce to carry out section 5(c) of the Stevenson-Wydler Technology 
Innovation Act of 1980--
            (1) $250,000,000 for fiscal year 2008; and
            (2) such sums as may be necessary for each of the fiscal 
        years 2009 through 2012.

       TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Private Student Loan Transparency 
and Improvement Act of 2008''.

SEC. 1002. DEFINITIONS.

    As used in this title--
            (1) the term ``Board'' means the Board of Governors of the 
        Federal Reserve System;
            (2) the term ``covered educational institution''--
                    (A) means any educational institution that offers a 
                postsecondary educational degree, certificate, or 
                program of study (including any institution of higher 
                education); and
                    (B) includes an agent or employee of the 
                educational institution;
            (3) the terms ``Federal banking agencies'' and 
        ``appropriate Federal banking agency'' have the same meanings 
        as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
        1813);
            (4) the term ``institution of higher education'' has the 
        same meaning as in section 102 of the Higher Education Act of 
        1965 (20 U.S.C. 1002);
            (5) the term ``postsecondary educational expenses'' means 
        any of the expenses that are included as part of the cost of 
        attendance of a student, as defined under section 472 of the 
        Higher Education Act of 1965 (20 U.S.C. 1087ll);
            (6) the term ``private educational lender'' means any 
        creditor (as defined in section 103 of the Truth in Lending 
        Act) which solicits, makes, or extends private educational 
        loans; and
            (7) the term ``private educational loan''--
                    (A) means a loan provided by a private educational 
                lender that--
                            (i) is not made, insured, or guaranteed 
                        under title IV of the Higher Education Act of 
                        1965 (20 U.S.C. 1070 et seq.); and
                            (ii) is issued by a private educational 
                        lender expressly for postsecondary educational 
                        expenses to a student, or the parent of the 
                        student, regardless of whether the loan 
                        involves enrollment certification by the 
                        educational institution that the student 
                        attends, or whether the loan is provided 
                        through the educational institution that the 
                        subject student attends or directly to the 
                        borrower from the lender; and
                    (B) does not include an extension of credit under 
                an open end consumer credit plan, a reverse mortgage 
                transaction, a residential mortgage transaction (as 
                those terms are defined in section 103 of the Truth in 
                Lending Act), or any other loan that is secured by real 
                property or a dwelling.

SEC. 1003. REGULATIONS.

    The Board shall issue final regulations to implement this title and 
the amendments made by this title not later than 180 days after the 
date of enactment of this title.

SEC. 1004. EFFECTIVE DATES.

    This title and the amendments made by this title shall become 
effective 180 days after the date on which regulations to carry out 
this title and the amendments made by this title are issued in final 
form.

Subtitle A--Preventing Unfair and Deceptive Private Educational Lending 
            Practices and Eliminating Conflicts of Interest

SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by adding at the end the following new 
section:
``Sec. 140. Preventing unfair and deceptive private educational lending 
              practices and eliminating conflicts of interest
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Covered educational institution.--The term `covered 
        educational institution'--
                    ``(A) means any educational institution that offers 
                a postsecondary educational degree, certificate, or 
                program of study (including any institution of higher 
                education); and
                    ``(B) includes an agent or employee of the 
                educational institution.
            ``(2) Gift.--The term `gift'--
                    ``(A) means any gratuity, favor, discount, 
                entertainment, hospitality, loan, or other item having 
                a monetary value of more than a de minimis amount, 
                including a gift of services, transportation, lodging, 
                or meals, whether provided in kind, by purchase of a 
                ticket, payment in advance, or reimbursement after the 
                expense has been incurred;
                    ``(B) does not include--
                            ``(i) standard material, activities, or 
                        programs on issues related to a loan, default 
                        aversion, default prevention, or financial 
                        literacy, such as a brochure, a workshop, or 
                        training;
                            ``(ii) food, refreshments, training, or 
                        informational material furnished to an employee 
                        or agent of a covered educational institution, 
                        as an integral part of a training session that 
                        is designed to improve the service of the 
                        private educational lender to the covered 
                        educational institution, if such training 
                        contributes to the professional development of 
                        the employee or agent of the covered 
                        educational institution;
                            ``(iii) favorable terms, conditions, and 
                        borrower benefits on an educational loan 
                        provided to a student employed by the covered 
                        educational institution if such terms, 
                        conditions, or benefits are comparable to those 
                        provided to all students of the institution;
                            ``(iv) the provision of financial literacy 
                        counseling or services to students or parents, 
                        including counseling or services provided in 
                        coordination with a covered educational 
                        institution, to the extent that such counseling 
                        or services--
                                    ``(I) are not undertaken to secure 
                                applications for private educational 
                                loans or to secure private educational 
                                loan volume;
                                    ``(II) are not undertaken to secure 
                                applications or loan volume for any 
                                loan made, insured, or guaranteed under 
                                part B of title IV of the Higher 
                                Education Act of 1965; and
                                    ``(III) do not promote the products 
                                or services of any private educational 
                                lender;
                            ``(v) philanthropic contributions to a 
                        covered institution from a private educational 
                        lender that are unrelated to educational loans, 
                        to the extent that such contributions are 
                        disclosed pursuant to paragraphs (1) and (2) of 
                        section 153(a) of the Higher Education Act of 
                        1965, if applicable; or
                            ``(vi) State education grants, 
                        scholarships, or financial aid funds 
                        administered by or on behalf of a State; and
                    ``(C) includes a gift to a family member of an 
                officer, employee, or agent of a covered institution, 
                or a gift to any other individual based on that 
                individual's relationship with the officer, employee, 
                or agent, if--
                            ``(i) the gift is given with the knowledge 
                        and acquiescence of the officer, employee, or 
                        agent; and
                            ``(ii) the officer, employee, or agent has 
                        reason to believe the gift was given because of 
                        the official position of the officer, employee, 
                        or agent.
            ``(3) Institution of higher education.--the term 
        `institution of higher education' has the same meaning as in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002).
            ``(4) Postsecondary educational expense.--The term 
        `postsecondary educational expenses' means any of the expenses 
        that are included as part of the cost of attendance of a 
        student, as defined under section 472 of the Higher Education 
        Act of 1965 (20 U.S.C. 1087ll).
            ``(5) Private educational lender.--The term `private 
        educational lender' means a creditor which solicits, makes, or 
        extends private educational loans.
            ``(6) Private educational loan.--The term `private 
        educational loan'--
                    ``(A) means a loan provided by a private 
                educational lender that--
                            ``(i) is not made, insured, or guaranteed 
                        under title IV of the Higher Education Act of 
                        1965 (20 U.S.C. 1070 et seq.); and
                            ``(ii) is issued by a private educational 
                        lender expressly for postsecondary educational 
                        expenses to a student, or the parent of the 
                        student, regardless of whether the loan 
                        involves enrollment certification by the 
                        educational institution that the student 
                        attends, or whether the loan is provided 
                        through the educational institution that the 
                        subject student attends or directly to the 
                        borrower from the lender; and
                    ``(B) does not include an extension of credit under 
                an open end consumer credit plan, a reverse mortgage 
                transaction, a residential mortgage transaction (as 
                those terms are defined in section 103 of the Truth in 
                Lending Act), or any other loan that is secured by real 
                property or a dwelling.
            ``(7) Revenue sharing.--the term `revenue sharing' means an 
        arrangement between a covered educational institution and a 
        private educational lender under which--
                    ``(A) a private educational lender provides or 
                issues private educational loans to students attending 
                the covered educational institution or to the parents 
                of such students;
                    ``(B) the covered educational institution 
                recommends to students or others the private 
                educational lender or the private educational loans of 
                the private educational lender; and
                    ``(C) the private educational lender pays a fee or 
                provides other material benefits, including profit or 
                revenue sharing, to the covered educational institution 
                or to the officers, employees, or agents of the covered 
                educational institution in connection with the private 
                educational loans provided to students attending the 
                covered educational institution or a borrower acting on 
                behalf of a student.
    ``(b) Prohibition on Certain Gifts and Arrangements.--A private 
educational lender, including any officer or employee thereof, may not, 
directly or indirectly--
            ``(1) offer or provide any gift to a covered educational 
        institution or a covered educational institution employee, nor 
        may such covered educational institution, officer, or employee 
        receive any such gift, in exchange for any advantage or 
        consideration provided to such private educational lender 
        related to its private educational loan activities; or
            ``(2) engage in revenue sharing with a covered educational 
        institution.
    ``(c) Prohibition on Co-Branding.--A private educational lender may 
not use the name, emblem, mascot, or logo of the covered educational 
institution, or other words, pictures, or symbols readily identified 
with the covered educational institution, in the marketing of private 
educational loans in any way that implies that the covered educational 
institution endorses the private educational loans offered by the 
lender.
    ``(d) Ban on Participation on Advisory Councils.--
            ``(1) In general.--An officer, employee, or agent who is 
        employed in the financial aid office of a covered institution, 
        or who otherwise has responsibilities with respect to private 
        educational loans, shall not serve on or otherwise participate 
        with advisory councils of private educational lenders or 
        affiliates of such lenders.
            ``(2) Rules of construction.--No provision of this 
        subsection shall be construed as--
                    ``(A) prohibiting private educational lenders from 
                seeking advice from covered institutions or groups of 
                covered institutions (including through telephonic or 
                electronic means, or a meeting) in order to improve 
                products and services for borrowers, to the extent that 
                no gifts or compensation (including for transportation, 
                lodging, or related expenses) are provided by private 
                educational lenders in connection with seeking this 
                advice from such institutions; or
                    ``(B) prohibiting an employee, officer, or agent of 
                a covered institution from serving on the board of 
                directors of a private educational lender, if required 
                by State law.
    ``(e) Prohibition on Prepayment or Repayment Fees or Penalty.--It 
shall be unlawful for any private educational lender to impose a fee or 
penalty on a borrower, directly or indirectly, for early repayment or 
prepayment, of any private educational loan.''.
    (b) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 139 the following new item:

``140. Preventing unfair and deceptive private educational lending 
                            practices and eliminating conflicts of 
                            interest.''.

SEC. 1012. CIVIL LIABILITY.

    Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``or section 
                128(e)(8)'' after ``section 125''; and
                    (B) in the fourth sentence of the undesignated 
                matter at the end--
                            (i) by striking ``125 or'' and inserting 
                        ``125,''; and
                            (ii) by inserting ``128(e)(8), or'' after 
                        ``125,''; and
            (2) in subsection (e), by inserting before the first 
        period, the following: ``or, in the case of a violation 
        involving a private educational loan, 1 year from the date on 
        which the first regular payment of principal is due under the 
        loan''.

     Subtitle B--Improved Disclosures for Private Educational Loans

SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND LIMITATIONS.

    Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended 
by adding at the end the following new subsection:
    ``(e) Terms and Disclosure With Respect to Private Educational 
Loans.--
            ``(1) Disclosures required in private educational loan 
        applications and solicitations.--In any application for a 
        private educational loan, or a solicitation for a private 
        educational loan without requiring an application, the creditor 
        shall disclose to the borrower, clearly and conspicuously--
                    ``(A) the potential range of rates of interest 
                applicable to the private educational loan;
                    ``(B) whether the rate of interest applicable to 
                the private educational loan is fixed or variable;
                    ``(C) limitations on interest rate adjustments, 
                both in terms of frequency and amount, or the lack 
                thereof;
                    ``(D) requirements for a co-borrower, including any 
                changes in the applicable interest rates without a co-
                borrower;
                    ``(E) potential finance charges, late fees, 
                penalties, and adjustments to principal, based on 
                defaults or late payments of the borrower;
                    ``(F) fees or range of fees applicable to the 
                private educational loan;
                    ``(G) the term of the private educational loan;
                    ``(H) whether interest will accrue while the 
                student to whom the private educational loan relates is 
                enrolled at an institution of higher education;
                    ``(I) payment deferral options, including whether 
                the deferment would apply to interest or principal, or 
                both;
                    ``(J) general eligibility criteria for the private 
                educational loan;
                    ``(K) an example of the total cost of the private 
                educational loan over the life of the loan--
                            ``(i) which shall be calculated using the 
                        principal amount and the maximum rate of 
                        interest actually offered by the creditor; and
                            ``(ii) calculated both with and without 
                        capitalization of interest, if that is an 
                        option for postponing interest payments;
                    ``(L) a statement that an institution of higher 
                education may have school-specific educational loan 
                benefits and terms not detailed on the disclosure form;
                    ``(M) that the borrower may qualify for Federal 
                financial assistance through a program under title IV 
                of the Higher Education Act of 1965, in lieu of, or in 
                addition to, a loan from a non-Federal source;
                    ``(N) the interest rates available with respect to 
                such Federal financial assistance through a program 
                under title IV of the Higher Education Act of 1965;
                    ``(O) that the consumer may obtain additional 
                information concerning such Federal financial 
                assistance from their institution of higher education 
                or at the website of the Department of Education;
                    ``(P) that, as provided in paragraph (6)--
                            ``(i) the borrower shall have up to 30 
                        calendar days following the date on which the 
                        application for the private educational loan is 
                        approved and the borrower receives the 
                        disclosure documents required under this 
                        subsection for the loan to accept the terms of 
                        the private educational loan and consummate the 
                        transaction; and
                            ``(ii) except for changes based on 
                        adjustments to the index used for a loan, the 
                        rates and terms of the loan may not be changed 
                        by the creditor during that 30-day period; and
                    ``(Q) such other information as the Board shall 
                prescribe, by rule, as necessary or appropriate for 
                consumers to make informed borrowing decisions.
            ``(2) Written acknowledgment of receipt.--In each case in 
        which a disclosure is provided pursuant to paragraph (1) and an 
        application initiated, a creditor shall obtain a written 
        acknowledgment from the consumer that the consumer has read and 
        understood the disclosure. The form of such written 
        acknowledgment shall be subject to the regulations of the 
        Board.
            ``(3) Disclosures at the time of private educational loan 
        approval.--Subject to the rules of the Board, contemporaneously 
        with the approval of a private educational loan application, 
        and before the loan transaction is consummated, the creditor 
        shall disclose to the borrower, clearly and conspicuously--
                    ``(A) the applicable rate of interest in effect on 
                the date of approval;
                    ``(B) whether the rate of interest applicable to 
                the private educational loan is fixed or variable;
                    ``(C) limitations on interest rate adjustments, 
                both in terms of frequency and amount, or the lack 
                thereof;
                    ``(D) the initial approved principal amount;
                    ``(E) applicable finance charges, late fees, 
                penalties, and adjustments to principal, based upon 
                borrower defaults or late payments;
                    ``(F) the maximum term under the private 
                educational loan program;
                    ``(G) an estimate of the total amount for 
                repayment, at both the interest rate in effect on the 
                date of approval and at the maximum possible rate of 
                interest actually offered by the creditor, to the 
                extent that such maximum rate may be determined, or if 
                not, a good faith estimate thereof;
                    ``(H) any principal and interest payments required 
                while the student to whom the private educational loan 
                relates is enrolled at an institution of higher 
                education and interest which will accrue during such 
                enrollment;
                    ``(I) payment deferral options, including whether 
                the deferment would apply to interest or principal, or 
                both;
                    ``(J) whether monthly payments are graduated;
                    ``(K) that, as provided in paragraph (7)--
                            ``(i) the borrower shall have up to 30 
                        calendar days following the date on which the 
                        application for the private educational loan is 
                        approved and the borrower receives the 
                        disclosure documents required under this 
                        subsection for the loan to accept the terms of 
                        the private educational loan and consummate the 
                        transaction; and
                            ``(ii) except for changes based on 
                        adjustments to the index used for a loan, the 
                        rates and terms of the loan may not be changed 
                        by the creditor during that 30-day period;
                    ``(L) that the borrower may qualify for Federal 
                financial assistance through a program under title IV 
                of the Higher Education Act of 1965, in lieu of, or in 
                addition to, a loan from a non-Federal source;
                    ``(M) the interest rates available with respect to 
                such Federal financial assistance through a program 
                under title IV of the Higher Education Act of 1965;
                    ``(N) the maximum monthly payment, calculated using 
                the maximum rate of interest actually offered by the 
                creditor, to the extent that such maximum rate may be 
                determined, or if not, a good faith estimate thereof; 
                and
                    ``(O) such other information as the Board shall 
                prescribe, by rule, as necessary or appropriate for 
                consumers to make informed borrowing decisions.
            ``(4) Institutional certification required.--Before a 
        creditor may issue any funds with respect to an extension of 
        credit described in paragraph (1), the creditor shall obtain 
        from the relevant institution of higher education such 
        institution's certification of--
                    ``(A) the enrollment status of the borrower;
                    ``(B) the borrower's cost of attendance at the 
                institution as determined by the institution under part 
                F of title IV of the Higher Education Act of 1965; and
                    ``(C) the difference between the borrower's cost of 
                attendance and the borrower's estimated financial 
                assistance received under title IV of the Higher 
                Education Act of 1965 and other assistance known to the 
                institution.
            ``(5) Disclosures at the time of private educational loan 
        consummation.--Subject to the regulations prescribed by the 
        Board, contemporaneously with the consummation of a private 
        educational loan, the creditor shall make each of the 
        disclosures described in subparagraphs (A) through (J) and (L) 
        through (O) of paragraph (3) to the borrower.
            ``(6) Format of disclosures.--Disclosures required under 
        paragraphs (1), (3), and (5) shall appear in a clearly legible, 
        uniform format, subject to section 122(c).
            ``(7) Effective period of approved rate of interest and 
        loan terms.--
                    ``(A) In general.--With respect to a private 
                educational loan, the borrower shall have the right to 
                accept the terms of the loan and consummate the 
                transaction at any time within 30 calendar days 
                following the date on which the application for the 
                private educational loan is approved and the borrower 
                receives the disclosure documents required under this 
                subsection for the loan, and the rates and terms of the 
                loan may not be changed by the creditor during that 
                period, subject to the rules of the Board.
                    ``(B) Prohibition on changes.--Except for changes 
                based on adjustments to the index used for a loan, the 
                rates and terms of the loan may not be changed by the 
                creditor prior to the earlier of--
                            ``(i) the date of acceptance of the terms 
                        of the loan and consummation of the transaction 
                        by the borrower, as described in subparagraph 
                        (A); or
                            ``(ii) the expiration of the 30-day period 
                        referred to in subparagraph (A).
                    ``(C) Prohibition on disbursement.--No funds may be 
                disbursed with respect to a private educational loan 
                until acceptance of the loan by the borrower under 
                subparagraph (A) and the expiration of the 3-day period 
                under paragraph (7).
            ``(8) Right to cancel.--With respect to a private 
        educational loan, the borrower may cancel the loan, without 
        penalty to the borrower, at any time within 3 business days of 
        the date on which the loan is consummated, subject to the rules 
        of the Board. No funds may be transferred to the borrower 
        during that 3-day period.
            ``(9) Provision of information.--On or before the date a 
        creditor issues any funds with respect to an extension of 
        credit described in paragraph (1), the creditor shall notify 
        the relevant institution of higher education, in writing, of 
        the amount of the extension of credit and the student on whose 
        behalf credit is extended. The form of such written 
        notification shall be subject to the regulations of the Board.
            ``(10) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Institution of higher education.--The term 
                `institution of higher education' has the same meaning 
                as in section 102 of the Higher Education Act of 1965 
                (20 U.S.C. 1002).
                    ``(B) Private educational lender.--The term 
                `private educational lender' means any creditor engaged 
                in the business of soliciting, making, or extending 
                private educational loans.
                    ``(C) Private educational loan.--The term `private 
                educational loan'--
                            ``(i) means a loan provided by a private 
                        educational lender that--
                                    ``(I) is not made, insured, or 
                                guaranteed under title IV of the Higher 
                                Education Act of 1965 (20 U.S.C. 1070 
                                et seq.); and
                                    ``(II) is issued by a private 
                                educational lender expressly for 
                                postsecondary educational expenses to a 
                                student, or the parent of the student, 
                                regardless of whether the loan involves 
                                enrollment certification by the 
                                educational institution that the 
                                student attends, or whether the loan is 
                                provided through the educational 
                                institution that the subject student 
                                attends or directly to the borrower 
                                from the lender; and
                            ``(ii) does not include an extension of 
                        credit under an open end consumer credit plan, 
                        a reverse mortgage transaction, a residential 
                        mortgage transaction (as those terms are 
                        defined in section 103 this Act), or any other 
                        loan that is secured by real property or a 
                        dwelling.''.

SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE 
              EDUCATIONAL LOANS.

    Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is 
amended by inserting ``and other than private educational loans (as 
that term is defined in section 140(a))'' after ``consumer''.

                     Subtitle C--Financial Literacy

SEC. 1031. COORDINATED EDUCATION EFFORTS.

    (a) In General.--The Secretary of the Treasury (in this section 
referred to as the ``Secretary''), in coordination with the Secretary 
of Education, the Secretary of Agriculture (with respect to land grant 
covered educational institutions), and any other appropriate agency 
that is a member of the Financial Literacy and Education Commission 
established under the Financial Literacy and Education Improvement Act 
(20 U.S.C. 9701 et seq.), shall seek to enhance financial literacy 
among students at institutions of higher education through--
            (1) the development of initiatives, programs, and curricula 
        that improve student awareness of the short- and long-term 
        costs associated with educational loans and other debt assumed 
        while in college, their repayment obligations, and their rights 
        as borrowers; and
            (2) assisting such students in navigating the financial aid 
        process.
    (b) Duties.--For purposes of this section, the Secretary, working 
in conjunction with the Secretary of Education, the Secretary of 
Agriculture, and the Financial Literacy and Education Commission, 
shall--
            (1) identify programs that promote or enhance financial 
        literacy for college students, with specific emphasis on 
        programs that impart the knowledge and ability for students to 
        best navigate the financial aid process, including those that 
        involve partnerships between nonprofit organizations, colleges 
        and universities, State and local governments, and student 
        organizations;
            (2) evaluate the effectiveness of such programs in terms of 
        measured results, including positive behavioral change among 
        college students;
            (3) promote the programs identified as being the most 
        effective; and
            (4) encourage institutions of higher education to implement 
        financial education programs for their students, including 
        those that have the highest evaluations.
    (c) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this title, the Financial Literacy and Education 
        Commission shall submit a report to Congress on the state of 
        financial education among students at institutions of higher 
        education.
            (2) Content.--The report required by this subsection shall 
        include a description of progress made in enhancing financial 
        education with respect to student understanding of financial 
        aid, including the programs and evaluations required by this 
        section.
            (3) Appearance before congress.--The Secretary shall, upon 
        request, provide testimony before the Committee on Banking, 
        Housing, and Urban Affairs of the Senate concerning the report 
        required by this subsection.

       Subtitle D--Study and Report on Nonindividual Information

SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.

    (a) Study.--The Comptroller General of the United States (in this 
section referred to as the ``Comptroller'') conduct a study--
            (1) on the impact on and benefits to borrowers of the 
        inclusion of nonindividual factors, including cohort default 
        rate, accreditation, and graduation rate at institutions of 
        higher education, used in the underwriting criteria to 
        determine the pricing of private educational loans;
            (2) to examine whether and to what extent the inclusion of 
        such nonindividual factors--
                    (A) increases access to private educational loans 
                for borrowers who lack credit history or results in 
                less favorable rates for such borrowers; and
                    (B) impacts the types of private educational loan 
                products and rates available at certain institutions of 
                higher education, including a comparison of such 
                impact--
                            (i) on private and public institutions; and
                            (ii) on historically Black colleges and 
                        universities (defined for purposes of this 
                        section as a ``part B institution'', within the 
                        meaning of section 322 of the Higher Education 
                        Act of 1965 (20 U.S.C. 1061)) and other 
                        colleges and universities; and
            (3) to assess the extent to which the use of such 
        nonindividual factors in underwriting may have a disparate 
        impact on the pricing of private educational loans, based on 
        gender, race, income level, and institution of higher 
        education.
    (b) Report.--Not later than 1 year after the date of enactment of 
this title, the Comptroller shall submit a report to Congress on the 
results of the study required by this section.

         Subtitle E--Incentives For Low-Cost Educational Loans

SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS.

    Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 
2903) is amended by adding at the end the following new subsection:
    ``(d) Low-Cost Educational Loans.--In assessing and taking into 
account, under subsection (a), the record of a financial institution, 
the appropriate Federal financial supervisory agency shall consider, as 
a factor, low-cost educational loans provided by the financial 
institution to low-income borrowers.''.

            Passed the House of Representatives February 7, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 4137

_______________________________________________________________________

                                 AN ACT

  To amend and extend the Higher Education Act of 1965, and for other 
                               purposes.