[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Enrolled Bill (ENR)]
H.R.4137
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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 ``Higher Education
Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. General effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definition of institution of higher education.
Sec. 102. Definition of institution of higher education for purposes of
title IV programs.
Sec. 103. Additional definitions.
Sec. 104. Protection of student speech and association rights.
Sec. 105. Treatment of territories and territorial student assistance.
Sec. 106. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 107. Drug and alcohol abuse prevention.
Sec. 108. Prior rights and obligations.
Sec. 109. Diploma mills.
Sec. 110. Improved information concerning the Federal student financial
aid website.
Sec. 111. Transparency in college tuition for consumers.
Sec. 112. Textbook information.
Sec. 113. Database of student information prohibited.
Sec. 114. In-State tuition rates for Armed Forces members, spouses, and
dependent children.
Sec. 115. State higher education information system pilot program.
Sec. 116. State commitment to affordable college education.
Sec. 117. Performance-based organization for the delivery of Federal
student financial assistance.
Sec. 118. Procurement flexibility.
Sec. 119. Certification regarding the use of certain Federal funds.
Sec. 120. Institution and lender reporting and disclosure requirements.
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality enhancement.
TITLE III--INSTITUTIONAL AID
Sec. 301. Program purpose.
Sec. 302. Definitions; eligibility.
Sec. 303. American Indian tribally controlled colleges and universities.
Sec. 304. Alaska Native and Native Hawaiian-serving institutions.
Sec. 305. Predominantly Black Institutions.
Sec. 306. Native American-serving, nontribal institutions.
Sec. 307. Assistance to Asian American and Native American Pacific
Islander-serving institutions.
Sec. 308. Part B definitions.
Sec. 309. Grants to institutions.
Sec. 310. Allotments.
Sec. 311. Professional or graduate institutions.
Sec. 312. Unexpended funds.
Sec. 313. Endowment Challenge Grants.
Sec. 314. Historically Black college and university capital financing.
Sec. 315. Programs in STEM fields.
Sec. 316. Investing in historically Black colleges and universities and
other minority-serving institutions.
Sec. 317. Technical assistance.
Sec. 318. Waiver authority.
Sec. 319. Authorization of appropriations.
Sec. 320. Technical corrections.
TITLE IV--STUDENT ASSISTANCE
PART A--Grants to Students in Attendance at Institutions of Higher
Education
Sec. 401. Federal Pell Grants.
Sec. 402. Academic competitiveness grants.
Sec. 403. Federal TRIO Programs.
Sec. 404. Gaining early awareness and readiness for undergraduate
programs.
Sec. 405. Academic Achievement Incentive Scholarships.
Sec. 406. Federal Supplemental Educational Opportunity Grants.
Sec. 407. Leveraging Educational Assistance Partnership program.
Sec. 408. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 409. Robert C. Byrd Honors Scholarship Program.
Sec. 410. Child care access means parents in school.
Sec. 411. Learning Anytime Anywhere Partnerships.
Sec. 412. TEACH Grants.
PART B--Federal Family Education Loan Program
Sec. 421. Limitations on amounts of loans covered by Federal insurance.
Sec. 422. Federal payments to reduce student interest costs.
Sec. 423. Voluntary flexible agreements.
Sec. 424. Federal PLUS loans.
Sec. 425. Federal consolidation loans.
Sec. 426. Default reduction program.
Sec. 427. Requirements for disbursement of student loans.
Sec. 428. Unsubsidized Stafford loan limits.
Sec. 429. Loan forgiveness for teachers employed by educational service
agencies.
Sec. 430. Loan forgiveness for service in areas of national need.
Sec. 431. Loan repayment for civil legal assistance attorneys.
Sec. 432. Reports to consumer reporting agencies and institutions of
higher education.
Sec. 433. Legal powers and responsibilities.
Sec. 434. Student loan information by eligible lenders.
Sec. 435. Consumer education information.
Sec. 436. Definitions of eligible institution and eligible lender.
Sec. 437. Discharge and cancellation rights in cases of disability.
Sec. 438. Conforming amendments for repeal of section 439.
PART C--Federal Work-Study Programs
Sec. 441. Authorization of appropriations.
Sec. 442. Allowance for books and supplies.
Sec. 443. Grants for Federal work-study programs.
Sec. 444. Flexible use of funds.
Sec. 445. Job location and development programs.
Sec. 446. Additional funds for off-campus community service.
Sec. 447. Work colleges.
PART D--Federal Direct Student Loan
Sec. 451. Terms and conditions of loans.
Sec. 452. Funds for administrative expenses.
Sec. 453. Guaranty agency responsibilities and payments; reports and
cost estimates.
Sec. 454. Loan cancellation for teachers.
PART E--Federal 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 Federal Perkins loans.
PART F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments.
Sec. 473. Definitions.
PART G--General Provisions Relating to Student Assistance
Sec. 481. Definitions.
Sec. 482. Master calendar.
Sec. 483. Improvements to paper and electronic forms and processes.
Sec. 484. Model institution financial aid offer form.
Sec. 485. Student eligibility.
Sec. 486. Statute of limitations and State court judgments.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
students.
Sec. 489. National Student Loan Data System.
Sec. 490. Early awareness of financial aid eligibility.
Sec. 491. Distance Education Demonstration Programs.
Sec. 492. Articulation agreements.
Sec. 493. Program participation agreements.
Sec. 494. Regulatory relief and improvement.
Sec. 494A. Transfer of allotments.
Sec. 494B. Purpose of administrative payments.
Sec. 494C. Advisory Committee on Student Financial Assistance.
Sec. 494D. Regional meetings and negotiated rulemaking.
Sec. 494E. Year 2000 requirements at the Department.
Sec. 494F. Technical amendment of income-based repayment.
PART H--Program Integrity
Sec. 495. Recognition of accrediting agency or association.
Sec. 496. Eligibility and certification procedures.
Sec. 497. Program review and data.
Sec. 498. Review of regulations.
PART I--Competitive Loan Auction Pilot Program
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Authorized activities.
Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.
Sec. 503. Applications.
Sec. 504. Cooperative arrangements.
Sec. 505. Authorization of appropriations.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Sec. 601. Findings; purposes; consultation; survey.
Sec. 602. Graduate and Undergraduate Language and Area Centers and
Programs.
Sec. 603. Language Resource Centers.
Sec. 604. Undergraduate International Studies and Foreign Language
Programs.
Sec. 605. Research; studies.
Sec. 606. Technological innovation and cooperation for foreign
information access.
Sec. 607. Selection of certain grant recipients.
Sec. 608. American overseas research centers.
Sec. 609. Authorization of appropriations for international and foreign
language studies.
Sec. 610. Conforming amendments.
Sec. 611. Business and international education programs.
Sec. 612. Minority foreign service professional development program.
Sec. 613. Institutional development.
Sec. 614. Study abroad program.
Sec. 615. Advanced degree in international relations.
Sec. 616. Internships.
Sec. 617. Financial assistance.
Sec. 618. Report.
Sec. 619. Gifts and donations.
Sec. 620. Authorization of appropriations for the Institute for
International Public Policy.
Sec. 621. Definitions.
Sec. 622. New provisions.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
Sec. 701. Purpose.
Sec. 702. Jacob K. Javits Fellowship program.
Sec. 703. Graduate assistance in areas of national need.
Sec. 704. Thurgood Marshall Legal educational opportunity program.
Sec. 705. Sense of Congress.
Sec. 706. Masters degree programs at historically Black colleges and
universities and Predominantly Black Institutions.
Sec. 707. Fund for the improvement of postsecondary education.
Sec. 708. Repeal of the urban community service program.
Sec. 709. Programs to provide students with disabilities with a quality
higher education.
Sec. 710. Subgrants to nonprofit organizations.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
Sec. 802. National Center for Research in Advanced Information and
Digital Technologies.
Sec. 803. 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. Cultural experiences grants.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Monitoring, evaluation, and reporting.
Sec. 908. Liaison for educational programs.
Sec. 909. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 910. Oversight and effect of agreements.
Sec. 911. International students.
Sec. 912. Research priorities.
Sec. 913. National study on the education of the deaf.
Sec. 914. Authorization of appropriations.
PART B--UNITED STATES INSTITUTE OF PEACE ACT
Sec. 921. United States Institute of Peace Act.
PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION
AMENDMENTS OF 1992
Sec. 931. Repeals.
Sec. 932. Grants to States for workplace and community transition
training for incarcerated individuals.
Sec. 933. Underground Railroad Educational and Cultural Program.
Sec. 934. Olympic Scholarships.
Sec. 935. Establishment of a Deputy Assistant Secretary for
International and Foreign Language Education.
PART D--TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER EDUCATION
subpart 1--tribal colleges and universities
Sec. 941. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978.
subpart 2--navajo higher education
Sec. 945. Short title.
Sec. 946. Reauthorization of Navajo Community College Act.
PART E--Omnibus Crime Control and Safe Streets Act of 1968
Sec. 951. Short title.
Sec. 952. Loan repayment for prosecutors and defenders.
PART F--Institutional Loan Repayment Assistance Programs
Sec. 961. Institutional loan forgiveness programs.
PART G--Minority Serving Institution Digital and Wireless Technology
Opportunity Program
Sec. 971. Minority Serving Institution Digital and Wireless Technology
Opportunity Program.
Sec. 972. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Regulations.
Sec. 1003. 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. 1012. Civil liability.
Sec. 1013. Clerical amendment.
Subtitle B--Improved Disclosures for Private Education Loans
Sec. 1021. Private education loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private education
loans.
Subtitle C--College Affordability
Sec. 1031. Community Reinvestment Act credit for low-cost loans.
Subtitle D--Financial Literacy; Studies and Reports
Sec. 1041. Definitions.
Sec. 1042. Coordinated education efforts.
TITLE XI--STUDIES AND REPORTS
Sec. 1101. Study on foreign graduate medical schools.
Sec. 1102. Employment of postsecondary education graduates.
Sec. 1103. Study on IPEDS.
Sec. 1104. Report and study on articulation agreements.
Sec. 1105. Report on proprietary institutions of higher education.
Sec. 1106. Analysis of Federal regulations on institutions of higher
education.
Sec. 1107. Independent evaluation of distance education programs.
Sec. 1108. Review of costs and benefits of environmental, health, and
safety standards.
Sec. 1109. Study of minority male academic achievement.
Sec. 1110. Study on bias in standardized tests.
Sec. 1111. Endowment report.
Sec. 1112. Study of correctional postsecondary education.
Sec. 1113. Study of aid to less-than-half-time students.
Sec. 1114. Study on regional sensitivity in the needs analysis formula.
Sec. 1115. Study of the impact of student loan debt on public service.
Sec. 1116. Study on teaching students with reading disabilities.
Sec. 1117. Report on income contingent repayment through the income tax
withholding system.
Sec. 1118. Developing additional measures of degree completion.
Sec. 1119. Study on the financial and compliance audits of the Federal
student loan program.
Sec. 1120. Summit on sustainability.
Sec. 1121. Nursing school capacity.
Sec. 1122. Study and report on nonindividual information.
Sec. 1123. Feasibility study for student loan clearinghouse.
Sec. 1124. Study on Department of Education oversight of incentive
compensation ban.
Sec. 1125. Definition of authorizing committees.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, 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.).
SEC. 3. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments made by
this Act, this Act and the amendments made by this Act shall take
effect on the date of enactment of this Act.
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
(a) Amendments.--Section 101 (20 U.S.C. 1001) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting before the semicolon the
following: ``, or persons who meet the requirements of section
484(d)(3)''; and
(B) in paragraph (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
(2) by striking paragraph (2) of subsection (b) 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 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on July 1, 2010.
SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR
PURPOSES OF TITLE IV PROGRAMS.
(a) International Medical Schools and Nursing Schools.--Section
102(a)(2) (20 U.S.C. 1002(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence of the matter preceding clause
(i), by inserting ``nursing school,'' after ``graduate medical
school,'';
(B) in clause (i)--
(i) in the matter preceding subclause (I), by inserting
``except as provided in subparagraph (B)(iii)(IV),'' before
``in the case''; and
(ii) by striking subclause (II) and inserting the
following new subclause:
``(II) the institution--
``(aa) has or had a clinical training program
that was approved by a State as of January 1, 1992;
and
``(bb) continues to operate a clinical training
program in at least one State that is approved by
that State;'';
(C) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following:
``(iii) in the case of a nursing school located outside
of the United States--
``(I) the nursing school has an agreement with a
hospital, or accredited school of nursing (as such
terms are defined in section 801 of the Public Health
Service Act (42 U.S.C. 296)), located in the United
States that requires the students of the nursing school
to complete the students' clinical training at such
hospital or accredited school of nursing;
``(II) the nursing school has an agreement with an
accredited school of nursing located in the United
States providing that the students graduating from the
nursing school located outside of the United States
also receive a degree from the accredited school of
nursing located in the United States;
``(III) the nursing school certifies only Federal
Stafford Loans under section 428, unsubsidized Federal
Stafford Loans under section 428H, or Federal PLUS
loans under section 428B for students attending the
institution;
``(IV) the nursing school reimburses the Secretary
for the cost of any loan defaults for current and
former students included in the calculation of the
institution's cohort default rate during the previous
fiscal year; and
``(V) not less than 75 percent of the individuals
who were students or graduates of the nursing school,
and who took the National Council Licensure Examination
for Registered Nurses in the year preceding the year
for which the institution is certifying a Federal
Stafford Loan under section 428, an unsubsidized
Federal Stafford Loan under section 428H, or a Federal
PLUS loan under section 428B, received a passing score
on such examination.''; and
(2) in subparagraph (B), by adding at the end the following:
``(iii) Report.--
``(I) In general.--Not later than 1 year after the
date of enactment of the Higher Education Opportunity
Act, the advisory panel described in clause (i) shall
submit a report to the Secretary and to the authorizing
committees recommending eligibility criteria for
participation in the loan programs under part B of
title IV for graduate medical schools that--
``(aa) are located outside of the United
States;
``(bb) do not meet the requirements of
subparagraph (A)(i); and
``(cc) have a clinical training program
approved by a State prior to January 1, 2008.
``(II) Recommendations.--In the report described in
subclause (I), the advisory panel's eligibility
criteria shall include recommendations regarding the
appropriate levels of performance for graduate medical
schools described in such subclause in the following
areas:
``(aa) Entrance requirements.
``(bb) Retention and graduation rates.
``(cc) Successful placement of students in
United States medical residency programs.
``(dd) Passage rate of students on the United
States Medical Licensing Examination.
``(ee) The extent to which State medical boards
have assessed the quality of such school's program
of instruction, including through on-site reviews.
``(ff) The extent to which graduates of such
schools would be unable to practice medicine in 1
or more States, based on the judgment of a State
medical board.
``(gg) Any areas recommended by the Comptroller
General of the United States under section 1101 of
the Higher Education Opportunity Act.
``(hh) Any additional areas the Secretary may
require.
``(III) Minimum eligibility requirement.--In the
recommendations described in subclause (II), the
criteria described in subparagraph (A)(i)(I)(bb), as
amended by section 102(b) of the Higher Education
Opportunity Act, shall be a minimum eligibility
requirement for a graduate medical school described in
subclause (I) to participate in the loan programs under
part B of title IV.
``(IV) Authority.--The Secretary may--
``(aa) not earlier than 180 days after the
submission of the report described in subclause
(I), issue proposed regulations establishing
criteria for the eligibility of graduate medical
schools described in such subclause to participate
in the loan programs under part B of title IV based
on the recommendations of such report; and
``(bb) not earlier than one year after the
issuance of proposed regulations under item (aa),
issue final regulations establishing such criteria
for eligibility.''.
(b) Percentage Pass Rate.--Section 102(a)(2)(A)(i)(I)(bb) (20
U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking ``60'' and
inserting ``75''.
(c) Conforming Amendment Concerning 90/10 Enforcement.--Section
102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) in subparagraph (D), by adding ``and'' after the semicolon;
(2) in subparagraph (E), by striking ``; and'' and inserting a
period; and
(3) by striking subparagraph (F).
(d) Additional Institutions.--
(1) Amendment.--Section 102 (20 U.S.C. 1002) is further
amended--
(A) in subsection (b)--
(i) by striking paragraph (1)(A) and inserting the
following:
``(A)(i) provides an eligible program of training to
prepare students for gainful employment in a recognized
occupation; or
``(ii)(I) provides a program leading to a baccalaureate
degree in liberal arts, and has provided such a program since
January 1, 2009; and
``(II) is accredited by a recognized regional accrediting
agency or association, and has continuously held such
accreditation since October 1, 2007, or earlier;''; and
(ii) by striking paragraph (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
(B) by striking paragraph (2) of subsection (c) 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.''.
(2) Rule of construction.--Nothing in the amendment made by
paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate
or supercede any State laws governing proprietary institutions of
higher education.
(e) Effective Date.--The amendments made by subsections (a)(1),
(b), and (d) shall take effect on July 1, 2010.
SEC. 103. ADDITIONAL DEFINITIONS.
(a) Additional Definitions.--
(1) Amendment.--Section 103 (20 U.S.C. 1003) is amended by
adding at the end the following:
``(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. 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) Distance education.--
``(A) In general.--Except as otherwise provided, the term
`distance education' means education that uses one 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 cassettes, DVDs, and CD-ROMs, if the
cassettes, DVDs, or CD-ROMs are used in a course in
conjunction with any of the technologies listed in clauses
(i) through (iii).
``(20) Diploma mill.--The term `diploma mill' means an entity
that--
``(A)(i) offers, for a fee, degrees, diplomas, or
certificates, that may be used to represent to the general
public that the individual possessing such a degree, diploma,
or certificate has completed a program of postsecondary
education or training; and
``(ii) requires such individual to complete little or no
education or coursework to obtain such degree, diploma, or
certificate; and
``(B) lacks accreditation by an accrediting agency or
association that is recognized as an accrediting agency or
association of institutions of higher education (as such term
is defined in section 102) by--
``(i) the Secretary pursuant to subpart 2 of part H of
title IV; or
``(ii) a Federal agency, State government, or other
organization or association that recognizes accrediting
agencies or associations.
``(21) 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.),
including a migrant or seasonal Head Start program, an Indian
Head Start program, or a Head Start program or an Early Head
Start program that also receives State funding;
``(B) a State licensed or regulated child care program; or
``(C) a program that--
``(i) serves children from birth through age six that
addresses the children's cognitive (including language,
early literacy, and early mathematics), social, emotional,
and physical development; and
``(ii) is--
``(I) a State prekindergarten program;
``(II) a program authorized under section 619 or
part C of the Individuals with Disabilities Education
Act; or
``(III) a program operated by a local educational
agency.
``(22) 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.
``(23) Universal design.--The term `universal design' has the
meaning given the term in section 3 of the Assistive Technology Act
of 1998 (29 U.S.C. 3002).
``(24) Universal design for learning.--The term `universal
design for learning' means a scientifically valid framework for
guiding educational practice that--
``(A) provides flexibility in the ways information is
presented, in the ways students respond or demonstrate
knowledge and skills, and in the ways students are engaged; and
``(B) reduces barriers in instruction, provides appropriate
accommodations, supports, and challenges, and maintains high
achievement expectations for all students, including students
with disabilities and students who are limited English
proficient.''.
(2) Redesignation and reordering of definitions.--Section 103
(as amended by paragraph (1)) (20 U.S.C. 1003) is further amended
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'';
(C) in subsection (j)(9)(A) (as added by section 5(a) of
the Ensuring Continued Access to Student Loans Act of 2008), by
striking ``Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and Labor of the
House of Representatives'' each place the term appears and
inserting ``authorizing committees''; and
(D) 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 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'';
(9) 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'';
(10) 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'';
(11) in section 485(f)(5)(A) (20 U.S.C. 1092(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'';
(12) in section 486(e) (20 U.S.C. 1093(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
(13) 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''.
SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112 (20 U.S.C. 1011a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``It is the sense''; and
(B) by adding at the end the following:
``(2) It is the sense of Congress that--
``(A) the diversity of institutions and educational missions is
one of the key strengths of American higher education;
``(B) individual institutions of higher education have
different missions and each institution should design its academic
program in accordance with its educational goals;
``(C) an institution of higher education should facilitate the
free and open exchange of ideas;
``(D) students should not be intimidated, harassed, discouraged
from speaking out, or discriminated against;
``(E) students should be treated equally and fairly; and
``(F) nothing in this paragraph shall be construed to modify,
change, or infringe upon any constitutionally protected religious
liberty, freedom, expression, or association.''; and
(2) in subsection (b)(1), by inserting ``, provided that the
imposition of such sanction is done objectively and fairly'' after
``higher education''.
SEC. 105. 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'';
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
SEC. 106. 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
institutions of higher education (as defined in section 102) under
title IV.
``(b) Membership.--
``(1) In general.--The Committee shall have 18 members, of
which--
``(A) six members shall be appointed by the Secretary;
``(B) six members shall be appointed by the Speaker of the
House of Representatives, three of whom shall be appointed on
the recommendation of the majority leader of the House of
Representatives, and three of whom shall be appointed on the
recommendation of the minority leader of the House of
Representatives; and
``(C) six members shall be appointed by the President pro
tempore of the Senate, three of whom shall be appointed on the
recommendation of the majority leader of the Senate, and three
of whom shall be appointed 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 six
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) three years for members appointed under paragraph
(1)(A);
``(B) four years for members appointed under paragraph
(1)(B); and
``(C) six 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; and
``(6) 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) Secretary's designee.--The Secretary shall designate an
employee of the Department to serve as the Secretary's designee to
the Committee, and the Chairperson shall invite the Secretary's
designee to attend all meetings of the Committee.
``(4) Federal advisory committee act.--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) 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 name of 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 the last day of each fiscal year,
the Committee shall make available 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 fiscal year preceding the fiscal year in which the
report is made;
``(B) a list of the date and location of each meeting
during the fiscal year preceding the fiscal year in which the
report is made;
``(C) a list of the members of the Committee; and
``(D) a list of the functions of the Committee, including
any additional functions established by the Secretary through
regulation.
``(f) Termination.--The Committee shall terminate on September 30,
2014.''.
(b) Transition.--Notwithstanding section 114 of the Higher
Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during,
and after the date of enactment of this Act)--
(1) the term of each member appointed to the National Advisory
Committee on Institutional Quality and Integrity before the date of
enactment of this Act shall expire on the date of enactment of this
Act;
(2) no new members shall be appointed to the National Advisory
Committee on Institutional Quality and Integrity during the period
beginning on the date of enactment of this Act and ending on
January 31, 2009; and
(3) no meeting of the National Advisory Committee on
Institutional Quality and Integrity shall be convened during such
period.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2009.
SEC. 107. 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) the following:
``(B) determine the number of drug and alcohol-related
violations and fatalities that--
``(i) occur on the institution's campus (as defined in
section 485(f)(6)), or as part of any of the institution's
activities; and
``(ii) are reported to campus officials;
``(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 violations and fatalities on
the institution's campus or as part of any of the institution's
activities; and'';
(2) in subsection (e)(5), by striking ``$5,000,000'' and all
that follows through the period at the end and inserting ``such
sums as may be necessary for fiscal year 2009 and each of the five
succeeding fiscal years.''; and
(3) by striking subsection (f).
SEC. 108. 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. 109. DIPLOMA MILLS.
Part B of title I (20 U.S.C. 1011 et seq.) is further amended by
adding at the end the following:
``SEC. 123. DIPLOMA MILLS.
``(a) Information to the Public.--The Secretary shall maintain
information and resources on the Department's website to assist
students, families, and employers in understanding what a diploma mill
is and how to identify and avoid diploma mills.
``(b) Collaboration.--The Secretary shall continue to collaborate
with the United States Postal Service, the Federal Trade Commission,
the Department of Justice (including the Federal Bureau of
Investigation), the Internal Revenue Service, and the Office of
Personnel Management to maximize Federal efforts to--
``(1) prevent, identify, and prosecute diploma mills; and
``(2) broadly disseminate to the public information about
diploma mills, and resources to identify diploma mills.''.
SEC. 110. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT
FINANCIAL AID WEBSITE.
(a) Promotion of 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 shall display a link to the
Federal student financial aid website of the Department in a prominent
place on the homepage of the Department's website.
``(e) Enhanced Student Financial Aid Information.--
``(1) Implementation.--The Secretary shall continue to improve
the usefulness and accessibility of the information provided by the
Department on college planning and student financial aid.
``(2) Dissemination.--The Secretary shall continue to make the
availability of the information on the Federal student financial
aid website of the Department widely known, through a major media
campaign and other forms of communication.
``(3) Coordination.--As a part of the efforts required under
this subsection, the Secretary shall create one website accessible
from the Department's website that fulfills the requirements under
subsections (b), (f), and (g).''.
(b) Improved Information Concerning Financial Aid for Military
Members and Veterans.--Section 131 (as amended by subsection (a)) (20
U.S.C. 1015) is further amended by adding at the end the following:
``(f) Improved Availability and Coordination of Information
Concerning Student Financial Aid Programs for Military Members and
Veterans.--
``(1) Coordination.--The Secretary, in coordination with the
Secretary of Defense and the Secretary of Veterans Affairs, shall
create a searchable website that--
``(A) contains information, in simple and understandable
terms, about all Federal and State student financial
assistance, readmission requirements under section 484C, and
other student services, for which members of the Armed Forces
(including members of the National Guard and Reserves),
veterans, and the dependents of such members or veterans may be
eligible; and
``(B) is easily accessible through the website described in
subsection (e)(3).
``(2) Implementation.--Not later than one year after the date
of enactment of the Higher Education Opportunity Act, the Secretary
shall make publicly available the Armed Forces information website
described in paragraph (1).
``(3) Dissemination.--The Secretary, in coordination with the
Secretary of Defense and the Secretary of Veterans Affairs, shall
make the availability of the Armed Forces information website
described in paragraph (1) widely known to members of the Armed
Forces (including members of the National Guard and Reserves),
veterans, the dependents of such members or veterans, States,
institutions of higher education, and the general public.
``(4) Definition.--In this subsection, the term `Federal and
State student financial assistance' means any grant, loan, work
assistance, tuition assistance, scholarship, fellowship, or other
form of financial aid for pursuing a postsecondary education that
is--
``(A) administered, sponsored, or supported by the
Department of Education, the Department of Defense, the
Department of Veterans Affairs, or a State; and
``(B) available to members of the Armed Forces (including
members of the National Guard and Reserves), veterans, or the
dependents of such members or veterans.
``(g) Promotion of Availability of Information Concerning Other
Student Financial Aid Programs.--
``(1) Definition.--For purposes of this subsection, the term
`nondepartmental 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 an institution of higher education; and
``(B) operated, sponsored, or supported by a Federal
department or agency other than the Department of Education.
``(2) Availability of other student financial aid
information.--The Secretary shall ensure that--
``(A) not later than 90 days after the Secretary receives
the information required under paragraph (3), the eligibility
requirements, application procedures, financial terms and
conditions, and other relevant information for each
nondepartmental student financial assistance program are
searchable and accessible through the Federal student financial
aid website in a manner that is simple and understandable for
students and the students' families; and
``(B) the website displaying the information described in
subparagraph (A) includes a link to the National Database on
Financial Assistance for the Study of Science, Technology,
Engineering, and Mathematics pursuant to paragraph (4), and the
information on military benefits under subsection (f), once
such Database and information are available.
``(3) Nondepartmental student financial assistance programs.--
The Secretary shall request all Federal departments and agencies to
provide the information described in paragraph (2)(A), and each
Federal department or agency shall--
``(A) promptly respond to surveys or other requests from
the Secretary for the information described in such paragraph;
and
``(B) identify for the Secretary any nondepartmental
student financial assistance program operated, sponsored, or
supported by such Federal department or agency.
``(4) National stem database.--
``(A) In general.--The Secretary shall establish and
maintain, on the website described in subsection (e)(3), a
National Database on Financial Assistance for the Study of
Science, Technology, Engineering, and Mathematics (in this
paragraph referred to as the `STEM Database'). The STEM
Database shall consist of information on scholarships,
fellowships, and other programs of Federal, State, local, and,
to the maximum extent practicable, private financial assistance
available for the study of science, technology, engineering, or
mathematics at the postsecondary and postbaccalaureate levels.
``(B) Database contents.--The information maintained on the
STEM Database shall be displayed on the website in the
following manner:
``(i) Separate information.--The STEM Database shall
provide separate information for each of the fields of
science, technology, engineering, and mathematics, and for
postsecondary and postbaccalaureate programs of financial
assistance.
``(ii) Information on targeted assistance.--The STEM
Database shall provide specific information on any program
of financial assistance that is targeted to individuals
based on financial need, merit, or student characteristics.
``(iii) Contact and website information.--The STEM
Database shall provide--
``(I) standard contact information that an
interested person may use to contact a sponsor of any
program of financial assistance included in the STEM
Database; and
``(II) if such sponsor maintains a public website,
a link to the website.
``(iv) Search and match capabilities.--The STEM
Database shall--
``(I) have a search capability that permits an
individual to search for information on the basis of
each category of the information provided through the
STEM Database and on the basis of combinations of
categories of the information provided, including--
``(aa) whether the financial assistance is
need- or merit-based; and
``(bb) by relevant academic majors; and
``(II) have a match capability that--
``(aa) searches the STEM Database for all
financial assistance opportunities for which an
individual may be qualified to apply, based on the
student characteristics provided by such
individual; and
``(bb) provides information to an individual
for only those opportunities for which such
individual is qualified, based on the student
characteristics provided by such individual.
``(v) Recommendation and disclaimer.--The STEM Database
shall provide, to the users of the STEM Database--
``(I) a recommendation that students and families
should carefully review all of the application
requirements prior to applying for any aid or program
of student financial assistance; and
``(II) a disclaimer that the non-Federal programs
of student financial assistance presented in the STEM
Database are not provided or endorsed by the Department
or the Federal Government.
``(C) Compilation of financial assistance information.--In
carrying out this paragraph, the Secretary shall--
``(i) consult with public and private sources of
scholarships, fellowships, and other programs of student
financial assistance; and
``(ii) make easily available a process for such
entities to provide regular and updated information about
the scholarships, fellowships, or other programs of student
financial assistance.
``(D) Contract authorized.--In carrying out the
requirements of this paragraph, the Secretary is authorized to
enter into a contract with a private entity with demonstrated
expertise in creating and maintaining databases such as the one
required under this paragraph, under which contract the entity
shall furnish, and regularly update, all of the information
required to be maintained on the STEM Database.
``(5) Dissemination of information.--The Secretary shall take
such actions, on an ongoing basis, as may be necessary to
disseminate information under this subsection and to encourage the
use of the information by interested parties, including sending
notices to secondary schools and institutions of higher
education.''.
(c) No User Fees for Department Financial Aid Websites.--Section
131 (as amended by subsection (b)) (20 U.S.C. 1015) is further amended
by adding at the end the following:
``(h) No User Fees for Department Financial Aid Websites.--No fee
shall be charged to any individual to access--
``(1) a database or website of the Department that provides
information about higher education programs or student financial
assistance, including the College Navigator website (or successor
website) and the websites and databases described in this section
and section 132; or
``(2) information about higher education programs or student
financial assistance available through a database or website of the
Department.''.
SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
Part C of title I (20 U.S.C. 1015) is amended by adding at the end
the following:
``SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) Definitions.--In this section:
``(1) College navigator website.--The term `College Navigator
website' means the College Navigator website operated by the
Department and includes any successor website.
``(2) Cost of attendance.--The term `cost of attendance' means
the average annual cost of tuition and fees, room and board, books,
supplies, and transportation for an institution of higher education
for a first-time, full-time undergraduate student enrolled in the
institution.
``(3) Net price.--The term `net price' means the average yearly
price actually charged to first-time, full-time undergraduate
students receiving student aid at an institution of higher
education after deducting such aid, which shall be determined by
calculating the difference between--
``(A) the institution's cost of attendance for the year for
which the determination is made; and
``(B) the quotient of--
``(i) the total amount of need-based grant aid and
merit-based grant aid, from Federal, State, and
institutional sources, provided to such students enrolled
in the institution for such year; and
``(ii) the total number of such students receiving such
need-based grant aid or merit-based grant aid for such
year.
``(4) Tuition and fees.--The term `tuition and fees' means the
average annual cost of tuition and fees for an institution of
higher education for first-time, full-time undergraduate students
enrolled in the institution.
``(b) Calculations for Public Institutions.--In making the
calculations regarding cost of attendance, net price, and tuition and
fees under this section with respect to a public institution of higher
education, the Secretary shall calculate the cost of attendance, net
price, and tuition and fees at such institution in the manner described
in subsection (a), except that--
``(1) the cost of attendance, net price, and tuition and fees
shall be calculated for first-time, full-time undergraduate
students enrolled in the institution who are residents of the State
in which such institution is located; and
``(2) in determining the net price, the average need-based
grant aid and merit-based grant aid described in subsection
(a)(3)(B) shall be calculated based on the average total amount of
such aid received by first-time, full-time undergraduate students
who are residents of the State in which such institution is
located, divided by the total number of such resident students
receiving such need-based grant aid or merit-based grant aid at
such institution.
``(c) College Affordability and Transparency Lists.--
``(1) Availability of lists.--Beginning July 1, 2011, the
Secretary shall make publicly available on the College Navigator
website, in a manner that is sortable and searchable by State, the
following:
``(A) A list of the five percent of institutions in each
category described in subsection (d) that have the highest
tuition and fees for the most recent academic year for which
data are available.
``(B) A list of the five percent of institutions in each
such category that have the highest net price for the most
recent academic year for which data are available.
``(C) A list of the five percent of institutions in each
such category that have the largest increase, expressed as a
percentage change, in tuition and fees over the most recent
three academic years for which data are available, using the
first academic year of the three-year period as the base year
to compute such percentage change.
``(D) A list of the five percent of institutions in each
such category that have the largest increase, expressed as a
percentage change, in net price over the most recent three
academic years for which data are available, using the first
academic year of the three-year period as the base year to
compute such percentage change.
``(E) A list of the ten percent of institutions in each
such category that have the lowest tuition and fees for the
most recent academic year for which data are available.
``(F) A list of the ten percent of institutions in each
such category that have the lowest net price for the most
recent academic year for which data are available.
``(2) Annual updates.--The Secretary shall annually update the
lists described in paragraph (1) on the College Navigator website.
``(d) Categories of Institutions.--The lists described in
subsection (c)(1) shall be compiled according to the following
categories of institutions that participate in programs under title IV:
``(1) Four-year public institutions of higher education.
``(2) Four-year private, nonprofit institutions of higher
education.
``(3) Four-year private, for-profit institutions of higher
education.
``(4) Two-year public institutions of higher education.
``(5) Two-year private, nonprofit institutions of higher
education.
``(6) Two-year private, for-profit institutions of higher
education.
``(7) Less than two-year public institutions of higher
education.
``(8) Less than two-year private, nonprofit institutions of
higher education.
``(9) Less than two-year private, for-profit institutions of
higher education.
``(e) Reports by Institutions.--
``(1) Report to secretary.--If an institution of higher
education is included on a list described in subparagraph (C) or
(D) of subsection (c)(1), the institution shall submit to the
Secretary a report containing the following information:
``(A) A description of the major areas in the institution's
budget with the greatest cost increases.
``(B) An explanation of the cost increases described in
subparagraph (A).
``(C) A description of the steps the institution will take
toward the goal of reducing costs in the areas described in
subparagraph (A).
``(D) In the case of an institution that is included on the
same list under subparagraph (C) or (D) of subsection (c)(1)
for two or more consecutive years, a description of the
progress made on the steps described in subparagraph (C) of
this paragraph that were included in the institution's report
for the previous year.
``(E) If the determination of any cost increase described
in subparagraph (A) is not within the exclusive control of the
institution--
``(i) an explanation of the extent to which the
institution participates in determining such cost increase;
``(ii) the identification of the agency or
instrumentality of State government responsible for
determining such cost increase; and
``(iii) any other information the institution considers
relevant to the report.
``(2) Information to the public.--The Secretary shall--
``(A) issue an annual report that summarizes all of the
reports by institutions required under paragraph (1) to the
authorizing committees; and
``(B) publish such report on the College Navigator website.
``(f) Exemptions.--
``(1) In general.--An institution shall not be placed on a list
described in subparagraph (C) or (D) of subsection (c)(1), and
shall not be subject to the reporting required under subsection
(e), if the dollar amount of the institution's increase in tuition
and fees, or net price, as applicable, is less than $600 for the
three-year period described in such subparagraph.
``(2) Update.--Beginning in 2014, and every three years
thereafter, the Secretary shall update the dollar amount described
in paragraph (1) based on annual increases in inflation, using the
Consumer Price Index for each of the three most recent preceding
years.
``(g) State Higher Education Spending Chart.--The Secretary shall
annually report on the College Navigator website, in charts for each
State, comparisons of--
``(1) the percentage change in spending by such State per full-
time equivalent student at all public institutions of higher
education in such State, for each of the five most recent preceding
academic years;
``(2) the percentage change in tuition and fees for such
students for all public institutions of higher education in such
State for each of the five most recent preceding academic years;
and
``(3) the percentage change in the total amount of need-based
aid and merit-based aid provided by such State to full-time
students enrolled in the public institutions of higher education in
the State for each of the five most recent preceding academic
years.
``(h) Net Price Calculator.--
``(1) Development of net price calculator.--Not later than one
year after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall, in consultation with
institutions of higher education and other appropriate experts,
develop a net price calculator to help current and prospective
students, families, and other consumers estimate the individual net
price of an institution of higher education for a student. The
calculator shall be developed in a manner that enables current and
prospective students, families, and consumers to determine an
estimate of a current or prospective student's individual net price
at a particular institution.
``(2) Calculation of individual net price.--For purposes of
this subsection, an individual net price of an institution of
higher education shall be calculated in the same manner as the net
price of such institution is calculated under subsection (a)(3),
except that the cost of attendance and the amount of need-based and
merit-based aid available shall be calculated for the individual
student as much as practicable.
``(3) Use of net price calculator by institutions.--Not later
than two years after the date on which the Secretary makes the
calculator developed under paragraph (1) available to institutions
of higher education, each institution of higher education that
receives Federal funds under title IV shall make publicly available
on the institution's website a net price calculator to help current
and prospective students, families, and other consumers estimate a
student's individual net price at such institution of higher
education. Such calculator may be a net price calculator
developed--
``(A) by the Department pursuant to paragraph (1); or
``(B) by the institution of higher education, if the
institution's calculator includes, at a minimum, the same data
elements included in the calculator developed under paragraph
(1).
``(4) Disclaimer.--Estimates of an individual net price
determined using a net price calculator required under paragraph
(3) shall be accompanied by a clear and conspicuous notice--
``(A) stating that the estimate--
``(i) does not represent a final determination, or
actual award, of financial assistance;
``(ii) shall not be binding on the Secretary, the
institution of higher education, or the State; and
``(iii) may change;
``(B) stating that the student must complete the Free
Application for Federal Student Aid described in section 483 in
order to be eligible for, and receive, an actual financial aid
award that includes Federal grant, loan, or work-study
assistance under title IV; and
``(C) including a link to the website of the Department
that allows students to access the Free Application for Federal
Student Aid described in section 483.
``(i) Consumer Information.--
``(1) Availability of title iv institution information.--Not
later than one year after the date of enactment of the Higher
Education Opportunity Act, the Secretary shall make publicly
available on the College Navigator website, in simple and
understandable terms, the following information about each
institution of higher education that participates in programs under
title IV, for the most recent academic year for which satisfactory
data are available:
``(A) A statement of the institution's mission.
``(B) The total number of undergraduate students who
applied to, were admitted by, and enrolled in the institution.
``(C) For institutions that require SAT or ACT scores to be
submitted, the reading, writing, mathematics, and combined
scores on the SAT or ACT, as applicable, for the middle 50
percent range of the institution's freshman class.
``(D) The number of first-time, full-time, and part-time
students enrolled at the institution, at the undergraduate and
(if applicable) graduate levels.
``(E) The number of degree- or certificate-seeking
undergraduate students enrolled at the institution who have
transferred from another institution.
``(F) The percentages of male and female undergraduate
students enrolled at the institution.
``(G) Of the first-time, full-time, degree- or certificate-
seeking undergraduate students enrolled at the institution--
``(i) the percentage of such students who are from the
State in which the institution is located;
``(ii) the percentage of such students who are from
other States; and
``(iii) the percentage of such students who are
international students.
``(H) The percentages of first-time, full-time, degree- or
certificate-seeking students enrolled at the institution,
disaggregated by race and ethnic background.
``(I) The percentage of undergraduate students enrolled at
the institution who are formally registered with the office of
disability services of the institution (or the equivalent
office) as students with disabilities, except that if such
percentage is three percent or less, the institution shall
report `three percent or less'.
``(J) The percentages of first-time, full-time, degree- or
certificate-seeking undergraduate students enrolled at the
institution who obtain a degree or certificate within--
``(i) the normal time for completion of, or graduation
from, the student's program;
``(ii) 150 percent of the normal time for completion
of, or graduation from, the student's program; and
``(iii) 200 percent of the normal time for completion
of, or graduation from, the student's program;
``(K) The number of certificates, associate degrees,
baccalaureate degrees, master's degrees, professional degrees,
and doctoral degrees awarded by the institution.
``(L) The undergraduate major areas of study at the
institution with the highest number of degrees awarded.
``(M) The student-faculty ratio, the number of full-time
and part-time faculty, and the number of graduate assistants
with primarily instructional responsibilities, at the
institution.
``(N)(i) The cost of attendance for first-time, full-time
undergraduate students enrolled in the institution who live on
campus;
``(ii) the cost of attendance for first-time, full-time
undergraduate students enrolled in the institution who live off
campus; and
``(iii) in the case of a public institution of higher
education and notwithstanding subsection (b)(1), the costs
described in clauses (i) and (ii), for--
``(I) first-time, full-time students enrolled in the
institution who are residents of the State in which the
institution is located; and
``(II) first-time, full-time students enrolled in the
institution who are not residents of such State.
``(O) The average annual grant amount (including Federal,
State, and institutional aid) awarded to a first-time, full-
time undergraduate student enrolled at the institution who
receives financial aid.
``(P) The average annual amount of Federal student loans
provided through the institution to undergraduate students
enrolled at the institution.
``(Q) The total annual grant aid awarded to undergraduate
students enrolled at the institution, from the Federal
Government, a State, the institution, and other sources known
by the institution.
``(R) The percentage of first-time, full-time undergraduate
students enrolled at the institution receiving Federal, State,
and institutional grants, student loans, and any other type of
student financial assistance known by the institution, provided
publicly or through the institution, such as Federal work-study
funds.
``(S) The number of students enrolled at the institution
receiving Federal Pell Grants.
``(T) The institution's cohort default rate, as defined
under section 435(m).
``(U) The information on campus safety required to be
collected under section 485(i).
``(V) A link to the institution's website that provides, in
an easily accessible manner, the following information:
``(i) Student activities offered by the institution.
``(ii) Services offered by the institution for
individuals with disabilities.
``(iii) Career and placement services offered by the
institution to students during and after enrollment.
``(iv) Policies of the institution related to transfer
of credit from other institutions.
``(W) A link to the appropriate section of the Bureau of
Labor Statistics website that provides information on regional
data on starting salaries in all major occupations.
``(X) Information required to be submitted under paragraph
(4) and a link to the institution pricing summary page
described in paragraph (5).
``(Y) In the case of an institution that was required to
submit a report under subsection (e)(1), a link to such report.
``(Z) The availability of alternative tuition plans, which
may include guaranteed tuition plans.
``(2) Annual updates.--The Secretary shall annually update the
information described in paragraph (1) on the College Navigator
website.
``(3) Consultation.--The Secretary shall regularly consult with
current and prospective college students, family members of such
students, institutions of higher education, and other experts to
improve the usefulness and relevance of the College Navigator
website, with respect to the presentation of the consumer
information collected in paragraph (1).
``(4) Data collection.--The Commissioner for Education
Statistics shall continue to update and improve the Integrated
Postsecondary Education Data System (referred to in this section as
`IPEDS'), including the reporting of information by institutions
and the timeliness of the data collected.
``(5) Institution pricing summary page.--
``(A) Availability of list of participating institutions.--
The Secretary shall make publicly available on the College
Navigator website in a sortable and searchable format a list of
all institutions of higher education that participate in
programs under title IV, which list shall, for each
institution, include the following:
``(i) The tuition and fees for each of the three most
recent academic years for which data are available.
``(ii) The net price for each of the three most recent
available academic years for which data are available.
``(iii)(I) During the period beginning July 1, 2010,
and ending June 30, 2013, the net price for students
receiving Federal student financial aid under title IV,
disaggregated by the income categories described in
paragraph (6), for the most recent academic year for which
data are available.
``(II) Beginning July 1, 2013, the net price for
students receiving Federal student financial aid under
title IV, disaggregated by the income categories described
in paragraph (6), for each of the three most recent
academic years for which data are available.
``(iv) The average annual percentage change and average
annual dollar change in such institution's tuition and fees
for each of the three most recent academic years for which
data are available.
``(v) The average annual percentage change and average
annual dollar change in such institution's net price for
each of the three most recent preceding academic years for
which data are available.
``(vi) A link to the webpage on the College Navigator
website that provides the information described in
paragraph (1) for the institution.
``(B) Annual updates.--The Secretary shall annually update
the lists described in subparagraph (A) on the College
Navigator website.
``(6) Income categories.--
``(A) In general.--For purposes of reporting the
information required under this subsection, the following
income categories shall apply for students who receive Federal
student financial aid under title IV:
``(i) $0-30,000.
``(ii) $30,001-48,000.
``(iii) $48,001-75,000.
``(iv) $75,001-110,000.
``(v) $110,001 and more.
``(B) Adjustment.--The Secretary may adjust the income
categories listed in subparagraph (A) using the Consumer Price
Index if the Secretary determines such adjustment is necessary.
``(j) Multi-Year Tuition Calculator.--
``(1) Development of multi-year tuition calculator.--Not later
than one year after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall, in consultation with
institutions of higher education, financial planners, and other
appropriate experts, develop a multi-year tuition calculator to
help current and prospective students, families of such students,
and other consumers estimate the amount of tuition an individual
may pay to attend an institution of higher education in future
years.
``(2) Calculation of multi-year tuition.--The multi-year
tuition calculator described in paragraph (1) shall--
``(A) allow an individual to select an institution of
higher education for which the calculation shall be made;
``(B) calculate an estimate of tuition and fees for each
year of the normal duration of the program of study at such
institution by--
``(i) using the tuition and fees for such institution,
as reported under subsection (i)(5)(A)(i), for the most
recent academic year for which such data are reported; and
``(ii) determining an estimated annual percentage
change for each year for which the calculation is made,
based on the annual percentage change in such institution's
tuition and fees, as reported under subsection
(i)(5)(A)(iv), for the most recent three-year period for
which such data are reported;
``(C) calculate an estimate of the total amount of tuition
and fees to complete a program of study at such institution,
based on the normal duration of such program, using the
estimate calculated under subparagraph (B) for each year of the
program of study;
``(D) provide the individual with the option to replace the
estimated annual percentage change described in subparagraph
(B)(ii) with an alternative annual percentage change specified
by the individual, and calculate an estimate of tuition and
fees for each year and an estimate of the total amount of
tuition and fees using the alternative percentage change;
``(E) in the case of an institution that offers a multi-
year tuition guarantee program, allow the individual to have
the estimates of tuition and fees described in subparagraphs
(B) and (C) calculated based on the provisions of such
guarantee program for the tuition and fees charged to a
student, or cohort of students, enrolled for the duration of
the program of study; and
``(F) include any other features or information determined
to be appropriate by the Secretary.
``(3) Availability and comparison.--The multi-year tuition
calculator described in paragraph (1) shall be available on the
College Navigator website and shall allow current and prospective
students, families of such students, and consumers to compare
information and estimates under this subsection for multiple
institutions of higher education.
``(4) Disclaimer.--Each calculation of estimated tuition and
fees made using the multi-year tuition calculator described in
paragraph (1) shall be accompanied by a clear and conspicuous
notice--
``(A) stating that the calculation--
``(i) is only an estimate and not a guarantee of the
actual amount the student may be charged;
``(ii) is not binding on the Secretary, the institution
of higher education, or the State; and
``(iii) may change, subject to the availability of
financial assistance, State appropriations, and other
factors;
``(B) stating that the student must complete the Free
Application for Federal Student Aid described in section 483 in
order to be eligible for, and receive, an actual financial aid
award that includes Federal grant, loan, or work-study
assistance under title IV; and
``(C) including a link to the website of the Department
that allows students to access the Free Application for Federal
Student Aid described in section 483.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary, acting through the
Commissioner for Education Statistics, shall conduct, on a State-
by-State basis, a survey of recipients of Federal student financial
aid under title IV--
``(A) to identify the population of students receiving such
Federal student financial aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of recipients of such Federal
student financial aid;
``(C) to describe the combinations of aid from Federal,
State, and private sources received by such recipients from all
income categories;
``(D) to describe the--
``(i) debt burden of such loan recipients, and their
capacity to repay their education debts; and
``(ii) the impact of such debt burden on the
recipients' course of study and post-graduation plans;
``(E) to describe the impact of the cost of attendance of
postsecondary education in the determination by students of
what institution of higher education to attend; and
``(F) to describe how the costs of textbooks and other
instructional materials affect the costs of postsecondary
education for students.
``(2) Frequency.--The survey shall be conducted on a regular
cycle and not less often than once every four years.
``(3) Survey design.--The survey shall be representative of
students from all types of institutions, including full-time and
part-time students, undergraduate, graduate, and professional
students, and current and former students.
``(4) Dissemination.--The Commissioner for Education Statistics
shall disseminate to the public, in printed and electronic form,
the information resulting from the survey.
``(l) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out this section.''.
SEC. 112. TEXTBOOK INFORMATION.
(a) Amendment.--Part C of title I (20 U.S.C. 1015) is further
amended by adding after section 132 (as added by section 111 of this
Act) the following new section:
``SEC. 133. TEXTBOOK INFORMATION.
``(a) Purpose and Intent.--The purpose of this section is to ensure
that students have access to affordable course materials by decreasing
costs to students and enhancing transparency and disclosure with
respect to the selection, purchase, sale, and use of course materials.
It is the intent of this section to encourage all of the involved
parties, including faculty, students, administrators, institutions of
higher education, bookstores, distributors, and publishers, to work
together to identify ways to decrease the cost of college textbooks and
supplemental materials for students while supporting the academic
freedom of faculty members to select high quality course materials for
students.
``(b) Definitions.--In this section:
``(1) Bundle.--The term `bundle' means one or more college
textbooks or other supplemental 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 by a
publisher 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--
``(A) 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; or
``(B) combined with other materials that are so
interrelated with the content of the college textbook that the
separation of the college textbook from the other materials
would render the college textbook unusable for its intended
purpose.
``(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, new
material covering 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 that--
``(A) may include printed materials, computer disks,
website access, and electronically distributed materials; and
``(B) is not being used as a component of 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 receiving Federal financial assistance 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 and, if available, the price at
which the publisher makes the college textbook or supplemental
material available to the public.
``(B) The copyright dates of the three previous editions of
such college textbook, if any.
``(C) A description of the substantial content revisions
made between the current edition of the college textbook or
supplemental material and the previous edition, if any.
``(D)(i) Whether the college textbook or supplemental
material is available in any other format, including paperback
and unbound; and
``(ii) for each other format of the college textbook or
supplemental material, 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
and, if available, the price at which the publisher makes such
other format of the college textbook or supplemental material
available to the public.
``(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, a
publisher 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.--To the maximum extent practicable, each institution of
higher education receiving Federal financial assistance shall--
``(1) disclose, on the institution's Internet course schedule
and in a manner of the institution's choosing, the International
Standard Book Number and retail price information of required and
recommended college textbooks and supplemental materials for each
course listed in the institution's course schedule used for
preregistration and registration purposes, except that--
``(A) if the International Standard Book Number is not
available for such college textbook or supplemental material,
then the institution shall include in the Internet course
schedule the author, title, publisher, and copyright date for
such college textbook or supplemental material; and
``(B) if the institution determines that the disclosure of
the information described in this subsection is not practicable
for a college textbook or supplemental material, then the
institution shall so indicate by placing the designation `To Be
Determined' in lieu of the information required under this
subsection; and
``(2) if applicable, include on the institution's written
course schedule a notice that textbook information is available on
the institution's Internet course schedule, and the Internet
address for such schedule.
``(e) Availability of Information for College Bookstores.--An
institution of higher education receiving Federal financial assistance
shall make available to a college bookstore that is operated by, or in
a contractual relationship or otherwise affiliated with, the
institution, as soon as is practicable upon the request of such 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) Additional Information.--An institution disclosing the
information required by subsection (d)(1) is encouraged to disseminate
to students information regarding--
``(1) available institutional programs for renting textbooks or
for purchasing used textbooks;
``(2) available institutional guaranteed textbook buy-back
programs;
``(3) available institutional alternative content delivery
programs; or
``(4) other available institutional cost-saving strategies.
``(g) GAO Report.--Not later than July 1, 2013, the Comptroller
General of the United States shall report to the authorizing committees
on the implementation of this section by institutions of higher
education, college bookstores, and publishers. The report shall
particularly examine--
``(1) the availability of college textbook information on
course schedules;
``(2) the provision of pricing information to faculty of
institutions of higher education by publishers;
``(3) the use of bundled and unbundled material in the college
textbook marketplace, including the adoption of unbundled materials
by faculty and the use of integrated textbooks by publishers; and
``(4) the implementation of this section by institutions of
higher education, including the costs and benefits to such
institutions and to students.
``(h) 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,
supplemental materials, and other classroom materials.
``(i) No Regulatory Authority.--The Secretary shall not promulgate
regulations with respect to this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2010.
SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 133 (as added by section 112 of this Act) the following:
``SEC. 134. DATABASE OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in subsection (b), nothing
in this Act shall be construed to authorize the development,
implementation, or maintenance of 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--
``(1) is necessary for the operation of programs authorized by
title II, IV, or VII; and
``(2) was in use by the Secretary, directly or through a
contractor, as of the day before the date of enactment of the
Higher Education Opportunity Act.
``(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. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, SPOUSES,
AND DEPENDENT CHILDREN.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 134 (as added by section 113 of this Act) the following:
``SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES
ON ACTIVE DUTY, SPOUSES, AND DEPENDENT CHILDREN.
``(a) Requirement.--In the case of a member of the armed forces who
is on active duty for a period of more than 30 days and whose domicile
or permanent duty station is in a State that receives assistance under
this Act, such State shall not charge such member (or the spouse or
dependent child of such member) tuition for attendance at a public
institution of higher education in the State at a rate that is greater
than the rate charged for residents of the State.
``(b) Continuation.--If a member of the armed forces (or the spouse
or dependent child of a member) pays tuition at a public institution of
higher education in a State at a rate determined by subsection (a), the
provisions of subsection (a) shall continue to apply to such member,
spouse, 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 that receives
assistance under this Act for the first period of enrollment at such
institution that begins after July 1, 2009.
``(d) Definitions.--In this section, 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. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
Part C of title I of the Higher Education Act of 1965 (20 U.S.C.
1015) is further amended by adding after section 135 (as added by
section 114 of this Act) the following:
``SEC. 136. 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 five 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 five eligible entities to
enable the eligible entities to--
``(A) design, test, and implement systems of postsecondary
student data 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 three 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 may reasonably require, 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 section 444 of the General
Education Provisions Act (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 three-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 a State;
``(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; and
``(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
the reporting system for different types of institutions; and
``(5) test the feasibility of protocols and standards for
maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than six 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 five succeeding fiscal years.''.
SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 136 (as added by section 115 of this Act) the following
new section:
``SEC. 137. 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 five 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 five most recent preceding academic years for which
satisfactory data are available.
``(b) Adjustments for Biennial Appropriations.--The Secretary shall
take into consideration any adjustments to the calculations under
subsection (a) that may be required to accurately reflect funding
levels for postsecondary education in States with biennial
appropriation cycles.
``(c) 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.
``(d) 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 (c) any amount that would otherwise be available to the
State under section 781 until such State has made significant efforts
to correct such violation.''.
SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF
FEDERAL STUDENT FINANCIAL ASSISTANCE.
Section 141 (20 U.S.C. 1018) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``operational'' and
inserting ``administrative and oversight''; and
(B) in paragraph (2)(D), by striking ``of the operational
functions'' and inserting ``and administration'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``the information
systems administered by the PBO, and other functions
performed by the PBO'' and inserting ``the Federal student
financial assistance programs authorized under title IV'';
and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) assist the Chief Operating Officer in identifying
goals for--
``(i) the administration of the systems used to
administer the Federal student financial assistance
programs authorized under title IV; and
``(ii) the updating of such systems to current
technology.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``administration of the information
and financial systems that support'' and inserting
``the administration of Federal''; and
(II) by striking ``this title'' and inserting
``title IV'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``of the delivery system for Federal student
assistance'' and inserting ``for the Federal student
financial assistance programs authorized under title
IV'';
(II) by striking clauses (i) and (ii) and inserting
the following:
``(i) the collection, processing, and transmission of
data to students, institutions, lenders, State agencies,
and other authorized parties;
``(ii) the design and technical specifications for
software development and procurement for systems supporting
the Federal student financial assistance programs
authorized under title IV;'';
(III) in clause (iii), by striking ``delivery'' and
inserting ``administration'';
(IV) in clause (iv)--
(aa) by inserting ``the Federal'' after
``supporting'';
(bb) by striking ``under this title'' and
inserting ``authorized under title IV''; and
(cc) by striking ``and'' after the semicolon;
(V) in clause (v), by striking ``systems that
support those programs.'' and inserting ``the
administration of the Federal student financial
assistance programs authorized under title IV; and'';
and
(VI) by adding at the end the following:
``(vi) ensuring the integrity of the Federal student
financial assistance programs authorized under title IV.'';
and
(iii) in subparagraph (B), by striking ``operations and
services'' and inserting ``activities and functions''; and
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Performance
Plan and Report'' and inserting ``Performance Plan, Report, and
Briefing'';
(B) in paragraph (1)(C)--
(i) by striking ``this title'' each place the term
appears and inserting ``under title IV'';
(ii) in clause (iii), by striking ``information and
delivery''; and
(iii) in clause (iv)--
(I) by striking ``Developing an'' and inserting
``Developing''; and
(II) by striking ``delivery and information
system'' and inserting ``systems'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``the'' after
``PBO and''; and
(ii) in subparagraph (B), by striking ``Officer'' and
inserting ``Officers'';
(D) in paragraph (3), by inserting ``students,'' after
``consult with''; and
(E) by adding at the end the following:
``(4) Briefing on enforcement of student loan provisions.--The
Secretary shall, upon request, provide a briefing to the members of
the authorizing committees on the steps the Department has taken to
ensure--
``(A) the integrity of the student loan programs; and
``(B) that lenders and guaranty agencies are adhering to
the requirements of title IV.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking the second sentence; and
(B) in paragraph (5)--
(i) in subparagraph (B), by striking ``paragraph (2)''
and inserting ``paragraph (4)''; and
(ii) in subparagraph (C), by striking ``this'';
(5) in subsection (f)--
(A) in paragraph (2), by striking ``to borrowers'' and
inserting ``to students, borrowers,''; and
(B) in paragraph (3)(A), by striking ``(1)(A)'' and
inserting ``(1)'';
(6) in subsection (g)(3), by striking ``not more than 25'';
(7) in subsection (h), by striking ``organizational
effectiveness'' and inserting ``effectiveness'';
(8) by striking subsection (i);
(9) by redesignating subsection (j) as subsection (i); and
(10) in subsection (i) (as redesignated by paragraph (9)), by
striking ``, including transition costs''.
SEC. 118. PROCUREMENT FLEXIBILITY.
Section 142 (20 U.S.C. 1018a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for information systems supporting
the programs authorized under title IV''; and
(ii) by striking ``and'' after the semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) through the Chief Operating Officer--
``(A) to the maximum extent practicable, utilize
procurement systems that streamline operations, improve
internal controls, and enhance management; and
``(B) assess the efficiency of such systems and assess such
systems' ability to meet PBO requirements.'';
(2) by striking subsection (c)(2) and inserting the following:
``(2) Fee for service arrangements.--The Chief Operating
Officer shall, when appropriate and consistent with the purposes of
the PBO, acquire services related to the functions set forth in
section 141(b)(2) from any entity that has the capability and
capacity to meet the requirements set by the PBO. The Chief
Operating Officer is authorized to pay fees that are equivalent to
those paid by other entities to an organization that provides
services that meet the requirements of the PBO, as determined by
the Chief Operating Officer.'';
(3) in subsection (d)(2)(B), by striking ``on Federal
Government contracts'';
(4) in subsection (g)--
(A) in paragraph (4)(A)--
(i) in the subparagraph heading, by striking ``Sole
source.--'' and inserting ``Single-source basis.--''; and
(ii) by striking ``sole-source'' and inserting
``single-source''; and
(B) in paragraph (7), by striking ``sole-source'' and
inserting ``single-source'';
(5) in subsection (h)(2)(A), by striking ``sole-source'' and
inserting ``single-source''; and
(6) in subsection (l), by striking paragraph (3) and inserting
the following:
``(3) Single-source basis.--The term `single-source basis',
with respect to an award of a contract, means that the contract is
awarded to a source after soliciting an offer or offers from, and
negotiating with, only such source (although such source is not the
only source in the marketplace capable of meeting the need) because
such source is the most advantageous source for purposes of the
award.''.
SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.
(a) Prohibition.--No Federal funds received under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution of
higher education or other postsecondary educational institution may be
used to pay any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with any Federal action described in subsection (b).
(b) Applicability.--The prohibition in subsection (a) applies with
respect to the following Federal actions:
(1) The awarding of any Federal contract.
(2) The making of any Federal grant.
(3) The making of any Federal loan.
(4) The entering into of any Federal cooperative agreement.
(5) The extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
(c) Lobbying and Earmarks.--No Federal student aid funding under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) may be used
to hire a registered lobbyist or pay any person or entity for securing
an earmark.
(d) Certification.--Each institution of higher education or other
postsecondary educational institution receiving Federal funding under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a
condition for receiving such funding, shall annually certify to the
Secretary of Education that the requirements of subsections (a) through
(c) have been met.
(e) Actions To Implement and Enforce.--The Secretary of Education
shall take such actions as are necessary to ensure that the provisions
of this section are implemented and enforced.
SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE
REQUIREMENTS.
Title I (as amended by this title) (20 U.S.C. 1001 et seq.) is
further amended by adding at the end the following:
``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATION
LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Agent.--The term `agent' means an officer or employee of
a covered institution or an institution-affiliated organization.
``(2) Covered institution.--The term `covered institution'
means any institution of higher education, as such term is defined
in section 102, that receives any Federal funding or assistance.
``(3) Education loan.--The term `education loan' (except when
used as part of the term `private education loan') means--
``(A) any loan made, insured, or guaranteed under part B of
title IV;
``(B) any loan made under part D of title IV; or
``(C) a private education loan.
``(4) Eligible lender.--The term `eligible lender' has the
meaning given such term in section 435(d).
``(5) Institution-affiliated organization.--The term
`institution-affiliated organization'--
``(A) means any organization that--
``(i) is directly or indirectly related to a covered
institution; and
``(ii) is engaged in the practice of recommending,
promoting, or endorsing education loans for students
attending such covered institution or the families of such
students;
``(B) may include an alumni organization, athletic
organization, foundation, or social, academic, or professional
organization, of a covered institution; and
``(C) notwithstanding subparagraphs (A) and (B), does not
include any lender with respect to any education loan secured,
made, or extended by such lender.
``(6) Lender.--The term `lender' (except when used as part of
the terms `eligible lender' and `private educational lender')--
``(A) means--
``(i) in the case of a loan made, insured, or
guaranteed under part B of title IV, an eligible lender;
``(ii) in the case of any loan issued or provided to a
student under part D of title IV, the Secretary; and
``(iii) in the case of a private education loan, a
private educational lender as defined in section 140 of the
Truth in Lending Act; and
``(B) includes any other person engaged in the business of
securing, making, or extending education loans on behalf of the
lender.
``(7) Officer.--The term `officer' includes a director or
trustee of a covered institution or institution-affiliated
organization, if such individual is treated as an employee of such
covered institution or institution-affiliated organization,
respectively.
``(8) Preferred lender arrangement.--The term `preferred lender
arrangement'--
``(A) means an arrangement or agreement between a lender
and a covered institution or an institution-affiliated
organization of such covered institution--
``(i) under which a lender provides or otherwise issues
education loans to the students attending such covered
institution or the families of such students; and
``(ii) that relates to such covered institution or such
institution-affiliated organization recommending,
promoting, or endorsing the education loan products of the
lender; and
``(B) does not include--
``(i) arrangements or agreements with respect to loans
under part D of title IV; or
``(ii) arrangements or agreements with respect to loans
that originate through the auction pilot program under
section 499(b).
``(9) Private education loan.--The term `private education
loan' has the meaning given the term in section 140 of the Truth in
Lending Act.
``SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITUTION-
AFFILIATED ORGANIZATIONS, AND LENDERS.
``(a) Responsibilities of Covered Institutions and Institution-
Affiliated Organizations.--
``(1) Disclosures by covered institutions and institution-
affiliated organizations.--
``(A) Preferred lender arrangement disclosures.--In
addition to the disclosures required by subsections (a)(27) and
(h) of section 487 (if applicable), a covered institution, or
an institution-affiliated organization of such covered
institution, that participates in a preferred lender
arrangement shall disclose--
``(i) on such covered institution's or institution-
affiliated organization's website and in all informational
materials described in subparagraph (C) that describe or
discuss education loans--
``(I) the maximum amount of Federal grant and loan
aid under title IV available to students, in an easy to
understand format;
``(II) the information required to be disclosed
pursuant to section 153(a)(2)(A)(i), for each type of
loan described in section 151(3)(A) that is offered
pursuant to a preferred lender arrangement of the
institution or organization to students of the
institution or the families of such students; and
``(III) a statement that such institution is
required to process the documents required to obtain a
loan under part B of title IV from any eligible lender
the student selects; and
``(ii) on such covered institution's or institution-
affiliated organization's website and in all informational
materials described in subparagraph (C) that describe or
discuss private education loans--
``(I) in the case of a covered institution, the
information that the Board of Governors of the Federal
Reserve System requires to be disclosed under section
128(e)(11) of the Truth in Lending Act (15 U.S.C.
1638(e)(11)), for each type of private education loan
offered pursuant to a preferred lender arrangement of
the institution to students of the institution or the
families of such students; and
``(II) in the case of an institution-affiliated
organization of a covered institution, the information
the Board of Governors of the Federal Reserve System
requires to be disclosed under section 128(e)(1) of the
Truth in Lending Act (15 U.S.C. 1638(e)(1)), for each
type of private education loan offered pursuant to a
preferred lender arrangement of the organization to
students of such institution or the families of such
students.
``(B) Private education loan disclosures.--A covered
institution, or an institution-affiliated organization of such
covered institution, that provides information regarding a
private education loan from a lender to a prospective borrower
shall--
``(i) provide the prospective borrower with the
information the Board of Governors of the Federal Reserve
System requires to be disclosed under section 128(e)(1) of
the Truth in Lending Act (15 U.S.C. 1638(e)(1)) for such
loan;
``(ii) inform the prospective borrower that--
``(I) the prospective borrower may qualify for
loans or other assistance under title IV; and
``(II) the terms and conditions of loans made,
insured, or guaranteed under title IV may be more
favorable than the provisions of private education
loans; and
``(iii) ensure that information regarding private
education loans is presented in such a manner as to be
distinct from information regarding loans that are made,
insured, or guaranteed under title IV.
``(C) Informational materials.--The informational materials
described in this subparagraph are publications, mailings, or
electronic messages or materials that--
``(i) are distributed to prospective or current
students of a covered institution and families of such
students; and
``(ii) describe or discuss the financial aid
opportunities available to students at an institution of
higher education.
``(2) Use of institution name.--A covered institution, or an
institution-affiliated organization of such covered institution,
that enters into a preferred lender arrangement with a lender
regarding private education loans shall not agree to the lender's
use of the name, emblem, mascot, or logo of such institution or
organization, or other words, pictures, or symbols readily
identified with such institution or organization, in the marketing
of private education loans to students attending such institution
in any way that implies that the loan is offered or made by such
institution or organization instead of the lender.
``(3) Use of lender name.--A covered institution, or an
institution-affiliated organization of such covered institution,
that enters into a preferred lender arrangement with a lender
regarding private education loans shall ensure that the name of the
lender is displayed in all information and documentation related to
such loans.
``(b) Lender Responsibilities.--
``(1) Disclosures by lenders.--
``(A) Disclosures to borrowers.--
``(i) Federal education loans.--For each education loan
that is made, insured, or guaranteed under part B or D of
title IV (other than a loan made under section 428C or a
Federal Direct Consolidation Loan), at or prior to the time
the lender disburses such loan, the lender shall provide
the prospective borrower or borrower, in writing (including
through electronic means), with the disclosures described
in subsections (a) and (c) of section 433.
``(ii) Private education loans.--For each of a lender's
private education loans, the lender shall comply with the
disclosure requirements under section 128(e) of the Truth
in Lending Act (15 U.S.C. 1638(e)).
``(B) Disclosures to the secretary.--
``(i) In general.--Each lender of a loan made, insured,
or guaranteed under part B of title IV shall, on an annual
basis, report to the Secretary--
``(I) any reasonable expenses paid or provided
under section 435(d)(5)(D) or paragraph (3)(B) or (7)
of section 487(e) to any agent of a covered institution
who--
``(aa) is employed in the financial aid office
of a covered institution; or
``(bb) otherwise has responsibilities with
respect to education loans or other financial aid
of the institution; and
``(II) any similar expenses paid or provided to any
agent of an institution-affiliated organization who is
involved in the practice of recommending, promoting, or
endorsing education loans.
``(ii) Contents of reports.--Each report described in
clause (i) shall include--
``(I) the amount for each specific instance in
which the lender provided such expenses;
``(II) the name of any agent described in clause
(i) to whom the expenses were paid or provided;
``(III) the dates of the activity for which the
expenses were paid or provided; and
``(IV) a brief description of the activity for
which the expenses were paid or provided.
``(iii) Report to congress.--The Secretary shall
summarize the information received from the lenders under
this subparagraph in a report and transmit such report
annually to the authorizing committees.
``(2) Certification by lenders.--Not later than 18 months after
the date of enactment of the Higher Education Opportunity Act--
``(A) in addition to any other disclosure required under
Federal law, each lender of a loan made, insured, or guaranteed
under part B of title IV that participates in one or more
preferred lender arrangements shall annually certify the
lender's compliance with the requirements of this Act; and
``(B) if an audit of a lender is required pursuant to
section 428(b)(1)(U)(iii), the lender's compliance with the
requirements under this section shall be reported on and
attested to annually by the auditor of such lender.
``SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE
FORM FOR COVERED INSTITUTIONS, INSTITUTION-AFFILIATED
ORGANIZATIONS, AND LENDERS PARTICIPATING IN PREFERRED LENDER
ARRANGEMENTS.
``(a) Duties of the Secretary.--
``(1) Determination of minimum disclosures.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Higher Education Opportunity Act, the
Secretary, in coordination with the Board of Governors of the
Federal Reserve System, shall determine the minimum information
that lenders, covered institutions, and institution-affiliated
organizations of such covered institutions participating in
preferred lender arrangements shall make available regarding
education loans described in section 151(3)(A) that are offered
to students and the families of such students.
``(B) Consultation and content of minimum disclosures.--In
carrying out subparagraph (A), the Secretary shall--
``(i) consult with students, the families of such
students, representatives of covered institutions
(including financial aid administrators, admission
officers, and business officers), representatives of
institution-affiliated organizations, secondary school
guidance counselors, lenders, loan servicers, and guaranty
agencies;
``(ii) include, in the minimum information under
subparagraph (A) that is required to be made available, the
information that the Board of Governors of the Federal
Reserve System requires to be disclosed under section
128(e)(1) of the Truth in Lending Act (15 U.S.C.
1638(e)(1)), modified as necessary to apply to such loans;
and
``(iii) consider the merits of requiring each covered
institution, and each institution-affiliated organization
of such covered institution, with a preferred lender
arrangement to provide to prospective borrowers and the
families of such borrowers the following information for
each type of education loan offered pursuant to such
preferred lender arrangement:
``(I) The interest rate and terms and conditions of
the loan for the next award year, including loan
forgiveness and deferment.
``(II) Information on any charges, such as
origination and Federal default fees, that are payable
on the loan, and whether those charges will be--
``(aa) collected by the lender at or prior to
the disbursal of the loan, including whether the
charges will be deducted from the proceeds of the
loan or paid separately by the borrower; or
``(bb) paid in whole or in part by the lender.
``(III) The annual and aggregate maximum amounts
that may be borrowed.
``(IV) The average amount borrowed from the lender
by students who graduated from such institution in the
preceding year with certificates, undergraduate
degrees, graduate degrees, and professional degrees, as
applicable, and who obtained loans of such type from
the lender for the preceding year.
``(V) The amount the borrower may pay in interest,
based on a standard repayment plan and the average
amount borrowed from the lender by students who
graduated from such institution in the preceding year
and who obtained loans of such type from the lender for
the preceding year, for--
``(aa) borrowers who take out loans under
section 428;
``(bb) borrowers who take out loans under
section 428B or 428H, who pay the interest while in
school; and
``(cc) borrowers who take out loans under
section 428B or 428H, who do not pay the interest
while in school.
``(VI) The consequences for the borrower of
defaulting on a loan, including limitations on the
discharge of an education loan in bankruptcy.
``(VII) Contact information for the lender.
``(VIII) Other information suggested by the persons
and entities with whom the Secretary has consulted
under clause (i).
``(2) Required disclosures.--After making the determinations
under paragraph (1), the Secretary, in coordination with the Board
of Governors of the Federal Reserve System and after consultation
with the public, shall--
``(A)(i) provide that the information determined under
paragraph (1) shall be disclosed by covered institutions, and
institution-affiliated organizations of such covered
institutions, with preferred lender arrangements to prospective
borrowers and the families of such borrowers regarding the
education loans described in section 151(3)(A) that are offered
pursuant to such preferred lender arrangements; and
``(ii) make clear that such covered institutions and
institution-affiliated organizations may provide the required
information on a form designed by the institution or
organization instead of the model disclosure form described in
subparagraph (B);
``(B) develop a model disclosure form that may be used by
covered institutions, institution-affiliated organizations, and
preferred lenders that includes all of the information required
under subparagraph (A)(i) in a format that--
``(i) is easily usable by students, families,
institutions, institution-affiliated organizations,
lenders, loan servicers, and guaranty agencies; and
``(ii) is similar in format to the form developed by
the Board of Governors of the Federal Reserve System under
paragraphs (1) and (5)(A) of section 128(e), in order to
permit students and the families of students to easily
compare private education loans and education loans
described in section 151(3)(A); and
``(C) update such model disclosure form periodically, as
necessary.
``(b) Duties of Lenders.--Each lender that has a preferred lender
arrangement with a covered institution, or an institution-affiliated
organization of such covered institution, with respect to education
loans described in section 151(3)(A) shall annually, by a date
determined by the Secretary, provide to such covered institution or
such institution-affiliated organization, and to the Secretary, the
information the Secretary requires pursuant to subsection (a)(2)(A)(i)
for each type of education loan described in section 151(3)(A) that the
lender plans to offer pursuant to such preferred lender arrangement to
students attending such covered institution, or to the families of such
students, for the next award year.
``(c) Duties of Covered Institutions and Institution-Affiliated
Organizations.--
``(1) Providing information to students and families.--
``(A) In general.--Each covered institution, and each
institution-affiliated organization of such covered
institution, that has a preferred lender arrangement shall
provide the following information to students attending such
institution, or the families of such students, as applicable:
``(i) The information the Secretary requires pursuant
to subsection (a)(2)(A)(i), for each type of education loan
described in section 151(3)(A) offered pursuant to a
preferred lender arrangement to students of such
institution or the families of such students.
``(ii)(I) In the case of a covered institution, the
information that the Board of Governors of the Federal
Reserve System requires to be disclosed under section
128(e)(11) of the Truth in Lending Act (15 U.S.C.
1638(e)(11)) to the covered institution, for each type of
private education loan offered pursuant to such preferred
lender arrangement to students of such institution or the
families of such students.
``(II) In the case of an institution-affiliated
organization, the information the Board of Governors of the
Federal Reserve System requires to be disclosed under
section 128(e)(1) of the Truth in Lending Act (15 U.S.C.
1638(e)(1)), for each type of private education loan
offered pursuant to such preferred lender arrangement to
students of the institution with which such organization is
affiliated or the families of such students.
``(B) Timely provision of information.--The information
described in subparagraph (A) shall be provided in a manner
that allows for the students or the families to take such
information into account before selecting a lender or applying
for an education loan.
``(2) Annual report.--Each covered institution, and each
institution-affiliated organization of such covered institution,
that has a preferred lender arrangement, shall--
``(A) 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 such
covered institution or organization--
``(i) the information described in clauses (i) and (ii)
of paragraph (1)(A); and
``(ii) a detailed explanation of why such covered
institution or institution-affiliated organization entered
into a preferred lender arrangement with the lender,
including why the terms, conditions, and provisions of each
type of education loan provided pursuant to the preferred
lender arrangement are beneficial for students attending
such institution, or the families of such students, as
applicable; and
``(B) ensure that the report required under subparagraph
(A) is made available to the public and provided to students
attending or planning to attend such covered institution and
the families of such students.
``(3) Code of conduct.--
``(A) In general.--Each covered institution, and each
institution-affiliated organization of such covered
institution, that has a preferred lender arrangement, shall
comply with the code of conduct requirements of subparagraphs
(A) through (C) of section 487(a)(25).
``(B) Applicable code of conduct.--For purposes of
subparagraph (A), an institution-affiliated organization of a
covered institution shall--
``(i) comply with the code of conduct developed and
published by such covered institution under subparagraphs
(A) and (B) of section 487(a)(25);
``(ii) if such institution-affiliated organization has
a website, publish such code of conduct prominently on the
website; and
``(iii) administer and enforce such code of conduct by,
at a minimum, requiring that all of such organization's
agents with responsibilities with respect to education
loans be annually informed of the provisions of such code
of conduct.
``SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE
FORM FOR INSTITUTIONS PARTICIPATING IN THE WILLIAM. D. FORD
FEDERAL DIRECT LOAN PROGRAM.
``(a) Provision of Disclosures to Institutions by the Secretary.--
Not later than 180 days after the development of the model disclosure
form under section 153(a)(2)(B), the Secretary shall provide each
institution of higher education participating in the William D. Ford
Direct Loan Program under part D of title IV with a completed model
disclosure form including the same information for Federal Direct
Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal
Direct PLUS loans made to, or on behalf of, students attending each
such institution as is required on such form for loans described in
section 151(3)(A).
``(b) Duties of Institutions.--
``(1) In general.--Each institution of higher education
participating in the William D. Ford Direct Loan Program under part
D of title IV shall--
``(A) make the information the Secretary provides to the
institution under subsection (a) available to students
attending or planning to attend the institution, or the
families of such students, as applicable; and
``(B) if the institution provides information regarding a
private education loan to a prospective borrower, concurrently
provide such borrower with the information the Secretary
provides to the institution under subsection (a).
``(2) Choice of forms.--In providing the information required
under paragraph (1), an institution of higher education may use a
comparable form designed by the institution instead of the model
disclosure form developed under section 153(a)(2)(B).''.
TITLE II--TEACHER QUALITY ENHANCEMENT
SEC. 201. TEACHER QUALITY ENHANCEMENT.
Title II (20 U.S.C. 1021 et seq.) is amended--
(1) by inserting before part A the following:
``SEC. 200. DEFINITIONS.
``In 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
one 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 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 educator.--The term `early childhood
educator' means an individual with primary responsibility for the
education of children in an early childhood education program.
``(5) 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.
``(6) Eligible partnership.--Except as otherwise provided in
section 251, the term `eligible partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational agency;
``(ii)(I) a high-need school or a consortium of high-
need schools served by the high-need local educational
agency; or
``(II) 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, which may include an
existing teacher professional development program with
proven outcomes within a four-year institution of higher
education that provides intensive and sustained
collaboration between faculty and local educational
agencies consistent with the requirements of this title;
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.
``(7) Essential components of reading instruction.--The term
`essential components of reading instruction' has the meaning given
the term in section 1208 of the Elementary and Secondary Education
Act of 1965.
``(8) Exemplary teacher.--The term `exemplary teacher' has the
meaning given the 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;
``(iii) that meets the eligibility requirements for funding
under the Small, Rural School Achievement Program under section
6211(b) of the Elementary and Secondary Education Act of 1965;
or
``(iv) that meets the eligibility requirements for funding
under the Rural and Low-Income School Program under section
6221(b) of the Elementary and Secondary Education Act of 1965;
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.--
``(A) In general.--The term `high-need school' means a
school that, based on the most recent data available, meets one
or both of the following:
``(i) The school is in the highest quartile of schools
in a ranking of all schools served by a local educational
agency, ranked in descending order by percentage of
students from low-income families enrolled in such schools,
as determined by the local educational agency based on one
of the following measures of poverty:
``(I) The percentage of students aged 5 through 17
in poverty counted in the most recent census data
approved by the Secretary.
``(II) The percentage of students eligible for a
free or reduced price school lunch under the Richard B.
Russell National School Lunch Act.
``(III) The percentage of students in families
receiving assistance under the State program funded
under part A of title IV of the Social Security Act.
``(IV) The percentage of students eligible to
receive medical assistance under the Medicaid program.
``(V) A composite of two or more of the measures
described in subclauses (I) through (IV).
``(ii) In the case of--
``(I) an elementary school, the school serves
students not less than 60 percent of whom are eligible
for a free or reduced price school lunch under the
Richard B. Russell National School Lunch Act; or
``(II) any other school that is not an elementary
school, the other school serves students not less than
45 percent of whom are eligible for a free or reduced
price school lunch under the Richard B. Russell
National School Lunch Act.
``(B) Special rule.--
``(i) Designation by the secretary.--The Secretary may,
upon approval of an application submitted by an eligible
partnership seeking a grant under this title, designate a
school that does not qualify as a high-need school under
subparagraph (A) as a high-need school for the purpose of
this title. The Secretary shall base the approval of an
application for designation of a school under this clause
on a consideration of the information required under clause
(ii), and may also take into account other information
submitted by the eligible partnership.
``(ii) Application requirements.--An application for
designation of a school under clause (i) shall include--
``(I) the number and percentage of students
attending such school who are--
``(aa) aged 5 through 17 in poverty counted in
the most recent census data approved by the
Secretary;
``(bb) eligible for a free or reduced price
school lunch under the Richard B. Russell National
School Lunch Act;
``(cc) in families receiving assistance under
the State program funded under part A of title IV
of the Social Security Act; or
``(dd) eligible to receive medical assistance
under the Medicaid program;
``(II) information about the student academic
achievement of students at such school; and
``(III) for a secondary school, the graduation rate
for such school.
``(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) Induction program.--The term `induction program' means a
formalized program for new teachers during not less than the
teachers' first two 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
teachers in the same department or field, including mentor
teachers, as well as time for information-sharing among
teachers, principals, administrators, other appropriate
instructional staff, 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 on
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 applicability of
such data in classroom instruction.
``(I) Regular and structured observation and evaluation of
new teachers by multiple evaluators, using valid and reliable
measures of teaching skills.
``(15) Limited english proficient.--The term `limited English
proficient' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(16) Parent.--The term `parent' has the meaning given the
term in section 9101 of the Elementary and Secondary Education Act
of 1965.
``(17) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a two-
year institution of higher education offering a dual program with a
four-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) before the first publication of such report
card; 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; and
``(B) that requires--
``(i) each student in the program to meet high academic
standards or demonstrate a record of success, as determined
by the institution (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.
``(18) Principles of scientific research.--The term `principles
of scientific research' means principles of research that--
``(A) apply rigorous, systematic, and objective methodology
to obtain reliable and valid knowledge relevant to education
activities and programs;
``(B) present findings and make claims that are appropriate
to, and supported by, the methods that have been employed; and
``(C) include, appropriate to the research being
conducted--
``(i) use of systematic, empirical methods that draw on
observation or experiment;
``(ii) use of data analyses that are adequate to
support the general findings;
``(iii) reliance on measurements or observational
methods that provide reliable and generalizable findings;
``(iv) strong claims of causal relationships, only with
research designs that eliminate plausible competing
explanations for observed results, such as, but not limited
to, random-assignment experiments;
``(v) presentation of studies and methods in sufficient
detail and clarity to allow for replication or, at a
minimum, to offer the opportunity to build systematically
on the findings of the research;
``(vi) acceptance by a peer-reviewed journal or
critique by a panel of independent experts through a
comparably rigorous, objective, and scientific review; and
``(vii) consistency of findings across multiple studies
or sites to support the generality of results and
conclusions.
``(19) Professional development.--The term `professional
development' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(20) 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 principles
of scientific research.
``(21) Teacher mentoring.--The term `teacher mentoring' means
the mentoring of new or prospective teachers through a 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 (including approaches that improve the
schoolwide climate for learning, which may include positive
behavioral interventions and supports);
``(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, as
applicable;
``(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.
``(22) Teaching residency program.--The term `teaching
residency program' means a school-based teacher preparation program
in which a prospective teacher--
``(A) for one 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 courses may be 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.
``(23) 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) effectively teach higher-order analytical,
evaluation, problem-solving, and communication skills;
``(D) 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;
``(E) 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 measures higher-order thinking
skills (including application, analysis, synthesis, and
evaluation);
``(F) effectively manage a classroom, including the ability
to implement positive behavioral interventions and support
strategies;
``(G) communicate and work with parents, and involve
parents in their children's education; and
``(H) use, in the case of an early childhood educator, age-
appropriate and developmentally appropriate strategies and
practices for children in early childhood education
programs.'';
(2) by striking part A and inserting the following:
``PART A--TEACHER QUALITY PARTNERSHIP GRANTS
``SEC. 201. PURPOSES.
``The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of prospective and new teachers by
improving the preparation of prospective teachers and enhancing
professional development activities for new teachers;
``(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.
``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 the partners in the eligible
partnership with respect to the preparation, ongoing training,
professional development, and retention of general education and
special education teachers, principals, and, as applicable, early
childhood educators;
``(2) a description of the extent to which the program to be
carried out with grant funds, as described in subsection (c), will
prepare prospective and new teachers with strong teaching skills;
``(3) a description of how such program will prepare
prospective and new teachers to understand and use research and
data to modify and improve classroom instruction;
``(4) a description of--
``(A) how the eligible partnership will coordinate
strategies and activities assisted under the grant with other
teacher preparation or professional development programs,
including programs funded under the Elementary and Secondary
Education Act of 1965 and the Individuals with Disabilities
Education Act, and through the National Science Foundation; and
``(B) how the activities of the partnership will be
consistent with State, local, and other education reform
activities that promote teacher quality and student academic
achievement;
``(5) an assessment that describes the resources available to
the eligible partnership, including--
``(A) the integration of funds from other related sources;
``(B) the intended use of the grant funds; and
``(C) the commitment of the resources of the partnership to
the activities assisted under this section, including financial
support, faculty participation, and time commitments, and to
the continuation of the activities when the grant ends;
``(6) a description of--
``(A) how the eligible 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
academic achievement;
``(C) if the partnership chooses to use funds under this
section for a project or activities under subsection (f) or
(g), how the partnership will carry out such project or
required activities based on the needs identified in paragraph
(1), with the goal of improving student academic achievement;
``(D) the partnership's evaluation plan under section
204(a);
``(E) how the partnership will align the teacher
preparation program under subsection (c) 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;
``(F) 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;
``(G) how the partnership will prepare general education
and special education teachers to teach students who are
limited English proficient;
``(H) how faculty at the partner institution will work,
during the term of the grant, with highly qualified teachers in
the classrooms of high-need schools served by the high-need
local educational agency in the partnership to--
``(i) provide high-quality professional development
activities to strengthen the content knowledge and teaching
skills of elementary school and secondary school teachers;
and
``(ii) train other classroom teachers to implement
literacy programs that incorporate the essential components
of reading instruction;
``(I) how the partnership will design, implement, or
enhance a year-long and rigorous teaching preservice clinical
program component;
``(J) how the partnership will support in-service
professional development strategies and activities; and
``(K) how the partnership will collect, analyze, and use
data on the retention of all teachers and early childhood
educators in schools and early childhood education 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 demonstration that the schools and departments
within the institution of higher education that are part of the
induction program will effectively prepare teachers, including
providing content expertise and expertise in teaching, as
appropriate;
``(B) a demonstration of the eligible partnership's
capability and commitment to, and the accessibility to and
involvement of faculty in, the use of empirically-based
practice and scientifically valid research on teaching and
learning;
``(C) a description of how the teacher preparation program
will design and implement an induction program to support,
through not less than the first two years of teaching, all new
teachers who are prepared by the teacher preparation program in
the partnership and who teach in the high-need local
educational agency in the partnership, and, to the extent
practicable, all new teachers who teach in such high-need local
educational agency, 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; 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 school or
secondary school classroom setting, as applicable, including
release time and receiving workload credit for such
participation.
``(c) Use of Grant Funds.--An eligible partnership that receives a
grant under this section--
``(1) 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), or a combination
of such programs; and
``(2) may use grant funds to carry out a leadership development
program under subsection (f).
``(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) new or prospective teachers to be highly
qualified (including teachers in rural school districts
who may teach multiple subjects, special educators, and
teachers of students who are limited English proficient
who may teach multiple subjects);
``(II) such teachers and, as applicable, early
childhood educators, to understand empirically-based
practice and scientifically valid research related to
teaching and learning and the applicability of such
practice and research, including through the effective
use of technology, instructional techniques, and
strategies consistent with the principles of universal
design for learning, and through positive behavioral
interventions and support strategies to improve student
achievement; and
``(III) as applicable, early childhood educators to
be highly competent; and
``(ii) promoting strong teaching 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
teaching and learning so that all prospective teachers and,
as applicable, early childhood educators--
``(I) understand and can implement research-based
teaching practices in classroom 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
classroom instruction;
``(IV) possess teaching skills and an understanding
of effective instructional strategies across all
applicable content areas that enable general education
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; and
``(bb) differentiate instruction for such
students;
``(V) can effectively participate as a member of
the individualized education program team, 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 prospective 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 and
for individuals preparing to teach students with
disabilities as described in section 602(10)(D) of the
Individuals with Disabilities Education Act;
``(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 and curriculum changes, as
applicable, to ensure that prospective teachers have the
requisite content knowledge, preparation, and degree to
teach Advanced Placement or International Baccalaureate
courses successfully.
``(2) Clinical experience and interaction.--Developing and
improving a sustained and high-quality preservice 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,
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
prospective teachers and faculty, experienced teachers,
principals, other administrators, and school leaders 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.
``(C) Provide high-quality teacher mentoring.
``(D) Be offered over the course of a program of teacher
preparation.
``(E) Be tightly aligned with course work (and may be
developed as a fifth year of a teacher preparation program).
``(F) Where feasible, allow prospective teachers to learn
to teach in the same local educational agency in which the
teachers will work, learning the instructional initiatives and
curriculum of that local educational agency.
``(G) As applicable, provide training and experience to
enhance the teaching skills of prospective teachers to better
prepare such teachers to meet the unique needs of teaching in
rural or urban communities.
``(H) Provide support and training for individuals
participating in an activity for prospective or new teachers
described in this paragraph or paragraph (1) or (3), and for
individuals 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, incentive, or performance pay,
based on the mentor's 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) individuals from under represented populations;
``(B) individuals to teach in rural communities and teacher
shortage areas, including mathematics, science, special
education, and the instruction of limited English proficient
students; and
``(C) mid-career professionals from other occupations,
former military personnel, and recent college graduates with a
record of academic distinction.
``(6) Literacy training.--Strengthening the literacy teaching
skills of prospective and, as applicable, new elementary school and
secondary school teachers--
``(A) to implement literacy programs that incorporate the
essential components of reading instruction;
``(B) to use screening, diagnostic, formative, and
summative assessments to determine students' literacy levels,
difficulties, and growth in order to improve classroom
instruction and improve student reading and writing skills;
``(C) to provide individualized, intensive, and targeted
literacy instruction for students with deficiencies in literacy
skills; and
``(D) to integrate literacy skills in the classroom across
subject areas.
``(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) Placing 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 who participate in
the teaching residency program receive--
``(i) effective preservice preparation as described in
paragraph (2);
``(ii) teacher mentoring;
``(iii) support required 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 paragraph 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 coursework;
``(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 new 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 be relieved 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
not limited to, observations of the following:
``(I) Planning and preparation, including
demonstrated knowledge of content, pedagogy, and
assessment, including the use of formative and
diagnostic assessments to improve student learning.
``(II) Appropriate instruction that engages
students with different learning styles.
``(III) Collaboration with colleagues to improve
instruction.
``(IV) Analysis of gains in student learning, based
on multiple measures that are valid and reliable and
that, when feasible, may include valid, reliable, and
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 new or prospective 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--
``(I) that are aligned with the hiring objectives
of the local educational agency partnering with the
program, as well as the instructional initiatives and
curriculum of such agency, in exchange for a commitment
by such agency to hire qualified graduates from the
teaching residency program; and
``(II) 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.
``(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 two years of teaching.
``(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 paragraph, an individual shall--
``(I) be a recent graduate of a four-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 or salaries; applications; agreements;
repayments.--
``(i) Stipends or salaries.--A teaching residency
program under this subsection shall provide a one-year
living stipend or salary to teaching residents during the
one-year teaching residency program.
``(ii) Applications for stipends or salaries.--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 three academic years immediately after
successfully completing the one-year teaching residency
program;
``(II) fulfill the requirement under subclause (I)
by teaching in a high-need school served by the high-
need local educational agency in the eligible
partnership and teach a subject or area that is
designated as high need by the partnership;
``(III) provide to the eligible partnership a
certificate, from the chief administrative officer of
the local educational agency in which the resident is
employed, of the employment required in subclauses (I)
and (II) at the beginning of, and upon completion of,
each year or partial year of service;
``(IV) meet the requirements to be a highly
qualified teacher, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965, or
section 602 of the Individuals with Disabilities
Education Act, when the applicant begins to fulfill the
service obligation under this clause; and
``(V) 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.--A grantee carrying out a
teaching residency program under this paragraph shall
require a recipient of a stipend or salary under clause
(i) who does not complete, or who notifies the
partnership that the recipient intends not to complete,
the service obligation required by clause (iii) to
repay such stipend or salary to the eligible
partnership, together with interest, at a rate
specified by the partnership in the agreement, 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 pro-rata
repayment of the stipend or salary described in clause
(i) or 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, being
called to active duty in the Armed Forces of the United
States, 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 that receives a
grant under this section may carry out an effective school
leadership program, which may be carried out in partnership with a
local educational agency located in a rural area and that shall
include all of the following activities:
``(A) Preparing individuals enrolled or preparing to enroll
in school leadership programs for careers as superintendents,
principals, early childhood education program directors, or
other school leaders (including individuals preparing to work
in local educational agencies located in rural areas who may
perform multiple duties in addition to the role of a school
leader).
``(B) Promoting strong leadership skills and, as
applicable, techniques for school leaders to effectively--
``(i) create and maintain a data-driven, professional
learning community within the leader's school;
``(ii) provide a climate conducive to the professional
development of teachers, with a focus on improving student
academic achievement and the development of effective
instructional leadership skills;
``(iii) understand the teaching and assessment skills
needed to support successful classroom instruction and to
use data to evaluate teacher instruction and drive teacher
and student learning;
``(iv) manage resources and school time to improve
student academic achievement and ensure the school
environment is safe;
``(v) engage and involve parents, community members,
the local educational agency, businesses, and other
community leaders, to leverage additional resources to
improve student academic achievement; and
``(vi) understand how students learn and develop in
order to increase academic achievement for all students.
``(C) Ensuring that individuals who participate in the
school leadership program receive--
``(i) effective preservice preparation as described in
subparagraph (D);
``(ii) mentoring; and
``(iii) if applicable, full State certification or
licensure to become a school leader.
``(D) Developing and improving a sustained and high-quality
preservice clinical education program to further develop the
leadership skills of all prospective school leaders involved in
the program. Such clinical education program shall do the
following:
``(i) Incorporate year-long opportunities for
enrichment, including--
``(I) clinical learning in high-need schools served
by the high-need local educational agency or a local
educational agency located in a rural area in the
eligible partnership and identified by the eligible
partnership; and
``(II) closely supervised interaction between
prospective school leaders and faculty, new and
experienced teachers, and new and experienced school
leaders, in such high-need schools.
``(ii) Integrate pedagogy and practice and promote
effective leadership skills, meeting the unique needs of
urban, rural, or geographically isolated communities, as
applicable.
``(iii) Provide for mentoring of new school leaders.
``(E) Creating an induction program for new school leaders.
``(F) Developing and implementing effective mechanisms to
ensure that the eligible partnership is able to recruit
qualified individuals to become school leaders through the
activities of the eligible partnership, which may include an
emphasis on recruiting into school leadership professions--
``(i) individuals from underrepresented populations;
``(ii) individuals to serve as superintendents,
principals, or other school administrators in rural and
geographically isolated communities and school leader
shortage areas; and
``(iii) mid-career professionals from other
occupations, former military personnel, and recent college
graduates with a record of academic distinction.
``(2) Selection of individuals for the leadership program.--In
order to be eligible for the school leadership program under this
subsection, an individual shall be enrolled in or preparing to
enroll in an institution of higher education, and shall--
``(A) be a--
``(i) recent graduate of an institution of higher
education;
``(ii) mid-career professional from outside the field
of education with strong content knowledge or a record of
professional accomplishment;
``(iii) current teacher who is interested in becoming a
school leader; or
``(iv) school leader who is interested in becoming a
superintendent; and
``(B) submit an application to the leadership program.
``(g) Partnership With Digital Education Content Developer.--An
eligible partnership that receives a grant under this section may use
grant funds provided to carry out the activities described in
subsection (d) or (e), or both, to partner with a television public
broadcast station, as defined in section 397(6) of the Communications
Act of 1934 (47 U.S.C. 397(6)), or another entity that develops digital
educational content, for the purpose of improving the quality of pre-
baccalaureate teacher preparation programs or to enhance the quality of
preservice training for prospective teachers.
``(h) Evaluation and Reporting.--The Secretary shall--
``(1) evaluate the programs assisted under this section; and
``(2) make publicly available a report detailing the
Secretary's evaluation of each such program.
``(i) 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 carried out under this section.
``(2) Regular communication.--To ensure timely and meaningful
consultation as described in paragraph (1), 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 the eligible
partnership submits to the Secretary a written consent of such
changes signed by all members of the eligible partnership.
``(j) 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.
``(k) Supplement, Not Supplant.--Funds made available under 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 five years.
``(2) Number of awards.--An eligible partnership may not
receive more than one grant during a five-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 five-year period
described in the preceding sentence applicable to the eligible
partnership with which the individual member has first partnered
has expired.
``(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.--The Secretary, in funding applications under
this part, shall give priority--
``(A) to eligible 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 program; 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 grant
amounts, 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
two percent of the funds provided to administer 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 and measurable performance objectives. The plan shall include
objectives and measures for increasing--
``(1) achievement for all prospective and new teachers, as
measured by the eligible partnership;
``(2) teacher retention in the first three 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 highly qualified teachers hired by the
high-need local educational agency who are members of
underrepresented groups;
``(C) the percentage of highly qualified teachers hired by the
high-need local educational agency who teach high-need academic
subject areas (such as reading, mathematics, science, and foreign
language, including less commonly taught languages and critical
foreign languages);
``(D) the percentage of highly qualified teachers hired by the
high-need local educational agency 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 highly qualified teachers hired by the
high-need local educational agency who teach in high-need schools,
disaggregated by the elementary school and secondary 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 percentage of teachers trained--
``(i) to integrate technology effectively into curricula
and instruction, including technology consistent with the
principles of universal design for learning; and
``(ii) to use technology effectively to collect, manage,
and analyze data to improve teaching and learning 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, faculty, and leadership at institutions of higher
education located in the geographic areas served by the eligible
partnership are provided information, including through electronic
means, about the activities carried out with funds under this part.
``(c) Revised Application.--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 of the grant, as appropriate, by the end of the third year of
a grant under this part, then the Secretary--
``(1) shall cancel the grant; and
``(2) may use any funds returned or available because of such
cancellation under paragraph (1) to--
``(A) increase other grant awards under this part; or
``(B) award new grants to other eligible partnerships under
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, the following:
``(A) Goals and assurances.--
``(i) For the most recent year for which the
information is available for the institution--
``(I) whether the goals set under section 206 have
been met; and
``(II) a description of the activities the
institution implemented to achieve such goals.
``(ii) A description of the steps the institution is
taking to improve its performance in meeting the annual
goals set under section 206.
``(iii) A description of the activities the institution
has implemented to meet the assurances provided under
section 206.
``(B) Pass rates and scaled scores.--For the most recent
year for which the information is available for those students
who took the assessments used for teacher certification or
licensure by the State in which the program is located and are
enrolled in the traditional teacher preparation program or
alternative routes to State certification or licensure program,
and for those who have taken such assessments and have
completed the traditional teacher preparation program or
alternative routes to State certification or licensure program
during the two-year period preceding such year, for each of
such assessments--
``(i) the percentage of students who have completed 100
percent of the nonclinical coursework and taken the
assessment who pass such assessment;
``(ii) the percentage of all students who passed such
assessment;
``(iii) the percentage of students who have taken such
assessment who enrolled in and completed the traditional
teacher preparation program or alternative routes to State
certification or licensure program, as applicable;
``(iv) the average scaled score for all students who
took 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.
``(C) Program information.--A description of--
``(i) the criteria for admission into the program;
``(ii) the number of students in the program
(disaggregated by race, ethnicity, and gender);
``(iii) the average number of hours of supervised
clinical experience required for those in the program;
``(iv) the number of full-time equivalent faculty and
students in the supervised clinical experience; and
``(v) the total number of students who have been
certified or licensed as teachers, disaggregated by subject
and area of certification or licensure.
``(D) 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.
``(E) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 207(a).
``(F) Use of technology.--A description of the activities,
including activities consistent with the principles of
universal design for learning, that prepare teachers to
integrate technology effectively into curricula and
instruction, and to use technology effectively to collect,
manage, and analyze data in order to improve teaching and
learning for the purpose of increasing student academic
achievement.
``(G) Teacher training.--A description of the activities
that prepare general education and special education teachers
to teach students with disabilities effectively, 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 who are limited English proficient.
``(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
$27,500 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)(B), with respect to an average pass rate and
scaled score on each State certification or licensure assessment
taken over a three-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, and make widely available to
the general public, in a uniform and comprehensible manner that
conforms with the definitions and methods established by the
Secretary, an annual 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
subjects, areas, or 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, as applicable, 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,
including those that offer 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 coursework and taken the assessment who
pass such assessment;
``(ii) the percentage of all such students at all such
institutions and entities who have taken the assessment who
pass such assessment;
``(iii) the percentage of students who have taken the
assessment who enrolled in and completed a teacher
preparation program; and
``(iv) the average scaled score of individuals
participating in such a program, or who have completed such
a program during the two-year period preceding the first
year for which the annual State report card is provided,
who took each such assessment.
``(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
two-year period preceding the date for which the
determination is made, 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 two-year period preceding the first year
for which the annual State report card is provided, 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--
``(i) the criteria for admission into the program;
``(ii) 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);
``(iii) the average number of hours of supervised
clinical experience required for those in the program; and
``(iv) 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) A description of the extent to which teacher
preparation programs are addressing shortages of highly
qualified teachers, by area of certification or licensure,
subject, and specialty, in the State's public schools.
``(J) The extent to which teacher preparation programs
prepare teachers, including general education and special
education teachers, to teach students with disabilities
effectively, 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--
``(i) integrate technology effectively into curricula
and instruction, including activities consistent with the
principles of universal design for learning; and
``(ii) use technology effectively to collect, manage,
and analyze data to improve teaching and learning for the
purpose of increasing student academic achievement.
``(L) The extent to which teacher preparation programs
prepare teachers, including general education and special
education teachers, to effectively teach students who are
limited English proficient.
``(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 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 annually provide to the
authorizing committees, 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.
``(2) Report to congress.--The Secretary shall prepare and
submit a report to the authorizing committees 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 one
State for teacher certification or licensure.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than ten scores reported on any single initial
teacher certification or licensure assessment during an academic
year, the Secretary shall collect and publish, and make publicly
available, information with respect to an average pass rate and
scaled score on each State certification or licensure assessment
taken over a three-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 increasing the number of
prospective teachers trained in teacher shortage areas designated by
the Secretary or by the State educational agency, including
mathematics, science, special education, and instruction of limited
English proficient students.
``(b) Assurances.--Each institution described in subsection (a)
shall provide assurances 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) training provided to prospective teachers is closely
linked with the needs of schools and the instructional decisions
new teachers face in the classroom;
``(3) prospective special education teachers receive course
work in core academic subjects and receive training in providing
instruction in core academic subjects;
``(4) 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
``(5) prospective teachers receive training on how to
effectively teach in urban and rural schools, as applicable.
``(c) Rule of Construction.--Nothing in this section shall be
construed to require an institution to create a new teacher preparation
area of concentration or degree program or adopt a specific curriculum
in complying with this section.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under this Act,
a State shall conduct an assessment to identify low-performing teacher
preparation programs in the State and to assist such programs through
the provision of technical assistance. Each such State shall provide
the Secretary with an annual list of low-performing teacher preparation
programs and an identification of those programs at risk of being
placed on such list, as applicable. 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 academic achievement for elementary and
secondary students; and
``(3) raising the standards for entry into the teaching
profession.
``(b) Termination of Eligibility.--Any teacher preparation program
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) may not be permitted to accept or enroll any student who
receives aid under title IV in the institution's teacher
preparation program;
``(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; and
``(4) shall be reinstated upon demonstration of improved
performance, as determined by the State.
``(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 206, 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 reveal personally identifiable information.
``(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, in accordance with the State plan submitted or revised under
section 1111 of such Act, and that each person employed as a special
education teacher in the State who teaches elementary 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, the Secretary shall--
``(1) 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, 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 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.
``(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 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.
``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 two succeeding fiscal years.''; and
(3) by striking part B and inserting the following:
``PART B--ENHANCING TEACHER EDUCATION
``SEC. 230. 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 five
succeeding fiscal years.
``Subpart 1--Preparing Teachers for Digital Age Learners
``SEC. 231. 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) serve 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 teaching and learning environments
throughout a teacher candidate's preservice 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 and 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 subpart--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a three-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 subpart 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 subpart, the term
`eligible consortium' means a consortium of members that includes the
following:
``(1) Not less than one institution of higher education that
awards baccalaureate or masters degrees and prepares teachers for
initial entry into teaching.
``(2) Not less than 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) Not less than 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. 232. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a grant or
enters into a contract or cooperative agreement under this subpart
shall use funds made available under this subpart 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 preservice
preparation of teacher candidates with high-need 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 with technology in educational settings;
``(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 by members of the consortium with respect to technology
implementation;
``(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 preservice 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 preservice teachers to--
``(A) develop and implement a plan for preservice 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 preservice teacher
populations with programs that connect such preservice 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 academic achievement in
high-need schools;
``(5) provide additional technology resources for preservice
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. 233. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a contract or
cooperative agreement under this subpart, 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 preservice 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 educational agency 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 subpart for the
project.
``(6) A description of how the project will incorporate--
``(A) State teacher technology standards; and
``(B) 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. 234. EVALUATION.
``Not less than ten percent of the funds awarded to an eligible
consortium to carry out a project under this subpart shall be used to
evaluate the effectiveness of such project.
``Subpart 2--Honorable Augustus F. Hawkins Centers of Excellence
``SEC. 241. 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 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);
``(vii) an Asian American and Native American Pacific
Islander-serving institution (as defined in section
320(b)); or
``(viii) a Native American-serving, nontribal
institution (as defined in section 319);
``(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 242 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.
``SEC. 242. 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 of 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 that are
based on rigorous academic content, scientifically valid
research (including scientifically based reading research
and mathematics research, as it becomes available), and
challenging State academic content standards and student
academic achievement standards; and
``(ii) promote strong teaching skills.
``(2) Providing sustained and high-quality preservice 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, respectively; or
``(B) induction and support for teachers and principals
during their first three 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, not to exceed the cost
of attendance.
``(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 use not more
than two percent of the funds provided to administer the grant.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this subpart.
``Subpart 3--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 251. 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 general
education classrooms.
``(2) Duration of grants.--A grant under this section shall be
awarded for a period of not more than 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' means 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
postbaccalaureate program required for teacher
certification; and
``(iii) the graduates of which are highly qualified;
``(B) a department or program of special education at an
institution of higher education;
``(C) a department or program at an institution of higher
education that provides degrees in core academic subjects; and
``(D) a high-need local educational agency; and
``(2) may include a department or program of mathematics, earth
or physical science, foreign language, or another department at the
institution that has a role in preparing teachers.
``(c) Activities.--An eligible partnership that receives a grant
under this section--
``(1) shall use the grant funds to--
``(A) develop or strengthen an undergraduate,
postbaccalaureate, or master's teacher preparation program by
integrating special education strategies into the general
education curriculum and academic content;
``(B) provide teacher candidates participating in the
program under subparagraph (A) with skills related to--
``(i) response to intervention, positive behavioral
interventions and supports, differentiated instruction, and
data driven instruction;
``(ii) universal design for learning;
``(iii) determining and utilizing accommodations for
instruction and assessments;
``(iv) collaborating with special educators, related
services providers, and parents, including participation in
individualized education program development and
implementation; and
``(v) appropriately utilizing technology and assistive
technology for students with disabilities; and
``(C) provide extensive clinical experience for
participants described in subparagraph (B) with mentoring and
induction support throughout the program that continues during
the first two years of full-time teaching; and
``(2) may use grant funds to develop and administer alternate
assessments of students with disabilities.
``(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; and
``(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.--
``(A) In general.--An eligible partnership receiving a
grant under this section shall conduct an evaluation at the end
of the grant period to determine--
``(i) the effectiveness of the general education
teachers who completed a program under subsection (c)(1)
with respect to instruction of students with disabilities
in general education classrooms; and
``(ii) 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 schools and
secondary schools.
``(B) Report to the secretary.--Each eligible partnership
performing an evaluation under subparagraph (A) 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.
``Subpart 4--Adjunct Teacher Corps
``SEC. 255. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for professionals and other individuals with subject
matter expertise in mathematics, science, or 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 on a competitive basis to eligible entities to identify,
recruit, and train qualified individuals with subject matter expertise
in mathematics, science, or 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 five years.
``(d) Eligible Entity.--In this section, the term `eligible entity'
means--
``(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, or 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 preservice training and on-going professional
development to adjunct content specialists.
``(f) Applications.--
``(1) Application required.--An eligible entity 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.
``(2) Contents.--An application submitted under paragraph (1)
shall include--
``(A) a description of--
``(i) the need for, and expected benefits of using,
adjunct content specialists in the schools served by 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;
``(ii) 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;
``(iii) 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;
``(iv) how the eligible entity will provide preservice
training and on-going professional development to adjunct
content specialists to ensure that such specialists have
the capacity to serve effectively;
``(v) 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; and
``(vi) 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
``(B) 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 served by 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 low-income families; 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) is not 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.
``Subpart 5--Graduate Fellowships to Prepare Faculty in High-Need Areas
at Colleges of Education
``SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH-NEED
AREAS AT COLLEGES OF EDUCATION.
``(a) Grants by Secretary.--The Secretary shall make grants to
eligible institutions to enable such institutions to make graduate
fellowship awards to qualified individuals in accordance with the
provisions of this section.
``(b) Eligible Institutions.--In this section, the term `eligible
institution' means an institution of higher education, or a consortium
of such institutions, that offers a program of postbaccalaureate study
leading to a doctoral degree.
``(c) Applications.--An eligible institution 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 reasonably require.
``(d) Types of Fellowships Supported.--
``(1) In general.--An eligible institution that receives a
grant under this section shall use the grant funds to provide
graduate fellowships to individuals who are preparing for the
professorate in order to prepare individuals to become highly
qualified elementary school and secondary school mathematics and
science teachers, special education teachers, and teachers who
provide instruction for limited English proficient students.
``(2) Types of study.--A graduate fellowship provided under
this section shall support an individual in pursuing
postbaccalaureate study, which leads to a doctoral degree and may
include a master's degree as part of such study, related to teacher
preparation and pedagogy in one of the following areas:
``(A) Science, technology, engineering, or mathematics, if
the individual has completed a master's degree in mathematics
or science and is pursuing a doctoral degree in mathematics,
science, or education.
``(B) Special education.
``(C) The instruction of limited English proficient
students, including postbaccalaureate study in language
instruction educational programs.
``(e) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--The Secretary shall ensure that an
eligible institution that receives a grant under this section--
``(A) shall provide graduate fellowship awards to
individuals who plan to pursue a career in instruction at an
institution of higher education that has a teacher preparation
program; and
``(B) may not provide a graduate fellowship to an otherwise
eligible individual--
``(i) during periods in which such individual is
enrolled at an institution of higher education unless such
individual is maintaining satisfactory academic progress
in, and devoting full-time study or research to, the
pursuit of the degree for which the fellowship support was
provided; or
``(ii) if the individual 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
individuals's progress toward the degree for which the
fellowship support was provided.
``(2) Amount of fellowship awards.--
``(A) In general.--An eligible institution that receives a
grant under this section shall award stipends to individuals
who are provided graduate fellowships under this section.
``(B) Awards based on need.--A stipend provided under this
section 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 fellowship recipient's
demonstrated need, as determined by the institution of higher
education where the fellowship recipient is enrolled.
``(3) Service requirement.--
``(A) Teaching required.--Each individual who receives a
graduate fellowship under this section and earns a doctoral
degree shall teach for one year at an institution of higher
education that has a teacher preparation program for each year
of fellowship support received under this section.
``(B) Institutional obligation.--Each eligible institution
that receives a grant under this section shall provide an
assurance to the Secretary that the institution has inquired of
and determined the decision of each individual who has received
a graduate fellowship to, within three years of receiving a
doctoral degree, begin employment at an institution of higher
education that has a teacher preparation program, as required
by this section.
``(C) Agreement required.--Prior to receiving an initial
graduate fellowship award, and upon the annual renewal of the
graduate fellowship award, an individual selected to receive a
graduate fellowship under this section shall sign an agreement
with the Secretary agreeing to pursue a career in instruction
at an institution of higher education that has a teacher
preparation program in accordance with subparagraph (A).
``(D) Failure to comply.--If an individual who receives a
graduate fellowship award under this section fails to comply
with the agreement signed pursuant to subparagraph (C), the sum
of the amounts of any graduate fellowship award received by
such recipient shall, upon a determination of such a failure,
be treated as a Federal Direct Unsubsidized Stafford Loan under
part D of title IV, and shall be subject to repayment, together
with interest thereon accruing from the date of the fellowship
award, in accordance with terms and conditions specified by the
Secretary in regulations under this subpart.
``(E) Modified service requirement.--The Secretary may
waive or modify the service requirement of this paragraph in
accordance with regulations promulgated by the Secretary with
respect to the criteria to determine the circumstances under
which compliance with such service requirement is inequitable
or represents a substantial hardship. The Secretary may waive
the service requirement if compliance by the fellowship
recipient is determined to be inequitable or represent a
substantial hardship--
``(i) because the individual is permanently and totally
disabled at the time of the waiver request; or
``(ii) based on documentation presented to the
Secretary of substantial economic or personal hardship.
``(f) Institutional Support for Fellows.--An eligible institution
that receives a grant under this section may reserve not more than ten
percent of the grant amount for academic and career transition support
for graduate fellowship recipients and for meeting the institutional
obligation described in subsection (e)(3)(B).
``(g) Restriction on Use of Funds.--An eligible institution that
receives a grant under this section may not use grant funds for general
operational overhead of the institution.
``PART C--GENERAL PROVISIONS
``SEC. 261. LIMITATIONS.
``(a) Federal Control Prohibited.--Nothing in this title 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 title.
``(b) No Change in State Control Encouraged or Required.--Nothing
in this title 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.
``(c) National System of Teacher Certification or Licensure
Prohibited.--Nothing in this title shall be construed to permit, allow,
encourage, or authorize the Secretary to establish or support any
national system of teacher certification or licensure.
``(d) 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.''.
TITLE III--INSTITUTIONAL AID
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, which may include remedial
education and English language instruction'' 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' families.'';
(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. DEFINITIONS; ELIGIBILITY.
Section 312 (20 U.S.C. 1058) is amended--
(1) in subsection (b)(1)(A), by striking ``subsection (c) of
this section'' and inserting ``subsection (d)'';
(2) in subsection (d)(2), by striking ``subdivision'' and
inserting ``paragraph'';
(3) by redesignating subsection (g) as subsection (h); and
(4) by inserting after subsection (f) the following:
``(g) Low-Income Individual.--For the purpose of this part, 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.''.
SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND
UNIVERSITIES.
Section 316 (20 U.S.C. 1059c) is amended--
(1) by striking subsection (b)(3) and inserting the following:
``(3) Tribal college or university.--The term `Tribal College
or University' means an institution that--
``(A) qualifies for funding under the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1801 et seq.) or the Navajo Community College Assistance Act of
1978 (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).'';
(2) in subsection (c)(2)--
(A) by striking subparagraph (B) and inserting the
following:
``(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;'';
(B) in subparagraph (C), by inserting before the semicolon
at the end the following: ``or in tribal governance or tribal
public policy'';
(C) in subparagraph (D), by inserting before the semicolon
the following: ``and instruction in tribal governance or tribal
public policy'';
(D) by redesignating subparagraphs (G), (H), (I), (J), (K),
and (L) as subparagraphs (H), (I), (J), (K), (L), and (N),
respectively;
(E) by inserting after subparagraph (F) the following:
``(G) education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' families;'';
(F) in subparagraph (L) (as redesignated by subparagraph
(D)), by striking ``and'' after the semicolon;
(G) by inserting after subparagraph (L) (as redesignated by
subparagraph (D) and amended by subparagraph (F)) the
following:
``(M) developing or improving facilities for Internet use
or other distance education technologies; and''; and
(H) in subparagraph (N) (as redesignated by subparagraph
(D)), by striking ``subparagraphs (A) through (K)'' and
inserting ``subparagraphs (A) through (M)''; and
(3) by striking subsection (d) and inserting the following:
``(d) Application, Plan, and Allocation.--
``(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.--
``(A) In general.--A Tribal College or University desiring
to receive assistance under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(B) Streamlined process.--The Secretary shall establish
application requirements in such a manner as to simplify and
streamline the process for applying for grants under this
section.
``(3) Awards and allocations to institutions.--
``(A) Construction grants.--
``(i) In general.--Of the amount appropriated to carry
out this section for any fiscal year, the Secretary may
reserve 30 percent for the purpose of awarding one-year
grants of not less than $1,000,000 to address construction,
maintenance, and renovation needs at eligible institutions.
``(ii) Preference.--In providing grants under clause
(i) 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.
``(B) Allotment of remaining funds.--
``(i) In general.--Except as provided in clause (ii),
the Secretary shall distribute the remaining funds
appropriated for any fiscal year to each eligible
institution as follows:
``(I) 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 Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1801(a))
of the Tribal Colleges and Universities.
``(II) The remaining 40 percent shall be
distributed in equal shares to the eligible Tribal
Colleges and Universities.
``(ii) Minimum grant.--The amount distributed to a
Tribal College or University under clause (i) shall not be
less than $500,000.
``(4) Special rules.--
``(A) Concurrent funding.--No Tribal College or University
that receives funds under this section shall concurrently
receive funds under any other provision of this part, part B,
or part A of title V.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.''.
SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in subparagraph (H), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(I) education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' families.''.
SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS.
(a) In General.--Part A of title III (20 U.S.C. 1057 et seq.) is
amended by adding at the end the following:
``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.--In this section:
``(1) Eligible institution.--The term `eligible institution'
means an institution of higher education that--
``(A) has an enrollment of needy undergraduate students;
``(B) has an average educational and general expenditure
that is 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, except that the Secretary may
apply the waiver requirements described in section 392(b) to
this subparagraph in the same manner as the Secretary applies
the waiver requirements to section 312(b)(1)(B);
``(C) has an enrollment of undergraduate students that is
not less than 40 percent Black American students;
``(D) is legally authorized to provide, and provides,
within the State an educational program for which the
institution of higher education awards a baccalaureate degree
or, in the case of a junior or community college, an
associate's degree;
``(E) 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
``(F) is not receiving assistance under part B or part A of
title V.
``(2) Enrollment of needy students.--The term `enrollment of
needy students' means the enrollment at an eligible institution
with respect to which not less than 50 percent of the undergraduate
students enrolled in an academic program leading to a degree--
``(A) in the second fiscal year preceding the fiscal year
for which the determination is made, were Federal Pell Grant
recipients for such year;
``(B) come from families that receive benefits under a
means-tested Federal benefit program;
``(C) attended a public or nonprofit private secondary
school that--
``(i) is in the school district of a local educational
agency that was eligible for assistance under part A of
title I of the Elementary and Secondary Education Act of
1965 for any year during which the student attended such
secondary school; and
``(ii) for the purpose of this paragraph and for such
year of attendance, 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 meeting a measure of poverty under section
1113(a)(5) of such Act exceeds 30 percent of the total
enrollment of such school; or
``(D) are first-generation college students and a majority
of such first-generation college students are low-income
individuals.
``(3) First-generation college student.--The term `first-
generation college student' has the meaning given the term in
section 402A(h).
``(4) Low-income individual.--The term `low-income individual'
has the meaning given such term in section 402A(h).
``(5) 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 program's benefits, or the amount of such
benefits, are determined on the basis of income or resources of the
individual or family seeking the benefit.
``(6) Predominantly black institution.--The term `Predominantly
Black Institution' means an institution of higher education, as
defined in section 101(a)--
``(A) that is an eligible institution with not less than
1,000 undergraduate students;
``(B) at which not less than 50 percent of the
undergraduate students enrolled at the eligible institution are
low-income individuals or first-generation college students;
and
``(C) at which not less than 50 percent of the
undergraduate students are enrolled in an educational program
leading to a bachelor's or associate's degree that the eligible
institution is licensed to award by the State in which the
eligible institution is located.
``(7) State.--The term `State' means each of the 50 States and
the District of Columbia.
``(c) Grant Authority.--
``(1) In general.--The Secretary is authorized to award grants,
from allotments under subsection (e), to Predominantly Black
Institutions to enable the Predominantly Black Institutions to
carry out the authorized activities described in subsection (d).
``(2) Priority.--In awarding grants under this section the
Secretary shall give priority to Predominantly Black Institutions
with large numbers or percentages of students described in
subsections (b)(1)(A) or (b)(1)(C). The level of priority given to
Predominantly Black Institutions with large numbers or percentages
of students described in subsection (b)(1)(A) shall be twice the
level of priority given to Predominantly Black Institutions with
large numbers or percentages of students described in subsection
(b)(1)(C).
``(d) Authorized Activities.--
``(1) Required activities.--Grant funds provided under this
section shall be used--
``(A) to assist the Predominantly Black 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 students
eligible to participate in programs under title IV by
encouraging college preparation and student persistence in
secondary school and postsecondary education; and
``(C) to strengthen the financial ability of the
Predominantly Black Institution to serve the academic needs of
the students described in subparagraphs (A) and (B).
``(2) Additional activities.--Grant funds provided under this
section shall be used for one or more of the following activities:
``(A) The activities described in paragraphs (1) through
(12) of section 311(c).
``(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 school or secondary school in the State that shall
include, as part of such program, preparation for teacher
certification or licensure.
``(D) 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.
``(E) Other activities proposed in the application
submitted pursuant to subsection (f) that--
``(i) contribute to carrying out the purpose of this
section; and
``(ii) are approved by the Secretary as part of the
review and approval of an application submitted under
subsection (f).
``(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), a
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 grant funds
provided to a Predominantly Black Institution under this section
may be available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional facility.
``(e) Allotments to Predominantly Black Institutions.--
``(1) Federal pell grant basis.--From the amounts 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 (f) a sum that bears the same ratio to
one-half of that amount as the number of Federal 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 Federal Pell Grant recipients at all such
institutions at the end of such academic year.
``(2) Graduates basis.--From the amounts 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 (f) a sum that bears the same ratio to one-fourth
of that amount as the number of graduates for such academic year at
such institution, bears to the total number of graduates for such
academic year at all such institutions.
``(3) Graduates seeking a higher degree basis.--From the
amounts 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 (f) a sum that
bears the same ratio to one-fourth of that amount as the percentage
of graduates from such institution who are admitted to and in
attendance at, not later than two years after graduation with an
associate's degree or a baccalaureate degree, 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 for
all such institutions.
``(4) Minimum allotment.--
``(A) In general.--Notwithstanding paragraphs (1), (2), and
(3), the amount allotted to each Predominantly Black
Institution under this section may not be less than $250,000.
``(B) Insufficient amount.--If the amounts appropriated to
carry out this section for a fiscal year are not sufficient to
pay the minimum allotment provided under subparagraph (A) for
the fiscal year, then the amount of such minimum allotment
shall be ratably reduced. If additional sums become available
for such fiscal year, such reduced allotment shall be increased
on the same basis as the allotment was reduced until the amount
allotted equals the minimum allotment required under
subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4) for
any fiscal year that the Secretary determines will not be needed
for such institution for the period for which such allotment is
available, shall be available for reallotment to other
Predominantly Black Institutions in proportion to the original
allotments 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
determines appropriate.
``(f) Applications.--Each Predominantly Black Institution desiring
a grant under this section 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.
``(g) Application Review Process.--Section 393 shall not apply to
applications under this section.
``(h) Duration and Carryover.--Any grant funds paid to a
Predominantly Black Institution under this section that are not
expended or used for the purposes for which the funds were paid within
ten years following the date on which the grant was awarded, shall be
repaid to the Treasury.
``(i) Special Rule on Eligibility.--No Predominantly Black
Institution that receives funds under this section shall concurrently
receive funds under any other provision of this part, part B, or part A
of title V.''.
(b) Conforming Amendment.--Section 312(d) (20 U.S.C. 1058(d)) is
amended by striking ``For the purpose'' and inserting ``Except as
provided in section 318(b), for the purpose''.
SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding
after section 318 (as added by section 305 of this Act) the following:
``SEC. 319. 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 and low-income individuals.
``(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, as defined in section 101(a),
that, at the time of application--
``(A) is an eligible institution under section 312(b);
``(B) has an enrollment of undergraduate students that is
not less than 10 percent Native American students; and
``(C) 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 and low-income
individuals.
``(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;
``(H) academic tutoring and counseling programs and student
support services; and
``(I) education or counseling services designed to improve
the financial and economic literacy of students or the
students' families.
``(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 reasonably require.
``(2) Applications.--
``(A) Authority 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, continue to 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 five-year plan for improving the assistance
provided by the Native American-serving, nontribal
institution to Native Americans and low-income individuals;
and
``(ii) such other information and assurances as the
Secretary may reasonably require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving, nontribal
institution that receives funds under this section shall
concurrently receive funds under any other provision of this
part, part B, or part A of title V.
``(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.
``(D) Minimum grant amount.--The minimum amount of a grant
under this section shall be $200,000.''.
SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS.
Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding
after section 319 (as added by section 306 of this Act) the following:
``SEC. 320. 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 and low-income individuals.
``(b) Definitions.--In this section:
``(1) Asian american.--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) Asian american and native american pacific islander-
serving institution.--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 not less than 10 percent
students who are Asian American or Native American Pacific
Islander.
``(3) Native american pacific islander.--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.
``(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 and low-income individuals.
``(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
underrepresented;
``(L) conducting research and data collection for Asian
American and Native American Pacific Islander populations and
subpopulations;
``(M) establishing partnerships with community-based
organizations serving Asian Americans and Native American
Pacific Islanders; and
``(N) education or counseling services designed to improve
the financial and economic literacy of students or the
students' families.
``(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
reasonably require.
``(2) Applications.--Any institution that 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 five-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 low-income individuals;
and
``(B) such other information and assurances as the
Secretary may reasonably 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 any other
provision of this part, part B, or title V.
``(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 for
which not less than 10 percent of such institution's Asian
American and Native American Pacific Islander students are
low-income individuals.''.
SEC. 308. PART B DEFINITIONS.
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting ``, in
consultation with the Commissioner for Education Statistics'' before
``and the Commissioner''.
SEC. 309. GRANTS TO INSTITUTIONS.
Section 323(a) (20 U.S.C. 1062(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``360(a)(2)'' and inserting ``399(a)(2)'';
(2) by redesignating paragraph (12) as paragraphs (15); and
(3) by inserting after paragraph (11) the following:
``(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' families, especially with regard to student indebtedness
and student assistance programs under title IV.
``(14) 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.''.
SEC. 310. ALLOTMENTS.
(a) Minimum Allotment.--Subsection (d) of section 324 (20 U.S.C.
1063(d)) is amended to read as follows:
``(d) Minimum Allotment.--Notwithstanding subsections (a) through
(c), and subject to subsection (h), if the amount of an award under
this section for a part B institution, based on the data provided by
the part B institution and the formula under subsections (a) through
(c), would be--
``(1) an amount that is greater than $250,000 but less than
$500,000, the Secretary shall award the part B institution an
allotment in the amount of $500,000; and
``(2) an amount that is equal to or less than $250,000, the
Secretary shall award the part B institution an allotment in the
amount of $250,000.''.
(b) Conditions 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.--
``(1) Student requirements for allotment.--Notwithstanding any
other provision of this section, a part B institution that would
otherwise be eligible for funds under this part shall not receive
an allotment under this part for a fiscal year, including the
minimum allotment under subsection (d), if the part B institution,
in the academic year preceding such fiscal year--
``(A) did not have any enrolled students who were Pell
Grant recipients;
``(B) did not graduate any students; or
``(C) where appropriate, did not have any students who,
within 5 years of graduation from the part B institution, were
admitted to and in attendance at a graduate or professional
school in a degree program in disciplines in which Blacks are
underrepresented.
``(2) Data requirements for allotments.--Notwithstanding any
other provision of this section, a part B institution shall not
receive an allotment under this part for a fiscal year, including
the minimum allotment under subsection (d), unless the institution
provides the Secretary with the data required by the Secretary and
for purposes of the formula described in subsections (a) through
(c), including--
``(A) the number of Pell Grant recipients enrolled in the
part B institution in the academic year preceding such fiscal
year;
``(B) the number of students who earned an associate or
baccalaureate degree from the part B institution in the
academic year preceding such fiscal year; and
``(C) where appropriate, the percentage of students who,
within 5 years of graduation from the part B institution, were
admitted to and in attendance at a graduate or professional
school in a degree program in disciplines in which Blacks are
underrepresented in the academic year preceding such fiscal
year.''.
SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS.
(a) Duration of Grant.--Section 326(b) (20 U.S.C. 1063b(b)) is
amended by adding at the end the following: ``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.''.
(b) Authorized Activities.--Section 326(c) (20 U.S.C. 1063b(c)) is
amended--
(1) in paragraph (5), by striking ``establish or improve'' and
inserting ``establishing or improving'';
(2) in paragraph (6)--
(A) by striking ``assist'' and inserting ``assisting''; and
(B) by striking ``and'' after the semicolon;
(3) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(4) by adding at the end the following:
``(8) acquisition of real property that is adjacent to the
campus 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' families, especially with regard to student indebtedness
and student assistance programs under title IV;
``(10) 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;
``(11) tutoring, counseling, and student service programs
designed to improve academic success; and
``(12) other activities proposed in the application submitted
under subsection (d) 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.''.
(c) Eligibility.--
(1) In general.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is
amended--
(A) in the matter preceding subparagraph (A), by inserting
a colon after ``the following'';
(B) in subparagraph (Q), by striking ``and'' at the end;
(C) in subparagraph (R), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(S) Alabama State University qualified graduate programs;
``(T) Prairie View A&M University qualified graduate
programs;
``(U) Delaware State University qualified graduate
programs;
``(V) Langston University qualified graduate programs;
``(W) Bowie State University qualified graduate programs;
and
``(X) University of the District of Columbia David A.
Clarke School of Law.''.
(2) 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)''.
(3) Additional eligibility changes.--Section 326(e)(2)(A) (20
U.S.C. 1063b(e)(2)(A)) is amended--
(A) by inserting ``in law or'' after ``instruction''; and
(B) by striking ``mathematics, or'' and inserting
``mathematics, psychometrics, or''.
(4) One grant per institution.--Section 326(e)(4) (20 U.S.C.
1063b(e)(4)) is amended by striking ``or university system''.
(d) Funding Rule.--Section 326(f) (20 U.S.C. 1063b(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``$26,600,000'' and inserting
``$56,900,000''; and
(B) by striking ``(P)'' and inserting ``(R)'';
(2) in paragraph (2)--
(A) by striking ``$26,600,000, but not in excess of
$28,600,000'' and inserting ``$56,900,000, but not in excess of
$62,900,000''; and
(B) by striking ``subparagraphs (Q) and (R)'' and inserting
``subparagraphs (S) through (X)''; and
(3) in the matter preceding subparagraph (A) of paragraph (3)--
(A) by striking ``$28,600,000'' and inserting
``$62,900,000''; and
(B) by striking ``(R)'' and inserting ``(X)''.
(e) Hold Harmless Rule.--Section 326(g) (20 U.S.C. 1063(g)) is
amended by striking ``1998'' each place it appears and inserting
``2008''.
(f) Interaction With Other Grant Programs.--Section 326 (as amended
by this section) (20 U.S.C. 1063) is further amended by adding at the
end the following:
``(h) Interaction With Other Grant Programs.--No institution that
is eligible for and receives an award under section 512, 723, or 724
for a fiscal year shall be eligible to apply for a grant, or receive
grant funds, under this section for the same fiscal year.''.
SEC. 312. 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. 313. 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:
``(i) 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. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is amended--
(1) in paragraph (5)(G), by striking ``by a nationally
recognized accrediting agency or association'' and inserting ``by
an accrediting agency or association recognized by the Secretary
under subpart 2 of part H of title IV''; and
(2) in paragraph (8), by inserting ``capital project'' after
``issuing taxable''.
(b) Federal Insurance for Bonds.--Section 343(b) (20 U.S.C.
1066b(b)) is amended--
(1) in paragraph (8)(B)(ii)--
(A) by striking ``10'' and inserting ``5''; and
(B) by inserting ``within 120 days'' after ``loan
proceeds'';
(2) in paragraph (10), by striking ``and'' after the semicolon;
(3) in paragraph (11), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(12) limit loan collateralization, with respect to any loan
made under this part, to 100 percent of the loan amount, except as
otherwise required by 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) in the matter preceding paragraph (1), by striking
``$375,000,000'' and inserting ``$1,100,000,000'';
(2) in paragraph (1), by striking ``$250,000,000'' and
inserting ``$733,333,333''; and
(3) in paragraph (2), by striking ``$125,000,000'' and
inserting ``$366,666,667''.
(d) Authority of the Secretary.--Section 345 (20 U.S.C. 1066d) is
amended--
(1) in paragraph (1), by striking ``enactment of the Higher
Education Amendments of 1992,'' and inserting ``the date of
enactment of the Higher Education Opportunity Act,'';
(2) by redesignating paragraphs (2) through (7) as paragraphs
(4) through (9), respectively;
(3) by inserting after paragraph (1) the following:
``(2) shall ensure that--
``(A) the selection process for the designated bonding
authority is conducted on a competitive basis; and
``(B) the evaluation and selection process is transparent;
``(3) shall--
``(A) review the performance of the designated bonding
authority after the third year of the insurance agreement; and
``(B) following the review described in subparagraph (A),
implement a revised competitive selection process, if
determined necessary by the Secretary in consultation with the
Advisory Board established pursuant to section 347;'';
(4) in paragraph (8) (as redesignated by paragraph (2)), by
striking ``and'' after the semicolon;
(5) in paragraph (9) (as redesignated by paragraph (2)), by
striking the period at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(10) not later than 120 days after the date of enactment of
the Higher Education Opportunity Act, shall submit to the
authorizing committees a report on the progress of the Department
in implementing the recommendations made by the Government
Accountability Office in October 2006 for improving the
Historically Black College and Universities Capital Financing
Program.''.
(e) HBCU Capital Financing Advisory Board.--Section 347 (20 U.S.C.
1066f) is amended--
(1) in subsection (b)(1)--
(A) by striking out ``9 members'' and inserting ``11
members'';
(B) in subparagraph (C), by striking ``Two'' and inserting
``Three''; and
(C) by adding at the end the following:
``(G) The president of the Thurgood Marshall College Fund,
or the designee of the president.''; and
(2) by adding at the end the following:
``(c) Additional Recommendations From Advisory Board.--
``(1) In general.--In addition to the responsibilities of the
Advisory Board described in subsection (a), the Advisory Board
shall advise the Secretary and the authorizing committees
regarding--
``(A) the fiscal status and strategic financial condition
of not less than ten historically Black colleges and
universities that have--
``(i) obtained construction financing through the
program under this part and seek additional financing or
refinancing under such program; or
``(ii) applied for construction financing through the
program under this part but have not received financing
under such program; and
``(B) the feasibility of reducing borrowing costs
associated with the program under this part, including reducing
interest rates.
``(2) Report.--Not later than six months after the date of
enactment of the Higher Education Opportunity Act, the Advisory
Board shall prepare and submit a report to the authorizing
committees regarding the historically Black colleges and
universities described in paragraph (1)(A) that includes
administrative and legislative recommendations for addressing the
issues related to construction financing facing such historically
Black colleges and universities.''.
SEC. 315. 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 the engagement of underrepresented minority youth and youth who
are low-income individuals (as such term is defined in section 302) in
science, technology, engineering, and mathematics through outreach and
hands-on, experiential-based learning projects that encourage students
in kindergarten through grade 12 who are underrepresented minority
youth or low-income individuals 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 five 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 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 mathematics fields (referred to in this
section as `STEM fields') by encouraging young Americans to enter such
fields.
``(b) Design of Campaign.--The campaign under this section shall be
designed to enhance the image of education and professions in the STEM
fields and promote participation in the STEM fields, and may include--
``(1) monitoring trends in youths' 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.--The campaign under this section shall--
``(1) include components that focus tailored messages on
appropriate age groups, starting with elementary school students;
and
``(2) 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.--The campaign under this section shall hold as a
high priority making specific appeals to Hispanic Americans, African
Americans, Native Americans, students with disabilities, and women, who
are currently underrepresented 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.--The campaign under this section
shall make use of a variety of media, with an emphasis on television
advertising, to reach its intended audience.
``(f) Teaching.--The campaign under this section 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 schools and
secondary schools.
``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)(B);
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``institutions of
higher education'' and inserting ``public and private nonprofit
institutions of higher education'';
(B) in subparagraph (C), by inserting before the semicolon
the following: ``, the Department of Defense, or the National
Institutes of Health'';
(C) by striking subparagraph (D) and inserting the
following:
``(D) relevant offices of the National Aeronautics and
Space Administration, National Oceanic and Atmospheric
Administration, National Science Foundation, and National
Institute of Standards and Technology;'';
(D) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(E) by adding at the end the following:
``(F) institutions of higher education that have State-
sponsored centers for research in science, technology,
engineering, and mathematics; or''; and
(3) by adding at the end the following:
``(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. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND OTHER MINORITY-SERVING INSTITUTIONS.
(a) Redesignation and Relocation.--The Act (20 U.S.C. 1001 et seq.)
is further amended--
(1) by redesignating part F of title III as part G of title
III;
(2) by redesignating part J of title IV (as added by section
802 of the College Cost Reduction and Access Act) as part F of
title III, and moving such part so that such part follows part E of
title III; and
(3) by redesignating section 499A (as added by section 802 of
such Act) as section 371.
(b) Conforming Amendments.--Section 371 (as redesignated by
subsection (a)(3)) is amended--
(1) in subsection (b)(2)(C)(i), by striking ``title III'' each
place the term appears and inserting ``this title''; and
(2) in subsection (c)(9)(F), by striking ``title III'' and
inserting ``this title''.
(c) Availability of Funds.--Paragraph (1) of section 371(b) (as
redesignated by subsection (a)(3)) is amended to read as follows:
``(1) In general.--
``(A) Provision of funds.--There shall be available to the
Secretary to carry out this section, from funds in the Treasury
not otherwise appropriated, $255,000,000 for each of the fiscal
years 2008 and 2009. The authority to award grants under this
section shall expire at the end of fiscal year 2009.
``(B) Availability.--Funds made available under
subparagraph (A) for a fiscal year shall remain available for
the next succeeding fiscal year.''.
SEC. 317. TECHNICAL ASSISTANCE.
Section 391 (20 U.S.C. 1068) is amended by adding at the end the
following:
``(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. 318. WAIVER AUTHORITY.
Section 392 (20 U.S.C. 1068a) is amended by adding at the end the
following:
``(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
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 2011 (and may, for
each of the fiscal years 2012 and 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 affected by any formula calculation
for fiscal year 2009 or for any of the four succeeding fiscal
years, as necessary; 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, except that
for any fiscal year for which the funds appropriated for
payments under this title are less than the appropriated level
for fiscal year 2006, the amount made available to such
institutions shall be ratably reduced among the institutions
receiving funds under this title.
``(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 (which term shall have
the meaning given the term `eligible institution' under
section 312(b)); or
``(II) a part B institution, as such term is
defined in section 322(2), or as identified in section
326(e);
``(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. 319. AUTHORIZATION OF APPROPRIATIONS.
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 (other than sections 316 through 320),
$135,000,000 for fiscal year 2009, and such sums as may be
necessary for each of the five 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 five 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 five succeeding fiscal years.
``(D) There are authorized to be appropriated to carry out
section 318, $75,000,000 for fiscal year 2009 and each of the five
succeeding fiscal years.
``(E) There are authorized to be appropriated to carry out
section 319, $25,000,000 for fiscal year 2009, and such sums as may
be necessary for each of the five succeeding fiscal years.
``(F) There are authorized to be appropriated to carry out
section 320, $30,000,000 for fiscal year 2009, and such sums as may
be necessary for each of the five succeeding fiscal years.
``(2) Part b.--(A) There are authorized to be appropriated to
carry out part B (other than section 326), $375,000,000 for fiscal
year 2009, and such sums as may be necessary for each of the five
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 five succeeding fiscal years.
``(3) Part c.--There are authorized to be appropriated to carry
out part C, $10,000,000 for fiscal year 2009, and such sums as may
be necessary for each of the five succeeding fiscal years.
``(4) Part d.--(A) There are authorized to be appropriated to
carry out part D (other than section 345(9), but including section
347), $185,000 for fiscal year 2009, and such sums as may be
necessary for each of the five succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 345(9) such sums as may be necessary for fiscal year 2009
and each of the five 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 five succeeding
fiscal years.
``(B) There are authorized to be appropriated to carry out
subpart 2 of part E, such sums as may be necessary for fiscal year
2009 and each of the five succeeding fiscal years.''.
SEC. 320. TECHNICAL CORRECTIONS.
Title III (20 U.S.C. 1051 et seq.) is further amended--
(1) in section 342(5) (20 U.S.C. 1066a(5))--
(A) in the matter preceding subparagraph (A), by inserting
a comma after ``344(b)''; and
(B) in subparagraph (C), by striking ``equipment
technology,,'' and inserting ``equipment, technology,'';
(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''.
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION
SEC. 401. FEDERAL PELL GRANTS.
(a) Authorized Maximums.--
(1) Amendments.--Section 401(b) (20 U.S.C. 1070a(b)) is
amended--
(A) by amending paragraph (2)(A) to read as follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be--
``(i) $6,000 for academic year 2009-2010;
``(ii) $6,400 for academic year 2010-2011;
``(iii) $6,800 for academic year 2011-2012;
``(iv) $7,200 for academic year 2012-2013;
``(v) $7,600 for academic year 2013-2014; and
``(vi) $8,000 for academic year 2014-2015,
less an amount equal to the amount determined to be the expected family
contribution with respect to that student for that year.'';
(B) by designating the paragraphs following paragraph (2),
in the order in which such paragraphs appear, as paragraphs (3)
through (8);
(C) in paragraph (4) (as designated by subparagraph (B)),
by striking ``$400, except'' and all that follows through the
period and inserting ``ten percent of the maximum basic grant
level specified in the appropriate appropriation Act for such
academic year, except that a student who is eligible for a
Federal Pell Grant in an amount that is equal to or greater
than five percent of such level but less than ten percent of
such level shall be awarded a Federal Pell grant in the amount
of ten percent of such level.'';
(D) by striking paragraph (5) (as designated by
subparagraph (B)) and inserting the following:
``(5)(A) The Secretary shall award a student not more than two
Federal Pell Grants during a single award year to permit such
student to accelerate the student's progress toward a degree or
certificate if the student is enrolled--
``(i) on at least a half-time basis for a period of more
than one academic year, or more than two semesters or an
equivalent period of time, during a single award year; and
``(ii) in a program of instruction at an institution of
higher education for which the institution awards an associate
or baccalaureate degree or a certificate.
``(B) In the case of a student receiving more than one Federal
Pell Grant in a single award year under subparagraph (A), the total
amount of Federal Pell Grants awarded to such student for the award
year may exceed the maximum basic grant level specified in the
appropriate appropriations Act for such award year.'';
(E) in paragraph (7) (as designated by subparagraph (B)),
by inserting before the period the following: ``or who is
subject to an involuntary civil commitment upon completion of a
period of incarceration for a forcible or nonforcible sexual
offense (as determined in accordance with the Federal Bureau of
Investigation's Uniform Crime Reporting Program)''; and
(F) in paragraph (8) (as designated by subparagraph (B))--
(i) by amending subparagraph (D) to read as follows:
``(D) Program requirements and operations otherwise
unaffected.--Except as provided in subparagraphs (B) and (C),
nothing in this paragraph shall be construed to alter the
requirements and operations of the Federal Pell Grant Program
as authorized under this section, or authorize the imposition
of additional requirements or operations for the determination
and allocation of Federal Pell Grants under this section.'';
and
(ii) by amending subparagraph (F) to read as follows:
``(F) Availability of funds.--The amounts made available by
subparagraph (A) for any fiscal year shall be available
beginning on October 1 of that fiscal year, and shall remain
available through September 30 of the succeeding fiscal
year.''.
(2) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by paragraph (1) shall take effect on July
1, 2009.
(B) Special rule.--The amendments made by subparagraph (F)
of paragraph (1) shall take effect on the date of enactment of
this Act.
(b) Maximum Duration of Eligibility.--Section 401(c) (20 U.S.C.
1070a(c)) is amended by adding at the end the following new paragraph:
``(5) The period during which a student may receive Federal Pell
Grants shall not exceed 18 semesters, or the equivalent of 18
semesters, as determined by the Secretary by regulation. Such
regulations shall provide, with respect to a student who received a
Federal Pell Grant for a term but was enrolled at a fraction of full-
time, that only that same fraction of such semester or equivalent shall
count towards such duration limits. The provisions of this paragraph
shall apply only to a student who receives a Federal Pell Grant for the
first time on or after July 1, 2008.''.
(c) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) (20 U.S.C. 1070a(f)) is amended
by adding at the end the following new paragraph:
``(4)(A) Notwithstanding paragraph (1) or any other provision of
this section, the expected family contribution of each student
described in subparagraph (B) shall be deemed to be zero for the period
during which each such student is eligible to receive a Federal Pell
Grant under subsection (c).
``(B) Subparagraph (A) shall apply to any student at an institution
of higher education--
``(i) whose parent or guardian was a member of the Armed Forces
of the United States who died as a result of performing military
service in Iraq or Afghanistan after September 11, 2001; and
``(ii) who was less than 24 years of age, or was enrolled as a
full-time or part-time student at an institution of higher
education, as of the time of the parent or guardian's death.
``(C) Notwithstanding any other provision of law, the Secretary of
Veterans Affairs and the Secretary of Defense, as appropriate, shall
provide the Secretary of Education with information necessary to
determine which students meet the requirements of subparagraph (B).''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on July 1, 2009.
SEC. 402. ACADEMIC COMPETITIVENESS GRANTS.
(a) Amendments.--
(1) In general.--Section 401A (as amended by Public Law 110-
227) (20 U.S.C. 1070a-1) is amended--
(A) in subsection (c)(3)--
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i)(I) successfully completes, after January 1, 2006,
but before July 1, 2009, a rigorous secondary school
program of study established by a State or local
educational agency and recognized as such by the Secretary;
or
``(II) successfully completes, on or after July 1,
2009, a rigorous secondary school program of study that
prepares students for college--
``(aa)(AA) that is recognized as such by the
official designated for such recognition consistent
with State law; and
``(BB) about which the designated official has
reported to the Secretary, at such time as the
Secretary may reasonably require, in order to assist
financial aid administrators to determine that the
student is an eligible student under this section; or
``(bb) that is recognized as such by the Secretary
in regulations promulgated to carry out this section,
as such regulations were in effect on May 6, 2008;
and''; and
(ii) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i)(I) successfully completes, after January 1, 2005,
but before July 1, 2009, a rigorous secondary school
program of study established by a State or local
educational agency and recognized as such by the Secretary;
or
``(II) successfully completes, on or after July 1,
2009, a rigorous secondary school program of study that
prepares students for college--
``(aa)(AA) that is recognized as such by the
official designated for such recognition consistent
with State law; and
``(BB) about which the designated official has
reported to the Secretary, at such time as the
Secretary may reasonably require, in order to assist
financial aid administrators to determine that the
student is an eligible student under this section; or
``(bb) that is recognized as such by the Secretary
in regulations promulgated to carry out this section,
as such regulations were in effect on May 6, 2008;
and''; and
(B) by amending subsection (e)(2) to read as follows:
``(2) Availability of funds.--The amounts made available by
paragraph (1) for any fiscal year shall be available from October 1
of that fiscal year and remain available through September 30 of
the succeeding fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall take effect on October 1, 2008.
(3) Effective date amendment.--Section 10(b) of the Ensuring
Continued Access to Student Loans Act of 2008 is amended by
striking ``January 1'' and inserting ``July 1''.
(b) Waiver of Master Calendar and Negotiated Rulemaking
Requirements.--Sections 482 and 492 of the Higher Education Act of 1965
(20 U.S.C. 1089, 1098a) shall not apply to the amendments made by
subsection (a), or to any regulations promulgated under those
amendments.
(c) Related Amendment to the Ensuring Continued Access to Student
Loans Act of 2008.--
(1) Amendment.--Section 11 of the Ensuring Continued Access to
Student Loans Act of 2008 is amended by striking ``sections 2
through 9 of''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect as if enacted as part of the Ensuring Continued Access
to Student Loans Act of 2008.
SEC. 403. 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 ``including community-based
organizations with experience in serving disadvantaged
youth'' after ``private agencies and organizations''; and
(ii) by striking ``in exceptional circumstances'' and
inserting ``, as appropriate to the purposes of the
program'';
(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) in order 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, institution of
higher education, or secondary school to be served to aid such
participants in preparing for, enrolling in, or succeeding in
postsecondary education, 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'';
(D) in paragraph (6), by adding at the end the following
new sentence: ``The Secretary shall, as appropriate, require
each applicant for funds under the programs authorized by this
chapter to identify and make available services under such
program, including mentoring, tutoring, and other services
provided by such program, to foster care youth (including youth
in foster care and youth who have left foster care after
reaching age 13) or to homeless children and youths as defined
in section 725 of the McKinney-Vento Homeless Assistance
Act.''; and
(E) by adding at the end the following:
``(8) Review and notification by the secretary.--
``(A) Guidance.--Not later than 180 days after the date of
enactment of the Higher Education Opportunity Act, the
Secretary shall issue nonregulatory guidance regarding the
rights and responsibilities of applicants with respect to the
application and evaluation process for programs and projects
assisted under this chapter, including applicant access to peer
review comments. The guidance shall describe the procedures for
the submission, processing, and scoring of applications for
grants under this chapter, including--
``(i) the responsibility of applicants to submit
materials in a timely manner and in accordance with the
processes established by the Secretary under the authority
of the General Education Provisions Act;
``(ii) steps the Secretary will take to ensure that the
materials submitted by applicants are processed in a proper
and timely manner;
``(iii) steps the Secretary will take to ensure that
prior experience points for high quality service delivery
are awarded in an accurate and transparent manner;
``(iv) steps the Secretary will take to ensure the
quality and integrity of the peer review process, including
assurances that peer reviewers will consider applications
for grants under this chapter in a thorough and complete
manner consistent with applicable Federal law; and
``(v) steps the Secretary will take to ensure that the
final score of an application, including prior experience
points for high quality service delivery and points awarded
through the peer review process, is determined in an
accurate and transparent manner.
``(B) Updated guidance.--Not later than 45 days before the
date of the commencement of each competition for a grant under
this chapter that is held after the expiration of the 180-day
period described in subparagraph (A), the Secretary shall
update and publish the guidance described in such subparagraph.
``(C) Review.--
``(i) In general.--With respect to any competition for
a grant under this chapter, an applicant may request a
review by the Secretary if the applicant--
``(I) has evidence of a specific technical,
administrative, or scoring error made by the
Department, an agent of the Department, or a peer
reviewer, with respect to the scoring or processing of
a submitted application; and
``(II) has otherwise met all of the requirements
for submission of the application.
``(ii) Technical or administrative error.--In the case
of evidence of a technical or administrative error listed
in clause (i)(I), the Secretary shall review such evidence
and provide a timely response to the applicant. If the
Secretary determines that a technical or administrative
error was made by the Department or an agent of the
Department, the application of the applicant shall be
reconsidered in the peer review process for the applicable
grant competition.
``(iii) Scoring error.--In the case of evidence of a
scoring error listed in clause (i)(I), when the error
relates to either prior experience points for high quality
service delivery or to the final score of an application,
the Secretary shall--
``(I) review such evidence and provide a timely
response to the applicant; and
``(II) if the Secretary determines that a scoring
error was made by the Department or a peer reviewer,
adjust the prior experience points or final score of
the application appropriately and quickly, so as not to
interfere with the timely awarding of grants for the
applicable grant competition.
``(iv) Error in peer review process.--
``(I) Referral to secondary review.--In the case of
a peer review process error listed in clause (i)(I), if
the Secretary determines that points were withheld for
criteria not required in Federal statute, regulation,
or guidance governing a program assisted under this
chapter or the application for a grant for such
program, or determines that information pertaining to
selection criteria was wrongly determined missing from
an application by a peer reviewer, then the Secretary
shall refer the application to a secondary review
panel.
``(II) Timely review; replacement score.--The
secondary review panel described in subclause (I) shall
conduct a secondary review in a timely fashion, and the
score resulting from the secondary review shall replace
the score from the initial peer review.
``(III) Composition of secondary review panel.--The
secondary review panel shall be composed of reviewers
each of whom--
``(aa) did not review the application in the
original peer review;
``(bb) is a member of the cohort of peer
reviewers for the grant program that is the subject
of such secondary review; and
``(cc) to extent practicable, has conducted
peer reviews in not less than two previous
competitions for the grant program that is the
subject of such secondary review.
``(IV) Final score.--The final peer review score of
an application subject to a secondary review under this
clause shall be adjusted appropriately and quickly
using the score awarded by the secondary review panel,
so as not to interfere with the timely awarding of
grants for the applicable grant competition.
``(V) Qualification for secondary review.--To
qualify for a secondary review under this clause, an
applicant shall have evidence of a scoring error and
demonstrate that--
``(aa) points were withheld for criteria not
required in statute, regulation, or guidance
governing the Federal TRIO programs or the
application for a grant for such programs; or
``(bb) information pertaining to selection
criteria was wrongly determined to be missing from
the application.
``(v) Finality.--
``(I) In general.--A determination by the Secretary
under clause (i), (ii), or (iii) shall not be
reviewable by any officer or employee of the
Department.
``(II) Scoring.--The score awarded by a secondary
review panel under clause (iv) shall not be reviewable
by any officer or employee of the Department other than
the Secretary.
``(vi) Funding of applications with certain adjusted
scores.--To the extent feasible based on the availability
of appropriations, the Secretary shall fund applications
with scores that are adjusted upward under clauses (ii),
(iii), and (iv) to equal or exceed the minimum cut off
score for the applicable grant competition.'';
(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 (h)(4),
individuals who are foster care youth (including youth in foster care
and youth who have left foster care after reaching age 13), or homeless
children and youths 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.'';
(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.--For competitions
for grants under this chapter that begin on or after January 1,
2009, 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 described in
paragraphs (2) and (3).
``(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 with a regular secondary school diploma in the
standard number of years;
``(iv) the completion by such students of a rigorous
secondary school program of study that will make such
students eligible for programs such as the Academic
Competitiveness Grants Program;
``(v) the enrollment of such students in an institution
of higher education; and
``(vi) to the extent practicable, the postsecondary
education completion of such students.
``(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 such
students eligible for programs such as the Academic
Competitiveness Grants Program;
``(vi) the enrollment of such students in an
institution of higher education; and
``(vii) to the extent practicable, the postsecondary
education completion of such students.
``(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 entity met or exceeded the
entity's objectives regarding the percentage of such
students' completion of the degree programs in which such
students were enrolled; 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 such students met or exceeded
the entity's objectives regarding--
``(aa) the completion of a degree or certificate by
such students; and
``(bb) the transfer of such students 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 the students served under
the program who remain 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 served by the program, 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 served by the program, 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 each 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 by the Secretary, with the results
for the criterion, measured as of the last day of the applicable
time period for the determination for the outcome criterion.'';
(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 ``$900,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the five 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 30 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) (as redesignated by subparagraph (A)),
by striking ``subparagraph (A) or (B) of paragraph (3)'' and
inserting ``subparagraph (A), (B), or (C) of paragraph (5)''.
(b) Talent Search.--Section 402B (20 U.S.C. 1070a-12) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``, and facilitate the
application for,'' after ``the availability of''; and
(B) in paragraph (3), by striking ``, but who have the
ability to complete such programs, to reenter'' and inserting
``to enter or reenter, and complete'';
(2) by redesignating subsection (c) as subsection (d);
(3) by striking subsection (b) and inserting the following:
``(b) Required Services.--Any project assisted under this section
shall provide--
``(1) connections to high quality academic tutoring services,
to enable students to complete secondary or postsecondary courses;
``(2) advice and assistance in secondary course selection and,
if applicable, initial postsecondary course selection;
``(3) assistance in preparing for college entrance examinations
and completing college admission applications;
``(4)(A) information on the full range of Federal student
financial aid programs and benefits (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public and
private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid described in
section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for secondary school
dropouts that lead to the receipt of a regular secondary school
diploma;
``(C) entry into general educational development (GED)
programs; or
``(D) postsecondary education; and
``(6) connections to education or counseling services designed
to improve the financial literacy and economic literacy of students
or the students' parents, including financial planning for
postsecondary education.
``(c) Permissible Services.--Any project assisted under this
section may provide services such as--
``(1) academic tutoring, which may include instruction in
reading, writing, study skills, mathematics, science, and other
subjects;
``(2) personal and career counseling or activities;
``(3) information and activities designed to acquaint youth
with the range of career options available to the youth;
``(4) exposure to the campuses of institutions of higher
education, as well as cultural events, academic programs, and other
sites or activities not usually available to disadvantaged youth;
``(5) workshops and counseling for families of students served;
``(6) mentoring programs involving elementary or secondary
school teachers or counselors, faculty members at institutions of
higher education, students, or any combination of such persons; and
``(7) programs and activities as described in subsection (b) or
paragraphs (1) through (6) of this subsection that are specially
designed for students who are limited English proficient, students
from groups that are traditionally underrepresented in
postsecondary education, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), students who are in foster care or are aging out
of the foster care system, or other disconnected students.''; and
(4) in the matter preceding paragraph (1) of subsection (d) (as
redesignated by paragraph (2)), by striking ``talent search
projects under this chapter'' and inserting ``projects under this
section''.
(c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Required Services.--Any project assisted under this section
shall provide--
``(1) academic tutoring to enable students to complete
secondary or postsecondary courses, which may include instruction
in reading, writing, study skills, mathematics, science, and other
subjects;
``(2) advice and assistance in secondary and postsecondary
course selection;
``(3) assistance in preparing for college entrance examinations
and completing college admission applications;
``(4)(A) information on the full range of Federal student
financial aid programs and benefits (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public and
private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid described in
section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for secondary school
dropouts that lead to the receipt of a regular secondary school
diploma;
``(C) entry into general educational development (GED)
programs; or
``(D) postsecondary education; and
``(6) education or counseling services designed to improve the
financial literacy and economic literacy of students or the
students' parents, including financial planning for postsecondary
education.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Required
Services'' and inserting ``Additional Required Services for
Multiple-Year Grant Recipients''; and
(B) by striking ``upward bound project assisted under this
chapter'' and inserting ``project assisted under this
section'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Permissible Services.--Any project assisted under this
section may provide such services as--
``(1) exposure to cultural events, academic programs, and other
activities not usually available to disadvantaged youth;
``(2) information, activities, and instruction designed to
acquaint youth participating in the project with the range of
career options available to the youth;
``(3) on-campus residential programs;
``(4) mentoring programs involving elementary school or
secondary school teachers or counselors, faculty members at
institutions of higher education, students, or any combination of
such persons;
``(5) work-study positions where youth participating in the
project are exposed to careers requiring a postsecondary degree;
``(6) special services, including mathematics and science
preparation, to enable veterans to make the transition to
postsecondary education; and
``(7) programs and activities as described in subsection (b),
subsection (c), or paragraphs (1) through (6) of this subsection
that are specially designed for students who are limited English
proficient, students from groups that are traditionally
underrepresented in postsecondary education, students with
disabilities, students who are homeless children and youths (as
such term is defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), students who are in foster care
or are aging out of the foster care system, or other disconnected
students.'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) in the matter preceding paragraph (1), by striking
``upward bound projects under this chapter'' and inserting
``projects under this section'';
(B) in paragraph (2), by striking ``either low-income'' and
all that follows through the semicolon and inserting ``low-
income individuals, first generation college students, or
students who have a high risk for academic failure;'';
(C) in paragraph (3), by striking ``and'' after the
semicolon;
(D) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(5) require an assurance that no student will be denied
participation in a project assisted under this section because the
student will enter the project after the 9th grade.'';
(6) in subsection (f) (as redesignated by paragraph (3))--
(A) by striking ``during June, July, and August'' each
place the term occurs and inserting ``during the summer school
recess, for a period not to exceed three months''; and
(B) by striking ``(b)(10)'' and inserting ``(d)(5)''; and
(7) by adding at the end the following:
``(h) 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 the 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 (20 U.S.C. 1070a-14) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' after the
semicolon; and
(B) by striking paragraph (3) and inserting the following:
``(3) to foster an institutional climate supportive of the
success of students who are limited English proficient, students
from groups that are traditionally underrepresented in
postsecondary education, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), students who are in foster care or are aging out
of the foster care system, or other disconnected students; and
``(4) to improve the financial literacy and economic literacy
of students, including--
``(A) basic personal income, household money management,
and financial planning skills; and
``(B) basic economic decisionmaking skills.'';
(2) by redesignating subsections (c) and (d) as subsections (d)
and (e);
(3) by striking subsection (b) and inserting the following:
``(b) Required Services.--A project assisted under this section
shall provide--
``(1) academic tutoring, directly or through other services
provided by the institution, to enable students to complete
postsecondary courses, which may include instruction in reading,
writing, study skills, mathematics, science, and other subjects;
``(2) advice and assistance in postsecondary course selection;
``(3)(A) information on both the full range of Federal student
financial aid programs and benefits (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public and
private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid described in
section 483(a);
``(4) education or counseling services designed to improve the
financial literacy and economic literacy of students, including
financial planning for postsecondary education;
``(5) activities designed to assist students participating in
the project in applying for admission to, and obtaining financial
assistance for enrollment in, graduate and professional programs;
and
``(6) activities designed to assist students enrolled in two-
year institutions of higher education in applying for admission to,
and obtaining financial assistance for enrollment in, a four-year
program of postsecondary education.
``(c) Permissible Services.--A project assisted under this section
may provide services such as--
``(1) individualized counseling for personal, career, and
academic matters provided by assigned counselors;
``(2) information, activities, and instruction designed to
acquaint students participating in the project with the range of
career options available to the students;
``(3) exposure to cultural events and academic programs not
usually available to disadvantaged students;
``(4) mentoring programs involving faculty or upper class
students, or a combination thereof;
``(5) securing temporary housing during breaks in the academic
year for--
``(A) students who are homeless children and youths (as
such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly
homeless children and youths; and
``(B) students who are in foster care or are aging out of
the foster care system; and
``(6) programs and activities as described in subsection (b) or
paragraphs (1) through (4) of this subsection that are specially
designed for students who are limited English proficient, students
from groups that are traditionally underrepresented in
postsecondary education, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), students who are in foster care or are aging out
of the foster care system, or other disconnected students.'';
(4) in subsection (d)(1) (as redesignated by paragraph (2)), by
striking ``subsection (b)'' and inserting ``subsection (c)''; and
(5) in the matter preceding paragraph (1) of subsection (e) (as
redesignated by paragraph (2)), by striking ``student support
services projects under this chapter'' and inserting ``projects
under this section''.
(e) Postbaccalaureate Achievement Program Authority.--Section 402E
(20 U.S.C. 1070a-15) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting ``Required''
before ``Services'';
(B) in the matter preceding paragraph (1), by striking ``A
postbaccalaureate achievement project assisted under this
section may provide services such as--'' and inserting ``A
project assisted under this section shall provide--'';
(C) in paragraph (5), by inserting ``and'' after the
semicolon;
(D) in paragraph (6), by striking the semicolon and
inserting a period; and
(E) by striking paragraphs (7) and (8);
(2) by redesignating subsections (c) through (f) as subsections
(d) through (g), respectively;
(3) by inserting after subsection (b) the following:
``(c) Permissible Services.--A project assisted under this section
may provide services such as--
``(1) education or counseling services designed to improve the
financial literacy and economic literacy of students, including
financial planning for postsecondary education;
``(2) mentoring programs involving faculty members at
institutions of higher education, students, or any combination of
such persons; and
``(3) exposure to cultural events and academic programs not
usually available to disadvantaged students.'';
(4) in subsection (d) (as redesignated by paragraph (2))--
(A) in the matter preceding paragraph (1), by striking
``postbaccalaureate achievement''; and
(B) in paragraph (2), by inserting after ``graduate
education'' the following: ``, including--
``(A) Alaska Natives, as defined in section 7306 of the
Elementary and Secondary Education Act of 1965;
``(B) Native Hawaiians, as defined in section 7207 of such
Act; and
``(C) Native American Pacific Islanders, as defined in
section 320.'';
(5) in the matter preceding paragraph (1) of subsection (f) (as
redesignated by paragraph (2)), by striking ``postbaccalaureate
achievement project'' and inserting ``project under this section'';
and
(6) in subsection (g) (as redesignated by paragraph (2))--
(A) by striking ``402A(f)'' and inserting ``402A(g)''; and
(B) by striking ``1993 through 1997'' and inserting ``2009
through 2014''.
(f) Educational Opportunity Centers.--Section 402F (20 U.S.C.
1070a-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) to improve the financial literacy and economic literacy
of students, including--
``(A) basic personal income, household money management,
and financial planning skills; and
``(B) basic economic decisionmaking skills.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11), respectively;
(B) by inserting after paragraph (4) the following:
``(5) education or counseling services designed to improve the
financial literacy and economic literacy of students;'';
(C) by striking paragraph (7) (as redesignated by
subparagraph (A)) and inserting the following:
``(7) individualized personal, career, and academic
counseling;''; and
(D) by striking paragraph (11) (as redesignated by
subparagraph (A)) and inserting the following:
``(11) programs and activities as described in paragraphs (1)
through (10) that are specially designed for students who are
limited English proficient, students from groups that are
traditionally underrepresented in postsecondary education, students
with disabilities, students who are homeless children and youths
(as such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)), students who are in
foster care or are aging out of the foster care system, or other
disconnected students.''.
(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 who are limited English proficient,
students from groups that are traditionally underrepresented in
postsecondary education, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), students who are in foster care or are aging out
of the foster care system, or other disconnected students.''.
(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.--
``(1) In general.--The Secretary shall submit annually, to the
authorizing committees, a report that documents the performance of
all programs funded under this chapter. Such report shall--
``(A) be submitted not later than 12 months after the
eligible entities receiving funds under this chapter are
required to report their performance to the Secretary;
``(B) focus on the programs' performance on the relevant
outcome criteria determined under section 402A(f)(4);
``(C) aggregate individual project performance data on the
outcome criteria in order to provide national performance data
for each program;
``(D) include, when appropriate, descriptive data, multi-
year data, and multi-cohort data; and
``(E) include comparable data on the performance nationally
of low-income students, first-generation students, and students
with disabilities.
``(2) Information.--The Secretary shall provide, with each
report submitted under paragraph (1), information on the impact of
the secondary review process described in section
402A(c)(8)(C)(iv), including the number and type of secondary
reviews, the disposition of the secondary reviews, the effect on
timing of awards, and any other information the Secretary
determines is necessary.''; and
(4) in subsection (b) (as redesignated by paragraph (2)), by
striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--
``(A) Authorization of grants and contracts.--For the
purpose of improving the effectiveness of the programs and
projects assisted under this chapter, the Secretary shall make
grants to, or enter into contracts with, institutions of higher
education and other public and private institutions and
organizations to rigorously evaluate the effectiveness of the
programs and projects assisted under this chapter, including a
rigorous evaluation of the programs and projects assisted under
section 402C. The evaluation of the programs and projects
assisted under section 402C shall be implemented not later than
June 30, 2010.
``(B) Content of upward bound evaluation.--The evaluation
of the programs and projects assisted under section 402C that
is described in subparagraph (A) shall examine the
characteristics of the students who benefit most from the
Upward Bound program under section 402C and the characteristics
of the programs and projects that most benefit students.
``(C) Implementation.--Each evaluation described in this
paragraph shall be implemented in accordance with the
requirements of this section.
``(2) Practices.--
``(A) In general.--The evaluations described in paragraph
(1) shall identify institutional, community, and program or
project practices that are effective in--
``(i) enhancing the access of low-income individuals
and first-generation college students to postsecondary
education;
``(ii) the preparation of such 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 the evaluation's 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). The practices may be used by eligible
entities that receive assistance under this chapter after the
dissemination.
``(3) Special rule related to evaluation participation.--The
Secretary shall not require an eligible entity, as a condition for
receiving, or that receives, assistance under any program or
project under this chapter to participate in an evaluation under
this section that--
``(A) requires the eligible entity to recruit additional
students beyond those the program or project would normally
recruit; or
``(B) results in the denial of services for an eligible
student under the program or project.
``(4) Consideration.--When designing an evaluation under this
subsection, the Secretary shall continue to consider--
``(A) the burden placed on the program participants or the
eligible entity; and
``(B) whether the evaluation meets generally accepted
standards of institutional review boards.''.
SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS.
(a) Early Intervention and College Awareness Program Authorized.--
Section 404A (20 U.S.C. 1070a-21) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Program Authorized.--The Secretary is authorized, in
accordance with the requirements of this chapter, to establish a
program that encourages eligible entities to provide support, and
maintain a commitment, to eligible low-income students, including
students with disabilities, to assist the students in obtaining a
secondary school diploma (or its recognized equivalent) and to prepare
for and succeed in postsecondary education, by providing--
``(1) financial assistance, academic support, additional
counseling, mentoring, outreach, and supportive services to
secondary school students, including students with disabilities, to
reduce--
``(A) the risk of such students dropping out of school; or
``(B) the need for remedial education for such students at
the postsecondary level; and
``(2) information to students and their families about the
advantages of obtaining a postsecondary education and, college
financing options for the students and their families.'';
(2) in subsection (b), 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--
``(A) six years; or
``(B) in the case of an eligible entity that applies for a
grant under this chapter for seven years to enable the eligible
entity to provide services to a student through the student's
first year of attendance at an institution of higher education,
seven 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
Higher Education Opportunity Act, 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 Higher Education
Opportunity Act continue to receive assistance through the
completion of secondary school.''; and
(3) in subsection (c), by striking paragraph (2) and inserting
the following:
``(2) a partnership--
``(A) consisting of--
``(i) one or more local educational agencies; and
``(ii) one or more degree granting institutions of
higher education; and
``(B) which may include not less than two other community
organizations or entities, such as businesses, professional
organizations, State agencies, institutions or agencies
sponsoring programs authorized under subpart 4, or other public
or private agencies or organizations.''.
(b) Requirements.--Section 404B (20 U.S.C. 1070a-22) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Funding Rules.--In awarding grants from the amount
appropriated under section 404H for a fiscal year, the Secretary shall
make available--
``(1) to eligible entities described in section 404A(c)(1), not
less than 33 percent of such amount;
``(2) to eligible entities described in section 404A(c)(2), not
less than 33 percent of such amount; and
``(3) to eligible entities described in paragraph (1) or (2) of
section 404A(c), the remainder of such amount taking into
consideration the number, quality, and promise of the applications
for the grants, and, to the extent practicable--
``(A) the geographic distribution of such grant awards; and
``(B) the distribution of such grant awards between urban
and rural applicants.'';
(2) by striking subsections (b), (e), and (f);
(3) by redesignating subsections (c), (d), and (g), as
subsections (b), (c), and (d), respectively;
(4) in subsection (d)(1) (as redesignated by paragraph (3))--
(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 to the extent the
provision of such services was described in the eligible
entity's application for assistance under this chapter''
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.''; and
(5) by adding at the end the following:
``(e) Supplement, Not Supplant.--Grant funds awarded under this
chapter shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities assisted under this chapter.''.
(c) Application.--Section 404C (20 U.S.C. 1070a-23) is amended--
(1) in the section heading, by striking ``eligible entity
plans'' and inserting ``applications'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Plan'' and
inserting ``Application'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and inserting ``an
application''; and
(ii) by striking the second sentence; and
(C) by striking paragraph (2) and inserting the following:
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall be in such form, contain or be accompanied by
such information or assurances, and be submitted at such time as
the Secretary may reasonably require. Each such application shall,
at a minimum--
``(A) describe the activities for which assistance under
this chapter is sought, including how the eligible entity will
carry out the required activities described in section 404D(a);
``(B) describe, in the case of an eligible entity described
in section 404A(c)(2) that chooses to provide scholarships, or
an eligible entity described in section 404A(c)(1), how the
eligible entity will meet the requirements of section 404E;
``(C) describe, in the case of an eligible entity described
in section 404A(c)(2) that requests a reduced match percentage
under subsection (b)(2), how such reduction will assist the
entity to provide the scholarships described in subsection
(b)(2)(A)(ii);
``(D) provide assurances that adequate administrative and
support staff will be responsible for coordinating the
activities described in section 404D;
``(E) provide assurances that activities assisted under
this chapter will not displace an employee or eliminate a
position at a school assisted under this chapter, including a
partial displacement such as a reduction in hours, wages, or
employment benefits;
``(F) describe, in the case of an eligible entity described
in section 404A(c)(1) that chooses to use a cohort approach, or
an eligible entity described in section 404A(c)(2), how the
eligible entity will define the cohorts of the students served
by the eligible entity pursuant to section 404B(d), and how the
eligible entity will serve the cohorts through grade 12,
including--
``(i) how vacancies in the program under this chapter
will be filled; and
``(ii) how the eligible entity will serve students
attending different secondary schools;
``(G) describe how the eligible entity will coordinate
programs under this chapter with other existing Federal, State,
or local programs to avoid duplication and maximize the number
of students served;
``(H) provide such additional assurances as the Secretary
determines necessary to ensure compliance with the requirements
of this chapter;
``(I) provide information about the activities that will be
carried out by the eligible entity to support systemic changes
from which future cohorts of students will benefit; and
``(J) describe the sources of matching funds that will
enable the eligible entity to meet the matching requirement
described in subsection (b).'';
(3) in subsection (b)--
(A) in the matter preceding subparagraph (A) of paragraph
(1)--
(i) by striking ``a plan'' and inserting ``an
application''; and
(ii) by striking ``such plan'' and inserting ``such
application'';
(B) in paragraph (1)(A), by inserting ``and may be accrued
over the full duration of the grant award period, except that
the eligible entity shall make substantial progress towards
meeting the matching requirement in each year of the grant
award period'' after ``in cash or in-kind''; and
(C) in paragraph (2), by adding at the end the following
new sentence: ``The Secretary may approve an eligible entity's
request for a reduced match percentage--
``(A) at the time of application--
``(i) if the eligible entity demonstrates significant
economic hardship that precludes the eligible entity from
meeting the matching requirement; or
``(ii) if the eligible entity is described in section
404A(c)(2) and requests that contributions to the eligible
entity's scholarship fund established under section 404E be
matched on a two to one basis; or
``(B) in response to a petition by an eligible entity
subsequent to a grant award under this section if the eligible
entity demonstrates that the matching funds described in its
application are no longer available and the eligible entity has
exhausted all revenues for replacing such matching funds.'';
and
(4) in subsection (c)--
(A) in paragraph (1)--
(i) 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,''; and
(ii) by striking the semicolon at the end and inserting
``including--
``(A) the amount contributed to a student scholarship fund
established under section 404E; and
``(B) the amount of the costs of administering the
scholarship program under section 404E;'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) other resources recognized by the Secretary, including
equipment and supplies, cash contributions from non-Federal
sources, transportation expenses, in-kind or discounted program
services, indirect costs, and facility usage.''.
(d) Activities.--Section 404D (20 U.S.C. 1070a-24) is amended to
read as follows:
``SEC. 404D. ACTIVITIES.
``(a) Required Activities.--Each eligible entity receiving a grant
under this chapter shall provide comprehensive mentoring, outreach, and
supportive services to students participating in the programs under
this chapter. Such activities shall include the following:
``(1) Providing information regarding financial aid for
postsecondary education to participating students in the cohort
described in section 404B(d)(1)(A) or to priority students
described in subsection (d).
``(2) Encouraging student enrollment in rigorous and
challenging curricula and coursework, in order to reduce the need
for remedial coursework at the postsecondary level.
``(3) Improving the number of participating students who--
``(A) obtain a secondary school diploma; and
``(B) complete applications for and enroll in a program of
postsecondary education.
``(4) In the case of an eligible entity described in section
404A(c)(1), providing for the scholarships described in section
404E.
``(b) Permissible Activities for States and Partnerships.--An
eligible entity that receives a grant under this chapter may use grant
funds to carry out one or more of the following activities:
``(1) Providing tutors and mentors, who may include adults or
former participants of a program under this chapter, for eligible
students.
``(2) Conducting outreach activities to recruit priority
students described in subsection (d) to participate in program
activities.
``(3) Providing supportive services to eligible students.
``(4) Supporting the development or implementation of rigorous
academic curricula, which may include college preparatory, Advanced
Placement, or International Baccalaureate programs, and providing
participating students access to rigorous core academic courses
that reflect challenging State academic standards.
``(5) Supporting dual or concurrent enrollment programs between
the secondary school and institution of higher education partners
of an eligible entity described in section 404A(c)(2), and other
activities that support participating students in--
``(A) meeting challenging State academic standards;
``(B) successfully applying for postsecondary education;
``(C) successfully applying for student financial aid; and
``(D) developing graduation and career plans.
``(6) Providing special programs or tutoring in science,
technology, engineering, or mathematics.
``(7) In the case of an eligible entity described in section
404A(c)(2), providing support for scholarships described in section
404E.
``(8) Introducing eligible students to institutions of higher
education, through trips and school-based sessions.
``(9) Providing an intensive extended school day, school year,
or summer program that offers--
``(A) additional academic classes; or
``(B) assistance with college admission applications.
``(10) Providing other activities designed to ensure secondary
school completion and postsecondary education enrollment of at-risk
children, such as--
``(A) the identification of at-risk children;
``(B) after-school and summer tutoring;
``(C) assistance to at-risk children in obtaining summer
jobs;
``(D) academic counseling;
``(E) financial literacy and economic literacy education or
counseling;
``(F) volunteer and parent involvement;
``(G) encouraging former or current participants of a
program under this chapter to serve as peer counselors;
``(H) skills assessments;
``(I) personal and family counseling, and home visits;
``(J) staff development; and
``(K) programs and activities described in this subsection
that are specially designed for students who are limited
English proficient.
``(11) Enabling eligible students to enroll in Advanced
Placement or International Baccalaureate courses, or college
entrance examination preparation courses.
``(12) Providing services to eligible students in the
participating cohort described in section 404B(d)(1)(A), through
the first year of attendance at an institution of higher education.
``(13) 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.
``(14) 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 to eligible students, their
families, and communities.
``(15) In the event that matching funds described in the
application are no longer available, engaging entities described in
section 404A(c)(2) in a collaborative manner to provide matching
resources and participate in other activities authorized under this
section.
``(c) Additional Permissible Activities for States.--In addition to
the required activities described in subsection (a) and the permissible
activities described in subsection (b), an eligible entity described in
section 404A(c)(1) receiving funds under this chapter may use grant
funds to carry out one or more of the following activities:
``(1) Providing technical assistance to--
``(A) secondary schools that are located within the State;
or
``(B) partnerships described in section 404A(c)(2) that are
located within the State.
``(2) Providing professional development opportunities to
individuals working with eligible cohorts of students described in
section 404B(d)(1)(A).
``(3) Providing administrative support to help build the
capacity of eligible entities described in section 404A(c)(2) to
compete for and manage grants awarded under this chapter.
``(4) Providing strategies and activities that align efforts in
the State to prepare eligible students to attend and succeed in
postsecondary education, which may include the development of
graduation and career plans.
``(5) Disseminating information on the use of scientifically
valid research and best practices to improve services for eligible
students.
``(6)(A) Disseminating information on effective coursework and
support services that assist students in obtaining the goals
described in subparagraph (B)(ii).
``(B) Identifying and disseminating information on best
practices with respect to--
``(i) increasing parental involvement; and
``(ii) preparing students, including students with
disabilities and students who are limited English proficient,
to succeed academically in, and prepare financially for,
postsecondary education.
``(7) Working to align State academic standards and curricula
with the expectations of postsecondary institutions and employers.
``(8) Developing alternatives to traditional secondary school
that give students a head start on attaining a recognized
postsecondary credential (including an industry-recognized
certificate, an apprenticeship, or an associate's or a bachelor's
degree), including school designs that give students early exposure
to college-level courses and experiences and allow students to earn
transferable college credits or an associate's degree at the same
time as a secondary school diploma.
``(9) Creating community college programs for drop-outs that
are personalized drop-out recovery programs that allow drop-outs to
complete a regular secondary school diploma and begin college-level
work.
``(d) Priority Students.--For eligible entities not using a cohort
approach, the eligible entity shall treat as a priority student any
student in secondary school who is--
``(1) eligible to be counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965;
``(2) eligible for assistance under a State program funded
under part A or E of title IV of the Social Security Act (42 U.S.C.
601 et seq., 670 et seq.);
``(3) eligible for assistance under subtitle B of title VII of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.); or
``(4) otherwise considered by the eligible entity to be a
disconnected student.
``(e) Allowable Providers.--In the case of eligible entities
described in section 404A(c)(1), the activities required by this
section may be provided by service providers such as community-based
organizations, schools, institutions of higher education, public and
private agencies, nonprofit and philanthropic organizations,
businesses, institutions and agencies sponsoring programs authorized
under subpart 4, and other organizations the State determines
appropriate.''.
(e) Scholarship Component.--Section 404E (20 U.S.C. 1070a-25) is
amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsections (b), (c), and (d) as
subsections (d), (f), and (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Limitation.--
``(1) In general.--Subject to paragraph (2), each eligible
entity described in section 404A(c)(1) that receives a grant under
this chapter shall use not less than 25 percent and not more than
50 percent of the grant funds for activities described in section
404D (except for the activity described in subsection (a)(4) of
such section), with the remainder of such funds to be used for a
scholarship program under this section in accordance with such
subsection.
``(2) Exception.--Notwithstanding paragraph (1), the Secretary
may allow an eligible entity to use more than 50 percent of grant
funds received under this chapter for such activities, if the
eligible entity demonstrates that the eligible entity has another
means of providing the students with the financial assistance
described in this section and describes such means in the
application submitted under section 404C.
``(c) Notification of Eligibility.--Each eligible entity providing
scholarships under this section shall provide information on the
eligibility requirements for the scholarships to all participating
students upon the students' entry into the programs assisted under this
chapter.'';
(4) in subsection (d) (as redesignated by paragraph (2)), by
striking ``the lesser of'' and all that follows through the period
at the end of paragraph (2) of such subsection (d) and inserting
``the minimum Federal Pell Grant award under section 401 for such
award year.'';
(5) by inserting after subsection (d) (as redesignated by
paragraph (2) and amended by paragraph (4)) the following:
``(e) Portability of Assistance.--
``(1) In general.--Each eligible entity described in section
404A(c)(1) that receives a grant under this chapter shall hold in
reserve, for the students served by such grant as described in
section 404B(d)(1)(A) or 404D(d), an amount that is not less than
the minimum scholarship amount described in subsection (d),
multiplied by the number of students the eligible entity estimates
will meet the requirements of paragraph (2).
``(2) Requirement for portability.--Funds held in reserve under
paragraph (1) shall be made available to an eligible student when
the eligible student has--
``(A) completed a secondary school diploma, its recognized
equivalent, or another recognized alternative standard for
individuals with disabilities; and
``(B) enrolled in an institution of higher education.
``(3) Qualified educational expenses.--Funds available to an
eligible student under this subsection may be used for--
``(A) tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of the eligible
student at an institution of higher education; and
``(B) in the case of an eligible student with special
needs, expenses for special needs services that are incurred in
connection with such enrollment or attendance.
``(4) Return of funds.--
``(A) Redistribution.--
``(i) In general.--Funds held in reserve under
paragraph (1) that are not used by an eligible student
within six years of the student's scheduled completion of
secondary school may be redistributed by the eligible
entity to other eligible students.
``(ii) Return of excess to the secretary.--If, after
meeting the requirements of paragraph (1) and, if
applicable, redistributing excess funds in accordance with
clause (i) of this subparagraph, an eligible entity has
funds held in reserve under paragraph (1) that remain
available, the eligible entity shall return such remaining
reserved funds to the Secretary for distribution to other
grantees under this chapter in accordance with the funding
rules described in section 404B(a).
``(B) Nonparticipating entity.--Notwithstanding
subparagraph (A), in the case of an eligible entity that does
not receive assistance under this subpart for six fiscal years,
the eligible entity shall return any funds held in reserve
under paragraph (1) that are not awarded or obligated to
eligible students to the Secretary for distribution to other
grantees under this chapter.''; and
(6) in subsection (g)(4) (as redesignated by paragraph (2)), by
striking ``early intervention component required under section
404D'' and inserting ``activities required under section 404D(a)''.
(f) 21st Century Scholar Certificates.--Section 404F (20 U.S.C.
1070a-26) is amended by striking subsections (a) and (b) and inserting
the following:
``(a) In General.--An eligible entity that receives a grant under
this chapter shall provide certificates, to be known as 21st Century
Scholar Certificates, to all students served by the eligible entity who
are participating in a program under this chapter.
``(b) Information Required.--A 21st Century Scholar Certificate
shall be personalized for each student and indicate the amount of
Federal financial aid for college and the estimated amount of any
scholarship provided under section 404E, if applicable, that a student
may be eligible to receive.''.
(g) Evaluation.--Section 404G(c) (20 U.S.C. 1070a-27(c)) is amended
by adding at the end the following: ``Such evaluation shall include a
separate analysis of--
``(1) the implementation of the scholarship component described
in section 404E; and
``(2) the use of methods for complying with matching
requirements described in paragraphs (1) and (2) of section
404C(c).''.
(h) Authorization of Appropriations.--Section 404H (20 U.S.C.
1070a-28) is amended by striking ``$200,000,000 for fiscal year 1999''
and all that follows through the period and inserting ``$400,000,000
for fiscal year 2009 and such sums as may be necessary for each of the
five succeeding fiscal years.''.
SEC. 405. 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. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.
(a) Appropriations Authorized.--Section 413A(b)(1) (20 U.S.C.
1070b(b)(1)) is amended by striking ``$675,000,000 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 five
succeeding fiscal years.''.
(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''.
(c) Technical Correction.--Section 413D(a)(1) (20 U.S.C. 1070b-
3(a)(1)) is amended by striking ``such institution'' and all that
follows through the period and inserting ``such institution received
under subsections (a) and (b) of this section for fiscal year 1999 (as
such subsections were in effect with respect to allocations for such
fiscal year).''.
SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.
(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 five 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.--Section 415C(b) (20 U.S.C. 1070c-2(b)) is
amended--
(1) in paragraph (2), by striking ``not in excess of $5,000 per
academic year'' and inserting ``not to exceed the lesser of $12,500
or the student's cost of attendance per academic year''; and
(2) in paragraph (9), by striking ``and'' after the semicolon;
(3) in paragraph (10)--
(A) by striking ``a direct appropriation of''; and
(B) 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, the State, and,
where applicable, other contributing partners.''.
(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, including community-
based organizations, in order to--
``(A) carry out activities under this section; and
``(B) provide coordination and cohesion among Federal,
State, and local governmental and private efforts that provide
financial assistance to help low-income students attend an
institution of higher education;
``(2) provide need-based grants for access and persistence to
eligible low-income students;
``(3) provide early notification to low-income students of the
students' 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, as described in paragraph (2), 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 such State's
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
described in 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 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 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 need 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 on behalf of a partnership
described in paragraph (3) 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) An assurance 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
partnerships with entities described in subsection (a)(1),
in which such entities match State funds for student
scholarships, may apply such matching funds from such
entities toward fulfilling the State's matching obligation
under this clause.
``(iii) An assurance that the State will use funds
provided under this section to supplement, and not
supplant, Federal and State funds available for carrying
out the activities under this title.
``(iv) An assurance 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.
``(v) A description of the organizational structure
that the State has in place to administer the activities
under subsection (d), including a description of how the
State will compile information on degree completion of
students receiving grants under this section.
``(vi) A description of the steps the State will take
to ensure that students who receive grants under this
section persist to degree completion.
``(vii) An assurance 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.
``(viii) An assurance 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, and, where applicable, other contributing
partners.
``(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, if applicable;
``(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 non-Federal share
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 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 grants for access and persistence 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 grants for access and persistence 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 grants for access and
persistence 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 of grants.--The amount of a grant for access
and persistence awarded by a State to a student under this
section shall be not less than--
``(i) the average undergraduate tuition and mandatory
fees at the public institutions of higher education in the
State where the student resides that are of the same type
of institution as the institution of higher education the
student attends; minus
``(ii) other Federal and State aid the student
receives.
``(C) Special rules.--
``(i) Partnership institutions.--A State receiving an
allotment under this section may restrict the use of grants
for access and persistence under this section by awarding
the grants only to students attending institutions of
higher education that are participating in the partnership.
``(ii) Out-of-state institutions.--If a State provides
grants through another program under this subpart to
students attending institutions of higher education located
in another State, grants awarded under this section may be
used at institutions of higher education located in another
State.
``(2) Early notification.--
``(A) In general.--Each State receiving an allotment under
this section shall annually notify low-income students in
grades seven through 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 notice 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 eligibility for
a grant for access and persistence is enhanced through
participation in an early information and intervention,
mentoring, or outreach program;
``(III) an explanation that student and family
eligibility for, and participation in, other Federal
means-tested programs may indicate eligibility for a
grant for access and persistence and other student aid
programs;
``(IV) a nonbinding estimate of the total amount of
financial aid that a low-income student with a similar
income level may expect to receive, including an
estimate of the amount of a grant for access and
persistence and an estimate 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 a grant for access and persistence, at a minimum, a
student shall--
``(aa) meet the requirement under paragraph
(3);
``(bb) graduate from secondary school; and
``(cc) enroll at an institution of higher
education--
``(AA) that is a partner in the
partnership; or
``(BB) with respect to which attendance is
permitted under subsection (d)(1)(C)(ii);
``(VI) information on any additional requirements
(such as a student pledge detailing student
responsibilities) that the State may impose for receipt
of a grant for access and persistence under this
section; and
``(VII) instructions on how to apply for a grant
for access and persistence 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 grant awards for
access and persistence are contingent on--
``(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 or qualifies under subsection
(d)(1)(C)(ii);
``(II) annual Federal and State spending for higher
education; and
``(III) other aid received by the student at the
time of the student's enrollment at such institution of
higher education.
``(3) Eligibility.--In determining which students are eligible
to receive grants for access and persistence, the State shall
ensure that each such student complies with the following
subparagraph (A) or (B):
``(A) Meets not less than two 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 determined under part F, or a comparable
alternative based upon the State's approved criteria in
section 415C(b)(4).
``(ii) Qualifies for the State's maximum undergraduate
award, as authorized under section 415C(b).
``(iii) 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, a grant for access and
persistence under this section, in accordance with paragraph
(5).
``(4) Grant award.--Once a student, including those students
who have 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 eligible by the State
under paragraph (3), the State shall--
``(A) issue the student a preliminary award certificate for
a grant for access and persistence with estimated award
amounts; and
``(B) inform the student that payment of the grant for
access and persistence award amounts is subject to
certification of enrollment and award eligibility by the
institution of higher education.
``(5) Duration of award.--An eligible student who receives a
grant for access and persistence 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 degree completion.
``(e) Administrative Cost Allowance.--A State that receives an
allotment under this section may reserve not more than two 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 that 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 with 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 the 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 the State's total
expenditures for need-based grants, scholarships, and work-study
assistance for fiscal year 1999 (including any such assistance provided
under this subpart).
``(j) Continuation and Transition.--For the two-year period that
begins on the date of enactment of the Higher Education Opportunity
Act, the Secretary shall continue to award grants under section 415E of
the Higher Education Act of 1965 as such section existed on the day
before the date of enactment of the Higher Education Opportunity Act to
States that choose to apply for grants under such predecessor section.
``(k) Reports.--Not later than three years after the date of
enactment of the Higher Education Opportunity Act 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.''.
SEC. 408. 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)--
(I) by striking ``parents'' and inserting
``immediate family''; and
(II) by striking ``(or such part's predecessor
authority)'';
(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 two-year institutions of higher
education, encouraging the students to transfer to four-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 one percent
for outreach activities, technical assistance, and professional
development programs relating to the programs under subsection (a);
``(2) for any fiscal year for which the amount appropriated to
carry out this section is equal to or greater than $40,000,000,
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 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; and
``(3) for any fiscal year for which the amount appropriated to
carry out this section is less than $40,000,000, shall, in awarding
grants from the remainder of such amounts make available the same
percentage of funds to the high school equivalency program and to
the college assistance migrant program as was made available for
each such program for the fiscal year preceding the fiscal year for
which the grant was made.'';
(7) by striking subsection (h) (as redesignated by paragraph
(5)) and inserting the following:
``(h) Data Collection.--The Secretary 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, as applicable;
``(2) not less often than once every two years, prepare and
submit to the authorizing committees a report based on the most
recently available data under paragraph (1); 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 five succeeding fiscal years.''.
SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
(a) Eligibility of Scholars.--Section 419F(a) (20 U.S.C. 1070d-
36(a)) is amended by inserting ``(or a home school, whether treated as
a home school or a private school under State law)'' after ``public or
private secondary school''.
(b) Authorization of Appropriations.--Section 419K (20 U.S.C.
1070d-41) 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 five succeeding
fiscal years.''.
SEC. 410. 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--
(1) by striking ``A grant'' and inserting the following:
``(i) In general.--Except as provided in clause (ii), a
grant''; and
(2) by adding at the end the following:
``(ii) Increase trigger.--For any fiscal year for which
the amount appropriated under the authority of subsection
(g) is equal to or greater than $20,000,000, a grant under
this section shall be awarded in an amount that is not less
than $30,000.''.
(b) Eligible Institutions.--Section 419N(b)(4) (20 U.S.C.
1070e(b)(4)) is amended by inserting ``, except that for any fiscal
year for which the amount appropriated to carry out this section is
equal to or greater than $20,000,000, this sentence shall be applied by
substituting `$250,000' for `$350,000''' before the period.
(c) Definition of Low-Income Student.--Paragraph (7) of section
419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:
``(7) Definition of low-income student.--For the purpose of
this section, the term `low-income student' means a student--
``(A) who is eligible to receive a Federal Pell Grant for
the award year for which the determination is made; or
``(B) who would otherwise be eligible to receive a Federal
Pell Grant for the award year for which the determination is
made, except that the student fails to meet the requirements
of--
``(i) section 401(c)(1) because the student is enrolled
in a graduate or first professional course of study; or
``(ii) section 484(a)(5) because the student is in the
United States for a temporary purpose.''.
(d) Publicity.--Section 419N(b) (20 U.S.C. 1070e(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) (20 U.S.C. 1070e(e))
is amended--
(1) in paragraph (1)(A), by striking ``18 months,'' and all
that follows through the end 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 five succeeding
fiscal years.''.
SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is
repealed.
SEC. 412. TEACH GRANTS.
(a) Amendments.--Subpart 9 of part A of title IV (20 U.S.C. 1070g
et seq.) is amended--
(1) in section 420N (20 U.S.C. 1070g-2)--
(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 at the end the following new subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--If 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 the recipient's service obligation may be
excused from fulfilling that portion of the service obligation.'';
and
(2) by adding at the end the following new section:
``SEC. 420P. PROGRAM REPORT.
``Not later than two years after the date of enactment of the
Higher Education Opportunity Act and every two years thereafter, the
Secretary shall prepare and submit to the authorizing committees a
report on TEACH grants with respect to the schools and students served
by recipients of such grants. Such report shall take into consideration
information related to--
``(1) the number of TEACH grant recipients;
``(2) the degrees obtained by such recipients;
``(3) the location, including the school, local educational
agency, and State, where the recipients completed the service
agreed to under section 420N(b) and the subject taught;
``(4) the duration of such service; and
``(5) any other data necessary to conduct such evaluation.''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
take effect on July 1, 2010.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
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 ``2014''; and
(2) by striking ``2016'' and inserting ``2018''.
SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
(a) Definitions.--
(1) Amendments.--Subparagraph (C) of section 428(a)(2) (20
U.S.C. 1078(a)(2)) is amended to read as follows:
``(C) For the purpose of this paragraph--
``(i) a student's cost of attendance shall be determined
under section 472;
``(ii) a student's estimated financial assistance means,
for the period for which the loan is sought--
``(I) the amount of assistance such student will
receive under subpart 1 of part A (as determined in
accordance with section 484(b)), subpart 3 of part A, and
parts C and E; plus
``(II) other scholarship, grant, or loan assistance,
but excluding--
``(aa) any national service education award or
post-service benefit under title I of the National and
Community Service Act of 1990; and
``(bb) any veterans' education benefits as defined
in section 480(c); and
``(iii) the determination of need and of the amount of a
loan by an eligible institution under subparagraph (B) with
respect to a student shall be calculated in accordance with
part F.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on July 1, 2010.
(b) Duration of Authority To Make Interest Subsidized Loans.--
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
(1) by striking ``2012'' and inserting ``2014''; and
(2) by striking ``2016'' and inserting ``2018''.
(c) Insurance Program Agreements.--
(1) Deferment information requirements.--Section 428(b)(1)(Y)
(20 U.S.C. 1078(b)(1)(Y)) is amended--
(A) by striking clause (i) and inserting the following:
``(i) the lender shall determine the eligibility of a
borrower for a deferment described in subparagraph (M)(i)
based on--
``(I) receipt of a request for deferment from the
borrower and documentation of the borrower's
eligibility for the deferment;
``(II) receipt of a newly completed loan
application that documents the borrower's eligibility
for a deferment;
``(III) receipt of student status information
documenting that the borrower is enrolled on at least a
half-time basis; or
``(IV) the lender's confirmation of the borrower's
half-time enrollment status through use of the National
Student Loan Data System, if the confirmation is
requested by the institution of higher education;'';
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the lender shall, at the time the lender grants
a deferment to a borrower who received a loan under section
428H and is eligible for a deferment under subparagraph (M)
of this paragraph, provide information to the borrower to
assist the borrower in understanding the impact of the
capitalization of interest on the borrower's loan principal
and on the total amount of interest to be paid during the
life of the loan.''.
(2) Transfer information requirements.--Section 428(b)(2)(F)(i)
(20 U.S.C. 1078(b)(2)(F)(i)) is amended--
(A) in subclause (III), by striking ``and'' after the
semicolon;
(B) in subclause (IV), by striking ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(V) the effective date of the transfer;
``(VI) the date on which the current servicer (as
of the date of the notice) will stop accepting
payments; and
``(VII) the date on which the new servicer will
begin accepting payments; and''.
(d) Restrictions on Inducements, Payments, Mailings, and
Advertising.--Paragraph (3) of section 428(b) (20 U.S.C. 1078(b)(3)) is
amended to read as follows:
``(3) Restrictions on inducements, payments, mailings, and
advertising.--A guaranty agency shall not--
``(A) offer, directly or indirectly, premiums, payments,
stock or other securities, prizes, travel, entertainment
expenses, tuition payment or reimbursement, or other
inducements to--
``(i) any institution of higher education or the
employees of an institution of higher education in order to
secure applicants for loans made under this part; or
``(ii) any lender, or any agent, employee, or
independent contractor of any lender or guaranty agency, in
order to administer or market loans made under this part
(other than a loan made as part of the guaranty agency's
lender-of-last-resort program pursuant to section 428(j)),
for the purpose of securing the designation of the guaranty
agency as the insurer of such loans;
``(B) conduct unsolicited mailings, by postal or electronic
means, of student loan application forms to students enrolled
in secondary schools or postsecondary educational institutions,
or to the families of such students, except that applications
may be mailed, by postal or electronic means, to students or
borrowers who have previously received loans guaranteed under
this part by the guaranty agency;
``(C) perform, for an institution of higher education
participating in a program under this title, any function that
such institution is required to perform under this title,
except that the guaranty agency may perform functions on behalf
of such institution in accordance with section 485(b);
``(D) pay, on behalf of an institution of higher education,
another person to perform any function that such institution is
required to perform under this title, except that the guaranty
agency may perform functions on behalf of such institution in
accordance with section 485(b); or
``(E) conduct fraudulent or misleading advertising
concerning loan availability, terms, or conditions.
It shall not be a violation of this paragraph for a guaranty agency
to provide technical assistance to institutions of higher education
comparable to the technical assistance provided to institutions of
higher education by the Department.''.
(e) Information Regarding Income-Based Repayment Plans.--
(1) In general.--Section 428(b)(9)(A) (20 U.S.C. 1078(b)(9)(A))
is amended--
(A) in clause (iii), by striking ``and'' after the
semicolon;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(v) beginning July 1, 2009, an income-based repayment
plan that enables a borrower who has a partial financial
hardship to make a lower monthly payment in accordance with
section 493C, except that the plan described in this clause
shall not be available to a borrower for a loan under
section 428B made on behalf of a dependent student or for a
consolidation loan under section 428C, if the proceeds of
such loan were used to discharge the liability of a loan
under section 428B made on behalf of a dependent
student.''.
(2) Conforming amendment.--Section 428(b)(1)(L)(i) (20 U.S.C.
1078(b)(1)(L)(i)) is amended by striking ``clause (ii) or (iii)''
and inserting ``clause (ii), (iii), or (v)''.
(f) Forbearance Information Requirements in Guaranty Agreements.--
Section 428(c) (20 U.S.C. 1078(c)) is amended--
(1) in paragraph (2)(H)(i), by striking ``preclaims'' and
inserting ``default aversion''; and
(2) in paragraph (3)(C)--
(A) in clause (i), by striking ``and'' after the semicolon;
(B) in clause (ii), by striking ``and'' after the
semicolon; and
(C) by inserting after clause (ii) the following:
``(iii) the lender shall, at the time of granting a
borrower forbearance, provide information to the borrower
to assist the borrower in understanding the impact of
capitalization of interest on the borrower's loan principal
and total amount of interest to be paid during the life of
the loan; and
``(iv) the lender shall contact the borrower not less
often than once every 180 days during the period of
forbearance to inform the borrower of--
``(I) the amount of unpaid principal and the amount
of interest that has accrued since the last statement
of such amounts provided to the borrower by the lender;
``(II) the fact that interest will accrue on the
loan for the period of forbearance;
``(III) the amount of interest that will be
capitalized, and the date on which capitalization will
occur;
``(IV) the option of the borrower to pay the
interest that has accrued before the interest is
capitalized; and
``(V) the borrower's option to discontinue the
forbearance at any time; and''.
(g) Applicability of Usury Laws.--
(1) Amendment.--Section 428(d) (20 U.S.C. 1078(d)) is amended
by inserting ``and section 207 of the Servicemembers Civil Relief
Act (50 U.S.C. App. 527)'' after ``this Act''.
(2) Conforming amendment.--Section 438 (20 U.S.C. 1087-1) is
amended by adding at the end the following new subsection:
``(g) Special Rule.--With respect to any loan made under this part
for which the interest rate is determined under the Servicemembers
Civil Relief Act (50 U.S.C. App. 527), the applicable interest rate to
be subtracted in calculating the special allowance for such loan under
this section shall be the interest rate determined under that Act for
such loan.''.
(3) Effective dates.--The amendment made by paragraph (1) shall
take effect on the date of enactment of this Act, and the amendment
made by paragraph (2) shall take effect for loans for which the
first disbursement is made on or after July 1, 2008.
(h) Repeal of Duplicative Notice Requirement.--Subsection (e) of
section 428 (20 U.S.C. 1078(e)) is repealed.
(i) Information on Defaults.--Section 428(k) (20 U.S.C. 1078(k)) is
amended by adding at the end the following:
``(4) Provision of information to borrowers in default.--Each
guaranty agency that has received a default claim from a lender
regarding a borrower, shall provide the borrower in default, on not
less than two separate occasions, with a notice, in simple and
understandable terms, of not less than the following information:
``(A) The options available to the borrower to remove the
borrower's loan from default.
``(B) The relevant fees and conditions associated with each
option.''.
(j) Authority to Require Income-Based Repayment.--Section 428(m)
(20 U.S.C. 1078(m)) is amended--
(1) in the subsection heading, by inserting ``and Income-
Based'' after ``Income Contingent'';
(2) in paragraph (1)--
(A) by inserting ``or income-based repayment plan'' before
``, the terms and conditions''; and
(B) by inserting ``or an income-based repayment plan under
section 493C, as the case may be'' before the period at the
end; and
(3) in the paragraph heading of paragraph (2), by inserting
``or income-based'' after ``income contingent''.
SEC. 423. VOLUNTARY FLEXIBLE AGREEMENTS.
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding at the
end the following:
``(3) Report required.--
``(A) In general.--The Secretary, in consultation with the
guaranty agencies operating 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--
``(i) program integrity and program and cost
efficiencies, delinquency prevention, and default aversion,
including a comparison of such outcomes to such outcomes
for each guaranty agency operating under an agreement under
subsection (b) or (c) of section 428;
``(ii) consumer education programs described in section
433A; and
``(iii) the availability and delivery of student
financial aid.
``(B) Contents.--Each report described in subparagraph (A)
shall include--
``(i) a description of each voluntary flexible
agreement and the performance goals established by the
Secretary for each agreement;
``(ii) a list of--
``(I) guaranty agencies operating under voluntary
flexible agreements;
``(II) the specific statutory or regulatory waivers
provided to each such guaranty agency; and
``(III) any other waivers provided to other
guaranty agencies under paragraph (1);
``(iii) a description of the standards by which each
guaranty agency's performance under the guaranty agency's
voluntary flexible agreement was assessed and the degree to
which each guaranty agency achieved the performance
standards;
``(iv) an analysis of the fees paid by the Secretary,
and the costs and efficiencies achieved under each
voluntary flexible agreement; and
``(v) an identification of promising practices for
program improvement that could be replicated by other
guaranty agencies.''.
SEC. 424. FEDERAL PLUS LOANS.
(a) Amendments.--Section 428B (20 U.S.C. 1078-2) is amended--
(1) in subsection (a)(3)(B)(i), by striking subclause (II) and
inserting the following:
``(II) does not otherwise have an adverse credit
history, as determined by the lender in accordance with the
regulations promulgated pursuant to paragraph (1)(A), as
such regulations were in effect on the day before the date
of enactment of the Ensuring Continued Access to Student
Loans Act of 2008.''; and
(2) in subsection (d), by striking paragraphs (1) and (2) and
inserting the following:
``(1) Commencement of repayment.--Repayment of principal on
loans made under this section shall commence not later than 60 days
after the date such loan is disbursed by the lender, subject to
deferral--
``(A)(i) during any period during which the parent borrower
or the graduate or professional student borrower meets the
conditions required for a deferral under section 427(a)(2)(C)
or 428(b)(1)(M); and
``(ii) upon the request of the parent borrower, during any
period during which the student on whose behalf the loan was
borrowed by the parent borrower meets the conditions required
for a deferral under section 427(a)(2)(C)(i)(I) or
428(b)(1)(M)(i)(I); and
``(B)(i) in the case of a parent borrower, upon the request
of the parent borrower, during the 6-month period beginning on
the later of--
``(I) the day after the date the student on whose
behalf the loan was borrowed ceases to carry at least one-
half the normal full-time academic workload (as determined
by the institution); or
``(II) if the parent borrower is also a student, the
day after the date such parent borrower ceases to carry at
least one-half such a workload; and
``(ii) in the case of a graduate or professional student
borrower, during the 6-month period beginning on the day after
the date such student ceases to carry at least one-half the
normal full-time academic workload (as determined by the
institution).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made under this
section for which payments of principal are deferred pursuant
to paragraph (1) shall, if agreed upon by the borrower and the
lender--
``(i) be paid monthly or quarterly; or
``(ii) 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 ``section'' and all that follows
through ``428C'' and inserting ``section 428B or 428C''.
(c) Effective Date.--The amendments made by this section shall take
effect for loans for which the first disbursement is made on or after
July 1, 2008.
SEC. 425. FEDERAL CONSOLIDATION LOANS.
(a) Eligible Borrower.--Section 428C(a)(3)(B)(i)(V) (20 U.S.C.
1078-3(a)(3)(B)(i)(V)) is amended--
(1) in item (aa), by striking ``or'' after the semicolon;
(2) in item (bb), by striking the period and inserting ``;
or''; and
(3) by adding at the end the following:
``(cc) for the purpose of using the no accrual of
interest for active duty service members benefit offered
under section 455(o).''.
(b) Consolidation Loan Lender Agreements.--
(1) In general.--Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is
amended--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following:
``(F) that the lender shall disclose to a prospective
borrower, in simple and understandable terms, at the time the
lender provides an application for a consolidation loan--
``(i) whether consolidation would result in a loss of
loan benefits under this part or part D, including loan
forgiveness, cancellation, and deferment;
``(ii) with respect to Federal Perkins Loans under part
E--
``(I) that if a borrower includes a Federal Perkins
Loan under part E in the consolidation loan, the
borrower will lose all interest-free periods that would
have been available for the Federal Perkins Loan, such
as--
``(aa) the periods during which no interest
accrues on such loan while the borrower is enrolled
in school at least half-time;
``(bb) the grace period under section
464(c)(1)(A); and
``(cc) the periods during which the borrower's
student loan repayments are deferred under section
464(c)(2);
``(II) that if a borrower includes a Federal
Perkins Loan in the consolidation loan, the borrower
will no longer be eligible for cancellation of part or
all of the Federal Perkins Loan under section 465(a);
and
``(III) the occupations listed in section 465 that
qualify for Federal Perkins Loan cancellation under
section 465(a);
``(iii) the repayment plans that are available to the
borrower;
``(iv) the options of the borrower to prepay the
consolidation loan, to pay such loan on a shorter schedule,
and to change repayment plans;
``(v) that borrower benefit programs for a
consolidation loan may vary among different lenders;
``(vi) the consequences of default on the consolidation
loan; and
``(vii) that by applying for a consolidation loan, the
borrower is not obligated to agree to take the
consolidation loan; and''.
(2) Consolidation loans.--Section 428C(b)(5) (20 U.S.C. 1078-
3(b)(5)) is amended--
(A) 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.''; and
(B) by striking ``Such direct consolidation loan'' and
inserting ``A direct consolidation loan offered under this
paragraph''.
(3) Conforming amendment.--Section 455(g) (20 U.S.C. 1087e(g))
is amended by striking ``section 428C(b)(1)(F)'' and inserting
``section 428C(b)(1)(G)''.
(c) Technical Amendment.--Section 203(b)(2)(C) of the College Cost
Reduction and Access Act (121 Stat. 794) is amended by striking ``the
second sentence'' and inserting ``the third sentence''.
(d) Income-Based Repayment.--
(1) Amendments.--Section 428C(c) (20 U.S.C. 1078-3(c)) is
amended--
(A) in the matter preceding clause (i) of paragraph
(2)(A)--
(i) by striking ``or income-sensitive'' and inserting
``income-sensitive, or income-based''; and
(ii) by inserting ``or income-based'' after ``such
income-sensitive''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``except in the case of an income-
based repayment schedule under section 493C'', before
``a repayment''; and
(II) by striking ``and'' after the semicolon;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) an income-based repayment schedule under section 493C
shall not be available to a consolidation loan borrower who
used the proceeds of the loan to discharge the liability on a
loan under section 428B, or a Federal Direct PLUS loan, made on
behalf of a dependent student.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on July 1, 2009.
(e) Extension of Consolidation Loan Authority.--Section 428C(e) (20
U.S.C. 1078-3(e)) is amended by striking ``2012'' and inserting
``2014''.
SEC. 426. DEFAULT REDUCTION PROGRAM.
Section 428F (20 U.S.C. 1078-6) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by adding at the end the
following: ``Upon the sale of the loan to an eligible lender,
the guaranty agency or other holder of the loan shall request
any consumer reporting agency to which the guaranty agency or
holder, as applicable, reported the default of the loan, to
remove the record of default from the borrower's credit
history.''; and
(B) by adding at the end the following:
``(5) Limitation.--A borrower may obtain the benefits available
under this subsection with respect to rehabilitating a loan only
one time per loan.''; and
(2) by adding at the end the following:
``(c) Financial and Economic Literacy.--Each program described in
subsection (b) shall include making available financial and economic
education materials for a borrower who has rehabilitated a loan.''.
SEC. 427. 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:
``(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:
``(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. 428. UNSUBSIDIZED STAFFORD LOAN LIMITS.
(a) Amendments.--Section 428H(d) (20 U.S.C. 1078-8(d)) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``Graduate and
professional students'' and inserting ``Graduate, professional,
and independent postbaccalaureate students''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting
``, or a student described in clause (ii),'' after
``graduate or professional student''; and
(ii) by striking clause (ii) and inserting the
following:
``(ii) notwithstanding paragraph (4), in the case of an
independent student, or a dependent student whose parents
are unable to borrow under section 428B or the Federal
Direct PLUS Loan Program, who has obtained a baccalaureate
degree and who is enrolled in coursework specified in
paragraph (3)(B) or (4)(B) of section 484(b)--
``(I) $7,000 for coursework necessary for
enrollment in a graduate or professional program; and
``(II) $7,000 for coursework necessary for a
professional credential or certification from a State
required for employment as a teacher in an elementary
or secondary school,''; and
(2) in paragraph (4)(A), by striking clause (iii) and inserting
the following:
``(iii) in the case of such a student enrolled in
coursework specified in--
``(I) section 484(b)(3)(B), $6,000; or
``(II) section 484(b)(4)(B), $7,000.''.
(b) Effective Date.--The amendments made by this section shall take
effect for loans for which the first disbursement is made on or after
July 1, 2008.
SEC. 429. LOAN FORGIVENESS FOR TEACHERS EMPLOYED BY EDUCATIONAL
SERVICE AGENCIES.
Section 428J (20 U.S.C. 1078-10) is amended--
(1) in subsection (b)(1)(A)--
(A) by inserting ``or location'' after ``a school''; and
(B) by inserting ``or locations'' after ``schools'';
(2) in subsection (c)(1), by striking the second sentence;
(3) in subsection (c)(3)(B)(iii), by inserting ``or, in the
case of a teacher who is employed by an educational service agency,
as certified by the chief administrative officer of such agency,''
after ``borrower is employed,''; and
(4) in subsection (g), by striking paragraph (2) and inserting
the following:
``(2) Prevention of double benefits.--No borrower may, for the
same service, receive a benefit under both this section and--
``(A) section 428K;
``(B) section 455(m);
``(C) section 460; or
``(D) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).''.
SEC. 430. 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 qualified loan amount
described in subsection (c) of the student loan obligation of a
borrower who--
``(A) is employed full-time in an area of national need, as
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 or an excepted consolidation loan (as such terms are
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 an excepted PLUS loan or
an excepted consolidation loan).
``(3) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out this section.
``(b) Areas of National Need.--For purposes of this section, an
individual is employed in an area of national need if the individual
meets the requirements of one of the following:
``(1) Early childhood educators.--The individual is employed
full-time as an early childhood educator.
``(2) Nurses.--The individual is employed full-time--
``(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.--The individual--
``(A) has obtained a baccalaureate or advanced degree in a
critical foreign language; and
``(B) is employed full-time--
``(i) in an elementary school or secondary school as a
teacher of a critical foreign language;
``(ii) in an agency of the United States Government in
a position that regularly requires the use of such critical
foreign language; or
``(iii) in an institution of higher education as a
faculty member or instructor teaching a critical foreign
language.
``(4) Librarians.--The individual is employed full-time 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 the schools' total student enrollments composed of
children meeting a measure of poverty under section 1113(a)(5)
of the Elementary and Secondary Education Act of 1965; or
``(B) a school that qualifies under section 465(a)(2)(A)
for loan cancellation for Perkins loan recipients who teach in
such a school.
``(5) Highly qualified teachers serving students who are
limited english proficient, low-income communities, and
underrepresented populations.--The individual--
``(A) is highly qualified, as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965; and
``(B) is employed full-time--
``(i) as a teacher educating students who are limited
English proficient;
``(ii) as a teacher in a school that qualifies under
section 465(a)(2)(A) for loan cancellation for Perkins loan
recipients who teach in such a school;
``(iii) as a teacher and is an individual from an
underrepresented population in the teaching profession, as
determined by the Secretary; or
``(iv) as a teacher in an educational service agency,
as such term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(6) Child welfare workers.--The individual--
``(A) has obtained a degree in social work or a related
field with a focus on serving children and families; and
``(B) is employed full-time in public or private child
welfare services.
``(7) Speech-language pathologists and audiologists.--The
individual--
``(A) is employed full-time as a speech-language
pathologist or audiologist in an eligible preschool program or
a school that qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in such a
school; and
``(B) has, at a minimum, a graduate degree in speech-
language pathology, audiology, or communication sciences and
disorders.
``(8) School counselors.--The individual is employed full-time
as a school counselor (as such term is defined in section 5421(e)
of the Elementary and Secondary Education Act of 1965), in a school
that qualifies under section 465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in such a school.
``(9) Public sector employees.--The individual is employed
full-time in--
``(A) public safety (including as a first responder,
firefighter, police officer, or other law enforcement or public
safety officer);
``(B) emergency management (including as an emergency
medical technician);
``(C) 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
``(D) public interest legal services (including
prosecution, public defense, or legal advocacy in low-income
communities at a nonprofit organization).
``(10) Nutrition professionals.--The individual--
``(A) is a licensed, certified, or registered dietician who
has completed a degree in a relevant field; and
``(B) is employed full-time as a dietician with 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).
``(11) Medical specialists.--The individual--
``(A) has received a degree from a medical school at an
institution of higher education; and
``(B) has been accepted to, or currently participates in, a
full-time graduate medical education training program or
fellowship (or both) to provide health care services (as
recognized by the Accreditation Council for Graduate Medical
Education) that--
``(i) requires more than five years of total graduate
medical training; and
``(ii) has fewer United States medical school graduate
applicants than the total number of positions available in
such program or fellowship.
``(12) Mental health professionals.--The individual--
``(A) has not less than a master's degree in social work,
psychology, or psychiatry; and
``(B) is employed full-time providing mental health
services to children, adolescents, or veterans.
``(13) Dentists.--The individual--
``(A)(i) has received a degree from an accredited dental
school (as accredited by the Commission on Dental
Accreditation);
``(ii) has completed residency training in pediatric
dentistry, general dentistry, or dental public health; and
``(iii) is employed full-time as a dentist; or
``(B) is employed full-time as a member of the faculty at a
program or school accredited by the Commission on Dental
Accreditation.
``(14) STEM employees.--The individual is employed full-time in
applied sciences, technology, engineering, or mathematics.
``(15) Physical therapists.--The individual--
``(A) is a physical therapist; and
``(B) is employed full-time providing physical therapy
services to children, adolescents, or veterans.
``(16) Superintendents, principals, and other administrators.--
The individual is employed full-time as a school superintendent,
principal, or other administrator in a local educational agency,
including in an educational service 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.
``(17) Occupational therapists.--The individual is an
occupational therapist and is employed full-time providing
occupational therapy services to children, adolescents, or
veterans.
``(c) Qualified Loan Amount.--
``(1) In general.--Subject to paragraph (2), for each school,
academic, or calendar year of full-time employment in an area of
national need described in subsection (b) that a borrower completes
on or after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall forgive not more than $2,000
of the student loan obligation of the borrower that is outstanding
after the completion of each such school, academic, or calendar
year of employment, respectively.
``(2) Maximum amount.--The Secretary shall not forgive more
than $10,000 in the aggregate for any borrower under this section,
and no borrower shall receive loan forgiveness under this section
for more than five years of service.
``(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) Rule of Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan.
``(f) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations under both this
section and section 428J, 428L, 455(m), or 460.
``(g) 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); and
``(B)(i) provides audiology services under subsection
(ll)(2) of section 1861 of the Social Security Act (42 U.S.C.
1395x(ll)(2)); or
``(ii) 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 individual who--
``(A) works directly with children in an eligible preschool
program or eligible early childhood education program in a low-
income community;
``(B) is involved directly in the care, development, and
education of infants, toddlers, or young children age five and
under; and
``(C) has completed a baccalaureate or advanced degree in
early childhood development or 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--
``(A) provides for the care, development, and education of
infants, toddlers, or young children age five and under;
``(B) meets any applicable State or local government
licensing, certification, approval, and registration
requirements, and
``(C) is operated by--
``(i) a public or private school that is supported,
sponsored, supervised, or administered by a local
educational agency;
``(ii) a Head Start agency serving as a grantee
designated under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(iii) a nonprofit or community based organization; or
``(iv) 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 two 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 school that qualifies under section
465(a)(2)(A) for loan cancellation for Perkins loan recipients
who teach in such a school.
``(6) 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 such section).
``(iv) A nursing degree from a diploma school of
nursing (as defined in such section).
``(7) Occupational therapist.--The term `occupational
therapist' means an individual who--
``(A) has received, at a minimum, a baccalaureate degree in
occupational therapy from an institution of higher education
accredited by an agency or association recognized by the
Secretary pursuant to section 496(a); and
``(B)(i) provides occupational therapy services under
section 1861(g) of the Social Security Act (42 U.S.C.
1395x(g)); or
``(ii) meets or exceeds the qualifications for a qualified
occupational therapist, as determined by State law.
``(8) 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); and
``(B)(i) provides physical therapy services under section
1861(p) of the Social Security Act (42 U.S.C. 1395x(p)); or
``(ii) meets or exceeds the qualifications for a qualified
physical therapist, as determined by State law.
``(9) 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); 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)).
``(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 five succeeding fiscal years to
provide loan forgiveness in accordance with this section.''.
SEC. 431. 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:
``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--
``(i) a nonprofit organization that provides legal
assistance with respect to civil matters to low-income
individuals without a fee; or
``(ii) a protection and advocacy system or client
assistance program that provides legal assistance with
respect to civil matters and receives funding under--
``(I) subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15041 et seq.);
``(II) section 112 or 509 of the Rehabilitation Act
of 1973 (29 U.S.C. 732, 794e);
``(III) part A of title I of the Protection and
Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10801 et seq.);
``(IV) section 5 of the Assistive Technology Act of
1998 (29 U.S.C. 3004);
``(V) section 1150 of the Social Security Act (42
U.S.C. 1320b-21);
``(VI) section 1253 of the Public Health Service
Act (42 U.S.C. 300d-53); or
``(VII) section 291 of the Help America Vote Act of
2002 (42 U.S.C. 15461);
``(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.--
``(A) In general.--Except as provided in subparagraph (B),
the term `student loan' means--
``(i) subject to clause (ii), a loan made, insured, or
guaranteed under this part, part D, or part E; and
``(ii) 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.
``(B) Exclusion of parent plus loans.--The term `student
loan' does not include any of the following loans:
``(i) A loan made to the parents of a dependent student
under section 428B.
``(ii) A Federal Direct PLUS Loan made to the parents
of a dependent student.
``(iii) A loan made under section 428C or 455(g), to
the extent that such loan was used to repay--
``(I) a loan made to the parents of a dependent
student under section 428B; or
``(II) a Federal Direct PLUS Loan made to the
parents of a dependent student.
``(c) Program Authorized.--From amounts appropriated under
subsection (i) for a fiscal year, 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 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 three 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 contrary to 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
require the borrower to remain employed as a civil legal assistance
attorney for less than three 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 five years or less and, for not
less than 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 three years of the first
required period of service specified for the borrower in an
agreement entered into under subsection (d).
``(g) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations under both this
section and section 428K or 455(m).
``(h) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out this section.
``(i) 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 five succeeding
fiscal years.''.
SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND INSTITUTIONS
OF HIGHER EDUCATION.
(a) In General.--Section 430A (20 U.S.C. 1080a) is amended--
(1) in the section heading, by striking ``credit bureaus'' and
inserting ``consumer reporting agencies'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence--
(I) by striking ``the Secretary,'' and inserting
``the Secretary and''; and
(II) by striking ``agreements with credit bureau
organizations'' and inserting ``an agreement with each
consumer reporting agency'';
(ii) in the second sentence--
(I) by striking ``such organizations'' each place
the term occurs and inserting ``such consumer reporting
agencies''; and
(II) by striking ``insurance), by'' and inserting
``insurance) or by''; and
(iii) in the third sentence--
(I) by striking ``Secretary,'' and inserting
``Secretary or''; and
(II) by striking ``organizations'' and inserting
``consumer reporting agencies'';
(B) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(C) by inserting before paragraph (2) (as redesignated by
subparagraph (B)), the following:
``(1) that the loan is an education loan (as such term is
defined in section 151);''; and
(D) by inserting after paragraph (2) (as redesignated by
subparagraph (B)) the following:
``(3) information concerning the repayment status of the loan
for inclusion in the file of the borrower, except that nothing in
this subsection shall be construed to affect any otherwise
applicable provision of the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.);'';
(3) in subsection (b)--
(A) by striking ``organizations'' and inserting ``consumer
reporting agencies''; and
(B) by striking ``subsection (a)(2)'' and inserting
``subsection (a)(4)'';
(4) in subsection (c)--
(A) in paragraph (2), by striking ``organizations'' and
inserting ``consumer reporting agencies''; and
(B) in paragraph (4)--
(i) by striking ``subsection (a)(2)'' and inserting
``subsection (a)(4)''; and
(ii) in subparagraph (A), by striking ``credit bureau
organizations'' and inserting ``consumer reporting
agencies''; and
(5) in subsection (d), by striking ``credit bureau
organization'' and inserting ``consumer reporting agency''.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et seq.) is
further amended--
(1) in section 427(a)(2)(G) (20 U.S.C. 1077(a)(2)(G))--
(A) in clause (i), by striking ``credit bureau
organizations'' and inserting ``consumer reporting agencies'';
and
(B) in clause (ii), by striking ``organizations'' and
inserting ``consumer reporting agencies'';
(2) in section 428(c)(3)(A)(iii) (20 U.S.C.
1078(c)(3)(A)(iii)), by striking ``credit bureau organization'' and
inserting ``consumer reporting agency'';
(3) in section 428C(b)(4)(E) (20 U.S.C. 1078-3(b)(4)(E))--
(A) in clause (i), by striking ``credit bureau
organizations'' and inserting ``consumer reporting agencies'';
and
(B) in clause (ii), by striking ``organizations'' and
inserting ``consumer reporting agencies'';
(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by striking
``credit bureaus'' and inserting ``consumer reporting agencies'';
(5) in section 463(c) (20 U.S.C. 1087cc(c))--
(A) in the subsection heading, by striking ``Credit Bureau
Organizations'' and inserting ``Consumer Reporting Agencies'';
(B) in paragraph (1), by striking ``credit bureau
organizations'' and inserting ``consumer reporting agencies'';
(C) in paragraph (2), by striking ``organizations'' and
inserting ``consumer reporting agencies'';
(D) in paragraph (4)(A), by striking ``credit bureau
organization'' each place the term occurs and inserting
``consumer reporting agency''; and
(E) in paragraph (5)--
(i) by striking ``credit bureau organizations'' and
inserting ``consumer reporting agencies''; and
(ii) by striking ``such organizations'' and inserting
``such consumer reporting agencies'';
(6) in section 463A(a)(11) (20 U.S.C. 1087cc-1(a)(11)), by
striking ``credit bureau or credit'' and inserting ``consumer'';
and
(7) in section 464 (20 U.S.C. 10877dd)--
(A) in subsection (c)(1)(I), by striking ``credit bureau
organizations'' and inserting ``consumer reporting agencies'';
and
(B) in subsection (h)(1)(A), by striking ``credit bureau
organization or credit'' and inserting ``consumer''.
SEC. 433. LEGAL POWERS AND RESPONSIBILITIES.
(a) 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 title that exceeds
$1,000,000 unless--
``(1) the Secretary requests a review of the proposed
settlement of such claim by the Attorney General; and
``(2) the Attorney General responds to such request, which may
include, at the Attorney General's discretion, a written opinion
related to such proposed settlement.''.
(b) Common Forms and Formats.--Section 432(m)(1)(D)(i) (20 U.S.C.
1082(m)(1)(D)(i)) is amended by adding at the end the following:
``Unless otherwise notified by the Secretary, each institution of
higher education that participates in the program under this part or
part D may use a master promissory note for loans under this part and
part D.''.
SEC. 434. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.
(a) Amendment.--Section 433 (20 U.S.C. 1083) is amended to read as
follows:
``SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.
``(a) Required Disclosure Before Disbursement.--Each eligible
lender, at or prior to the time such lender disburses a loan that is
insured or guaranteed under this part (other than a loan made under
section 428C), shall provide thorough and accurate loan information on
such loan to the borrower in simple and understandable terms. Any
disclosure required by this subsection may be made by an eligible
lender by written or electronic means, including as part of the
application material provided to the borrower, as part of the
promissory note evidencing the loan, or on a separate written form
provided to the borrower. Each lender shall provide to each borrower a
telephone number, and may provide an electronic address, through which
additional loan information can be obtained. The disclosure shall
include--
``(1) a statement prominently and clearly displayed and in bold
print that the borrower is receiving a loan that must be repaid;
``(2) the name of the eligible lender, and the address to which
communications and payments should be sent;
``(3) the principal amount of the loan;
``(4) the amount of any charges, such as the origination fee
and Federal default fee, and whether those fees will be--
``(A) collected by the lender at or prior to the disbursal
of the loan;
``(B) deducted from the proceeds of the loan;
``(C) paid separately by the borrower; or
``(D) paid by the lender;
``(5) the stated interest rate on the loan;
``(6) for loans made under section 428H or to a student
borrower under section 428B, an explanation--
``(A) that the borrower has the option to pay the interest
that accrues on the loan while the borrower is a student at an
institution of higher education; and
``(B) if the borrower does not pay such interest while
attending an institution, when and how often interest on the
loan will be capitalized;
``(7) for loans made to a parent borrower on behalf of a
student under section 428B, an explanation--
``(A) that the parent has the option to defer payment on
the loan while the student is enrolled on at least a half-time
basis in an institution of higher education;
``(B) if the parent does not pay the interest on the loan
while the student is enrolled in an institution, when and how
often interest on the loan will be capitalized; and
``(C) that the parent may be eligible for a deferment on
the loan if the parent is enrolled on at least a half-time
basis in an institution of higher education;
``(8) the yearly and cumulative maximum amounts that may be
borrowed;
``(9) a statement of the total cumulative balance, including
the loan being disbursed, owed by the borrower to that lender, and
an estimate of the projected monthly payment, given such cumulative
balance;
``(10) an explanation of when repayment of the loan will be
required and when the borrower will be obligated to pay interest
that accrues on the loan;
``(11) a description of the types of repayment plans that are
available for the loan;
``(12) a statement as to the minimum and maximum repayment
terms which the lender may impose, and the minimum annual payment
required by law;
``(13) an explanation of any special options the borrower may
have for loan consolidation or other refinancing of the loan;
``(14) a statement that the borrower has the right to prepay
all or part of the loan, at any time, without penalty;
``(15) a statement summarizing circumstances in which repayment
of the loan or interest that accrues on the loan may be deferred;
``(16) a statement summarizing the circumstances in which a
borrower may obtain forbearance on the loan;
``(17) a description of the options available for forgiveness
of the loan, and the requirements to obtain loan forgiveness;
``(18) a definition of default and the consequences to the
borrower if the borrower defaults, including a statement that the
default will be reported to a consumer reporting agency; and
``(19) an explanation of any cost the borrower may incur during
repayment or in the collection of the loan, including fees that the
borrower may be charged, such as late payment fees and collection
costs.
``(b) Required Disclosure Before Repayment.--Each eligible lender
shall, at or prior to the start of the repayment period on a loan made,
insured, or guaranteed under section 428, 428B, or 428H, disclose to
the borrower by written or electronic means the information required
under this subsection in simple and understandable terms. Each eligible
lender shall provide to each borrower a telephone number, and may
provide an electronic address, through which additional loan
information can be obtained. The disclosure required by this subsection
shall be made not less than 30 days nor more than 150 days before the
first payment on the loan is due from the borrower. The disclosure
shall include--
``(1) the name of the eligible lender or loan servicer, and the
address to which communications and payments should be sent;
``(2) the scheduled date upon which the repayment period is to
begin or the deferment period under section 428B(d)(1) is to end,
as applicable;
``(3) the estimated balance owed by the borrower on the loan or
loans covered by the disclosure (including, if applicable, the
estimated amount of interest to be capitalized) as of the scheduled
date on which the repayment period is to begin or the deferment
period under 428B(d)(1) is to end, as applicable;
``(4) the stated interest rate on the loan or loans, or the
combined interest rate of loans with different stated interest
rates;
``(5) information on loan repayment benefits offered for the
loan or loans, including--
``(A) whether the lender offers any benefits that are
contingent on the repayment behavior of the borrower, such as--
``(i) a reduction in interest rate if the borrower
repays the loan by automatic payroll or checking account
deduction;
``(ii) a reduction in interest rate if the borrower
makes a specified number of on-time payments; and
``(iii) other loan repayment benefits for which the
borrower could be eligible that would reduce the amount of
repayment or the length of the repayment period;
``(B) if the lender provides a loan repayment benefit--
``(i) any limitations on such benefit;
``(ii) explicit information on the reasons a borrower
may lose eligibility for such benefit;
``(iii) for a loan repayment benefit that reduces the
borrower's interest rate--
``(I) examples of the impact the interest rate
reduction would have on the length of the borrower's
repayment period and the amount of repayment; and
``(II) upon the request of the borrower, the effect
the reduction in interest rate would have with respect
to the borrower's payoff amount and time for repayment;
and
``(iv) whether and how the borrower can regain
eligibility for a benefit if a borrower loses a benefit;
``(6) a description of all the repayment plans that are
available to the borrower and a statement that the borrower may
change from one plan to another during the period of repayment;
``(7) the repayment schedule for all loans covered by the
disclosure, including--
``(A) the date the first installment is due; and
``(B) the number, amount, and frequency of required
payments, which shall be based on a standard repayment plan or,
in the case of a borrower who has selected another repayment
plan, on the repayment plan selected by the borrower;
``(8) an explanation of any special options the borrower may
have for loan consolidation or other refinancing of the loan and of
the availability and terms of such other options;
``(9) except as provided in subsection (d)--
``(A) the projected total of interest charges which the
borrower will pay on the loan or loans, assuming that the
borrower makes payments exactly in accordance with the
repayment schedule; and
``(B) if the borrower has already paid interest on the loan
or loans, the amount of interest paid;
``(10) the nature of any fees which may accrue or be charged to
the borrower during the repayment period;
``(11) a statement that the borrower has the right to prepay
all or part of the loan or loans covered by the disclosure at any
time without penalty;
``(12) a description of the options by which the borrower may
avoid or be removed from default, including any relevant fees
associated with such options; and
``(13) additional resources, including nonprofit organizations,
advocates, and counselors (including the Student Loan Ombudsman of
the Department) of which the lender is aware, where borrowers may
receive advice and assistance on loan repayment.
``(c) Separate Notification.--Each eligible lender shall, at the
time such lender notifies a borrower of approval of a loan which is
insured or guaranteed under this part, provide the borrower with a
separate notification which summarizes, in simple and understandable
terms, the rights and responsibilities of the borrower with respect to
the loan, including a statement of the consequences of defaulting on
the loan and a statement that each borrower who defaults will be
reported to a consumer reporting agency. The requirement of this
subsection shall be in addition to the information required by
subsection (a) of this section.
``(d) Special Disclosure Rules on PLUS Loans, and Unsubsidized
Loans.--Loans made under sections 428B and 428H shall not be subject to
the disclosure of projected monthly payment amounts required under
subsection (b)(7) if the lender, in lieu of such disclosure, provides
the borrower with sample projections of monthly repayment amounts,
assuming different levels of borrowing and interest accruals resulting
from capitalization of interest while the borrower, or the student on
whose behalf the loan is made, is in school, in simple and
understandable terms. Such sample projections shall disclose the cost
to the borrower of--
``(1) capitalizing the interest; and
``(2) paying the interest as the interest accrues.
``(e) Required Disclosures During Repayment.--
``(1) Pertinent information about a loan provided on a periodic
basis.--Each eligible lender shall provide the borrower of a loan
made, insured, or guaranteed under this part with a bill or
statement (as applicable) that corresponds to each payment
installment time period in which a payment is due and that
includes, in simple and understandable terms--
``(A) the original principal amount of the borrower's loan;
``(B) the borrower's current balance, as of the time of the
bill or statement, as applicable;
``(C) the interest rate on such loan;
``(D) the total amount the borrower has paid in interest on
the loan;
``(E) the aggregate amount the borrower has paid for the
loan, including the amount the borrower has paid in interest,
the amount the borrower has paid in fees, and the amount the
borrower has paid against the balance;
``(F) a description of each fee the borrower has been
charged for the most recently preceding installment time
period;
``(G) the date by which the borrower needs to make a
payment in order to avoid additional fees and the amount of
such payment and the amount of such fees;
``(H) the lender's or loan servicer's address and toll-free
phone number for payment and billing error purposes; and
``(I) a reminder that the borrower has the option to change
repayment plans, a list of the names of the repayment plans
available to the borrower, a link to the appropriate page of
the Department's website to obtain a more detailed description
of the repayment plans, and directions for the borrower to
request a change in repayment plan.
``(2) Information provided to a borrower having difficulty
making payments.--Each eligible lender shall provide to a borrower
who has notified the lender that the borrower is having difficulty
making payments on a loan made, insured, or guaranteed under this
part with the following information in simple and understandable
terms:
``(A) A description of the repayment plans available to the
borrower, including how the borrower should request a change in
repayment plan.
``(B) A description of the requirements for obtaining
forbearance on a loan, including expected costs associated with
forbearance.
``(C) A description of the options available to the
borrower to avoid defaulting on the loan, and any relevant fees
or costs associated with such options.
``(3) Required disclosures during delinquency.--Each eligible
lender shall provide to a borrower who is 60 days delinquent in
making payments on a loan made, insured, or guaranteed under this
part with a notice, in simple and understandable terms, of the
following:
``(A) The date on which the loan will default if no payment
is made.
``(B) The minimum payment the borrower must make to avoid
default.
``(C) A description of the options available to the
borrower to avoid default, and any relevant fees or costs
associated with such options, including a description of
deferment and forbearance and the requirements to obtain each.
``(D) Discharge options to which the borrower may be
entitled.
``(E) Additional resources, including nonprofit
organizations, advocates, and counselors (including the Student
Loan Ombudsman of the Department), of which the lender is
aware, where the borrower can receive advice and assistance on
loan repayment.
``(f) Cost of Disclosure and Consequences of Nondisclosure.--
``(1) No cost to borrowers.--The information required under
this section shall be available without cost to the borrower.
``(2) Consequences of nondisclosure.--The failure of an
eligible lender to provide information as required by this section
shall not--
``(A) relieve a borrower of the obligation to repay a loan
in accordance with the loan's terms; or
``(B) provide a basis for a claim for civil damages.
``(3) Rule of construction.--Nothing in this section shall be
construed as subjecting the lender to the Truth in Lending Act with
regard to loans made under this part.
``(4) Actions by the secretary.--The Secretary may limit,
suspend, or terminate the continued participation of an eligible
lender in making loans under this part for failure by that lender
to comply with this section.''.
(b) Effective Dates.--
(1) Regular disclosure requirements and disclosure requirements
to borrowers having difficulty making payments.--Paragraphs (1) and
(2) of section 433(e) of the Higher Education Act of 1965, as
amended by subsection (a), shall apply with respect to loans for
which the first payment is due on or after July 1, 2009.
(2) Disclosure requirements for borrowers with delinquent
loans.--Section 433(e)(3) of the Higher Education Act of 1965, as
amended by subsection (a), shall apply with respect to loans that
become delinquent on or after July 1, 2009.
SEC. 435. CONSUMER EDUCATION INFORMATION.
Part B (20 U.S.C. 1071 et seq.) is amended by inserting after
section 433 (20 U.S.C. 1083) the following:
``SEC. 433A. CONSUMER EDUCATION INFORMATION.
``(a) In General.--Each guaranty agency participating in a program
under this part, working with the institutions of higher education
served by such guaranty agency, 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,
particularly as budgeting and financial management relates to student
loan programs authorized by this title. Such programs and materials
shall be in formats that are simple and understandable to students and
families, and shall be provided before, during, and after the students'
enrollment in an institution of higher education. The activities
described in this section shall be considered default reduction
activities for the purposes of section 422.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit--
``(1) a guaranty agency from using existing activities,
programs, and materials in meeting the requirements of this
section;
``(2) a guaranty agency from providing programs or materials
similar to the programs or materials described in subsection (a) to
an institution of higher education that provides loans exclusively
through part D; or
``(3) a lender or loan servicer from providing outreach or
financial aid literacy information in accordance with subsection
(a).''.
SEC. 436. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE LENDER.
(a) Participation Rate Index.--
(1) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``paragraph
(4)'' and inserting ``paragraph (5)''; and
(ii) in subparagraph (B)--
(I) by striking ``and'' at the end of clause (ii);
and
(II) by striking clause (iii) and inserting the
following:
``(iii) 25 percent for fiscal year 1994 through fiscal
year 2011; and
``(iv) 30 percent for fiscal year 2012 and any
succeeding fiscal year.'';
(B) by redesignating paragraph (6) as paragraph (8), and
redesignating paragraphs (3) through (5) as paragraphs (4)
through (6), respectively;
(C) 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) for any two consecutive fiscal years may, not
later than 30 days after the date the institution receives
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 not later
than 45 days after the date of submission of the appeal. If the
Secretary determines that the institution demonstrates exceptional
mitigating circumstances, the Secretary may not subject the
institution to provisional certification based solely on the
institution's cohort default rate.'';
(D) in paragraph (5)(A) (as redesignated by subparagraph
(B)), by striking ``For 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:'';
(E) by inserting after paragraph (6) (as redesignated by
subparagraph (B)) the following:
``(7) Default prevention and assessment of eligibility based on
high default rates.--
``(A) First year.--
``(i) In general.--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 and the
steps to be taken to improve the institution's cohort
default rate; and
``(III) specify actions that the institution can
take to improve student loan repayment, including
appropriate counseling regarding loan repayment
options.
``(ii) Technical assistance.--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) In general.--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) Review by the secretary.--The Secretary shall
review each revised plan submitted in accordance with this
subparagraph, and may direct that such 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.''; and
(F) in paragraph (8)(A) (as redesignated by subparagraph
(B)) by striking ``0.0375'' and inserting ``0.0625''.
(2) Effective date.--The amendment made by paragraph (1)(F)
shall take effect for fiscal years beginning on or after October 1,
2011.
(b) Types of Lenders.--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, or a credit
union, with assets of less than $1,000,000,000''.
(c) Disqualification.--Paragraph (5) of section 435(d) (20 U.S.C.
1085(d)(5)) is amended to read as follows:
``(5) Disqualification for use of certain incentives.--The term
`eligible lender' does not include any lender that the Secretary
determines, after notice and opportunity for a hearing, has--
``(A) offered, directly or indirectly, points, premiums,
payments (including payments for referrals and for processing
or finder fees), prizes, stock or other securities, travel,
entertainment expenses, tuition payment or reimbursement, the
provision of information technology equipment at below-market
value, additional financial aid funds, or other inducements, to
any institution of higher education or any employee of an
institution of higher education in order to secure applicants
for loans under this part;
``(B) conducted unsolicited mailings, by postal or
electronic means, of student loan application forms to students
enrolled in secondary schools or postsecondary institutions, or
to family members of such students, except that applications
may be mailed, by postal or electronic means, to students or
borrowers who have previously received loans under this part
from such lender;
``(C) entered into any type of consulting arrangement, or
other contract to provide services to a lender, with an
employee who is employed in the financial aid office of an
institution of higher education, or who otherwise has
responsibilities with respect to student loans or other
financial aid of the institution;
``(D) compensated an employee who is employed in the
financial aid office of an institution of higher education, or
who otherwise has responsibilities with respect to student
loans or other financial aid of the institution, and who is
serving on an advisory board, commission, or group established
by a lender or group of lenders for providing such service,
except that the eligible lender may reimburse such employee for
reasonable expenses incurred in providing such service;
``(E) performed for an institution of higher education any
function that such institution of higher education is required
to perform under this title, except that a lender shall be
permitted to perform functions on behalf of such institution in
accordance with section 485(b);
``(F) paid, on behalf of an institution of higher
education, another person to perform any function that such
institution of higher education is required to perform under
this title, except that a lender shall be permitted to perform
functions on behalf of such institution in accordance with
section 485(b);
``(G) provided payments or other benefits to a student at
an institution of higher education to act as the lender's
representative to secure applications under this title from
individual prospective borrowers, unless such student--
``(i) is also employed by the lender for other
purposes; and
``(ii) made all appropriate disclosures regarding such
employment;
``(H) offered, directly or indirectly, loans under this
part as an inducement to a prospective borrower to purchase a
policy of insurance or other product; or
``(I) engaged in fraudulent or misleading advertising.
It shall not be a violation of this paragraph for a lender to
provide technical assistance to institutions of higher education
comparable to the kinds of technical assistance provided to
institutions of higher education by the Department.''.
(d) School as Lender Program Audit.--Section 435(d) (20 U.S.C.
1085(d)) is further amended by adding at the end the following:
``(8) School as lender program audit.--Each institution serving
as an eligible lender under paragraph (1)(E), and each eligible
lender serving as a trustee for an institution of higher education
or an organization affiliated with an institution of higher
education, shall annually complete and submit to the Secretary a
compliance audit to determine whether--
``(A) the institution or lender is using all proceeds from
special allowance payments and interest payments from
borrowers, interest subsidies received from the Department, and
any proceeds from the sale or other disposition of loans, for
need-based grant programs, in accordance with paragraph
(2)(A)(viii);
``(B) the institution or lender is using not more than a
reasonable portion of the proceeds described in paragraph
(2)(A)(viii) for direct administrative expenses; and
``(C) the institution or lender is ensuring that the
proceeds described in paragraph (2)(A)(viii) are being used to
supplement, and not to supplant, Federal and non-Federal funds
that would otherwise be used for need-based grant programs.''.
(e) Cohort Default Rates.--
(1) Amendments.--Section 435(m) (20 U.S.C. 1085(m)) is
amended--
(A) in paragraph (1)--
(i) in the first sentence of subparagraph (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'';
(ii) in subparagraph (B), by striking ``such fiscal
year'' and inserting ``such second fiscal year'';
(iii) in subparagraph (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'';
(B) in paragraph (2)(C)--
(i) 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
(ii) by striking ``such following fiscal year'' and
inserting ``such second fiscal year''; and
(C) in paragraph (4)--
(i) by amending the paragraph heading to read as
follows: ``Collection and reporting of cohort default rates
and life of cohort default rates.--''; and
(ii) by amending subparagraph (A) to read as follows:
``(A) The Secretary shall publish not less often than once
every fiscal year a report showing cohort default data and life of
cohort default rates for each category of institution, including:
(i) four-year public institutions; (ii) four-year private nonprofit
institutions; (iii) two-year public institutions; (iv) two-year
private nonprofit institutions; (v) four-year proprietary
institutions; (vi) two-year proprietary institutions; and (vii)
less than two-year proprietary institutions. For purposes of this
subparagraph, for any fiscal year in which one or more current and
former students at an institution enter repayment on loans under
section 428, 428B, or 428H, received for attendance at the
institution, the Secretary shall publish 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.''.
(2) Effective date and transition.--
(A) Effective date.--The amendments made by paragraph (1)
shall take effect for purposes of calculating cohort default
rates for fiscal year 2009 and succeeding fiscal years.
(B) Transition.--Notwithstanding subparagraph (A), 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 paragraph (1) are available.
SEC. 437. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY.
(a) FFEL and Direct Loans.--Section 437(a) (20 U.S.C. 1087(a)) is
amended--
(1) by striking ``(a) Repayment in Full for Death and
Disability.--If a'' and inserting the following:
``(a) Repayment in Full for Death and Disability.--
``(1) In general.--If a'';
(2) by inserting ``, or if a student borrower who has received
such a loan is unable to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment that can be expected to result in death, has lasted for
a continuous period of not less than 60 months, or can be expected
to last for a continuous period of not less than 60 months'' after
``of the Secretary),''; and
(3) by adding at the end the following: ``The Secretary may
develop such safeguards as the Secretary determines necessary to
prevent fraud and abuse in the discharge of liability under this
subsection. Notwithstanding any other provision of this subsection,
the Secretary may promulgate regulations to reinstate the
obligation of, and resume collection on, loans discharged under
this subsection in any case in which--
``(A) a borrower received a discharge of liability under
this subsection and after the discharge the borrower--
``(i) receives a loan made, insured, or guaranteed
under this title; or
``(ii) has earned income in excess of the poverty line;
or
``(B) the Secretary determines necessary.''.
(b) Disability Determinations.--Section 437(a) (20 U.S.C. 1087(a))
is further amended by adding at the end the following:
``(2) Disability determinations.--A borrower who has been
determined by the Secretary of Veterans Affairs to be unemployable
due to a service-connected condition and who provides documentation
of such determination 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.''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on July 1, 2010.
SEC. 438. CONFORMING AMENDMENTS FOR REPEAL OF SECTION 439.
(a) Part B Amendments.--Part B of title IV (20 U.S.C. 1071 et seq.)
is amended--
(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)), by striking
``437, and 439(q)'' and inserting ``and 437'';
(2) in section 428 (20 U.S.C. 1078)--
(A) in subsection (b)(1)(G)(i), by striking ``or 439(q)'';
(B) by striking subsection (h); and
(C) in subsection (j)(2)--
(i) by inserting ``and'' at the end of subparagraph
(C);
(ii) by striking ``; and'' at the end of subparagraph
(D) and inserting a period; and
(iii) by striking subparagraph (E); and
(3) in section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)), by
striking ``428C, and 439(q),'' and inserting ``and 428C,''.
(b) Federal Deposit Insurance Act.--Section 18(s)(4)(C)(ii)(I) of
the Federal Deposit Insurance Act (12 U.S.C. 1828(s)(4)(C)(ii)(I)) is
amended by striking ``as amended'' and inserting ``as such section
existed on the day before the date of the repeal of such section''.
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
Section 441 (42 U.S.C. 2751) is amended--
(1) in subsection (b), by striking ``$1,000,000,000 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 five succeeding fiscal years.''; and
(2) in subsection (c)(1), by inserting ``emergency preparedness
and response,'' after ``public safety,''.
SEC. 442. 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''.
SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443 (42 U.S.C. 2753) is amended--
(1) in subsection (b)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(2) by adding at the end the following new subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--Funds granted to an institution under this
section may be 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.
``(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.''.
SEC. 444. 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 general.--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, for the period of time
(not to exceed one academic year) in which the disaster-affected
students were prevented from fulfilling the students' work-study
obligations as described in paragraph (2)(A)(iii), as follows:
``(A) Payments may be made 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.
``(B) Payments shall not be made to any student who 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 payments made to disaster-affected students under
this subsection shall meet the matching requirements of section
443, unless such matching requirements are waived by the
Secretary.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected student' means a student
enrolled at an eligible institution who--
``(i) received a work-study award under this section
for the academic year during which a major disaster
occurred;
``(ii) earned Federal work-study wages from such
eligible institution for such academic year;
``(iii) was prevented from fulfilling the student's
work-study obligation for all or part of such academic year
due to such major disaster; and
``(iv) was unable to be reassigned to another work-
study job.
``(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 (42 U.S.C. 5122(2)).''.
SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS.
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking
``$50,000'' and inserting ``$75,000''.
SEC. 446. 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)(A), the Secretary is authorized to award
grants to institutions participating under this part to supplement
off-campus community service employment.
``(2) Use of funds.--An institution shall ensure that funds
granted to such institution under this subsection are used in
accordance with section 443(b)(2)(A) 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 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 five succeeding
fiscal years.''.
SEC. 447. WORK COLLEGES.
Section 448 (42 U.S.C. 2756b) is amended--
(1) by striking ``work-learning'' each place it appears and
inserting ``work-learning-service'';
(2) by striking subsection (e) and inserting the following:
``(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 two years;
``(C) requires 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
five 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.'';
and
(3) in subsection (f), by striking ``$5,000,000'' and all that
follows through the period and inserting ``such sums as may be
necessary for fiscal year 2009 and each of the five succeeding
fiscal years.''.
PART D--FEDERAL DIRECT STUDENT LOAN
SEC. 451. TERMS AND CONDITIONS OF LOANS.
(a) Income-Based Repayment.--Section 455(d)(1) (20 U.S.C.
1087e(d)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) beginning on July 1, 2009, an income-based repayment
plan that enables borrowers who have a partial financial
hardship to make a lower monthly payment in accordance with
section 493C, except that the plan described in this
subparagraph shall not be available to the borrower of a
Federal Direct PLUS Loan made on behalf of a dependent student
or a Federal Direct Consolidation Loan, if the proceeds of such
loan were used to discharge the liability on such Federal
Direct PLUS Loan or a loan under section 428B made on behalf of
a dependent student.''.
(b) Public Service Job Definition.--
(1) In general.--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.''.
(2) Ineligibility for double benefits.--Section 455(m) (20
U.S.C. 1087e(m)) is further amended by adding at the end the
following:
``(4) Ineligibility for double benefits.--No borrower may, for
the same service, receive a reduction of loan obligations under
both this subsection and section 428J, 428K, 428L, or 460.''.
(c) Identity Fraud Protection.--Section 455 (as amended by this
section) (20 U.S.C. 1087e) is amended by adding at the end the
following:
``(n) Identity Fraud Protection.--The Secretary shall take such
steps as may be necessary to ensure that monthly Federal Direct Loan
statements and other publications of the Department do not contain more
than four digits of the Social Security number of any individual.''.
(d) No Accrual of Interest for Active Duty Service Members.--
Section 455 (as amended by this section) (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 in accordance with paragraphs (2) and (4), interest shall
not accrue for an eligible military borrower on a loan made under
this part for which the first disbursement is made 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 for which the first disbursement is made on or after
October 1, 2008.
``(3) Eligible military borrower.--In this subsection, the term
`eligible military 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
military borrower under this subsection may receive the benefit of
this subsection for not more than 60 months.''.
(e) Disclosures.--Section 455 (as amended by this section) (20
U.S.C. 1087e) is further amended by adding at the end the following:
``(p) Disclosures.--Each institution of higher education with which
the Secretary has an agreement under section 453, and each contractor
with which the Secretary has a contract under section 456, shall, with
respect to loans under this part and in accordance with such
regulations as the Secretary shall prescribe, comply with each of the
requirements under section 433 that apply to a lender with respect to a
loan under part B.''.
SEC. 452. FUNDS FOR ADMINISTRATIVE EXPENSES.
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 ``2014''; and
(B) by striking ``2011'' and inserting ``2014''; and
(2) in paragraph (3), by striking ``2011'' and inserting
``2014''.
SEC. 453. GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS; REPORTS
AND COST ESTIMATES.
Section 459A of the Higher Education Act of 1965 (20 U.S.C. 1087i-
1) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Guaranty Agency Responsibilities and Payments.--
Notwithstanding any other provision of this Act, beginning on the date
on which the Secretary purchases a loan under this section--
``(1) the guaranty agency that insured such loan shall cease to
have any obligations, responsibilities, or rights (including rights
to any payment) under this Act for any activity related to the
administration of such loan that is carried out or required to be
carried out on or after the date of such purchase; and
``(2) the insurance issued by such agency pursuant to section
428(b) for such loan shall cease to be effective with respect to
any default on such loan that occurs on or after the date of such
purchase.
``(e) Reports and Cost Estimates.--The Secretary shall prepare,
transmit to the authorizing committees, and make available to the
public, the following:
``(1) Quarterly reports.--
``(A) Contents.--Not later than 60 days after the end of
each quarter during the period beginning July 1, 2008, and
ending September 30, 2009, a quarterly report on--
``(i) the number of loans the Secretary has agreed to
purchase, or has purchased, using the authority provided
under this section, and the total amount of outstanding
principal and accrued interest of such loans, during such
period; and
``(ii) the number of loans in which the Secretary has
purchased a participation interest, and the total amount of
outstanding principal and accrued interest of such loans,
during such period.
``(B) Disaggregated information.--For each quarterly
report, the information described in clauses (i) and (ii) of
subparagraph (A) shall be disaggregated by lender and, for each
lender, by category of institution (using the categories
described in section 132(d)) and type of loan.
``(2) Estimates of purchase program costs.--Not later than
February 15, 2010, an estimate of the costs associated with the
program of purchasing loans described in paragraph (1)(A)(i) during
the period beginning July 1, 2008, and ending September 30, 2009,
and an estimate of the costs associated with the program of
purchasing a participation interest in loans described in paragraph
(1)(A)(ii) during such period. Each such estimate shall--
``(A) contain the same level of detail, and be reported in
a similar manner, as the budget estimates provided for the loan
program under part B and the direct student loan program under
this part in the President's annual budget submission to
Congress, except that current and future administrative costs
shall also be reported;
``(B) include an estimate of the gross and net outlays that
have been, or will be, incurred by the Federal Government
(including subsidy and administrative costs, and any payments
made by the Department to lenders, trusts, or other entities
related to such activities) in purchasing such loans or
purchasing a participation interest in such loans during such
period (as applicable); and
``(C) include a comparison of--
``(i) the average amount of the gross and net outlays
(including costs and payments) described in subparagraph
(B) for each $100 of loans purchased or for which a
participation interest was purchased (as applicable) during
such period, disaggregated by type of loan; with
``(ii) the average amount of such gross and net outlays
(including costs and payments) to the Federal Government
for each $100 of comparable loans made under this part and
part B during such period, disaggregated by part and by
type of loan.
``(3) Annual cost estimates.--Not later than February 15 of the
fiscal year following each of the fiscal years 2008, 2009, and
2010, an annual estimate of the costs associated with the program
of purchasing loans described in paragraph (1)(A)(i), and an annual
estimate of the costs associated with the program of purchasing a
participation interest in loans described in paragraph (1)(A)(ii),
that includes the information described in paragraph (2) for such
fiscal year.''.
SEC. 454. LOAN CANCELLATION FOR TEACHERS.
(a) In General.--Section 460 (20 U.S.C. 1087j) is amended--
(1) in subsection (b)(1)(A)(i)--
(A) by inserting ``or location'' after ``a school''; and
(B) by inserting ``or locations'' after ``schools''; and
(2) in subsection (c)(3)(B)(iii), by inserting ``or, in the
case of a teacher who is employed by an educational service agency,
as certified by the chief administrative officer of such agency,''
after ``borrower is employed,''.
(b) Prevention of Double Benefits.--Section 460(g)(2) (20 U.S.C.
1087j(g)(2)) is amended to read as follows:
``(2) Prevention of double benefits.--No borrower may, for the
same voluntary service, receive a benefit under both this section
and--
``(A) section 428J;
``(B) section 428K;
``(C) section 455(m); or
``(D) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).''.
(c) Technical Amendments.--Section 460(b) (as amended by subsection
(a)(1)) (20 U.S.C. 1087j(b)) is further amended--
(1) by striking paragraph (2);
(2) by striking ``Program Authorized.--'' and all that follows
through ``The Secretary shall'' and inserting ``Program
Authorized.--The Secretary shall'';
(3) by redesignating subparagraph (B) as paragraph (2), and
adjusting the margin accordingly; and
(4) by redesignating subparagraph (A) as paragraph (1), by
redesignating clauses (i) and (ii) of such paragraph (as so
redesignated) as subparagraphs (A) and (B), respectively, and by
adjusting the margins accordingly.
(d) Conforming Amendments.--Section 460 (20 U.S.C. 1087j) is
further amended--
(1) in subsection (c)(1), by striking ``(b)(1)(A)'' and
inserting ``(b)(1)'';
(2) in subsection (c)(3)--
(A) in subparagraph (A)(i), by striking ``(b)(1)'' and
inserting ``(b)''; and
(B) in subparagraph (B)(i), by striking ``(b)(1)'' and
inserting ``(b)''; and
(3) in subsection (g)(3), by striking ``(b)(1)(A)(ii)'' and
inserting ``(b)(1)(B)''.
PART E--FEDERAL 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 all that follows through the period and inserting
``$300,000,000 for fiscal year 2009 and for each of the five
succeeding fiscal years.''; and
(2) in paragraph (2), by striking ``2003'' each place it
appears and inserting ``2015''.
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, once every six months, 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 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) Discharge and Cancellation Rights in Cases of Disability.--
(1) Amendment.--Section 464 (20 U.S.C. 1087dd(c)) is further
amended--
(A) in subsection (c)(1)(F), by striking ``canceled upon
the death'' and all that follows through the semicolon and
inserting ``cancelled--
``(i) upon the death of the borrower;
``(ii) if the borrower becomes permanently and totally
disabled as determined in accordance with regulations of
the Secretary;
``(iii) if the borrower is unable to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment that can be
expected to result in death, has lasted for a continuous
period of not less than 60 months, or can be expected to
last for a continuous period of not less than 60 months; or
``(iv) if the borrower is determined by the Secretary
of Veterans Affairs to be unemployable due to a service-
connected disability;''; and
(B) by adding at the end the following:
``(k) The Secretary may develop such additional safeguards as the
Secretary determines necessary to prevent fraud and abuse in the
cancellation of liability under subsection (c)(1)(F). Notwithstanding
subsection (c)(1)(F), the Secretary may promulgate regulations to
resume collection on loans cancelled under subsection (c)(1)(F) in any
case in which--
``(1) a borrower received a cancellation of liability under
subsection (c)(1)(F) and after the cancellation the borrower--
``(A) receives a loan made, insured, or guaranteed under
this title; or
``(B) has earned income in excess of the poverty line; or
``(2) the Secretary determines necessary.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on July 1, 2008.
(c) 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 striking subparagraph (A) and inserting the
following:
``(A) as a full-time teacher for service in an academic year
(including such a teacher employed by an educational service
agency)--
``(i) in a public or other nonprofit private elementary
school or secondary school, which, for the purpose of this
paragraph and for that year--
``(I) has been determined by the Secretary (pursuant to
regulations of the Secretary and after consultation with
the State educational agency of the State in which the
school is located) to be a school in which the number of
children meeting a measure of poverty under section
1113(a)(5) of the Elementary and Secondary Education Act of
1965, exceeds 30 percent of the total number of children
enrolled in such school; and
``(II) is in the school district of a local educational
agency which is eligible in such year for assistance
pursuant to part A of title I of the Elementary and
Secondary Education Act of 1965; or
``(ii) in one or more public, or nonprofit private,
elementary schools or secondary schools or locations operated
by an educational service agency that have been determined by
the Secretary (pursuant to regulations of the Secretary and
after consultation with the State educational agency of the
State in which the educational service agency operates) to be a
school or location at which the number of children taught who
meet a measure of poverty under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965, exceeds 30
percent of the total number of children taught at such school
or location;'';
(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 (C), by inserting ``, including a
system administered by an educational service agency'' after
``secondary school system'';
(D) by striking subparagraph (F) and inserting the
following:
``(F) as a full-time law enforcement officer or corrections
officer for service to local, State, or Federal law enforcement or
corrections agencies, or as a full-time attorney employed in a
defender organization established in accordance with section
3006A(g)(2) of title 18, United States Code;'';
(E) in subparagraph (H), by striking ``or'' after the
semicolon;
(F) in subparagraph (I), by striking the period and
inserting a semicolon; and
(G) 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 part A of title I of the
Elementary and Secondary Education Act of 1965; or
``(ii) a public library that serves a geographic area that
contains one or more schools eligible for assistance under part
A of title I of the Elementary and Secondary Education Act of
1965; or
``(M) as a full-time speech language pathologist, if the
pathologist has a masters 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 FEDERAL PERKINS LOANS.
It is the sense of Congress that 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.
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
(a) Amendments.--Section 472(3) (20 U.S.C. 1087ll(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, 2010.
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS.
(a) Amendments.--Section 479A(a) (as amended by Public Law 110-84)
(20 U.S.C. 1087tt(a)) is amended--
(1) by striking ``medical or dental expenses'' and inserting
``medical, dental, or nursing home expenses'';
(2) by inserting ``or dependent care'' after ``child care'';
(3) by inserting ``student or'' before ``family member who is a
dislocated worker''; and
(4) by striking the second to last sentence and inserting the
following: ``In addition, nothing in this title shall be
interpreted as limiting the authority of the student financial aid
administrator in such cases (1) to request and use supplementary
information about the financial status or personal circumstances of
eligible applicants in selecting recipients and determining the
amount of awards under this title, or (2) to offer a dependent
student financial assistance under section 428H or a Federal Direct
Unsubsidized Stafford Loan without requiring the parents of such
student to file the financial aid form prescribed under section 483
if the student financial aid administrator verifies that the parent
or parents of such student have ended financial support of such
student and refuse to file such form.''.
(b) Effective Date Amendment to the College Cost Reduction and
Access Act.--Section 603(b) of the College Cost Reduction and Access
Act (Public Law 110-84) is amended by striking ``July 1, 2009'' and
inserting ``the date of enactment of the Higher Education Opportunity
Act''.
SEC. 473. DEFINITIONS.
(a) Total Income.--Section 480(a) (as amended by Public Law 110-84)
(20 U.S.C. 1087vv(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) and'' after ``provided
in''; and
(C) by adding at the end the following new subparagraph:
``(B) Notwithstanding section 478(a), the Secretary may provide for
the use of data from the second preceding tax year when and to the
extent necessary to carry out the simplification of applications
(including simplification for a subset of applications) used for the
estimation and determination of financial aid eligibility. Such
simplification may include the sharing of data between the Internal
Revenue Service and the Department, pursuant to the consent of the
taxpayer.''; and
(2) in paragraph (2), by inserting ``no portion of veterans'
education benefits received by an individual,'' after ``any program
by an individual,''.
(b) Untaxed Income and Benefits.--Section 480(b)(1)(E) (as amended
by Public Law 110-84) (20 U.S.C. 1087vv(b)(1)(E)) 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) Independent Student.--Section 480(d)(1) (as amended by Public
Law 110-84) (20 U.S.C. 1087vv(d)(1)) is amended--
(1) by striking subparagraph (B) and inserting the following:
``(B) is an orphan, in foster care, or a ward of the court,
or was an orphan, in foster care, or a ward of the court at any
time when the individual was 13 years of age or older;''; and
(2) by striking subparagraph (C) and inserting the following:
``(C) is, or was immediately prior to attaining the age of
majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the
individual's State of legal residence;''.
(d) Treatment of Cooperative Education Work Income.--Section 480(e)
(as amended by Public Law 110-84) (20 U.S.C. 1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (5) as paragraphs
(3) through (6), 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;''.
(e) Other Financial Assistance.--Section 480(j)(1) (20 U.S.C.
1087vv(j)(1)) is amended--
(1) by striking ``veterans' education benefits as defined in
subsection (c), and''; and
(2) by inserting before the period at the end the following:
``, but excluding veterans' education benefits as defined in
subsection (c)''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2010.
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE
SEC. 481. DEFINITIONS.
Section 481 (20 U.S.C. 1088) is amended--
(1) in subsection (a)(2)(B), by inserting ``and that measures
program length in credit hours or clock hours'' after
``baccalaureate degree''; and
(2) by adding at the end the following:
``(e) Consumer Reporting Agency.--For purposes of this title, the
term `consumer reporting agency' has the meaning given the term
`consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis' in Section 603(p) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(p)).
``(f) Definition of Educational Service Agency.--For purposes of
parts B, D, and E, the term `educational service agency' has the
meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.''.
SEC. 482. MASTER CALENDAR.
(a) Amendment.--Section 482 (20 U.S.C. 1089) is amended--
(1) in subsection (a)(1), 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)(5) published in the
Federal Register;
``(C) by June 1: final modifications, updates, and notices
pursuant to sections 478 and 483(a)(5) published in the Federal
Register;''; and
(2) 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.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect on July 1, 2010.
SEC. 483. 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), by striking paragraphs (1) through (7)
and inserting 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). The 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 families to read and
understand, and shall ensure that the FAFSA is available in formats
accessible to individuals with disabilities.
``(2) Paper format.--
``(A) In general.--The Secretary shall develop, make
available, and process--
``(i) a paper version of EZ FAFSA, as described in
subparagraph (B); and
``(ii) a paper version of the other forms described in
this subsection, in accordance with subparagraph (C), for
any applicant who does not meet the requirements of or does
not wish to use the process described in subparagraph (B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary shall develop and use,
after appropriate field testing, a simplified paper form,
to be known as the EZ FAFSA, to be used for applicants
meeting the requirements of subsection (b) or (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 subsection (b) or (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 (5),
except that the Secretary shall not include a State's data
if that State does not permit the State's resident
applicants to use the EZ FAFSA for State assistance.
``(iv) Free availability and processing.--The
provisions of paragraph (6) 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 (10).
``(C) Promoting the use of electronic fafsa.--
``(i) In general.--The Secretary shall make all efforts
to encourage all applicants to utilize the electronic
version of the forms described in paragraph (3).
``(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,
accessible, and downloadable to students on the same
website used to provide students with the electronic
version of the forms described in paragraph (3).
``(iii) Requests for printed copy.--The Secretary shall
provide a printed copy of the full paper version of FAFSA
upon request.
``(iv) Reporting requirement.--The Secretary shall
maintain data, and periodically report to Congress, on the
impact of the digital divide on students completing
applications for aid under this title. The Secretary shall
report on the steps taken to eliminate the digital divide
and reduce production of the paper form described in
subparagraph (A). The Secretary's report shall specifically
address the impact of the digital divide on the following
student populations:
``(I) Independent students.
``(II) Traditionally underrepresented students.
``(III) Dependent students.
``(3) Electronic format.--
``(A) In general.--The Secretary shall produce, distribute,
and process forms in electronic format to meet the requirements
of paragraph (1). The Secretary shall develop an electronic
version of the forms for applicants who do not meet the
requirements of subsection (b) or (c) of section 479.
``(B) Simplified applications: fafsa on the web.--
``(i) In general.--The Secretary shall develop and use
a simplified electronic version of the form to be used by
applicants meeting the requirements under subsection (b) or
(c) of section 479.
``(ii) Reduced data requirements.--The simplified
electronic version of the 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) 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.
``(C) State data.--The Secretary shall include on the
electronic version of the forms such items as may be necessary
to determine eligibility for State financial assistance, as
provided under paragraph (5), except the Secretary shall not
require an applicant to enter data pursuant to this
subparagraph that are required by any State other than the
applicant's State of residence.
``(D) Availability and processing.--The data collected by
means of the simplified electronic version of the forms shall
be available to institutions of higher education, guaranty
agencies, and States in accordance with paragraph (10).
``(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, 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 continue to permit an electronic
version of the 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).
``(G) Personal identification numbers authorized.--The
Secretary may continue to assign to an applicant a personal
identification number--
``(i) to enable the applicant to use such number as a
signature for purposes of completing an electronic version
of a form developed under this paragraph; and
``(ii) for any purpose determined by the Secretary to
enable the Secretary to carry out this title.
``(H) Personal identification number improvement.--The
Secretary shall continue to work with the Commissioner of
Social Security 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.
``(4) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary shall continue to
streamline reapplication forms and processes for an
applicant who applies for financial assistance under this
title in the next succeeding academic year subsequent to an
academic year for which such applicant applied for
financial assistance under this title.
``(ii) Updating of data elements.--The Secretary shall
determine, in cooperation with States, institutions of
higher education, agencies, and organizations involved in
student financial assistance, the data elements that may be
transferred from the previous academic year's application
and those data elements that shall be updated.
``(iii) 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.
``(iv) 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 data that are necessary to
determine eligibility under such section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the number of data
elements on the FAFSA used for the 2009-2010 award year,
the Secretary, in cooperation with representatives of
agencies and organizations involved in student financial
assistance and consistent with efforts under subsection
(c), 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.
``(ii) Report.--The Secretary shall submit a report on
the process of this reduction to each of the authorizing
committees by June 30, 2011.
``(5) State requirements.--
``(A) In general.--Except as provided in paragraphs
(2)(B)(iii), (3)(B), and (4)(A)(ii), the Secretary shall
include on the forms developed under this subsection, such
State-specific data items as the Secretary determines are
necessary to meet State requirements for need-based State aid.
Such items shall be selected in consultation with State
agencies in order to assist in the awarding of State financial
assistance in accordance with the terms of this subsection. The
number of such data items shall not be less than the number
included on the form for the 2008-2009 award 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 to determine--
``(i) which data items each State requires to award
need-based State aid; and
``(ii) if the State will permit an applicant to file a
form described in paragraph (2)(B) or (3)(B).
``(C) Federal register notice.--Beginning with the forms
developed under paragraphs (2)(B) and (3)(B) for the award year
2010-2011, 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 forms described in
paragraphs (2)(B) and (3)(B); and
``(ii) of the State-specific nonfinancial data that the
State agency requires for delivery of State need-based
financial aid.
``(D) Use of simplified forms encouraged.--The Secretary
shall encourage States to take such steps as are necessary to
encourage the use of simplified forms under this subsection,
including those forms described in paragraphs (2)(B) and
(3)(B), for applicants who meet the requirements of subsection
(b) or (c) of section 479.
``(E) Consequences if state does not accept simplified
forms.--If a State does not permit an applicant to file a form
described in paragraph (2)(B) or (3)(B) for purposes of
determining eligibility for State need-based financial aid, the
Secretary may determine that State-specific questions for such
State will not be included on a form described in paragraph
(2)(B) or (3)(B). If the Secretary makes such determination,
the Secretary shall advise the State of the Secretary's
determination.
``(F) Lack of state response to request for information.--
If a State does not respond to the Secretary's request for
information under subparagraph (B), the Secretary shall--
``(i) permit residents of that State to complete
simplified forms under paragraphs (2)(B) and (3)(B); and
``(ii) not require any resident of such State to
complete any data items previously required by that State
under this section.
``(G) Restriction.--The Secretary shall, to the extent
practicable, not require applicants to complete any financial
or nonfinancial data items that are not required--
``(i) by the applicant's State; or
``(ii) by the Secretary.
``(6) Charges to students and parents for use of forms
prohibited.--The need and eligibility of a student for financial
assistance under parts A through E (other than under subpart 4 of
part A) may be determined only by using a form developed by the
Secretary under this subsection. Such forms shall be produced,
distributed, and processed by the Secretary, and no parent or
student shall be charged a fee by the Secretary, a contractor, a
third-party servicer or private software provider, or any other
public or private entity for the collection, processing, or
delivery of financial aid through the use of such forms. No data
collected on a form for which a fee is charged shall be used to
complete the form prescribed under this section, except that a
Federal or State income tax form prepared by a paid income tax
preparer or preparer service for the primary purpose of filing a
Federal or State income tax return may be used to complete the form
prescribed under this section.
``(7) Restrictions on use of pin.--No person, commercial
entity, or other entity may request, obtain, or utilize an
applicant's personal identification number assigned under paragraph
(3)(G) for purposes of submitting a form developed under this
subsection on an applicant's behalf.
``(8) Application processing cycle.--The Secretary shall enable
students to submit forms developed under this subsection and
initiate the processing of such forms under this subsection, as
early as practicable prior to January 1 of the student's planned
year of enrollment.
``(9) Early estimates.--The Secretary shall continue to--
``(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;
``(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 under this title; and
``(E) consult with representatives of States, institutions
of higher education, and other individuals with experience or
expertise in student financial assistance application processes
in making updates to forms used to provide early estimates
under this paragraph.
``(10) Distribution of data.--Institutions of higher education,
guaranty agencies, and States shall receive, without charge, the
data collected by the Secretary using a form developed under this
subsection for the purposes of processing loan applications and
determining need and eligibility for institutional and State
financial aid awards. Entities designated by institutions of higher
education, guaranty agencies, or States to receive such data shall
be subject to all the requirements of this section, unless such
requirements are waived by the Secretary.
``(11) Third party servicers and private software providers.--
To the extent practicable and in a timely manner, the Secretary
shall provide, to private organizations and consortia that develop
software used by institutions of higher education for the
administration of funds under this title, all the necessary
specifications that the organizations and consortia must meet for
the software the organizations and consortia develop, produce, and
distribute (including any diskette, modem, or network
communications) to be so used. The specifications shall contain
record layouts for required data. The Secretary shall develop in
advance of each processing cycle an annual schedule for providing
such specifications. The Secretary, to the extent practicable,
shall use multiple means of providing such specifications,
including conferences and other meetings, outreach, and technical
support mechanisms (such as training and printed reference
materials). The Secretary shall, from time to time, solicit from
such organizations and consortia means of improving the support
provided by the Secretary.
``(12) Parent's social security number and birth date.--The
Secretary is authorized to include space on the forms developed
under this subsection for the social security number and birth date
of parents of dependent students seeking financial assistance under
this title.'';
(2) by striking subsections (b) and (e);
(3) by redesignating subsections (c) and (d) (as amended by
section 103(b)(10)) as subsections (b) and (c), respectively;
(4) in subsection (c) (as redesignated by paragraph (3)), by
striking ``that is authorized'' and all that follows through the
period at the end and inserting ``or other appropriate provider of
technical assistance and information on postsecondary educational
services for individuals with disabilities, including the National
Technical Assistance Center under section 777. The Secretary shall
continue to implement, to the extent practicable, a toll-free
telephone based system to permit applicants who meet the
requirements of subsection (b) or (c) of section 479 to submit an
application over such system.''; and
(5) by adding at the end the following:
``(d) Assistance in Preparation of Financial Aid Application.--
``(1) Preparation authorized.--Notwithstanding any provision of
this Act, an applicant may use a preparer for consultative or
preparation services for the completion of a form developed under
subsection (a) if the preparer satisfies the requirements of this
subsection.
``(2) Preparer identification required.--If an applicant uses a
preparer for consultative or preparation services for the
completion of a form developed under subsection (a), and for which
a fee is charged, the preparer shall--
``(A) include, at the time the form is submitted to the
Department, the name, address or employer's address, social
security number or employer identification number, and
organizational affiliation of the preparer on the applicant's
form; and
``(B) be subject to the same penalties as an applicant for
purposely giving false or misleading information in the
application.
``(3) Additional requirements.--A preparer that provides
consultative or preparation services pursuant to this subsection
shall--
``(A) clearly inform each individual upon initial contact,
including contact through the Internet or by telephone, that
the FAFSA and EZ FAFSA are free forms that may be completed
without professional assistance via paper or electronic version
of the forms that are provided by the Secretary;
``(B) include in any advertising clear and conspicuous
information that the FAFSA and EZ FAFSA are free forms that may
be completed without professional assistance via paper or
electronic version of the forms that are provided by the
Secretary;
``(C) if advertising or providing any information on a
website, or if providing services through a website, include on
the website a link to the website that provides the electronic
version of the forms developed under subsection (a); and
``(D) not produce, use, or disseminate any other form for
the purpose of applying for Federal student financial aid other
than the form developed by the Secretary under subsection (a).
``(4) Special rule.--Nothing in this Act shall be construed to
limit preparers of the forms required under this title that meet
the requirements of this subsection from collecting source
information from a student or parent, including Internal Revenue
Service tax forms, in providing consultative and preparation
services in completing the forms.
``(e) Early Application and Estimated Award Demonstration
Program.--
``(1) Purpose and objectives.--The purpose of the demonstration
program under this subsection is to measure the benefits, in terms
of student aspirations and plans to attend an institution of higher
education, and any 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 two years prior to the year of enrollment.
Additional objectives associated with implementation of the
demonstration program are the following:
``(A) To measure the feasibility of enabling dependent
students to apply for Federal, State, and institutional
financial aid in their junior year of secondary school, using
information from two years prior to the year of enrollment, by
completing any of the forms under this subsection.
``(B) To identify whether receiving final financial aid
award estimates not later than the fall of the senior year of
secondary school 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.
``(C) To 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.
``(D) To effectively evaluate the benefits and adverse
effects of the demonstration program on program costs,
integrity, distribution, and delivery of financial aid.
``(2) Program authorized.--Not later than two years after the
date of enactment of the Higher Education Opportunity Act, the
Secretary shall implement an early application demonstration
program enabling dependent students who wish to participate in the
program--
``(A) to complete an application under this subsection
during the academic year that is two years prior to the year
such students plan to enroll in an institution of higher
education; and
``(B) based on the application described in subparagraph
(A), to obtain, not later than one year prior to the year of
the students' planned enrollment, information on eligibility
for Federal Pell Grants, Federal student loans under this
title, and State and institutional financial aid for the
student's first year of enrollment in the institution of higher
education.
``(3) Early application and estimated award.--For all dependent
students selected for participation in the demonstration program
who submit a completed FAFSA, or, as appropriate, an EZ FAFSA, two
years prior to the year such students plan to enroll in an
institution of higher education, the Secretary shall, not later
than one year prior to the year of such planned enrollment--
``(A) provide each student who completes an early
application with an estimated determination of such student's--
``(i) expected family contribution for the first year
of the student's enrollment in an institution of higher
education; and
``(ii) Federal Pell Grant award for the first such
year, based on the maximum Federal Pell Grant award at the
time of application; and
``(B) remind the students of the need to update the
students' information during the calendar year of enrollment
using the expedited reapplication process provided for in
subsection (a)(4)(A).
``(4) Participants.--The Secretary shall include as
participants in the demonstration program--
``(A) States selected through the application process
described in paragraph (5);
``(B) institutions of higher education within the selected
States that are interested in participating in the
demonstration program, and that can make estimates or
commitments of institutional student financial aid, as
appropriate, to students the year before the students' planned
enrollment date; and
``(C) secondary schools within the selected States that are
interested in participating in the demonstration program, and
that can commit resources to--
``(i) advertising the availability of the program;
``(ii) identifying students who might be interested in
participating in the program;
``(iii) encouraging such students to apply; and
``(iv) participating in the evaluation of the program.
``(5) Applications.--Each State that is interested in
participating in the demonstration program shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary shall require. The
application shall include--
``(A) information on the amount of the State's need-based
student financial assistance available, and the eligibility
criteria for receiving such assistance;
``(B) a commitment to make, not later than the year before
the dependent students participating in the demonstration
program plan to enroll in an institution of higher education,
an estimate of the award of State financial aid to such
dependent students;
``(C) a plan for recruiting institutions of higher
education and secondary schools with different demographic
characteristics to participate in the program;
``(D) a plan for selecting institutions of higher education
and secondary schools to participate in the program that--
``(i) demonstrate a commitment to encouraging students
to submit a FAFSA, or, as appropriate, an EZ FAFSA, two
years before the students' planned date of enrollment in an
institution of higher education;
``(ii) serve different populations of students;
``(iii) in the case of institutions of higher
education--
``(I) to the extent possible, are of varying types
and sectors; and
``(II) commit to making, not later than the year
prior to the year that dependent students participating
in the demonstration program plan to enroll in the
institution--
``(aa) estimated institutional awards to
participating dependent students; and
``(bb) estimated grants or other financial aid
available under this title (including supplemental
grants under subpart 3 of part A), for all
participating dependent students, along with
information on State awards, as provided to the
institution by the State;
``(E) a commitment to participate in the evaluation
conducted by the Secretary; and
``(F) such other information as the Secretary may require.
``(6) Special provisions.--
``(A) Discretion of student financial aid administrators.--
A financial aid administrator at an institution of higher
education participating in a demonstration program under this
subsection may use the discretion provided under section 479A
as necessary for students participating in the demonstration
program.
``(B) Waivers.--The Secretary is authorized to waive, for
an institution of higher education participating in the
demonstration program, any requirements under this title, or
regulations prescribed under this title, that will make the
demonstration program unworkable, except that the Secretary
shall not waive any provisions with respect to the maximum
award amounts for grants and loans under this title.
``(7) Outreach.--The Secretary shall make appropriate efforts
to notify States of the demonstration program under this
subsection. Upon determination of participating States, the
Secretary shall continue to make efforts to notify institutions of
higher education and dependent students within participating States
of the opportunity to participate in the demonstration program and
of the participation requirements.
``(8) Evaluation.--The Secretary shall conduct a rigorous
evaluation of the demonstration program to measure the program's
benefits and adverse effects, as the benefits and effects relate to
the purpose and objectives of the program described in paragraph
(1). In conducting the evaluation, the Secretary shall--
``(A) identify whether receiving financial aid estimates
one year prior to the year in which the student plans to enroll
in an institution of higher education, has a positive impact on
the higher education aspirations and plans of such student;
``(B) measure the extent to which using a student's income
information from the year that is two years prior to the
student's planned enrollment date had an impact on the ability
of States and institutions of higher education to make
financial aid awards and commitments;
``(C) determine what operational changes are required to
implement the program on a larger scale;
``(D) identify any changes to Federal law that are
necessary to implement the program on a permanent basis;
``(E) identify the benefits and adverse effects of
providing early estimates on program costs, program operations,
program integrity, award amounts, distribution, and delivery of
aid; and
``(F) examine the extent to which estimated awards differ
from actual awards made to students participating in the
program.
``(9) Consultation.--The Secretary shall consult, as
appropriate, with the Advisory Committee on Student Financial
Assistance established under section 491 on the design,
implementation, and evaluation of the demonstration program.
``(f) Reduction of Income and Asset Information to Determine
Eligibility for Student Financial Aid.--
``(1) Continuation of current fafsa simplification efforts.--
The Secretary shall continue to examine--
``(A) how the Internal Revenue Service can provide to the
Secretary income and other data needed to compute an expected
family contribution for taxpayers and dependents of taxpayers,
and when in the application cycle the data can be made
available;
``(B) whether data provided by the Internal Revenue Service
can be used to--
``(i) prepopulate the electronic version of the FAFSA
with student and parent taxpayer data; or
``(ii) generate an expected family contribution without
additional action on the part of the student and taxpayer;
and
``(C) whether the data elements collected on the FAFSA that
are needed to determine eligibility for student aid, or to
administer the Federal student financial aid programs under
this title, but are not needed to compute an expected family
contribution, such as information regarding the student's
citizenship or permanent residency status, registration for
selective service, or driver's license number, can be reduced
without adverse effects.
``(2) Report on fafsa simplification efforts to date.--Not
later than 90 days after the date of enactment of the Higher
Education Opportunity Act, the Secretary shall provide a written
report to the authorizing committees on the work the Department has
done with the Secretary of the Treasury regarding--
``(A) how the expected family contribution of a student can
be calculated using substantially less income and asset
information than was used on March 31, 2008;
``(B) the extent to which the reduced income and asset
information will result in a redistribution of Federal grants
and subsidized loans under this title, State aid, or
institutional aid, or in a change in the composition of the
group of recipients of such aid, and the amount of such
redistribution;
``(C) how the alternative approaches for calculating the
expected family contribution will--
``(i) rely mainly, in the case of students and parents
who file income tax returns, on information available on
the 1040, 1040EZ, and 1040A; and
``(ii) include formulas for adjusting income or asset
information to produce similar results to the existing
approach with less data;
``(D) how the Internal Revenue Service can provide to the
Secretary of Education income and other data needed to compute
an expected family contribution for taxpayers and dependents of
taxpayers, and when in the application cycle the data can be
made available;
``(E) whether data provided by the Internal Revenue Service
can be used to--
``(i) prepopulate the electronic version of the FAFSA
with student and parent taxpayer data; or
``(ii) generate an expected family contribution without
additional action on the part of the student and taxpayer;
``(F) the extent to which the use of income data from two
years prior to a student's planned enrollment date will change
the expected family contribution computed in accordance with
part F, and potential adjustments to the need analysis formula
that will minimize the change; and
``(G) the extent to which the data elements collected on
the FAFSA on March 31, 2008, that are needed to determine
eligibility for student aid or to administer the Federal
student financial aid programs, but are not needed to compute
an expected family contribution, such as information regarding
the student's citizenship or permanent residency status,
registration for selective service, or driver's license number,
can be reduced without adverse effects.
``(3) Study.--
``(A) Formation of study group.--Not later than 90 days
after the date of enactment of the Higher Education Opportunity
Act, the Comptroller General shall convene a study group the
membership of which shall include the Secretary of Education,
the Secretary of the Treasury, the Director of the Office of
Management and Budget, the Director of the Congressional Budget
Office, representatives of institutions of higher education
with expertise in Federal and State financial aid assistance,
State chief executive officers of higher education with a
demonstrated commitment to simplifying the FAFSA, and such
other individuals as the Comptroller General and the Secretary
of Education may designate.
``(B) Study required.--The Comptroller General, in
consultation with the study group convened under subparagraph
(A) shall--
``(i) review and build on the work of the Secretary of
Education and the Secretary of the Treasury, and
individuals with expertise in analysis of financial need,
to assess alternative approaches for calculating the
expected family contribution under the statutory need
analysis formula in effect on the day before the date of
enactment of the Higher Education Opportunity Act and under
a new calculation that will use substantially less income
and asset information than was used for the 2008-2009
FAFSA;
``(ii) conduct an additional analysis if necessary; and
``(iii) make recommendations to the authorizing
committees.
``(C) Objectives of study.--The objectives of the study
required under subparagraph (B) are--
``(i) to determine methods to shorten the FAFSA and
make the FAFSA easier and less time-consuming to complete,
thereby increasing higher education access for low-income
students;
``(ii) to identify changes to the statutory need
analysis formula that will be necessary to reduce the
amount of financial information students and families need
to provide to receive a determination of eligibility for
student financial aid without causing significant
redistribution of Federal grants and subsidized loans under
this title; and
``(iii) to review State and institutional needs and
uses for data collected on the FAFSA, and to determine the
best means of addressing such needs in the case of
modification of the FAFSA as described in clause (i), or
modification of the need analysis formula as described in
clause (ii).
``(D) Required subjects of study.--The study required under
subparagraph (B) shall examine--
``(i) with respect to simplification of the financial
aid application process using the statutory requirements
for need analysis--
``(I) additional steps that can be taken to
simplify the financial aid application process for
students who (or, in the case of dependent students,
whose parents) are not required to file a Federal
income tax return for the prior taxable year;
``(II) information on State use of information
provided on the FAFSA, including--
``(aa) whether a State uses, as of the time of
the study, or can use, a student's expected family
contribution based on data from two years prior to
the student's planned enrollment date;
``(bb) the extent to which States and
institutions will accept the data provided by the
Internal Revenue Service to prepopulate the
electronic version of the FAFSA to determine the
distribution of State and institutional student
financial aid funds;
``(cc) what data are used by States, as of the
time of the study, to determine eligibility for
State student financial aid, and whether the data
are used for merit- or need-based aid;
``(dd) whether State data are required by State
law, State regulations, or policy directives; and
``(ee) the extent to which any State-specific
information requirements can be met by completion
of a State application linked to the electronic
version of the FAFSA; and
``(III) information on institutional needs,
including the extent to which institutions of higher
education are already using supplemental forms to
collect additional data from students and their
families to determine eligibility for institutional
funds; and
``(ii) ways to reduce the amount of financial
information students and families need to provide to
receive a determination of eligibility for student
financial aid, taking into account--
``(I) the amount of redistribution of Federal
grants and subsidized loans under this title caused by
such a reduction, and the benefits to be gained by
having an application process that will be easier for
students and their families;
``(II) students and families who do not file income
tax returns;
``(III) the extent to which the full array of
income and asset information collected on the FAFSA, as
of the time of the study, plays an important role in
the awarding of need-based State financial aid, and
whether the State can use an expected family
contribution generated by the FAFSA, instead of income
and asset information or a calculation with reduced
data elements, to support determinations of eligibility
for such State aid programs and, if not, what
additional information will be needed or what changes
to the FAFSA will be required; and
``(IV) information on institutional needs,
including the extent to which institutions of higher
education are already using supplemental forms to
collect additional data from students and their
families to determine eligibility for institutional
funds; and
``(V) changes to this Act or other laws that will
be required to implement a modified need analysis
system.
``(4) Consultation.--The Secretary shall consult with the
Advisory Committee on Student Financial Assistance established
under section 491 as appropriate in carrying out this subsection.
``(5) Reports.--
``(A) Reports on study.--The Secretary shall prepare and
submit to the authorizing committees--
``(i) not later than one year after the date of
enactment of the Higher Education Opportunity Act, an
interim report on the progress of the study required under
paragraph (3) that includes any preliminary recommendations
by the study group established under such paragraph; and
``(ii) not later than two years after the date of
enactment of the Higher Education Opportunity Act, a final
report on the results of the study required under paragraph
(3) that includes recommendations by the study group
established under such paragraph.
``(B) Reports on fafsa simplification efforts.--The
Secretary shall report to the authorizing committees, from time
to time, on the progress of the simplification efforts under
this subsection.
``(g) Addressing the Digital Divide.--The Secretary shall utilize
savings accrued by moving more applicants to the electronic version of
the forms described in subsection (a)(3) to improve access to the
electronic version of the forms described in such subsection for
applicants meeting the requirements of subsection (b) or (c) of section
479.
``(h) Adjustments.--The Secretary shall disclose, on the form
notifying a student of the student's expected family contribution, that
the student may, on a case-by-case basis, qualify for an adjustment
under section 479A to the cost of attendance or the values of the data
items required to calculate the expected contribution for the student
or parent. Such disclosure shall specify--
``(1) the special circumstances under which a student or family
member may qualify for such adjustment; and
``(2) additional information regarding the steps a student or
family member may take in order to seek an adjustment under section
479A.''.
SEC. 484. MODEL INSTITUTION FINANCIAL AID OFFER FORM.
(a) Model Format.--The Secretary of Education shall--
(1) not later than six months after the date of enactment of
the Higher Education Opportunity Act, convene a group of students,
families of students, secondary school guidance counselors,
representatives of institutions of higher education (including
financial aid administrators, registrars, and business officers),
and nonprofit consumer groups for the purpose of offering
recommendations for improvements that--
(A) can be made to financial aid offer forms; and
(B) include the information described in subsection (b);
(2) develop a model format for financial aid offer forms based
on the recommendations of the group; and
(3) not later than one year after the date of enactment of the
Higher Education Opportunity Act--
(A) submit recommendations to the authorizing committees
(as defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003); and
(B) make the recommendations and model format widely
available.
(b) Contents.--The recommendations developed under subsection (a)
for model financial aid offer forms shall include, in a consumer-
friendly manner that is simple and understandable, the following:
(1) Information on the student's cost of attendance, including
the following:
(A) Tuition and fees.
(B) Room and board costs.
(C) Books and supplies.
(D) Transportation.
(2) The amount of financial aid that the student does not have
to repay, such as scholarships, grants, and work-study assistance,
offered to the student for such year, and the conditions of such
financial aid.
(3) The types and amounts of loans under part B, D, or E of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.) for which the student is
eligible for such year, and the applicable terms and conditions of
such loans.
(4) The net amount that the student, or the student's family on
behalf of the student, will have to pay for the student to attend
the institution for such year, equal to--
(A) the cost of attendance for the student for such year;
minus
(B) the amount of financial aid described in paragraphs (2)
and (3) that is offered in the financial aid offer form.
(5) Where a student or the student's family can seek additional
information regarding the financial aid offered.
(6) Any other information the Secretary of Education determines
necessary so that students and parents can make informed student
loan borrowing decisions.
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 ``number,'' and all
that follows through the semicolon and inserting ``number;'';
and
(B) in paragraph (5)--
(i) by inserting ``or'' after ``a permanent resident of
the United States,''; and
(ii) by striking ``citizen or permanent resident'' and
all that follows through the semicolon and inserting
``citizen or permanent resident;'';
(2) in subsection (b)(1), by inserting ``, or under section
428H pursuant to an exercise of discretion under section 479A''
after ``428C'';
(3) in subsection (d), by adding at the end the following:
``(4) The student shall be determined by the institution of
higher education as having the ability to benefit from the
education or training offered by the institution of higher
education upon satisfactory completion of six credit hours or the
equivalent coursework that are applicable toward a degree or
certificate offered by the institution of higher education.'';
(4) by striking subsection (j);
(5) 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 recognized associate, recognized
baccalaureate, or recognized 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) 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 beginning prior to July 1,
2008, the Secretary shall not take any compliance, disallowance,
penalty, or other action based on a violation of this subsection
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.'';
(6) by striking subsection (q) and inserting the following:
``(q) Use of Income Data.--
``(1) Matching with irs.--The Secretary, in cooperation with
the Secretary of the Treasury, is authorized to obtain from the
Internal Revenue Service such information reported on Federal
income tax returns by applicants, or by any other person whose
financial information is required to be provided on the Federal
student financial aid application, as the Secretary determines is
necessary for the purpose of--
``(A) prepopulating the Federal student financial aid
application described in section 483; or
``(B) verifying the information reported on such student
financial aid applications.
``(2) Consent.--The Secretary may require that applicants for
financial assistance under this title provide a consent to the
disclosure of the data described in paragraph (1) as a condition of
the student receiving assistance under this title. The parents of
an applicant, in the case of a dependent student, or the spouse of
an applicant, in the case of an applicant who is married but files
separately, may also be required to provide consent as a condition
of the student receiving assistance under this title.'';
(7) 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'';
(8) by adding at the end the following:
``(s) Students With Intellectual Disabilities.--
``(1) Definitions.--In this subsection the terms `comprehensive
transition and postsecondary program for students with intellectual
disabilities' and `student with an intellectual disability' have
the meanings given the terms in section 760.
``(2) Requirements.--Notwithstanding subsections (a), (c), and
(d), in order to receive any grant or work assistance under section
401, subpart 3 of part A, or part C, a student with an intellectual
disability shall--
``(A) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary 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).
``(3) Authority.--Notwithstanding any other provision of law
unless such provision is 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 (other than a
provision of part F related to such a program), or any
institutional eligibility provisions of this title, as the
Secretary determines necessary to ensure that programs enrolling
students with intellectual disabilities otherwise determined to be
eligible under this subsection may receive such financial
assistance.
``(4) Regulations.--Notwithstanding regulations applicable to
grant or work assistance awards made under section 401, subpart 3
of part A, and part C (other than a regulation under part F related
to such an award), 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.''; and
(9) by adding after subsection (s) (as added by paragraph (7))
the following:
``(t) Data Analysis on Access to Federal Student Aid For Certain
Populations.--
``(1) Development of the system.--Within one year of enactment
of the Higher Education Opportunity Act, the Secretary shall
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 website and the Digest of Education 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, 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 subsection (a) shall
take effect on July 1, 2010, except that the amendments made by
paragraphs (3), (4), and (8) of such subsection shall take effect on
the date of enactment of this Act.
SEC. 486. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS.
Section 484A (20 U.S.C. 1091a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) in collecting any obligation arising from a loan made
under part E, 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.''; and
(2) by adding at the end the following:
``(d) Special Rule.--This section shall not apply in the case of a
student who is deceased, or to a deceased student's estate or the
estate of such student's family. If a student is deceased, then the
student's estate or the estate of the student's family shall not be
required to repay any financial assistance under this title, including
interest paid on the student's behalf, collection costs, or other
charges specified in this title.''.
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting
after section 484B the following:
``SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
``(a) Definition of Service in the Uniformed Services.--In this
section, the term `service in the uniformed services' means service
(whether voluntary or involuntary) on active duty in the Armed Forces,
including such service by a member of the National Guard or Reserve,
for a period of more than 30 days under a call or order to active duty
of more than 30 days.
``(b) Discrimination Against Students Who Serve in the Uniformed
Services Prohibited.--A person who is a member of, applies to be a
member of, performs, has performed, applies to perform, or has an
obligation to perform, service in the uniformed services shall not be
denied readmission to an institution of higher education on the basis
of that membership, application for membership, performance of service,
application for service, or obligation.
``(c) Readmission Procedures.--
``(1) In general.--Any student whose absence from an
institution of higher education is necessitated by reason of
service in the uniformed services shall be entitled to readmission
to the institution of higher education if--
``(A) the student (or an appropriate officer of the Armed
Forces or official of the Department of Defense) gives advance
written or verbal notice of such service to the appropriate
official at the institution of higher education;
``(B) the cumulative length of the absence and of all
previous absences from that institution of higher education by
reason of service in the uniformed services does not exceed
five years; and
``(C) except as otherwise provided in this section, the
student submits a notification of intent to reenroll in the
institution of higher education in accordance with the
provisions of paragraph (4).
``(2) Exceptions.--
``(A) Military necessity.--No notice is required under
paragraph (1)(A) if the giving of such notice is precluded by
military necessity, such as--
``(i) a mission, operation, exercise, or requirement
that is classified; or
``(ii) a pending or ongoing mission, operation,
exercise, or requirement that may be compromised or
otherwise adversely affected by public knowledge.
``(B) Failure to give advance notice.--Any student (or an
appropriate officer of the Armed Forces or official of the
Department of Defense) who did not give advance written or
verbal notice of service to the appropriate official at the
institution of higher education in accordance with paragraph
(1)(A) may meet the notice requirement by submitting, at the
time the student seeks readmission, an attestation to the
student's institution of higher education that the student
performed service in the uniformed services that necessitated
the student's absence from the institution of higher education.
``(3) Applicability.--This section shall apply to a student who
is absent from an institution of higher education by reason of
service in the uniformed services if such student's cumulative
period of service in the Armed Forces (including the National Guard
or Reserve), with respect to the institution of higher education
for which a student seeks readmission, does not exceed five years,
except that any such period of service shall not include any
service--
``(A) that is required, beyond five years, to complete an
initial period of obligated service;
``(B) during which such student was unable to obtain orders
releasing such student from a period of service in the
uniformed services before the expiration of such five-year
period and such inability was through no fault of such student;
or
``(C) performed by a member of the Armed Forces (including
the National Guard and Reserves) who is--
``(i) ordered to or retained on active duty under
section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of
title 10, United States Code, or under section 331, 332,
359, 360, 367, or 712 of title 14, United States Code;
``(ii) ordered to or retained on active duty (other
than for training) under any provision of law because of a
war or national emergency declared by the President or the
Congress, as determined by the Secretary concerned;
``(iii) ordered to active duty (other than for
training) in support, as determined by the Secretary
concerned, of an operational mission for which personnel
have been ordered to active duty under section 12304 of
title 10, United States Code;
``(iv) ordered to active duty in support, as determined
by the Secretary concerned, of a critical mission or
requirement of the Armed Forces (including the National
Guard or Reserve); or
``(v) called into Federal service as a member of the
National Guard under chapter 15 of title 10, United States
Code, or section 12406 of title 10, United States Code.
``(4) Notification of intent to return.--
``(A) In general.--Except as provided in subparagraph (B),
a student referred to in subsection (a) shall, upon the
completion of a period of service in the uniformed services,
notify the institution of higher education of the student's
intent to return to the institution not later than three years
after the completion of the period of service.
``(B) Hospitalization or convalescence.--A student who is
hospitalized for or convalescing from an illness or injury
incurred in or aggravated during the performance of service in
the uniformed services shall notify the institution of higher
education of the student's intent to return to the institution
not later than two years after the end of the period that is
necessary for recovery from such illness or injury.
``(C) Special rule.--A student who fails to apply for
readmission within the period described in this section shall
not automatically forfeit such eligibility for readmission to
the institution of higher education, but shall be subject to
the institution of higher education's established leave of
absence policy and general practices.
``(5) Documentation.--
``(A) In general.--A student who submits an application for
readmission to an institution of higher education under this
section shall provide to the institution of higher education
documentation to establish that--
``(i) the student has not exceeded the service
limitations established under this section; and
``(ii) the student's eligibility for readmission has
not been terminated due to an exception in subsection (d).
``(B) Prohibited documentation demands.--An institution of
higher education may not delay or attempt to avoid a
readmission of a student under this section by demanding
documentation that does not exist, or is not readily available,
at the time of readmission.
``(6) No change in academic status.--A student who is
readmitted to an institution of higher education under this section
shall be readmitted with the same academic status as such student
had when such student last attended the institution of higher
education.
``(d) Exception From Readmission Eligibility.--A student's
eligibility for readmission to an institution of higher education under
this section by reason of such student's service in the uniformed
services terminates upon the occurrence of any of the following events:
``(1) A separation of such person from the Armed Forces
(including the National Guard and Reserves) with a dishonorable or
bad conduct discharge.
``(2) A dismissal of such person permitted under section
1161(a) of title 10, United States Code.
``(3) A dropping of such person from the rolls pursuant to
section 1161(b) of title 10, United States Code.''.
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
(a) Information Dissemination Activities.--Section 485(a) (20
U.S.C. 1092(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G)--
(i) by striking ``program, and'' and inserting
``program,''; and
(ii) by inserting ``, and (iv) any plans by the
institution for improving the academic program of the
institution'' after ``instructional personnel''; and
(B) by striking subparagraph (M) and inserting the
following:
``(M) the terms and conditions of the loans that students
receive under parts B, D, and E;'';
(C) in subparagraph (N), by striking ``and'' after the
semicolon;
(D) in subparagraph (O), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(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; and
``(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;
``(Q) student body diversity at the institution, including
information on the percentage of enrolled, full-time students
who--
``(i) are male;
``(ii) are female;
``(iii) receive a Federal Pell Grant; and
``(iv) are a self-identified member of a major racial
or ethnic group;
``(R) the placement in employment of, and types of
employment obtained by, graduates of the institution's degree
or certificate programs, gathered from such sources as alumni
surveys, student satisfaction surveys, the National Survey of
Student Engagement, the Community College Survey of Student
Engagement, State data systems, or other relevant sources;
``(S) the types of graduate and professional education in
which graduates of the institution's four-year degree programs
enrolled, gathered from such sources as alumni surveys, student
satisfaction surveys, the National Survey of Student
Engagement, State data systems, or other relevant sources;
``(T) the fire safety report prepared by the institution
pursuant to subsection (i);
``(U) the retention rate of certificate- or degree-seeking,
first-time, full-time, undergraduate students entering such
institution; and
``(V) institutional policies regarding vaccinations.''; and
(2) by striking paragraph (4) and inserting the following:
``(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 where the students described in subparagraph
(A) represent 20 percent or more of the certificate- or degree-
seeking, full-time, undergraduate students at the institution,
recalculate the completion or graduation rates of such students
by excluding from the calculation described in paragraph (3)
the time period such students were not enrolled due to their
service in the Armed Forces, on official church missions, or
with a recognized foreign aid service of the Federal
Government.''; and
(3) by adding at the end the following:
``(7)(A)(i) Subject to clause (ii), the information
disseminated under paragraph (1)(L), or reported under subsection
(e), shall be disaggregated by gender, by each major racial and
ethnic subgroup, by recipients of a Federal Pell Grant, by
recipients of a loan made under part B or D (other than a loan made
under section 428H or a Federal Direct Unsubsidized Stafford Loan)
who did not receive a Federal Pell Grant, and by recipients of
neither a Federal Pell Grant nor a loan made under part B or D
(other than a loan made under section 428H or a Federal Direct
Unsubsidized Stafford Loan), if the number of students in such
subgroup or with such status is sufficient to yield statistically
reliable information and reporting will not reveal personally
identifiable information about an individual student. If such
number is not sufficient for such purposes, then the institution
shall note that the institution enrolled too few of such students
to so disclose or report with confidence and confidentiality.
``(ii) The requirements of clause (i) shall not apply to two-
year, degree-granting institutions of higher education until
academic year 2011-2012.
``(B)(i) In order to assist two-year degree-granting
institutions of higher education in meeting the requirements of
paragraph (1)(L) and subsection (e), the Secretary, in consultation
with the Commissioner for Education Statistics, shall, not later
than 90 days after the date of enactment of the Higher Education
Opportunity Act, convene a group of representatives from diverse
institutions of higher education, experts in the field of higher
education policy, state higher education officials, students, and
other stakeholders in the higher education community, to develop
recommendations regarding the accurate calculation and reporting of
the information required to be disseminated or reported under
paragraph (1)(L) and subsection (e) by two-year, degree-granting
institutions of higher education. In developing such
recommendations, the group of representatives shall consider the
mission and role of two-year degree-granting institutions of higher
education, and may recommend additional or alternative measures of
student success for such institutions in light of the mission and
role of such institutions.
``(ii) The Secretary shall widely disseminate the
recommendations required under this subparagraph to two-year,
degree-granting institutions of higher education, the public, and
the authorizing committees not later than 18 months after the first
meeting of the group of representatives convened under clause (i).
``(iii) The Secretary shall use the recommendations from the
group of representatives convened under clause (i) to provide
technical assistance to two-year, degree-granting institutions of
higher education in meeting the requirements of paragraph (1)(L)
and subsection (e).
``(iv) The Secretary may modify the information required to be
disseminated or reported under paragraph (1)(L) or subsection (e)
by a two-year, degree-granting institution of higher--
``(I) based on the recommendations received under this
subparagraph from the group of representatives convened under
clause (i);
``(II) to include additional or alternative measures of
student success if the goals of the provisions of paragraph
(1)(L) and subsection (e) can be met through additional means
or comparable alternatives; and
``(III) during the period beginning on the date of
enactment of the Higher Education Opportunity Act, and ending
on June 30, 2011.''.
(b) Exit Counseling.--Subsection (b)(1)(A) of section 485 (20
U.S.C. 1092(b)(1)(A)) is amended to read as follows:
``(b) Exit Counseling for Borrowers.--(1)(A) Each eligible
institution shall, through financial aid offices or otherwise, provide
counseling to borrowers of loans that are made, insured, or guaranteed
under part B (other than loans made pursuant to section 428C or loans
under section 428B made on behalf of a student) or made under part D
(other than Federal Direct Consolidation Loans or Federal Direct PLUS
Loans made on behalf of a student) or made under part E of this title
prior to the completion of the course of study for which the borrower
enrolled at the institution or at the time of departure from such
institution. The counseling required by this subsection shall include--
``(i) information on the repayment plans available, including a
description of the different features of each plan and sample
information showing the average anticipated monthly payments, and
the difference in interest paid and total payments, under each
plan;
``(ii) debt management strategies that are designed to
facilitate the repayment of such indebtedness;
``(iii) an explanation that the borrower has the options to
prepay each loan, pay each loan on a shorter schedule, and change
repayment plans;
``(iv) for any loan forgiveness or cancellation provision of
this title, a general description of the terms and conditions under
which the borrower may obtain full or partial forgiveness or
cancellation of the principal and interest, and a copy of the
information provided by the Secretary under section 485(d);
``(v) for any forbearance provision of this title, a general
description of the terms and conditions under which the borrower
may defer repayment of principal or interest or be granted
forbearance, and a copy of the information provided by the
Secretary under section 485(d);
``(vi) the consequences of defaulting on a loan, including
adverse credit reports, delinquent debt collection procedures under
Federal law, and litigation;
``(vii) information on the effects of using a consolidation
loan under section 428C or a Federal Direct Consolidation Loan to
discharge the borrower's loans under parts B, D, and E, including
at a minimum--
``(I) the effects of consolidation on total interest to be
paid, fees to be paid, and length of repayment;
``(II) the effects of consolidation on a borrower's
underlying loan benefits, including grace periods, loan
forgiveness, cancellation, and deferment opportunities;
``(III) the option of the borrower to prepay the loan or to
change repayment plans; and
``(IV) that borrower benefit programs may vary among
different lenders;
``(viii) a general description of the types of tax benefits
that may be available to borrowers; and
``(ix) a notice to borrowers about the availability of the
National Student Loan Data System and how the system can be used by
a borrower to obtain information on the status of the borrower's
loans; and''.
(c) Departmental Publication of Descriptions of Assistance
Programs.--Section 485(d) (20 U.S.C. 1092(d)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``under this title.'' the following:
``Such information shall also include information on the
various payment options available for student loans, including
income-sensitive and income-based repayment plans for loans
made, insured, or guaranteed under part B and income-contingent
and income-based repayment plans for loans made under part
D.''; and
(B) by inserting after ``tax-exempt organization.'' the
following: ``The Secretary shall also provide information on
loan forbearance, including the increase in debt that results
from capitalization of interest.''; and
(2) by adding at the end the following:
``(4) The Secretary shall widely publicize the location of the
information described in paragraph (1) among the public, eligible
institutions, and eligible lenders, and promote the use of such
information by prospective students, enrolled students, families of
prospective and enrolled students, and borrowers.''.
(d) 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 where the students described in subparagraph
(A) represent 20 percent or more of the certificate- or degree-
seeking, full-time, undergraduate students at the institution,
calculate the completion or graduation rates of such students
by excluding from the calculations described in paragraph (1)
the time period such students were not enrolled due to their
service in the Armed Forces, on official church missions, or
with a recognized foreign aid service of the Federal
Government.''.
(e) Criminal Offenses Reported.--Section 485(f) (20 U.S.C. 1092(f))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, other than a foreign institution higher education,'' after
``under this title'';
(B) 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 the institution has agreements with such
agencies, such as written memoranda of understanding, for
the investigation of alleged criminal offenses; and
``(iii) policies which encourage accurate and prompt
reporting of all crimes to the campus police and the
appropriate law enforcement agencies.'';
(C) in subparagraph (F)(ii)--
(i) by striking ``clause (i), and'' and inserting
``clause (i), of larceny-theft, simple assault,
intimidation, and destruction, damage, or vandalism of
property, and of''; and
(ii) by inserting a comma after ``any person''; and
(D) 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 policies shall include procedures to--
``(i) immediately notify the campus community upon the
confirmation of a significant emergency or dangerous
situation involving an immediate threat to the health or
safety of students or staff occurring on the campus, as
defined in paragraph (6), unless issuing a notification
will compromise efforts to contain the emergency;
``(ii) publicize emergency response and evacuation
procedures on an annual basis in a manner designed to reach
students and staff; and
``(iii) test emergency response and evacuation
procedures on an annual basis.'';
(2) by redesignating paragraph (15) as paragraph (18); and
(3) by inserting after paragraph (14) the following:
``(15) 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) 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) Nothing in this subsection shall be construed to permit
an institution, or an officer, employee, or agent of an
institution, participating in any program under this title to
retaliate, intimidate, threaten, coerce, or otherwise discriminate
against any individual with respect to the implementation of any
provision of this subsection.''.
(f) Report.--Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively;
(3) in subparagraph (B) (as redesignated by paragraph (2)), by
striking ``and the report to Congress described in subparagraph
(B)''; and
(4) in subparagraph (C) (as redesignated by paragraph (2)), by
striking ``the information reported under subparagraph (B) and''.
(g) Additional Requirements.--Section 485 (20 U.S.C. 1092) is
further 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 paragraph (1)(A).
``(3) Current information to campus community.--Each eligible
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 the statistics submitted under paragraph (1)(A)
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, including the
installation, to the technical standards of the National
Fire Protection Association, of fire detection, prevention,
and protection technologies in student housing,
dormitories, and other buildings;
``(ii) disseminate the exemplary policies, procedures,
programs and practices described in clause (i) 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 section 444 of the General Education
Provisions Act (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.
``(j) Missing Person Procedures.--
``(1) Option and procedures.--Each institution of higher
education that provides on-campus housing and participates in any
program under this title shall--
``(A) establish a missing student notification policy for
students who reside in on-campus housing that--
``(i) informs each such student that such student has
the option to identify an individual to be contacted by the
institution not later than 24 hours after the time that the
student is determined missing in accordance with official
notification procedures established by the institution
under subparagraph (B);
``(ii) provides each such student a means to register
confidential contact information in the event that the
student is determined to be missing for a period of more
than 24 hours;
``(iii) advises each such student who is under 18 years
of age, and not an emancipated individual, that the
institution is required to notify a custodial parent or
guardian not later 24 hours after the time that the student
is determined to be missing in accordance with such
procedures;
``(iv) informs each such residing student that the
institution will notify the appropriate law enforcement
agency not later than 24 hours after the time that the
student is determined missing in accordance with such
procedures; and
``(v) requires, if the campus security or law
enforcement personnel has been notified and makes a
determination that a student who is the subject of a
missing person report has been missing for more than 24
hours and has not returned to the campus, the institution
to initiate the emergency contact procedures in accordance
with the student's designation; and
``(B) establish official notification procedures for a
missing student who resides in on-campus housing that--
``(i) includes procedures for official notification of
appropriate individuals at the institution that such
student has been missing for more than 24 hours;
``(ii) requires any official missing person report
relating to such student be referred immediately to the
institution's police or campus security department; and
``(iii) if, on investigation of the official report,
such department determines that the missing student has
been missing for more than 24 hours, requires--
``(I) such department to contact the individual
identified by such student under subparagraph (A)(i);
``(II) if such student is under 18 years of age,
and not an emancipated individual, the institution to
immediately contact the custodial parent or legal
guardian of such student; and
``(III) if subclauses (I) or (II) do not apply to a
student determined to be a missing person, inform the
appropriate law enforcement agency.
``(2) Rule of construction.--Nothing in this subsection shall
be construed--
``(A) to provide a private right of action to any person to
enforce any provision of this subsection; or
``(B) to create a cause of action against any institution
of higher education or any employee of the institution for any
civil liability.
``(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.--An institution of
higher education shall provide in a timely manner to each student
who has lost eligibility for any grant, loan, or work-study
assistance under this title as a result of 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).
``(l) Entrance Counseling for Borrowers.--
``(1) Disclosure required prior to disbursement.--
``(A) In general.--Each eligible institution shall, at or
prior to the time of a disbursement to a first-time borrower of
a loan made, insured, or guaranteed under part B (other than a
loan made pursuant to section 428C or a loan made on behalf of
a student pursuant to section 428B) or made under part D (other
than a Federal Direct Consolidation Loan or a Federal Direct
PLUS loan made on behalf of a student), ensure that the
borrower receives comprehensive information on the terms and
conditions of the loan and of the responsibilities the borrower
has with respect to such loan in accordance with subparagraph
(B). Such information--
``(i) shall be provided in a simple and understandable
manner; and
``(ii) may be provided--
``(I) during an entrance counseling session
conduction in person;
``(II) on a separate written form provided to the
borrower that the borrower signs and returns to the
institution; or
``(III) online, with the borrower acknowledging
receipt of the information.
``(B) Use of interactive programs.--The Secretary shall
encourage institutions to carry out the requirements of
subparagraph (A) through the use of interactive programs that
test the borrower's understanding of the terms and conditions
of the borrower's loans under part B or D, using simple and
understandable language and clear formatting.
``(2) Information to be provided.--The information to be
provided to the borrower under paragraph (1)(A) shall include the
following:
``(A) To the extent practicable, the effect of accepting
the loan to be disbursed on the eligibility of the borrower for
other forms of student financial assistance.
``(B) An explanation of the use of the master promissory
note.
``(C) Information on how interest accrues and is
capitalized during periods when the interest is not paid by
either the borrower or the Secretary.
``(D) In the case of a loan made under section 428B or
428H, a Federal Direct PLUS Loan, or a Federal Direct
Unsubsidized Stafford Loan, the option of the borrower to pay
the interest while the borrower is in school.
``(E) The definition of half-time enrollment at the
institution, during regular terms and summer school, if
applicable, and the consequences of not maintaining half-time
enrollment.
``(F) An explanation of the importance of contacting the
appropriate offices at the institution of higher education if
the borrower withdraws prior to completing the borrower's
program of study so that the institution can provide exit
counseling, including information regarding the borrower's
repayment options and loan consolidation.
``(G) Sample monthly repayment amounts based on--
``(i) a range of levels of indebtedness of--
``(I) borrowers of loans under section 428 or 428H;
and
``(II) as appropriate, graduate borrowers of loans
under section 428, 428B, or 428H; or
``(ii) the average cumulative indebtedness of other
borrowers in the same program as the borrower at the same
institution.
``(H) The obligation of the borrower to repay the full
amount of the loan, regardless of whether the borrower
completes or does not complete the program in which the
borrower is enrolled within the regular time for program
completion.
``(I) The likely consequences of default on the loan,
including adverse credit reports, delinquent debt collection
procedures under Federal law, and litigation.
``(J) Information on the National Student Loan Data System
and how the borrower can access the borrower's records.
``(K) The name of and contact information for the
individual the borrower may contact if the borrower has any
questions about the borrower's rights and responsibilities or
the terms and conditions of the loan.''.
SEC. 489. NATIONAL STUDENT LOAN DATA SYSTEM.
Section 485B (20 U.S.C. 1092b) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(B) in paragraph (5) (as added by Public Law 101-610), by
striking ``effectiveness.'' and inserting ``effectiveness;'';
and
(C) by redesignating paragraph (5) (as added by Public Law
101-234) as paragraph (6);
(2) by redesignating subsections (d) through (g) as subsections
(e) through (h), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Principles for Administering the Data System.--In managing
the National Student Loan Data System, the Secretary shall take actions
necessary to maintain confidence in the data system, including, at a
minimum--
``(1) ensuring that the primary purpose of access to the data
system by guaranty agencies, eligible lenders, and eligible
institutions of higher education is for legitimate program
operations, such as the need to verify the eligibility of a
student, potential student, or parent for loans under part B, D, or
E;
``(2) prohibiting nongovernmental researchers and policy
analysts from accessing personally identifiable information;
``(3) creating a disclosure form for students and potential
students that is distributed when such students complete the common
financial reporting form under section 483, and as a part of the
exit counseling process under section 485(b), that--
``(A) informs the students that any title IV grant or loan
the students receive will be included in the National Student
Loan Data System, and instructs the students on how to access
that information;
``(B) describes the categories of individuals or entities
that may access the data relating to such grant or loan through
the data system, and for what purposes access is allowed;
``(C) defines and explains the categories of information
included in the data system;
``(D) provides a summary of the provisions of section 444
of the General Education Provisions Act (the Family Educational
Rights and Privacy Act of 1974) and other applicable Federal
privacy statutes, and a statement of the students' rights and
responsibilities with respect to such statutes;
``(E) explains the measures taken by the Department to
safeguard the students' data; and
``(F) includes other information as determined appropriate
by the Secretary;
``(4) requiring guaranty agencies, eligible lenders, and
eligible institutions of higher education that enter into an
agreement with a potential student, student, or parent of such
student regarding a loan under part B, D, or E, to inform the
student or parent that such loan shall be--
``(A) submitted to the data system; and
``(B) accessible to guaranty agencies, eligible lenders,
and eligible institutions of higher education determined by the
Secretary to be authorized users of the data system;
``(5) regularly reviewing the data system to--
``(A) delete inactive users from the data system;
``(B) ensure that the data in the data system are not being
used for marketing purposes; and
``(C) monitor the use of the data system by guaranty
agencies and eligible lenders to determine whether an agency or
lender is accessing the records of students in which the agency
or lender has no existing financial interest; and
``(6) developing standardized protocols for limiting access to
the data system that include--
``(A) collecting data on the usage of the data system to
monitor whether access has been or is being used contrary to
the purposes of the data system;
``(B) defining the steps necessary for determining whether,
and how, to deny or restrict access to the data system; and
``(C) determining the steps necessary to reopen access to
the data system following a denial or restriction of access.'';
and
(4) by striking subsection (e) (as redesignated by paragraph
(1)) and inserting the following:
``(e) Reports to Congress.--
``(1) Annual report.--Not later than September 30 of each
fiscal year, the Secretary shall prepare and submit to the
authorizing committees a report describing--
``(A) the effectiveness of existing privacy safeguards in
protecting student and parent information in the data system;
``(B) the success of any new authorization protocols in
more effectively preventing abuse of the data system;
``(C) the ability of the Secretary to monitor how the
system is being used, relative to the intended purposes of the
data system; and
``(D) any protocols developed under subsection (d)(6)
during the preceding fiscal year.
``(2) Study.--
``(A) In general.--The Secretary shall conduct a study
regarding--
``(i) available mechanisms for providing students and
parents with the ability to opt in or opt out of allowing
eligible lenders to access their records in the National
Student Loan Data System; and
``(ii) appropriate protocols for limiting access to the
data system, based on the risk assessment required under
subchapter III of chapter 35 of title 44, United States
Code.
``(B) Submission of study.--Not later than three years
after the date of enactment of the Higher Education Opportunity
Act, the Secretary shall prepare and submit a report on the
findings of the study under subparagraph (A) to the authorizing
committees.''.
SEC. 490. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting
after section 485D (20 U.S.C. 1092c) the following:
``SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
``(a) In General.--The Secretary shall implement, in cooperation
with States, institutions of higher education, secondary schools, early
intervention and outreach programs under this title, other agencies and
organizations involved in student financial assistance and college
access, public libraries, community centers, employers, and businesses,
a comprehensive system of early financial aid information in order to
provide students and families with early information about financial
aid and early estimates of such students' eligibility for financial aid
from multiple sources. Such system shall include the activities
described in subsection (b).
``(b) Communication of Availability of Aid and Aid Eligibility.--
``(1) Students who receive benefits.--The Secretary shall--
``(A) make special efforts to notify students who receive
or are eligible to receive benefits under a Federal means-
tested benefit program (including the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.)), or another such benefit program as
determined by the Secretary, of such students' potential
eligibility for a maximum Federal Pell Grant under subpart 1 of
part A; and
``(B) disseminate such informational materials, that are
part of the system described in subsection (a), as the
Secretary determines necessary.
``(2) Secondary school students.--The Secretary, in cooperation
with States, institutions of higher education, other organizations
involved in college access and student financial aid, secondary
schools, and programs under this title that serve secondary school
students, shall make special efforts to notify students in
secondary school and their families, as early as possible but not
later than such students' junior year of secondary school, of the
availability of financial aid under this title and shall provide
nonbinding estimates of the amounts of grant and loan aid that an
individual may be eligible for under this title upon completion of
an application form under section 483(a). The Secretary shall
ensure that such information is as accurate as possible and that
such information is provided in an age-appropriate format using
dissemination mechanisms suitable for students in secondary school.
``(3) Adult learners.--The Secretary, in cooperation with
States, institutions of higher education, other organizations
involved in college access and student financial aid, employers,
workforce investment boards, and public libraries, shall make
special efforts to provide individuals who would qualify as
independent students, as defined in section 480(d), with
information regarding the availability of financial aid under this
title and with nonbinding estimates of the amounts of grant and
loan aid that an individual may be eligible for under this title
upon completion of an application form under section 483(a). The
Secretary shall ensure that such information--
``(A) is as accurate as possible;
``(B) includes specific information regarding the
availability of financial aid for students qualified as
independent students, as defined in section 480(d); and
``(C) uses dissemination mechanisms suitable for adult
learners.
``(4) Public awareness campaign.--Not later than two years
after the date of enactment of the Higher Education Opportunity
Act, the Secretary, in coordination with States, institutions of
higher education, early intervention and outreach programs under
this title, other agencies and organizations involved in college
access and student financial aid, secondary schools, organizations
that provide services to individuals that are or were homeless, to
individuals in foster care, or to other disconnected individuals,
local educational agencies, public libraries, community centers,
businesses, employers, employment services, workforce investment
boards, and movie theaters, shall implement a public awareness
campaign in order to increase national awareness regarding the
availability of financial aid under this title. The public
awareness campaign shall disseminate accurate information regarding
the availability of financial aid under this title and shall be
implemented, to the extent practicable, using a variety of media,
including print, television, radio, and the Internet. The Secretary
shall design and implement the public awareness campaign based upon
relevant independent research and the information and dissemination
strategies found most effective in implementing paragraphs (1)
through (3).''.
SEC. 491. DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended--
(1) in subparagraph (B), by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly; and
(2) by striking ``Reports.--'' and all that follows through
``House of Representatives on an annual basis'' and inserting
``Annual reports.--The Secretary shall provide reports to the
authorizing committees on an annual basis''.
SEC. 492. ARTICULATION AGREEMENTS.
Part G of title IV is further amended by inserting after section
486 (20 U.S.C. 1093) the following new section:
``SEC. 486A. ARTICULATION AGREEMENTS.
``(a) Definition.--In this section, the term `articulation
agreement' means an agreement between or among institutions of higher
education that specifies the acceptability of courses in transfer
toward meeting specific degree or program requirements.
``(b) 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 between or 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 such 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 public 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.''.
SEC. 493. PROGRAM PARTICIPATION AGREEMENTS.
(a) Program Participation Agreement Requirements.--
(1) Voter registration; 90-10 rule; code of conduct;
disciplinary proceedings; preferred lender lists; private education
loan certification; copyrighted material.--
(A) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
amended--
(i) in paragraph (23)--
(I) by moving subparagraph (C) two ems to the left;
and
(II) by adding at the end the following:
``(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, if such
information is in an electronic message devoted exclusively to
voter registration.''; and
(ii) by adding at the end the following:
``(24) In the case of a proprietary institution of higher
education (as defined in section 102(b)), such institution will
derive not less than ten percent of such institution's revenues
from sources other than funds provided under this title, as
calculated in accordance with subsection (d)(1), or will be subject
to the sanctions described in subsection (d)(2).
``(25) In the case of an institution that participates in a
loan program under this title, the institution will--
``(A) develop a code of conduct with respect to such loans
with which the institution's officers, employees, and agents
shall comply, that--
``(i) prohibits a conflict of interest with the
responsibilities of an officer, employee, or agent of an
institution with respect to such loans; and
``(ii) at a minimum, includes the provisions described
in subsection (e);
``(B) publish such code of conduct prominently on the
institution's website; and
``(C) administer and enforce such code by, at a minimum,
requiring that all of the institution's officers, employees,
and agents with responsibilities with respect to such loans be
annually informed of the provisions of the code of conduct.
``(26) The institution will, upon written request, disclose to
the alleged victim of any crime of violence (as that term is
defined in section 16 of title 18, United States Code), or a
nonforcible sex offense, the report on the 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 as a result of such crime or
offense, the next of kin of such victim shall be treated as the
alleged victim for purposes of this paragraph.
``(27) In the case of an institution that has entered into a
preferred lender arrangement, the institution will at least
annually compile, maintain, and make available for students
attending the institution, and the families of such students, a
list, in print or other medium, of the specific lenders for loans
made, insured, or guaranteed under this title or private education
loans that the institution recommends, promotes, or endorses in
accordance with such preferred lender arrangement. In making such
list, the institution shall comply with the requirements of
subsection (h).
``(28)(A) The institution will, upon the request of an
applicant for a private education loan, provide to the applicant
the form required under section 128(e)(3) of the Truth in Lending
Act (15 U.S.C. 1638(e)(3)), and the information required to
complete such form, to the extent the institution possesses such
information.
``(B) For purposes of this paragraph, the term `private
education loan' has the meaning given such term in section 140 of
the Truth in Lending Act.
``(29) The institution certifies that the institution--
``(A) has developed plans to effectively combat the
unauthorized distribution of copyrighted material, including
through the use of a variety of technology-based deterrents;
and
``(B) will, to the extent practicable, offer alternatives
to illegal downloading or peer-to-peer distribution of
intellectual property, as determined by the institution in
consultation with the chief technology officer or other
designated officer of the institution.''.
(B) Effective date.--The amendment made by subparagraph (A)
with respect to section 487(a)(26) of the Higher Education Act
of 1965 (as added by subparagraph (A)) shall apply with respect
to any disciplinary proceeding conducted by an institution on
or after the day that is one year after the date of enactment
of this Act.
(b) Audits; Financial Responsibility; Enforcement of Standards.--
Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is amended 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 receives less than $500,000 in loans under
this title during the award year preceding the audit period''.
(c) Implementation of Non-Title IV Revenue Requirement; Code of
Conduct; Institutional Requirements for Teach-Outs; Inspector General
Report on Gift Ban Violations; Preferred Lender List Requirements.--
Section 487 (20 U.S.C. 1094) is further amended--
(1) by redesignating subsections (d) and (e) as subsections (i)
and (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In making calculations under subsection
(a)(24), a proprietary institution of higher education shall--
``(A) use the cash basis of accounting, except in the case
of loans described in subparagraph (D)(i) that are made by the
proprietary institution of higher education;
``(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 that are
necessary for the education and training of the
institution's students, 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, if the program--
``(I) is approved or licensed by the appropriate
State agency;
``(II) is accredited by an accrediting agency
recognized by the Secretary; or
``(III) provides an industry-recognized credential
or certification;
``(C) presume that any funds for a program under this title
that are 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 a Federal, State, or local government agency for the
purpose of providing job training to low-income individuals
who are in need of that training;
``(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; or
``(iv) institutional scholarships described in
subparagraph (D)(iii);
``(D) include institutional aid as revenue to the school
only as follows:
``(i) in the case of loans made by a proprietary
institution of higher education on or after July 1, 2008
and prior to July 1, 2012, the net present value of such
loans made by the institution during the applicable
institutional fiscal year accounted for on an accrual basis
and estimated in accordance with generally accepted
accounting principles and related standards and guidance,
if the loans--
``(I) are bona fide as evidenced by enforceable
promissory notes;
``(II) are issued at intervals related to the
institution's enrollment periods; and
``(III) are subject to regular loan repayments and
collections;
``(ii) in the case of loans made by a proprietary
institution of higher education on or after July 1, 2012,
only the amount of loan repayments received during the
applicable institutional fiscal year, excluding repayments
on loans made and accounted for as specified in clause (i);
and
``(iii) in the case of scholarships provided by a
proprietary institution of higher education, only those
scholarships 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 each 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) in the case of each student who receives a loan on or
after July 1, 2008, and prior to July 1, 2011, that is
authorized under section 428H or that is a Federal Direct
Unsubsidized Stafford Loan, treat as revenue received by the
institution from sources other than funds received under this
title, the amount by which the disbursement of such loan
received by the institution exceeds the limit on such loan in
effect on the day before the date of enactment of the Ensuring
Continued Access to Student Loans Act of 2008; and
``(F) exclude from revenues--
``(i) the amount of funds the institution received
under part C, unless the institution used those funds to
pay a student's institutional charges;
``(ii) the amount of funds the institution received
under subpart 4 of part A;
``(iii) the amount of funds provided by the institution
as matching funds for a program under this title;
``(iv) the amount of funds provided by the institution
for a program under this title that are required to be
refunded or returned; and
``(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) Ineligibility.--A proprietary institution of higher
education that fails to meet a requirement of subsection
(a)(24) for two consecutive institutional fiscal years shall be
ineligible to participate in the programs authorized by this
title for a period of not less than two institutional fiscal
years. To regain eligibility to participate in the programs
authorized by this title, a proprietary institution of higher
education shall demonstrate compliance with all eligibility and
certification requirements under section 498 for a minimum of
two institutional fiscal years after the institutional fiscal
year in which the institution became ineligible.
``(B) Additional enforcement.--In addition to such other
means of enforcing the requirements of this title as may be
available to the Secretary, if a proprietary institution of
higher education fails to meet a requirement of subsection
(a)(24) for any institutional fiscal year, then the
institution's eligibility to participate in the programs
authorized by this title becomes provisional for the two
institutional fiscal years after the institutional fiscal year
in which the institution failed to meet the requirement of
subsection (a)(24), except that such provisional eligibility
shall terminate--
``(i) on the expiration date of the institution's
program participation agreement under this subsection that
is in effect on the date the Secretary determines that the
institution failed to meet the requirement of subsection
(a)(24); or
``(ii) in the case that the Secretary determines that
the institution failed to meet a requirement of subsection
(a)(24) for two consecutive institutional fiscal years, on
the date the institution is determined ineligible in
accordance with subparagraph (A).
``(3) Publication on college navigator website.--The Secretary
shall publicly disclose on the College Navigator website--
``(A) the identity of any proprietary institution of higher
education that fails to meet a requirement of subsection
(a)(24); and
``(B) the extent to which the institution failed to meet
such requirement.
``(4) Report to congress.--Not later than July 1, 2009, and
July 1 of each succeeding year, the Secretary shall submit to the
authorizing committees a report that contains, for each proprietary
institution of higher education that receives assistance under this
title, as provided in the audited financial statements submitted to
the Secretary by each institution pursuant to the requirements of
subsection (a)(24)--
``(A) the amount and percentage of such institution's
revenues received from sources under this title; and
``(B) the amount and percentage of such institution's
revenues received from other sources.
``(e) Code of Conduct Requirements.--An institution of higher
education's code of conduct, as required under subsection (a)(25),
shall include the following requirements:
``(1) Ban on revenue-sharing arrangements.--
``(A) Prohibition.--The institution shall not enter into
any revenue-sharing arrangement with any lender.
``(B) Definition.--For purposes of this paragraph, the term
`revenue-sharing arrangement' means an arrangement between an
institution and a lender under which--
``(i) a lender provides or issues a loan that is made,
insured, or guaranteed under this title to students
attending the institution or to the families of such
students; and
``(ii) the institution recommends the lender or the
loan products of the lender and in exchange, the lender
pays a fee or provides other material benefits, including
revenue or profit sharing, to the institution, an officer
or employee of the institution, or an agent.
``(2) Gift ban.--
``(A) Prohibition.--No officer or employee of the
institution who is employed in the financial aid office of the
institution or who otherwise has responsibilities with respect
to education loans, or agent who has responsibilities with
respect to education loans, shall solicit or accept any gift
from a lender, guarantor, or servicer of education loans.
``(B) Definition of gift.--
``(i) In general.--In this paragraph, 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.
``(ii) 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 or
employee of an institution, or to an agent, as an
integral part of a training session that is designed to
improve the service of a lender, guarantor, or servicer
of education loans to the institution, if such training
contributes to the professional development of the
officer, employee, or agent.
``(III) Favorable terms, conditions, and borrower
benefits on an education loan provided to a student
employed by the 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 the institution's
responsibilities for entrance and exit counseling as
required by subsections (b) and (l) of section 485, as
long as--
``(aa) the institution's staff are in control
of the counseling, (whether in person or via
electronic capabilities); and
``(bb) such counseling does not promote the
products or services of any specific lender.
``(V) Philanthropic contributions to an institution
from a lender, servicer, or guarantor of education
loans that are unrelated to education loans or any
contribution from any lender, guarantor, or servicer
that is not made in exchange for any advantage related
to education loans.
``(VI) State education grants, scholarships, or
financial aid funds administered by or on behalf of a
State.
``(iii) Rule for gifts to family members.--For purposes
of this paragraph, a gift to a family member of an officer
or employee of an institution, to a family member of an
agent, or 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.
``(3) Contracting arrangements prohibited.--
``(A) Prohibition.--An officer or employee who is employed
in the financial aid office of the institution or who otherwise
has responsibilities with respect to education loans, or an
agent who has responsibilities with respect to education loans,
shall not accept from any lender or affiliate of any lender 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 relating to education loans.
``(B) Exceptions.--Nothing in this subsection shall be
construed as prohibiting--
``(i) an officer or employee of an institution who is
not employed in the institution's financial aid office and
who does not otherwise have responsibilities with respect
to education loans, or an agent who does not have
responsibilities with respect to education loans, from
performing paid or unpaid service on a board of directors
of a lender, guarantor, or servicer of education loans;
``(ii) an officer or employee of the institution who is
not employed in the institution's financial aid office but
who has responsibility with respect to education loans as a
result of a position held at the institution, or an agent
who has responsibility with respect to education loans,
from performing paid or unpaid service on a board of
directors of a lender, guarantor, or servicer of education
loans, if the institution has a written conflict of
interest policy that clearly sets forth that officers,
employees, or agents must recuse themselves from
participating in any decision of the board regarding
education loans at the institution; or
``(iii) an officer, employee, or contractor of a
lender, guarantor, or servicer of education loans from
serving on a board of directors, or serving as a trustee,
of an institution, if the institution has a written
conflict of interest policy that the board member or
trustee must recuse themselves from any decision regarding
education loans at the institution.
``(4) Interaction with borrowers.--The institution shall not--
``(A) for any first-time borrower, assign, through award
packaging or other methods, the borrower's loan to a particular
lender; or
``(B) refuse to certify, or delay certification of, any
loan based on the borrower's selection of a particular lender
or guaranty agency.
``(5) Prohibition on offers of funds for private loans.--
``(A) Prohibition.--The institution shall not request or
accept from any lender any offer of funds to be used for
private education loans (as defined in section 140 of the Truth
in Lending Act), including funds for an opportunity pool loan,
to students in exchange for the institution providing
concessions or promises regarding providing the lender with--
``(i) a specified number of loans made, insured, or
guaranteed under this title;
``(ii) a specified loan volume of such loans; or
``(iii) a preferred lender arrangement for such loans.
``(B) Definition of opportunity pool loan.--In this
paragraph, the term `opportunity pool loan' means a private
education loan made by a lender to a student attending the
institution or the family member of such a student that
involves a payment, directly or indirectly, by such institution
of points, premiums, additional interest, or financial support
to such lender for the purpose of such lender extending credit
to the student or the family.
``(6) Ban on staffing assistance.--
``(A) Prohibition.--The institution shall not request or
accept from any lender any assistance with call center staffing
or financial aid office staffing.
``(B) Certain assistance permitted.--Nothing in paragraph
(1) shall be construed to prohibit the institution from
requesting or accepting assistance from a lender related to--
``(i) professional development training for financial
aid administrators;
``(ii) 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
``(iii) staffing services on a short-term, nonrecurring
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.
``(7) Advisory board compensation.--Any employee who is
employed in the financial aid office of the institution, or who
otherwise has responsibilities with respect to education loans or
other student financial aid of the institution, and who serves on
an advisory board, commission, or group established by a lender,
guarantor, or group of lenders or guarantors, shall be prohibited
from receiving anything of value from the lender, guarantor, or
group of lenders or guarantors, except that the employee may be
reimbursed for reasonable expenses incurred in serving on such
advisory board, commission, or group.
``(f) Institutional Requirements for Teach-Outs.--
``(1) In general.--In the event the Secretary initiates the
limitation, suspension, or termination of the participation of an
institution of higher education in any program under this title
under the authority of subsection (c)(1)(F) or initiates an
emergency action under the authority of subsection (c)(1)(G) and
its prescribed regulations, the Secretary shall require that
institution to prepare a teach-out plan for submission to the
institution's accrediting agency or association in compliance with
section 496(c)(4), the Secretary's regulations on teach-out plans,
and the standards of the institution's accrediting agency or
association.
``(2) Teach-out plan defined.--In this subsection, the term
`teach-out plan' means a written plan that provides for the
equitable treatment of students if an institution of higher
education ceases to operate before all students have completed
their program of study, and may include, if required by the
institution's accrediting agency or association, an agreement
between institutions for such a teach-out plan.
``(g) Inspector General Report on Gift Ban Violations.--The
Inspector General of the Department shall--
``(1) submit an annual report to the authorizing committees
identifying all violations of an institution's code of conduct that
the Inspector General has substantiated during the preceding year
relating to the gift ban provisions described in subsection (f)(2);
and
``(2) make the report available to the public through the
Department's website.
``(h) Preferred Lender List Requirements.--
``(1) In general.--In compiling, maintaining, and making
available a preferred lender list as required under subsection
(a)(27), the institution will--
``(A) clearly and fully disclose on such preferred lender
list--
``(i) not less than the information required to be
disclosed under section 153(a)(2)(A);
``(ii) why the institution has entered into a preferred
lender arrangement with each lender on the preferred lender
list, particularly with respect to terms and conditions or
provisions favorable to the borrower; and
``(iii) that the students attending the institution, or
the families of such students, do not have to borrow from a
lender on the preferred lender list;
``(B) ensure, through the use of the list of lender
affiliates provided by the Secretary under paragraph (2),
that--
``(i) there are not less than three lenders of loans
made under part B that are not affiliates of each other
included on the preferred lender list and, if the
institution recommends, promotes, or endorses private
education loans, there are not less than two lenders of
private education loans that are not affiliates of each
other included on the preferred lender list; and
``(ii) the preferred lender list under this paragraph--
``(I) specifically indicates, for each listed
lender, whether the lender is or is not an affiliate of
each other lender on the preferred lender list; and
``(II) if a lender is an affiliate of another
lender on the preferred lender list, describes the
details of such affiliation;
``(C) 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 best interests of the borrowers,
including--
``(i) payment of origination or other fees on behalf of
the borrower;
``(ii) highly competitive interest rates, or other
terms and conditions or provisions of loans under this
title or private education loans;
``(iii) high-quality servicing for such loans; or
``(iv) additional benefits beyond the standard terms
and conditions or provisions for such loans;
``(D) exercise a duty of care and a duty of loyalty to
compile the preferred lender list under this paragraph without
prejudice and for the sole benefit of the students attending
the institution, or the families of such students;
``(E) not deny or otherwise impede the borrower's choice of
a lender or cause unnecessary delay in loan certification under
this title for those borrowers who choose a lender that is not
included on the preferred lender list; and
``(F) comply with such other requirements as the Secretary
may prescribe by regulation.
``(2) Lender affiliates list.--
``(A) In general.--The Secretary shall maintain and
regularly update a list of lender affiliates of all eligible
lenders, and shall provide such list to institutions for use in
carrying out paragraph (1)(B).
``(B) Use of most recent list.--An institution shall use
the most recent list of lender affiliates provided by the
Secretary under subparagraph (A) in carrying out paragraph
(1)(B).''.
(d) Definitions.--Section 487(i) (as redesignated by subsection
(c)(1)) (20 U.S.C. 1087(i)) is further amended--
(1) by striking ``(i) Definition of Eligible Institution.--For
the purpose of this section, the'' and inserting the following:
``(i) Definitions.--For the purpose of this section:
``(1) Agent.--The term `agent' has the meaning given the term
in section 151.
``(2) Affiliate.--The term `affiliate' means a person that
controls, is controlled by, or is under common control with another
person. A person controls, is controlled by, or is under common
control with another person if--
``(A) the person directly or indirectly, or acting through
one or more others, owns, controls, or has the power to vote
five percent or more of any class of voting securities of such
other person;
``(B) the person controls, in any manner, the election of a
majority of the directors or trustees of such other person; or
``(C) 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's education loans.
``(3) Education loan.--The term `education loan' has the
meaning given the term in section 151.
``(4) Eligible institution.--The''; and
(2) by adding at the end the following new paragraph:
``(5) Officer.--The term `officer' has the meaning given the
term in section 151.
``(6) Preferred lender arrangement.--The term `preferred lender
arrangement' has the meaning given the term in section 151.''.
SEC. 494. 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) in paragraph (2), by striking the matter preceding
subparagraph (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. 494A. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended in the first sentence--
(1) in paragraph (1), by striking ``and'' after the semicolon;
(2) in paragraph (2), by striking ``413D.'' and inserting
``413D or 462 (or both); and''; and
(3) by adding at the end ``(3) transfer 25 percent of the
institution's allotment under section 413D to the institution's
allotment under section 442.''.
SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS.
Section 489(b)(1) (20 U.S.C. 1096(b)(1)) is amended by striking
``offsetting the administrative costs of'' and inserting
``administering''.
SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
(a) Amendments.--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 and
inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of early
intervention programs, and to make recommendations that will
result in early awareness by low- and moderate-income students
and families--
``(i) of their eligibility for assistance under this
title; and
``(ii) to the extent practicable, of their eligibility
for other forms of State and institutional need-based
student assistance;
``(E) to make recommendations that will expand and improve
partnerships among the Federal Government, States, institutions
of higher education, and private entities to increase the
awareness and the total amount of need-based student assistance
available to low- and moderate-income students; and
``(F) to collect information on Federal regulations, and on
the impact of Federal regulations on student financial
assistance and on the cost of receiving a postsecondary
education, and to make recommendations to help streamline the
regulations for institutions of higher education from all
sectors.'';
(2) by striking subsection (c) and inserting the following new
subsection:
``(c) Membership.--(1) The Advisory Committee shall consist of 11
members appointed as follows:
``(A) Four members shall be appointed by the President pro
tempore of the Senate, of whom two members shall be appointed from
recommendations by the Majority Leader of the Senate, and two
members shall be appointed from recommendations by the Minority
Leader of the Senate.
``(B) Four members shall be appointed by the Speaker of the
House of Representatives, of whom two members shall be appointed
from recommendations by the Majority Leader of the House of
Representatives, and two members shall be appointed from
recommendations by the Minority Leader of the House of
Representatives.
``(C) Three members shall be appointed by the Secretary, of
whom at least one member shall be a student.
``(2) Each member of the Advisory Committee, with the exception of
a student member, shall be appointed on the basis of technical
qualifications, professional experience, and demonstrated knowledge in
the fields of higher education, student financial aid, financing post-
secondary education, and the operations and financing of student loan
guarantee agencies.
``(3) The appointment of a member under subparagraph (A) or (B) of
paragraph (1) shall be effective upon publication of such appointment
in the Congressional Record.'';
(3) 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 (11); and
(D) by inserting after paragraph (8) (as amended by
subparagraph (B)) the following:
``(9) provide an annual report to the authorizing committees
that provides analyses and policy recommendations regarding--
``(A) the adequacy of need-based grant aid for low- and
moderate-income students; and
``(B) the postsecondary enrollment and graduation rates of
low- and moderate-income students;
``(10) develop and maintain an information clearinghouse to
help institutions of higher education understand the regulatory
impact of the Federal Government on institutions of higher
education from all sectors, in order to raise awareness of
institutional legal obligations and provide information to improve
compliance with, and to reduce the duplication and inefficiency of,
Federal regulations; and'';
(4) in subsection (e)--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``3'' and inserting ``4''; and
(B) in paragraph (2), by striking ``A member of the
Advisory Committee shall'' and all that follows through ``on
the Advisory Committee.'' and inserting ``A member of the
Advisory Committee serving on the date of enactment of the
Higher Education Opportunity Act shall be permitted to serve
the duration of the member's term, regardless of whether the
member was previously appointed to more than one term.'';
(5) in subsection (j)--
(A) in paragraph (1)--
(i) by inserting ``and simplifications'' after
``delivery processes''; and
(ii) 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
(B) by striking paragraphs (4) and (5) and inserting the
following:
``(4) conduct a review and analysis of regulations in
accordance with subsection (l); and
``(5) conduct a study in accordance with subsection (m).'';
(6) in subsection (k), by striking ``2004'' and inserting
``2014''; and
(7) by adding at the end the following:
``(l) Review and Analysis of Regulations.--
``(1) Recommendations.--The Advisory Committee shall make
recommendations to the Secretary and the authorizing committees for
consideration of future legislative action regarding redundant or
outdated regulations consistent with the Secretary's requirements
under section 498B.
``(2) Review and analysis of regulations.--
``(A) Review of current regulations.--To meet the
requirements of subsection (d)(10), the Advisory Committee
shall conduct a review and analysis of the regulations issued
by Federal agencies that are in effect at the time of the
review and that apply to the operations or activities of
institutions of higher education from all sectors. The review
and analysis may include a determination of whether the
regulation is duplicative, is no longer necessary, is
inconsistent with other Federal requirements, or is overly
burdensome. In conducting the review, the Advisory Committee
shall pay specific attention to evaluating ways in which
regulations under this title affecting institutions of higher
education (other than institutions described in section
102(a)(1)(C)), that have received in each of the two most
recent award years prior to the date of enactment of Higher
Education Opportunity Act less than $200,000 in funds through
this title, may be improved, streamlined, or eliminated.
``(B) Review and collection of future regulations.--The
Advisory Committee shall--
``(i) monitor all Federal regulations, including
notices of proposed rulemaking, for their impact or
potential impact on higher education; and
``(ii) provide a succinct description of each
regulation or proposed regulation that is generally
relevant to institutions of higher education from all
sectors.
``(C) Maintenance of public website.--The Advisory
Committee shall develop and maintain an easy to use,
searchable, and regularly updated website that--
``(i) provides information collected in subparagraph
(B);
``(ii) provides an area for the experts and members of
the public to provide recommendations for ways in which the
regulations may be streamlined; and
``(iii) publishes the study conducted by the National
Research Council of the National Academy of Sciences under
section 1106 of the Higher Education Opportunity Act.
``(3) Consultation.--
``(A) In general.--In carrying out the review, analysis,
and development of the website required under paragraph (2),
the Advisory Committee shall consult with the Secretary, other
Federal agencies, relevant representatives of institutions of
higher education, individuals who have expertise and experience
with Federal regulations, and the review panels described in
subparagraph (B).
``(B) Review panels.--The Advisory Committee shall convene
not less than two review panels of representatives of the
groups involved in higher education, including individuals
involved in student financial assistance programs under this
title, who have experience and expertise in the regulations
issued by the Federal Government that affect all sectors of
higher education, in order to review the regulations and to
provide recommendations to the Advisory Committee with respect
to the review and analysis under paragraph (2). The panels
shall be made up of experts in areas such as the operations of
the financial assistance programs, the institutional
eligibility requirements for the financial assistance programs,
regulations not directly related to the operations or the
institutional eligibility requirements of the financial
assistance programs, and regulations for dissemination of
information to students about the financial assistance
programs.
``(4) Periodic updates to the authorizing committees.--The
Advisory Committee shall--
``(A) submit, not later than two years after the completion
of the negotiated rulemaking process required under section 492
resulting from the amendments to this Act made by the Higher
Education Opportunity Act, a report to the authorizing
committees and the Secretary detailing the review panels'
findings and recommendations with respect to the review of
regulations; and
``(B) provide periodic updates to the authorizing
committees regarding--
``(i) the impact of all Federal regulations on all
sectors of higher education; and
``(ii) suggestions provided through the website for
streamlining or eliminating duplicative regulations.
``(5) Additional support.--The Secretary and the Inspector
General of the Department shall provide such assistance and
resources to the Advisory Committee as the Secretary and Inspector
General determine are necessary to conduct the review and analysis
required by this subsection.
``(m) Study of Innovative Pathways to Baccalaureate Degree
Attainment.--
``(1) Study required.--The Advisory Committee shall conduct a
study of the feasibility of increasing baccalaureate degree
attainment rates by reducing the costs and financial barriers to
attaining a baccalaureate degree through innovative programs.
``(2) Scope of study.--The Advisory Committee shall examine new
and existing programs that promote baccalaureate degree attainment
through innovative ways, such as dual or concurrent enrollment
programs, changes made to the Federal Pell Grant program,
simplification of the needs analysis process, compressed or modular
scheduling, articulation agreements, and programs that allow two-
year institutions of higher education to offer baccalaureate
degrees.
``(3) Required aspects of the study.--In performing the study
described in this subsection, the Advisory Committee shall examine
the following aspects of such innovative programs:
``(A) The impact of such programs on baccalaureate
attainment rates.
``(B) The degree to which a student's total cost of
attaining a baccalaureate degree can be reduced by such
programs.
``(C) The ways in which low- and moderate-income students
can be specifically targeted by such programs.
``(D) The ways in which nontraditional students can be
specifically targeted by such programs.
``(E) The cost-effectiveness for the Federal Government,
States, and institutions of higher education to implement such
programs.
``(4) Consultation.--
``(A) In general.--In performing the study described in
this subsection, the Advisory Committee shall consult with a
broad range of interested parties in higher education,
including parents, students, appropriate representatives of
secondary schools and institutions of higher education,
appropriate State administrators, administrators of dual or
concurrent enrollment programs, and appropriate Department
officials.
``(B) Consultation with the authorizing committees.--The
Advisory Committee shall consult on a regular basis with the
authorizing committees in carrying out the study required by
this subsection.
``(5) Reports to authorizing committees.--
``(A) Interim report.--The Advisory Committee shall prepare
and submit to the authorizing committees and the Secretary an
interim report, not later than one year after the date of
enactment of the Higher Education Opportunity Act, describing
the progress made in conducting the study required by this
subsection and any preliminary findings on the topics
identified under paragraph (2).
``(B) Final report.--The Advisory Committee shall, not
later than three years after the date of enactment of the
Higher Education Opportunity Act, prepare and submit to the
authorizing committees and the Secretary a final report on the
study, including recommendations for legislative, regulatory,
and administrative changes based on findings related to the
topics identified under paragraph (2).''.
(b) Conforming Amendments.--Subsections (a)(1), (b), and (d)(6) of
section 491 (20 U.S.C. 1098) are each amended by striking ``Congress''
and inserting ``authorizing committees''.
SEC. 494D. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
(a) Regional Meetings.--Section 492(a) (20 U.S.C. 1098a(a)) is
amended--
(1) in paragraph (1), by inserting ``State student grant
agencies,'' after ``institutions of higher education,''; and
(2) in paragraph (2), by striking ``, as amended by the Higher
Education Amendments of 1998''.
(b) Negotiated Rulemaking.--Section 492(b)(1) (20 U.S.C.
1098a(b)(1)) is amended--
(1) in the first sentence, by striking ``as amended by the
Higher Education Amendments of 1998''; and
(2) in the third sentence--
(A) by striking ``To the extent possible, the Secretary''
and inserting ``The Secretary''; and
(B) by inserting ``with demonstrated expertise or
experience in the relevant subjects under negotiation,'' after
``select individuals''.
SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.
Section 493A (20 U.S.C. 1098c) is repealed.
SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking
``or is already in default'' and inserting ``or had been in default''.
PART H--PROGRAM INTEGRITY
SEC. 495. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 (20 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4) and inserting the following:
``(4)(A) such agency or association consistently applies and
enforces standards that respect the stated mission of the
institution of higher education, including religious missions, and
that ensure that the courses or programs of instruction, training,
or study offered by the institution of higher education, including
distance education or correspondence courses or programs, are of
sufficient quality to achieve, for the duration of the
accreditation period, the stated objective for which the courses or
the programs are offered; and
``(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 or
correspondence 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 or
correspondence education in the areas identified in paragraph
(5), except that--
``(I) the agency or association shall not be required
to have separate standards, procedures, or policies for the
evaluation of distance education or correspondence
education institutions or programs in order to meet the
requirements of this subparagraph; and
``(II) in the case that the agency or association is
recognized by the Secretary, the agency or association
shall not be required to obtain the approval of the
Secretary to expand its scope of accreditation to include
distance education or correspondence 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 or correspondence education to
have processes through which the institution establishes that
the student who registers in a distance education or
correspondence 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 to 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 an 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--
``(A) for adequate written specification of--
``(i) requirements, including clear standards for an
institution of higher education or program to be
accredited; and
``(ii) identified deficiencies at the institution or
program examined;
``(B) for sufficient opportunity for a written response, by
an institution or program, regarding any deficiencies
identified by the agency or association to be considered by the
agency or association--
``(i) within a timeframe determined by the agency or
association; and
``(ii) prior to final action in the evaluation and
withdrawal proceedings;
``(C) upon the written request of an institution or
program, for an opportunity for the institution or program to
appeal any adverse action under this section, including denial,
withdrawal, suspension, or termination of accreditation, taken
against the institution or program, prior to such action
becoming final at a hearing before an appeals panel that--
``(i) shall not include current members of the agency's
or association's underlying decisionmaking body that made
the adverse decision; and
``(ii) is subject to a conflict of interest policy;
``(D) for the right to representation and participation by
counsel for an institution or program during an appeal of the
adverse action;
``(E) for a process, in accordance with written procedures
developed by the agency or association, through which an
institution or program, before a final adverse action based
solely upon a failure to meet a standard or criterion
pertaining to finances, may on one occasion seek review of
significant financial information that was unavailable to the
institution or program prior to the determination of the
adverse action, and that bears materially on the financial
deficiencies identified by the agency or association;
``(F) in the case that the agency or association determines
that the new financial information submitted by the institution
or program under subparagraph (E) meets the criteria of
significance and materiality described in such subparagraph,
for consideration by the agency or association of the new
financial information prior to the adverse action described in
such subparagraph becoming final; and
``(G) that any determination by the agency or association
made with respect to the new financial information described in
subparagraph (E) shall not be separately appealable by the
institution or program.'';
(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);
(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 for approval to the
accrediting agency a teach-out plan 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(f);
``(B) the accrediting agency acts to withdraw, terminate,
or suspend the accreditation of the institution; or
``(C) the institution notifies the accrediting agency that
the institution intends to cease operations;'';
(D) by striking paragraph (7) (as redesignated by
subparagraph (B)) and inserting the following:
``(7) makes available to the public and the State licensing or
authorizing agency, and submits 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 of an institution, 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 or placement on probation of an institution;'';
(E) in paragraph (8) (as redesignated by subparagraph (B)),
by striking the period and inserting ``; and''; and
(F) by adding at the end the following:
``(9) confirms, as a part of the agency's 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.'';
(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.'';
(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 the standards of an
accreditation agency or association described in subsection
(a)(5).''; and
(5) by adding at the end the following new subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5) shall be
construed to restrict the ability of--
``(1) an accrediting agency or association to set, with the
involvement of its members, and to apply, accreditation standards
for or 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
achievement may be considered as part of any accreditation review.
``(q) Review of Scope Changes.--The Secretary shall require a
review, at the next available meeting of the National Advisory
Committee on Institutional Quality and Integrity, of any change in
scope undertaken by an agency or association under subsection
(a)(4)(B)(i)(II) if the enrollment of an institution that offers
distance education or correspondence education that is accredited by
such agency or association increases by 50 percent or more within any
one institutional fiscal year.''.
SEC. 496. ELIGIBILITY AND CERTIFICATION PROCEDURES.
Section 498 (20 U.S.C. 1099c) is amended--
(1) in subsection (d)(1)(B), by inserting ``and'' after the
semicolon; and
(2) by adding at the end the following:
``(k) Treatment of Teach-Outs at Additional Locations.--
``(1) In general.--A location of a closed institution of higher
education shall be eligible as an additional location of an
eligible institution of higher education, as defined pursuant to
regulations of the Secretary, for the purposes of a teach-out
described in section 487(f), if such teach-out has been approved by
the institution's accrediting agency.
``(2) Special rule.--An institution of higher education that
conducts a teach-out through the establishment of an additional
location described in paragraph (1) shall be permitted to establish
a permanent additional location at a closed institution and shall
not be required--
``(A) to meet the requirements of sections 102(b)(1)(E) and
102(c)(1)(C) for such additional location; or
``(B) to assume the liabilities of the closed
institution.''.
SEC. 497. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) in paragraph (4), by striking ``and'' after the semicolon;
(2) in paragraph (5) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(6) provide to an institution of higher education an adequate
opportunity to review and respond to any program review report and
relevant materials related to the report before any final program
review report is issued;
``(7) review and take into consideration an institution of
higher education's response in any final program review report or
audit determination, and include in the report or determination--
``(A) a written statement addressing the institution of
higher education's response;
``(B) a written statement of the basis for such report or
determination; and
``(C) 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 is issued, other
than to the extent required to comply with paragraph (5), except
that the Secretary shall promptly disclose any and all program
review reports to the institution of higher education under
review.''.
SEC. 498. REVIEW OF REGULATIONS.
Section 498B (20 U.S.C. 1099c-2) is amended by striking subsection
(d).
PART I--COMPETITIVE LOAN AUCTION PILOT PROGRAM
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.
Section 499 (20 U.S.C. 1099d) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and'' after the
semicolon;
(ii) in clause (ii), by striking the period at the end
of the sentence and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a commitment from such eligible lender that, if
the lender has a winning bid under subparagraph (F), the
lender will enter into the agreement required under
subparagraph (G).'';
(B) by striking subparagraph (G) and inserting the
following:
``(G) Agreement with secretary; compliance.--
``(i) Agreement.--Each eligible lender having a winning
bid under subparagraph (F) shall enter into an agreement
with the Secretary under which the eligible lender--
``(I) agrees to originate eligible Federal PLUS
Loans under this paragraph to each borrower who--
``(aa) seeks an eligible Federal PLUS Loan
under this paragraph to enable a dependent student
to attend an institution of higher education within
the State;
``(bb) is eligible for an eligible Federal PLUS
Loan; and
``(cc) elects to borrow from the eligible
lender; and
``(II) agrees to accept a special allowance payment
(after the application of section 438(b)(2)(I)(v)) from
the Secretary with respect to the eligible Federal PLUS
Loans originated under subclause (I) in the amount
proposed in the second lowest winning bid described in
subparagraph (F) for the applicable State auction.
``(ii) Compliance.--If an eligible lender with a
winning bid under subparagraph (F) fails to enter into the
agreement required under clause (i), or fails to comply
with the terms of such agreement, the Secretary may
sanction such eligible lender through one or more of the
following:
``(I) The assessment of a penalty on such eligible
lender for any eligible Federal PLUS Loans that such
eligible lender fails to originate under this paragraph
in accordance with the agreement required under clause
(i), in the amount of the additional costs (including
the amounts of any increase in special allowance
payments) incurred by the Secretary in obtaining
another eligible lender to originate such eligible
Federal PLUS Loans. The Secretary shall collect such
penalty by--
``(aa) reducing the amount of any payments
otherwise due to such eligible lender from the
Secretary by the amount of the penalty; or
``(bb) requesting any other Federal agency to
reduce the amount of any payments due to such
eligible lender from such agency by the amount of
the penalty, in accordance with section 3716 of
title 31, United States Code.
``(II) A prohibition of bidding by such lender in
other auctions under this section.
``(III) The limitation, suspension, or termination
of such eligible lender's participation in the loan
program under part B.
``(IV) Any other enforcement action the Secretary
is authorized to take under part B.''; and
(C) by striking subparagraph (J) and inserting the
following:
``(J) Guarantee against losses.--Each eligible Federal PLUS
Loan originated under this paragraph shall be insured by a
guaranty agency in accordance with part B, except that,
notwithstanding section 428(b)(1)(G), such insurance shall be
in an amount equal to 99 percent of the unpaid principal and
interest due on the loan.''; and
(2) 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
program 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; and
``(6) the feasibility of using the mechanism piloted to operate
the other loan programs under part B of this title.
``(d) Reports.--
``(1) In general.--The Secretary and the Secretary of the
Treasury shall submit to the authorizing committees--
``(A) not later than September 1, 2010, a preliminary
report regarding the findings of the evaluation described in
subsection (c);
``(B) not later than September 1, 2012, an interim report
regarding such findings; and
``(C) not later than September 1, 2013, a final report
regarding such findings.
``(2) Contents.--The Secretary shall include, in each report
required under subparagraphs (A), (B), and (C) of paragraph (1),
any recommendations, that are based on the findings of the
evaluation under subsection (c), for--
``(A) improving the operation and administration of the
auction; and
``(B) improving the operation and administration of other
loan programs under part B.''.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. AUTHORIZED ACTIVITIES.
Section 503(b) (20 U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10), (11),
(12), (13), and (14), as paragraphs (7), (8), (9), (10), (11),
(12), (13), (14), and (16), respectively;
(2) in paragraph (5), by inserting ``, including innovative and
customized instruction courses (which may include remedial
education and English language instruction) designed to help retain
students and move the students rapidly into core courses and
through program completion'' before the period at the end;
(3) by inserting after paragraph (5) the following:
``(6) Articulation agreements and student support programs
designed to facilitate the transfer from two-year to four-year
institutions.'';
(4) by inserting after paragraph (14) (as redesignated by
paragraph (1)) the following:
``(15) Providing education, counseling services, or financial
information designed to improve the financial literacy and economic
literacy of students or the students' families, especially with
regard to student indebtedness and student assistance programs
under title IV.''; and
(5) in paragraph (11) (as redesignated by paragraph (1)), by
striking ``distance learning academic instruction capabilities''
and inserting ``distance education technologies''.
SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Amendments.--Title V (20 U.S.C. 1101 et seq.) 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 the following:
``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 of higher education
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 grants,
on a competitive basis, to eligible institutions to enable the eligible
institutions to carry out the authorized activities described in
section 513.
``(b) Eligibility.--For the purposes of this part, an `eligible
institution' means an institution of higher education that--
``(1) is a Hispanic-serving institution (as defined in section
502); and
``(2) offers a postbaccalaureate certificate or
postbaccalaureate 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 low-income 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 postbaccalaureate 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 education technologies, including purchase or rental of
telecommunications technology equipment or services.
``(7) Collaboration with other institutions of higher education
to expand postbaccalaureate certificate and postbaccalaureate
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 the Secretary may require. Such application
shall demonstrate how the grant funds will be used to improve
postbaccalaureate education opportunities for Hispanic and low-income
students.
``(b) Duration.--Grants under this part shall be awarded for a
period not to exceed five years.
``(c) Limitation.--The Secretary may not award more than one grant
under this part in any fiscal year to any Hispanic-serving
institution.''.
(b) Conforming Amendments.--Title V (20 U.S.C. 1101 et seq.) is
amended--
(1) in section 502--
(A) in subsection (a)(2)(A)(ii), by striking ``section
512(b)'' and inserting ``section 522(b)''; and
(B) in subsection (b)(2), by striking ``section 512(a)''
and inserting ``section 522(a)'';
(2) in section 521(c)(6) (as redesignated by subsection
(a)(2)), by striking ``section 516'' and inserting ``section 526'';
and
(3) in section 526 (as redesignated by subsection (a)(2)), by
striking ``section 518'' and inserting ``section 528''.
SEC. 503. APPLICATIONS.
Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20
U.S.C. 1103(b)(1)(A)) is amended by striking ``subsection (b)'' and
inserting ``subsection (c)''.
SEC. 504. COOPERATIVE ARRANGEMENTS.
Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C.
1103c(a)) is amended by striking ``section 503'' and inserting
``sections 503 and 513''.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C.
1103g(a)) is amended to read as follows:
``(a) Authorizations.--
``(1) Parts a and c.--There are authorized to be appropriated
to carry out parts A and C $175,000,000 for fiscal year 2009 and
such sums as may be necessary for each of the five succeeding
fiscal years.
``(2) Part b.--There are authorized to be appropriated to carry
out part B $100,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the five succeeding fiscal years.''.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY.
Section 601 (20 U.S.C. 1121) is amended--
(1) in the section heading, by striking ``and purposes'' and
inserting ``; purposes; consultation; survey'';
(2) in subsection (a)(3), by striking ``post-Cold War'';
(3) in subsection (b)(1)(D), by inserting ``, including through
linkages with overseas institutions'' before the semicolon; and
(4) by adding at the end the following:
``(c) Consultation.--
``(1) In general.--The Secretary shall, prior to requesting
applications for funding under this title during each grant cycle,
consult with and receive recommendations regarding national need
for expertise in foreign languages and world regions from the head
officials of a wide range of Federal agencies.
``(2) Considering recommendations; providing information.--The
Secretary--
``(A) may take into account the recommendations described
in paragraph (1); and
``(B) shall--
``(i) provide information collected under paragraph (1)
when requesting applications for funding under this title;
and
``(ii) make available to applicants a list of areas
identified as areas of national need.
``(d) Survey.--The Secretary shall assist grantees in developing a
survey to administer to students who have completed programs under this
title to determine postgraduate employment, education, or training. All
grantees, where applicable, shall administer such survey once every two
years and report survey results to the Secretary.''.
SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)--
(A) 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.'';
(B) in paragraph (2)--
(i) by striking ``and'' at the end of subparagraph (G);
(ii) by striking the period at the end of subparagraph
(H) and inserting a semicolon; and
(iii) by inserting after subparagraph (H) the following
new subparagraphs:
``(I) supporting instructors of the less commonly taught
languages; and
``(J) projects that support students in the science,
technology, engineering, and mathematics fields to achieve
foreign language proficiency.''; and
(C) in paragraph (4)--
(i) in subparagraph (C)--
(I) by striking ``Programs of linkage or outreach''
and inserting ``Partnerships or programs of linkage and
outreach''; and
(II) by inserting ``, including Federal or State
scholarship programs for students in related areas''
before the period at the end;
(ii) 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)'';
(iii) by redesignating subparagraphs (C) through (E)
(as so amended) as subparagraphs (D) through (F),
respectively; and
(iv) by inserting after subparagraph (B) the following:
``(C) Programs of linkage or outreach between or among--
``(i) postsecondary programs or departments in foreign
language, area studies, or other international fields; and
``(ii) State educational agencies or local educational
agencies.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Graduate'';
and
(B) by striking paragraph (2) and inserting the following:
``(2) Eligible students.--A student receiving a stipend
described in paragraph (1) shall be engaged--
``(A) 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; and
``(B)(i) in the case of an undergraduate student, in the
intermediate or advanced study of a less commonly taught
language; or
``(ii) in the case of a graduate student, in graduate study
in connection with a program described in subparagraph (A),
including--
``(I) predissertation level study;
``(II) preparation for dissertation research;
``(III) dissertation research abroad; or
``(IV) dissertation writing.''; and
(3) by striking subsection (d) and inserting the following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded to a
graduate level recipient may include allowances for dependents and
for travel for research and study in the United States and abroad.
``(2) Undergraduate level recipients.--A stipend awarded to an
undergraduate level recipient may include an allowance for
educational programs in the United States or educational programs
abroad that--
``(A) are closely linked to the overall goals of the
recipient's course of study; and
``(B) have the purpose of promoting foreign language
fluency and knowledge of foreign cultures.
``(e) Application.--Each institution of higher education or
consortium of such institutions desiring a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information and assurances as the
Secretary may require. Each such application shall include--
``(1) an explanation of how the activities funded by the grant
will reflect diverse perspectives and a wide range of views and
generate debate on world regions and international affairs; and
``(2) a description of how the applicant will encourage
government service in areas of national need, as identified by the
Secretary, as well as in areas of need in the education, business,
and nonprofit sectors.''.
SEC. 603. 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''.
SEC. 604. 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), by amending clause (ii) to read as
follows:
``(ii) pre-service teacher training and in-service
teacher professional development;'';
(B) by redesignating subparagraphs (I) through (M) as
subparagraphs (J) through (N), respectively; and
(C) by inserting after subparagraph (H) the following new
subparagraph:
``(I) the provision of grants for educational programs
abroad that--
``(i) are closely linked to the program's overall
goals; and
``(ii) have the purpose of promoting foreign language
fluency and knowledge of world regions;'';
(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)(7)--
(A) in subparagraph (C), by striking ``and'' after the
semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(E) a description of how the applicant will provide
information to students regarding federally funded scholarship
programs in related areas;
``(F) an explanation of how the activities funded by the
grant will reflect diverse perspectives and a wide range of
views and generate debate on world regions and international
affairs, where applicable; and
``(G) a description of how the applicant will encourage
service in areas of national need, as identified by the
Secretary.''; and
(6) in subsection (c)--
(A) by striking ``(c) Funding Support.--The Secretary'' and
inserting the following:
``(c) Funding Support.--
``(1) In general.--The Secretary'';
(B) by striking ``10'' and inserting ``20''; and
(C) by adding at the end the following:
``(2) Grantees.--Of the total amount of grant funds awarded to
a grantee under this section, the grantee may use not more than ten
percent of such funds for the activity described in subsection
(a)(2)(I).''.
SEC. 605. RESEARCH; STUDIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the semicolon;
(2) in paragraph (9), by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(10) evaluation of the extent to which programs assisted
under this title reflect diverse perspectives and a wide range of
views and generate debate on world regions and international
affairs, as described in the grantee's application;
``(11) the systematic collection, analysis, and dissemination
of data that contribute to achieving the purposes of this part; and
``(12) support for programs or activities to make data
collected, analyzed, or disseminated under this section publicly
available and easy to understand.''.
SEC. 606. 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 and other such institutions, libraries, or
nonprofit educational organizations'';
(B) by striking ``new electronic technologies'' and
inserting ``electronic technologies'';
(C) by inserting ``from foreign sources'' after
``disseminate information'';
(D) by striking ``(a) Authority.-- The Secretary'' and
inserting the following:
``(a) Authority.--
``(1) In general.--The Secretary''; and
(E) by adding at the end the following:
``(2) Grant recipients.--The Secretary may award grants under
this section to carry out the activities authorized under this
section to the following:
``(A) An institution of higher education.
``(B) A public or nonprofit private library.
``(C) A partnership of an institution of higher education
and one or more of the following:
``(i) Another institution of higher education.
``(ii) A library.
``(iii) A nonprofit educational organization.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``to facilitate access
to'' and inserting ``to acquire, facilitate access to,'';
(B) in paragraph (3), by inserting ``or standards for''
after ``means of'';
(C) in paragraph (6), by striking ``and'' after the
semicolon;
(D) in paragraph (7), by striking the period and inserting
a semicolon; and
(E) by adding at the end the following:
``(8) to establish linkages to facilitate carrying out the
activities described in this subsection between--
``(A) the institutions of higher education, libraries, and
partnerships receiving grants under this section; and
``(B) institutions of higher education, nonprofit
educational organizations, and libraries overseas; and
``(9) to carry out other activities that the Secretary
determines are consistent with the purpose of the grants awarded
under this section.''; and
(3) in subsection (c), by striking ``institution or
consortium'' and inserting ``institution of higher education,
library, or partnership''.
SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS.
Section 607 (20 U.S.C. 1127) is amended--
(1) in subsection (a), by striking ``evaluates the applications
for comprehensive and undergraduate language and area centers and
programs.'' and inserting ``evaluates--
``(1) the applications for comprehensive foreign language and
area or international studies centers and programs; and
``(2) the applications for undergraduate foreign language and
area or international studies centers and programs.''; and
(2) in subsection (b), by adding at the end the following: ``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, and generate information for and disseminate
information to the public. The Secretary shall also consider an
applicant's record of placing students into postgraduate
employment, education, or training in areas of national need and an
applicant's stated efforts to increase the number of such students
that go into such placements.''.
SEC. 608. AMERICAN OVERSEAS RESEARCH CENTERS.
Section 609 (20 U.S.C. 1128a) is amended by adding at the end the
following:
``(e) Application.--Each center desiring to receive a grant or
contract under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information and assurances as the Secretary may require.''.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL AND
FOREIGN LANGUAGE STUDIES.
Section 610 (20 U.S.C. 1128b) is amended--
(1) by striking ``$80,000,000'' and inserting ``such sums as
may be necessary'';
(2) by striking ``1999'' and inserting ``2009''; and
(3) by striking ``4'' and inserting ``five''.
SEC. 610. CONFORMING AMENDMENTS.
(a) 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''.
(b) Section 612 (20 U.S.C. 1130-1) is further amended by striking
``combination'' each place it appears and inserting ``consortium''.
SEC. 611. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section 612 (20
U.S.C. 1130-1) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(1) Purpose.--The purpose of this section is to coordinate
the programs of the Federal Government in the areas of research,
education, and training in international business and trade
competitiveness.'';
(2) in subsection (c)(2)----
(A) in subparagraph (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'';
(B) by striking ``and'' at the end of subparagraph (E);
(C) by redesignating subparagraph (F) as subparagraph (G);
and
(D) by inserting the following new subparagraph after
subparagraph (E):
``(F) programs encouraging the advancement and
understanding of technology-related disciplines, including
manufacturing software systems and technology management;
and''; and
(3) in subsection (f)(3), by inserting ``, and that diverse
perspectives will be made available to students in programs under
this section'' before the semicolon.
(b) Education and Training Programs.--Section 613(c) (20 U.S.C.
1130a(c)) is amended by adding at the end the following: ``Each such
application shall include an assurance that, where applicable, the
activities funded by the grant will reflect diverse perspectives and a
wide range of views on world regions and international affairs.''.
(c) Authorization of Appropriations.--Section 614 (20 U.S.C. 1130b)
is amended--
(1) in subsection (a)--
(A) by striking ``$11,000,000'' and inserting ``such sums
as may be necessary'';
(B) by striking ``1999'' and inserting ``2009''; and
(C) by striking ``4'' and inserting ``five''; and
(2) in subsection (b)--
(A) by striking ``$7,000,000'' and inserting ``such sums as
may be necessary'';
(B) by striking ``1999'' and inserting ``2009''; and
(C) by striking ``4'' and inserting ``five''.
SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT
PROGRAM.
Section 621 (20 U.S.C. 1131) is amended--
(1) in subsection (a), by striking the second sentence 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 and the foreign service of the United States.'';
(2) in subsection (b)(1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (A) the following:
``(B) A tribally controlled college or university or Alaska
Native or Native Hawaiian-serving institution eligible for
assistance under part A or B of title III, or an institution
eligible for assistance under title V.
``(C) An institution of higher education that serves
substantial numbers of underrepresented minority students.'';
and
(3) in subsection (c)--
(A) by striking ``(c) Application.--Each'' and inserting
the following:
``(c) Application.--
``(1) In general.--Each''; and
(B) by adding at the end the following:
``(2) Content of application.--Each application submitted under
paragraph (1) shall include a description of how the activities
funded by the grant will reflect diverse perspectives and a wide
range of views and generate debate on world regions and
international affairs, where applicable.''.
SEC. 613. INSTITUTIONAL DEVELOPMENT.
Section 622 (20 U.S.C. 1131-1) is amended--
(1) in subsection (a)--
(A) by striking ``Tribally Controlled Colleges or
Universities'' and inserting ``tribally controlled colleges or
universities''; and
(B) by striking ``international affairs programs.'' and
inserting ``international affairs, international business, and
foreign language study programs, including the teaching of
foreign languages, at such colleges, universities, and
institutions, respectively, which may include collaboration
with institutions of higher education that receive funding
under this title''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively; and
(C) in paragraph (1) (as redesignated by subparagraph (B)),
by inserting ``and'' after the semicolon.
SEC. 614. STUDY ABROAD PROGRAM.
Section 623(a) (20 U.S.C. 1131a(a)) is amended--
(1) by striking ``as defined in section 322 of this Act''; and
(2) by striking ``tribally controlled Indian community colleges
as defined in the Tribally Controlled Community College Assistance
Act of 1978'' and inserting ``tribally controlled colleges or
universities, Alaska Native-serving, Native Hawaiian-serving, and
Hispanic-serving institutions''.
SEC. 615. 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''.
SEC. 616. INTERNSHIPS.
Section 625 (20 U.S.C. 1131c) is amended--
(1) in subsection (a)--
(A) by striking ``as defined in section 322 of this Act'';
(B) by striking ``tribally controlled Indian community
colleges as defined in the Tribally Controlled Community
College Assistance Act of 1978'' and inserting ``tribally
controlled colleges or universities, Alaska Native-serving,
Native Hawaiian-serving, and Hispanic-serving institutions'';
(C) by striking ``an international'' and inserting
``international,''; and
(D) by striking ``the United States Information Agency''
and inserting ``the Department of State'';
(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) in subsection (c)(1)--
(A) in subparagraph (E), by inserting ``and'' after the
semicolon;
(B) in subparagraph (F), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (G).
SEC. 617. FINANCIAL ASSISTANCE.
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended--
(1) by redesignating sections 626, 627, and 628 as sections
627, 628, and 629, respectively; and
(2) by inserting after section 625 the following:
``SEC. 626. FINANCIAL ASSISTANCE.
``(a) Authority.--The Institute may provide financial assistance,
in the form of summer stipends described in subsection (b) and Ralph
Bunche scholarship assistance described in subsection (c), to low-
income students to facilitate the participation of the students in the
Institute's programs under this part.
``(b) Summer Stipends.--
``(1) Requirements.--A student receiving a summer stipend under
this section shall use such stipend to defray the student's cost of
participation in a summer institute program funded under this part,
including the costs of travel, living, and educational expenses
necessary for the student's participation in such program.
``(2) Amount.--A summer stipend awarded to a student under this
section shall not exceed $3,000 per summer.
``(c) Ralph Bunche Scholarship.--
``(1) Requirements.--A student receiving a Ralph Bunche
scholarship under this section--
``(A) shall be a full-time student at an institution of
higher education who is accepted into a program funded under
this part; and
``(B) shall use such scholarship to pay costs related to
the cost of attendance, as defined in section 472, at the
institution of higher education in which the student is
enrolled.
``(2) Amount and duration.--A Ralph Bunche scholarship awarded
to a student under this section shall not exceed $5,000 per
academic year.''.
SEC. 618. REPORT.
Section 627 (as redesignated by section 617(1)) (20 U.S.C. 1131d)
is amended by striking ``annually prepare a report'' and inserting
``prepare a report once every two years''.
SEC. 619. GIFTS AND DONATIONS.
Section 628 (as redesignated by section 617(1)) (20 U.S.C. 1131e)
is amended by striking ``annual report described in section 626'' and
inserting ``report described in section 627''.
SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE FOR
INTERNATIONAL PUBLIC POLICY.
Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f)
is amended--
(1) by striking ``$10,000,000'' and inserting ``such sums as
may be necessary'';
(2) by striking ``1999'' and inserting ``2009''; and
(3) by striking ``4 succeeding'' and inserting ``five
succeeding''.
SEC. 621. DEFINITIONS.
Section 631 (20 U.S.C. 1132) is amended--
(1) by striking paragraph (7);
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8),
and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3),
respectively;
(3) in paragraph (2), as redesignated by paragraph (2), by
striking ``comprehensive language and area center'' and inserting
``comprehensive foreign language and area or international studies
center'';
(4) in paragraph (3), as redesignated by paragraph (2), by
striking the period at the end and inserting a semicolon;
(5) by inserting after paragraph (4), as redesignated by
paragraph (2), the following:
``(5) the term `historically Black college and university' has
the meaning given the term `part B institution' in section 322;'';
(6) in paragraph (6), as redesignated by paragraph (2), by
striking ``and'' after the semicolon;
(7) by inserting after paragraph (8), as redesignated by
paragraph (2), the following:
``(9) the term `tribally controlled college or university' has
the meaning given the term in section 2 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801);
and''; and
(8) in paragraph (10), as redesignated by paragraph (2)--
(A) by striking ``undergraduate language and area center''
and inserting ``undergraduate foreign language and area or
international studies center''; and
(B) by striking the semicolon and inserting a period.
SEC. 622. NEW PROVISIONS.
Part D of title VI (20 U.S.C. 1132) is amended by adding at the end
the following:
``SEC. 632. SPECIAL RULE.
``The Secretary may waive or reduce the non-Federal share required
under this title 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.''.
``SEC. 633. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to authorize the
Secretary to mandate, direct, or control an institution of higher
education's specific instructional content, curriculum, or program of
instruction.
``SEC. 634. ASSESSMENT.
``The Secretary is authorized to assess and ensure compliance with
all the conditions and terms of grants provided under this title.
``SEC. 635. EVALUATION, OUTREACH, AND INFORMATION.
``The Secretary may use not more than one percent of the funds made
available under this title to carry out program evaluation, national
outreach, and information dissemination activities relating to the
programs authorized under this title.
``SEC. 636. REPORT.
``The Secretary shall, in consultation and collaboration with the
Secretary of State, the Secretary of Defense, and the heads of other
relevant Federal agencies, submit a report once every two years that
identifies areas of national need in foreign language, area, and
international studies as such studies relate to government, education,
business, and nonprofit needs, and a plan to address those needs. The
report shall be provided to the authorizing committees and made
available to the public.
``SEC. 637. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.
``(a) Purpose.--It is the purpose of this section to support
programs in institutions of higher education that--
``(1) encourage students to develop--
``(A) an understanding of science and technology; and
``(B) foreign language proficiency;
``(2) foster future international scientific collaboration;
``(3) provide for professional development opportunities for
elementary school and secondary school teachers of critical foreign
languages to increase the number of highly qualified teachers in
critical foreign languages; and
``(4) increase 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) 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, which may
include the preparation of teachers to teach foreign languages.
``(c) Regulations and Requirements.--The Secretary shall promulgate
regulations for the awarding of grants under subsection (b). Such
regulations may 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;
``(3) other programs, such as summer workshops, that emphasize
the intense study of a foreign language and science technology;
``(4) if applicable, recruiting highly qualified teachers in
critical foreign languages, and providing professional development
activities for such teachers at the elementary school and secondary
school levels; and
``(5) providing innovative opportunities for students that will
allow for critical language learning, such as immersion
environments, intensive study opportunities, internships, and
distance learning.
``(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) Report on Best Practices.--Not later than 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 of higher education that
receive funding under title III or title V in increasing the
critical foreign language education efforts in the United States;
and
``(2) submit a report on the results of such study to the
authorizing committees.
``(f) 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. 638. 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 the contribution (including cash and the
fair market value of any property) received from any foreign
government or from a foreign private sector corporation or
foundation during any fiscal year exceeds $250,000 in the
aggregate; and
``(2) the aggregate contribution, or a significant part of the
aggregate contribution, is to be used by a center or program
receiving funds under this title.
``(b) Data Required.--The Secretary shall require an institution of
higher education referred to in subsection (a) to report information
listed in subsection (a) to the Secretary consistent with the
requirements of section 117.''.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SEC. 701. PURPOSE.
Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by
inserting ``, including those areas critical to United States national
and homeland security needs, such as science, technology, engineering,
and mathematics'' before the semicolon.
SEC. 702. JACOB K. JAVITS FELLOWSHIP PROGRAM.
(a) 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 for not more than 12 months (in any other case), but
without payment of the stipend.''.
(b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended to read as follows:
``(1) Appointment.--
``(A) In general.--The Secretary shall appoint a Jacob K.
Javits Fellows Program Fellowship Board (referred to in this
subpart as the `Board') consisting of 9 individuals
representative of both public and private institutions of
higher education who are especially qualified to serve on the
Board.
``(B) Qualifications.--In making appointments under
subparagraph (A), the Secretary shall--
``(i) give due consideration to the appointment of
individuals who are highly respected in the academic
community;
``(ii) appoint members who represent the various
geographic regions of the United States;
``(iii) ensure that individuals appointed to the Board
are broadly representative of a range of disciplines in
graduate education in arts, humanities, and social
sciences; and
``(iv) ensure that such individuals include
representatives from institutions that are eligible for one
or more of the grants under title III or V.''.
(c) Stipends.--
(1) Section 703 (20 U.S.C. 1134b) is amended--
(A) in subsection (a)--
(i) by striking ``1999-2000'' and inserting ``2009-
2010''; and
(ii) by striking ``Foundation graduate fellowships''
and inserting ``Foundation Graduate Research Fellowship
Program for such academic year''; and
(B) in subsection (b), by striking paragraph (1)(A) and
inserting the following:
``(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 the previous
calendar year.''.
(d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``fiscal year 1999'' and all that follows
through the period at the end and inserting ``fiscal year 2009 and each
of the five succeeding fiscal years to carry out this subpart.''.
SEC. 703. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Institutional Eligibility.--Section 712 (20 U.S.C. 1135a) is
amended by striking subsection (b) and inserting the following:
``(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; and
``(4) an assessment of current (as of the time of the
designation) and future professional workforce needs of the United
States.''.
(b) Awards to Graduate Students.--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 for
such academic year''.
(c) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010''; and
(2) by striking ``1998-1999'' and inserting ``2008-2009''.
(d) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``fiscal year 1999'' and all that follows
through the period at the end and inserting ``fiscal year 2009 and each
of the five succeeding fiscal years to carry out this subpart.''.
(e) Technical Amendments.--Subpart 2 of part A of title VII (as
amended by this section) (20 U.S.C. 113 et seq.) is further amended--
(1) in section 711(a)(1) (20 U.S.C. 1135(a)(1)), by inserting
``, including a master's or doctoral degree,'' after ``leading to a
graduate degree'';
(2) in section 712(a) (20 U.S.C. 1135a(a)), by inserting ``,
including a master's or doctoral degree,'' after ``leading to a
graduate degree'';
(3) in section 713(b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)), by
inserting ``at the institution'' before the semicolon; and
(4) in section 714(c) (20 U.S.C. 1135c(c))--
(A) by striking ``716(a)'' and inserting ``715(a)''; and
(B) by striking ``714(b)(2)'' and inserting ``713(b)(2)''.
SEC. 704. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Program Authority.--
(1) Section 721(a) (20 U.S.C. 1136(a)) is amended--
(A) by inserting ``secondary school and'' after
``disadvantaged''; and
(B) by inserting ``and admission to law practice'' before
the period at the end.
(b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is amended in
the matter preceding paragraph (1), by inserting ``secondary school
student or'' before ``college student''.
(c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) in paragraph (1), by inserting ``secondary school and''
before ``college students'';
(2) by striking paragraph (2) and inserting the following:
``(2) to prepare such students for successful completion of a
baccalaureate degree and for study at accredited law schools, and
to assist them with the development of analytical skills, writing
skills, and study methods to enhance the students' success in, and
promote the students' admission to and completion of, law
school;'';
(3) in paragraph (4), by striking ``and'' after the semicolon;
and
(4) by striking paragraph (5) and inserting the following:
``(5) to motivate and prepare such students--
``(A) with respect to law school studies and practice in
low-income communities; and
``(B) to provide legal services to low-income individuals
and families; and
``(6) to award Thurgood Marshall Fellowships to eligible law
school students--
``(A) who participated in summer institutes under
subsection (d)(6) and who are enrolled in an accredited law
school; or
``(B) who have successfully completed a comparable summer
institute program that is certified by the Council on Legal
Education Opportunity.''.
(d) Services Provided.--Section 721(d) (20 U.S.C. 1136(d)) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``pre-
college programs, undergraduate'' before ``pre-law'';
(2) in paragraph (1)--
(A) in subparagraph (B), by inserting ``law school'' before
``graduation''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) pre-college and undergraduate preparatory courses in
analytical and writing skills, study methods, and course
selection;'';
(3) by redesignating paragraphs (2) through (6) as paragraphs
(3) through (7), respectively;
(4) by inserting after paragraph (1) the following:
``(2) summer academic programs for secondary school students
who have expressed interest in a career in the law;''; and
(5) in paragraph (7) (as redesignated by paragraph (3)), by
inserting ``and Associates'' after ``Thurgood Marshall Fellows''.
(e) Duration.--Section 721(e)(1) (20 U.S.C. 1136(e)(1)) is amended
by inserting ``, including before and during undergraduate study''
before the semicolon.
(f) Subcontracts and Subgrants.--Section 721(f) (20 U.S.C. 1136(f))
is amended--
(1) by inserting ``national and State bar associations,'' after
``agencies and organizations,''; and
(2) by striking ``and organizations.'' and inserting
``organizations, and associations.''.
(g) Stipends.--Section 721(g) (20 U.S.C. 1136(g)) is amended to
read as follows:
``(g) Fellowships and Stipends.--The Secretary shall annually
establish the maximum fellowship to be awarded, and the maximum stipend
to be paid (including allowances for participant travel and for the
travel of the dependents of the participant), to Thurgood Marshall
Fellows or Associates for the period of participation in summer
institutes, midyear seminars, and bar preparation seminars. A Thurgood
Marshall Fellow or Associate may be eligible for such a fellowship or
stipend only if the Fellow or Associate maintains satisfactory academic
progress toward the Juris Doctor or Bachelor of Laws degree, as
determined by the respective institutions (except with respect to a law
school graduate enrolled in a bar preparation course).''.
(h) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``fiscal year 1999'' and all that
follows through the period at the end and inserting ``fiscal year 2009
and each of the five succeeding fiscal years.''.
(i) Repeal of Continuation Awards.--Subsection (e) of section 731
(20 U.S.C. 1137(e)) is repealed.
SEC. 705. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) addressing the under-representation of women and minorities
in the higher education professoriate will require consistent
inter-institutional cooperation, data gathering, analysis, and
self-evaluation; and
(2) institutions eligible for funds under part A of title VII
of the Higher Education Act of 1965 (20 U.S.C. 1134 et seq.) should
be encouraged to consider the feasibility and potential design of
an inter-institution monitoring organization addressing under-
representation by race, ethnicity, and gender in postsecondary
faculty and administrators.
SEC. 706. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES AND PREDOMINANTLY BLACK INSTITUTIONS.
(a) Technical Amendments.--Part A of title VII (as amended by this
title) (20 U.S.C. 1134 et seq.) is further amended--
(1) by redesignating subpart 4 as subpart 5;
(2) in the heading of section 731, by striking ``subparts 1, 2,
and 3'' and inserting ``subparts 1 through 4''; and
(3) in section 731--
(A) in subsections (a) and (b), by striking ``subparts 1,
2, and 3'' each place the term appears and inserting ``subparts
1 through 4''; and
(B) in subsection (d), by striking ``subpart 1, 2, or 3''
and inserting ``subpart 1, 2, 3, or 4''.
(b) Master's Degree Programs.--Part A of title VII (as amended by
this title) (20 U.S.C. 1134 et seq.) is further amended by inserting
after subpart 3 the following:
``Subpart 4--Masters Degree Programs at Historically Black Colleges and
Universities and Predominantly Black Institutions
``SEC. 723. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES.
``(a) Grant Program Authorized.--
``(1) In general.--Subject to the availability of funds
appropriated to carry out this section, the Secretary shall award
program grants to each of the institutions listed in subsection
(b)(1) that is determined by the Secretary to be making a
substantial contribution to graduate education opportunities at the
masters level in mathematics, engineering, the physical or natural
sciences, computer science, information technology, nursing, allied
health, or other scientific disciplines for Black Americans.
``(2) Assurance of non-federal matching funds.--No grant in
excess of $1,000,000 may be made under this section unless the
institution provides assurances that 50 percent of the cost of the
purposes for which the grant is made will be paid from non-Federal
sources, except that no institution shall be required to match any
portion of the first $1,000,000 of the institution's award from the
Secretary. After funds are made available to each eligible
institution under the funding rules described in subsection (f),
the Secretary shall distribute, on a pro rata basis, any amounts
which were not so made available (by reason of the failure of an
institution to comply with the matching requirements of this
paragraph) among the institutions that have complied with such
matching requirement.
``(3) Minimum award.--Subject to subsections (f) and (g), the
amount awarded to each eligible institution listed in subsection
(b)(1) for a fiscal year shall be not less than $500,000.
``(4) Duration of grants.--A grant awarded under this section
shall be for a period of not more than six years, but may be
periodically renewed for a period to be determined by the
Secretary.
``(b) Institutional Eligibility.--
``(1) In general.--Institutions eligible for grants under
subsection (a) are the following:
``(A) Albany State University.
``(B) Alcorn State University.
``(C) Claflin University.
``(D) Coppin State University.
``(E) Elizabeth City State University.
``(F) Fayetteville State University.
``(G) Fisk University.
``(H) Fort Valley State University.
``(I) Grambling State University.
``(J) Kentucky State University.
``(K) Mississippi Valley State University.
``(L) Savannah State University.
``(M) South Carolina State University.
``(N) University of Arkansas, Pine Bluff.
``(O) Virginia State University.
``(P) West Virginia Sate University.
``(Q) Wilberforce University.
``(R) Winston-Salem State University.
``(2) Qualified masters degree program.--
``(A) In general.--For the purposes of this section, the
term `qualified masters degree program' means a masters degree
program that provides a program of instruction in mathematics,
engineering, the physical or natural sciences, computer
science, information technology, nursing, allied health, or
other scientific disciplines in which African Americans are
underrepresented and has students enrolled in such program of
instruction at the time of application for a grant under this
section.
``(B) Enrollment exception.--Notwithstanding the enrollment
requirement contained in subparagraph (A), an institution may
use an amount equal to not more than 10 percent of the
institution's grant under this section for the development of a
new qualified masters degree program.
``(3) Institutional choice.--The president or chancellor of the
institution may decide which graduate school or qualified masters
degree program will receive funds under the grant in any one fiscal
year, if the allocation of funds among the schools or programs is
delineated in the application for funds submitted to the Secretary
under this section.
``(4) One grant per institution.--The Secretary shall not award
more than one grant under this section in any fiscal year to any
institution of higher education.
``(c) Application.--An eligible institution listed in subsection
(b)(1) desiring a grant under this section shall submit an application
at such time, in such manner, and containing such information as the
Secretary may require. The application shall--
``(1) demonstrate how the grant funds under this section will
be used to improve graduate educational opportunities for Black and
low-income students, and lead to greater financial independence;
and
``(2) provide, in the case of applications for grants in excess
of $1,000,000, the assurances required under subsection (a)(2) and
specify the manner in which the eligible institution is going to
pay the non-Federal share of the cost of the application.
``(d) Uses of Funds.--A grant under this section may be used for--
``(1) purchase, rental, or lease of scientific or laboratory
equipment for educational purposes, including instructional and
research purposes;
``(2) construction, maintenance, renovation, and improvement in
classroom, library, laboratory, 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) scholarships, fellowships, and other financial assistance
for needy graduate students to permit the enrollment of the
students in, and completion of, a masters degree in mathematics,
engineering, the physical or natural sciences, computer science,
information technology, nursing, allied health, or other scientific
disciplines in which African Americans are underrepresented;
``(5) establishing or improving a development office to
strengthen and increase contributions from alumni and the private
sector;
``(6) assisting in the establishment or maintenance of an
institutional endowment to facilitate financial independence
pursuant to section 331;
``(7) funds and administrative management, and the acquisition
of equipment, including software, for use in strengthening funds
management and management information systems;
``(8) acquisition of real property that is adjacent to the
campus in connection with the construction, renovation, or
improvement of, or an addition to, campus facilities;
``(9) education or financial information designed to improve
the financial literacy and economic literacy of students or the
students' families, especially with regard to student indebtedness
and student assistance programs under title IV;
``(10) tutoring, counseling, and student service programs
designed to improve academic success;
``(11) faculty professional development, faculty exchanges, and
faculty participation in professional conferences and meetings; and
``(12) other activities proposed in the application submitted
under subsection (c) that--
``(A) contribute to carrying out the purposes of this
section; and
``(B) are approved by the Secretary as part of the review
and acceptance of such application.
``(e) Interaction With Other Grant Programs.--No institution that
is eligible for and receives an award under section 326, 512, or 724
for a fiscal year shall be eligible to apply for a grant, or receive
grant funds, under this section for the same fiscal year.
``(f) Funding Rule.--Subject to subsection (g), of the amount
appropriated to carry out this section for any fiscal year--
``(1) the first $9,000,000 (or any lesser amount appropriated)
shall be available only for the purposes of making minimum grants
under subsection (a)(3) to eligible institutions listed in
subparagraphs (A) through (R) of subsection (b)(1), except that if
the amount appropriated is not sufficient to pay the minimum grant
awards to all such eligible institutions, the amount of the minimum
award to each such eligible institution shall be ratably reduced;
``(2) after the application of paragraph (1), an amount shall
be available for the purpose of making minimum grants under
subsection (a)(3) to eligible institutions listed in subsection
(b)(1) that do not receive a grant under paragraph (1), if any,
except that if the amount appropriated is not sufficient to pay the
minimum grant awards to all such eligible institutions, the amount
of the minimum award to each such eligible institution shall be
ratably reduced; and
``(3) any amount in excess of $9,000,000 shall be made
available to each of the eligible institutions identified in
subparagraphs (A) through (R) of subsection (b)(1), pursuant to a
formula developed by the Secretary that uses the following
elements:
``(A) The ability of the institution to match Federal funds
with non-Federal funds.
``(B) The number of students enrolled in the qualified
masters degree program at the eligible institution in the
previous academic year.
``(C) The average cost of attendance per student, for all
full-time students enrolled in the qualified masters degree
program at such institution.
``(D) The number of students in the previous year who
received a degree in the qualified masters degree program at
such institution.
``(E) The contribution, on a percent basis, of the programs
for which the institution is eligible to receive funds under
this section to the total number of African Americans receiving
masters degrees in the disciplines related to the programs for
the previous year.
``(g) Hold Harmless Rule.--Notwithstanding paragraphs (2) and (3)
of subsection (f), no eligible institution identified in subsection
(b)(1) that receives a grant under this section for fiscal year 2009
and that is eligible to receive a grant for a subsequent fiscal year
shall receive a grant amount for any such subsequent fiscal year that
is less than the grant amount received for fiscal year 2009, unless--
``(1) the amount appropriated is not sufficient to provide such
grant amounts to all such institutions and programs that received
grants under this section for such fiscal year and that are
eligible to receive a grant in such subsequent fiscal year; or
``(2) the institution cannot provide sufficient matching funds
to meet the requirements of this section.
``SEC. 724. MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK
INSTITUTIONS.
``(a) Grant Program Authorized.--
``(1) In general.--Subject to the availability of funds
appropriated to carry out this section, the Secretary shall award
program grants to each of the institutions listed in subsection
(b)(1) that is determined by the Secretary to be making a
substantial contribution to graduate education opportunities at the
masters level in mathematics, engineering, the physical or natural
sciences, computer science, information technology, nursing, allied
health, or other scientific disciplines for Black Americans.
``(2) Assurance of non-federal matching funds.--No grant in
excess of $1,000,000 may be made under this section unless the
institution provides assurances that 50 percent of the cost of the
purposes for which the grant is made will be paid from non-Federal
sources, except that no institution shall be required to match any
portion of the first $1,000,000 of the institution's award from the
Secretary. After funds are made available to each eligible
institution under the funding rules described in subsection (f),
the Secretary shall distribute, on a pro rata basis, any amounts
which were not so made available (by reason of the failure of an
institution to comply with the matching requirements of this
paragraph) among the institutions that have complied with such
matching requirement.
``(3) Minimum award.--Subject to subsections (f) and (g), the
amount awarded to each eligible institution listed in subsection
(b)(1) for a fiscal year shall be not less than $500,000.
``(4) Duration of grants.--A grant awarded under this section
shall be for a period of not more than six years, but may be
periodically renewed for a period to be determined by the
Secretary.
``(b) Institutional Eligibility.--
``(1) In general.--Institutions eligible for grants under
subsection (a) are the following:
``(A) Chicago State University.
``(B) Columbia Union College.
``(C) Long Island University, Brooklyn campus.
``(D) Robert Morris College.
``(E) York College, The City University of New York.
``(2) Qualified masters degree program.--
``(A) In general.--For the purposes of this section, the
term `qualified masters degree program' means a masters degree
program that provides a program of instruction in mathematics,
engineering, the physical or natural sciences, computer
science, information technology, nursing, allied health, or
other scientific disciplines in which African Americans are
underrepresented and has students enrolled in such program of
instruction at the time of application for a grant under this
section.
``(B) Enrollment exception.--Notwithstanding the enrollment
requirement contained in subparagraph (A), an institution may
use an amount equal to not more than 10 percent of the
institution's grant under this section for the development of a
new qualified masters degree program.
``(3) Institutional choice.--The president or chancellor of the
institution may decide which graduate school or qualified masters
degree program will receive funds under the grant in any one fiscal
year, if the allocation of funds among the schools or programs is
delineated in the application for funds submitted to the Secretary
under this section.
``(4) One grant per institution.--The Secretary shall not award
more than one grant under this section in any fiscal year to any
institution of higher education.
``(c) Application.--An eligible institution listed in subsection
(b)(1) desiring a grant under this section shall submit an application
at such time, in such manner, and containing such information as the
Secretary may require. The application shall--
``(1) demonstrate how the grant funds under this section will
be used to improve graduate educational opportunities for Black and
low-income students and lead to greater financial independence; and
``(2) provide, in the case of applications for grants in excess
of $1,000,000, the assurances required under subsection (a)(2) and
specify the manner in which the eligible institution is going to
pay the non-Federal share of the cost of the application.
``(d) Uses of Funds.--A grant under this section may be used for--
``(1) purchase, rental, or lease of scientific or laboratory
equipment for educational purposes, including instructional and
research purposes;
``(2) construction, maintenance, renovation, and improvement in
classroom, library, laboratory, 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) scholarships, fellowships, and other financial assistance
for needy graduate students to permit the enrollment of the
students in, and completion of, a masters degree in mathematics,
engineering, the physical or natural sciences, computer science,
information technology, nursing, allied health, or other scientific
disciplines in which African Americans are underrepresented;
``(5) establishing or improving a development office to
strengthen and increase contributions from alumni and the private
sector;
``(6) assisting in the establishment or maintenance of an
institutional endowment to facilitate financial independence
pursuant to section 331;
``(7) funds and administrative management, and the acquisition
of equipment, including software, for use in strengthening funds
management and management information systems;
``(8) acquisition of real property that is adjacent to the
campus in connection with the construction, renovation, or
improvement of, or an addition to, campus facilities;
``(9) education or financial information designed to improve
the financial literacy and economic literacy of students or the
students' families, especially with regard to student indebtedness
and student assistance programs under title IV;
``(10) tutoring, counseling, and student service programs
designed to improve academic success;
``(11) faculty professional development, faculty exchanges, and
faculty participation in professional conferences and meetings; and
``(12) other activities proposed in the application submitted
under subsection (c) that--
``(A) contribute to carrying out the purposes of this
section; and
``(B) are approved by the Secretary as part of the review
and acceptance of such application.
``(e) Interaction With Other Grant Programs.--No institution that
is eligible for and receives an award under section 326, 512, or 723
for a fiscal year shall be eligible to apply for a grant, or receive
grant funds, under this section for the same fiscal year.
``(f) Funding Rule.--Subject to subsection (g), of the amount
appropriated to carry out this section for any fiscal year--
``(1) the first $2,500,000 (or any lesser amount appropriated)
shall be available only for the purposes of making minimum grants
under subsection (a)(3) to eligible institutions listed in
subparagraphs (A) through (E) of subsection (b)(1), except that if
the amount appropriated is not sufficient to pay the minimum grant
awards to all such eligible institutions, the amount of the minimum
award to each such eligible institution shall be ratably reduced;
``(2) after the application of paragraph (1), an amount shall
be available for the purpose of making minimum grants under
subsection (a)(3) to eligible institutions described in subsection
(b)(1) that do not receive a grant under paragraph (1), if any,
except that if the amount appropriated is not sufficient to pay the
minimum grant awards to all such eligible institutions, the amount
of the minimum award to each such eligible institution shall be
ratably reduced; and
``(3) any amount in excess of $2,500,000 shall be made
available to each of the eligible institutions identified in
subparagraphs (A) through (E) of subsection (b)(1), pursuant to a
formula developed by the Secretary that uses the following
elements:
``(A) The ability of the institution to match Federal funds
with non-Federal funds.
``(B) The number of students enrolled in the qualified
masters degree program at the eligible institution in the
previous academic year.
``(C) The average cost of attendance per student, for all
full-time students enrolled in the qualified masters degree
program at such institution.
``(D) The number of students in the previous year who
received a degree in the qualified masters degree program at
such institution.
``(E) The contribution, on a percent basis, of the programs
for which the institution is eligible to receive funds under
this section to the total number of African Americans receiving
masters degrees in the disciplines related to the programs for
the previous year.
``(g) Hold Harmless Rule.--Notwithstanding paragraphs (2) and (3)
of subsection (f), no eligible institution identified in subsection
(b)(1) that receives a grant under this section for fiscal year 2009
and that is eligible to receive a grant in a subsequent fiscal year
shall receive a grant amount in any such subsequent fiscal year that is
less than the grant amount received for fiscal year 2009, unless--
``(1) the amount appropriated is not sufficient to provide such
grant amounts to all such institutions and programs that received
grants under this section for such fiscal year and that are
eligible to receive a grant in such subsequent fiscal year; or
``(2) the institution cannot provide sufficient matching funds
to meet the requirements of this section.
``SEC. 725. AUTHORIZATION OF APPROPRIATIONS.
``(a) Masters Degree Programs at Historically Black Colleges and
Universities.--There are authorized to be appropriated to carry out
section 723 such sums as may be necessary for fiscal year 2009 and each
of the five succeeding fiscal years.
``(b) Masters Degree Programs at Predominantly Black
Institutions.--There are authorized to be appropriated to carry out
section 724 such sums as may be necessary for fiscal year 2009 and each
of the five succeeding fiscal years.''.
SEC. 707. 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 striking paragraphs (1) through (3) and inserting the
following:
``(1) the encouragement of reform and improvement of, and
innovation in, postsecondary education and the provision of
educational opportunity for all students, including nontraditional
students;
``(2) the creation of institutions, programs, and joint efforts
involving paths to career and professional training, including--
``(A) efforts that provide academic credit for programs;
and
``(B) combinations of academic and experiential learning;
``(3) the establishment and continuation of institutions,
programs, consortia, collaborations, and other joint efforts based
on communications technology, including those efforts that utilize
distance education and technological advancements to educate and
train postsecondary students (including health professionals
serving medically underserved populations);'';
(2) by striking paragraph (6) and inserting the following:
``(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;'';
(3) in paragraph (7), by striking ``and'' after the semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following:
``(9) the introduction of reforms in remedial education,
including English language instruction, to customize remedial
courses to student goals and help students progress rapidly from
remedial courses into core courses and through postsecondary
program completion;
``(10) the provision of support and assistance to partnerships
between institutions of higher education and secondary schools with
a significant population of students identified as late-entering
limited English proficient students, to establish programs that--
``(A) result in increased secondary school graduation rates
of limited English proficient students; and
``(B) increase the number of participating late-entering
limited English proficient students who pursue postsecondary
education;
``(11) the creation of consortia that join diverse institutions
of higher education to design and offer curricular and cocurricular
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, midyear
seminars, and other educational activities that stress the
effects of poverty and how poverty can be alleviated
through different career paths;
``(12) 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
or were a ward of the court at any time before the age of 13,
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; and
``(13) the support of efforts to work with institutions of
higher education, and nonprofit organizations, 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.''.
(b) 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:
``(c) Center for Best Practices To Support Single Parent
Students.--
``(1) Program authorized.--The Secretary is authorized to award
one 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 four-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 (20 U.S.C. 1138) is further amended
by adding after subsection (c) (as added by subsection (b) of this
section) the following:
``(d) Prohibition.--
``(1) In general.--No funds made available under this part
shall be used to provide direct financial assistance in the form of
grants or scholarships to students who do not meet the requirements
of section 484(a).
``(2) Rule of construction.--Nothing in this subsection shall
be construed to prevent a student who does not meet the
requirements of section 484(a) from participating in programs
funded under this part.''.
(d) Priority.--Section 741 (20 U.S.C. 1138) is further amended by
adding after subsection (d) (as added by subsection (c) of this
section) the following:
``(e) Priority.--In making grants under this part to any
institution of higher education after the date of enactment of the
Higher Education Opportunity Act, the Secretary may give priority to
institutions that meet or exceed 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 the institution after
such date, except that this subsection shall not apply with respect to
barns or greenhouses or similar structures owned by the institution.''.
(e) Scholarship Program for Family Members of Veterans or Members
of the Military.--Section 741 (20 U.S.C. 1138) is further amended by
adding after subsection (e) (as added by subsection (d) of this
section) the following:
``(f) Scholarship Program for Family Members of Veterans or Members
of the Military.--
``(1) Authorization.--The Secretary shall enter into a contract
with a nonprofit organization with demonstrated success in carrying
out the activities described in this subsection to carry out a
program to provide postsecondary education scholarships for
eligible students.
``(2) Definition of eligible student.--In this subsection, the
term `eligible student' means an individual who is enrolled as a
full-time or part-time student at an institution of higher
education (as defined in section 102) and is--
``(A) a dependent student who is a child of--
``(i) an individual who is--
``(I) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(II) performing qualifying National Guard duty
during a war or other military operation or national
emergency (as defined in section 481); or
``(ii) a veteran who--
``(I) served or performed, as described in clause
(i), since September 11, 2001; and
``(II) died, or has been disabled, as a result of
such service or performance; or
``(B) an independent student who--
``(i) is a spouse of an individual who is--
``(I) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(II) performing qualifying National Guard duty
during a war or other military operation or national
emergency (as defined in section 481);
``(ii) was (at the time of death of the veteran) a
spouse of a veteran who--
``(I) served or performed, as described in clause
(i), since September 11, 2001; and
``(II) died as a result of such service or
performance; or
``(iii) is a spouse of a veteran who--
``(I) served or performed, as described in clause
(i), since September 11, 2001; and
``(II) has been disabled as a result of such
service or performance.
``(3) 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
award year shall be the lesser of $5,000, or the student's cost of
attendance (as defined in section 472).
``(5) Amounts for scholarships.--All of the amounts
appropriated to carry out this subsection for a fiscal year shall
be used for scholarships awarded under this subsection, except that
the nonprofit organization receiving a contract under this
subsection may use not more than one percent of such amounts for
the administrative costs of the contract.''.
(f) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended to read as follows:
``(c) Areas of National Need.--Areas of national need shall
include, at a minimum, the following:
``(1) Institutional restructuring to improve learning and
promote productivity, efficiency, quality improvement, and cost
reduction.
``(2) Improvements in academic instruction and student
learning, including efforts designed to assess the learning gains
made by postsecondary students.
``(3) Articulation between two- and four-year institutions of
higher education, including developing innovative methods for
ensuring the successful transfer of students from two- to four-year
institutions of higher education.
``(4) Development, evaluation, and dissemination of model
courses, including model courses that--
``(A) provide students with a broad and integrated
knowledge base;
``(B) include, at a minimum, broad survey courses in
English literature, American and world history, American
political institutions, economics, philosophy, college-level
mathematics, and the natural sciences; and
``(C) include study of a foreign language that leads to
reading and writing competency in the foreign language.
``(5) International cooperation and student exchanges among
postsecondary educational institutions.
``(6) Support 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--
``(A) understand the causes of, and remedies for, medical
error, medically induced patient injuries and complications,
and other defects in medical care;
``(B) engage effectively in personal and systemic efforts
to continually reduce medical harm; and
``(C) improve patient care and outcomes, as recommended by
the Institute of Medicine.''.
(g) Authorization of Appropriations for the Fund for the
Improvement of Postsecondary Education.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999'' and all
that follows through the period at the end and inserting ``such sums as
may be necessary for fiscal year 2009 and each of the five succeeding
fiscal years.''.
(h) Technical FIPSE Amendments.--Part B of title VII (20 U.S.C.
1138 et seq.) is further amended--
(1) in section 742 (20 U.S.C. 1138a)--
(A) in subsection (b)--
(i) by striking ``(b) Membership.--'' and all that
follows through ``The Secretary'' and inserting ``(b)
Membership.--The Secretary''; and
(ii) by striking paragraph (2);
(B) in subsection (c), by striking ``and the Director''
each place the term 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 the term appears and inserting
``Secretary''.
SEC. 708. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 709. PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A
QUALITY HIGHER EDUCATION.
Title VII (20 U.S.C. 1133 et seq.) is further amended--
(1) by redesignating section 771 (20 U.S.C. 1141) as section
781; and
(2) by striking part D of title VII (20 U.S.C. 1140 et seq.)
and inserting the following:
``PART D--PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY
HIGHER EDUCATION
``SEC. 760. DEFINITIONS.
``In this part:
``(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 intellectual
disabilities who are seeking to continue academic, career and
technical, and independent living instruction at an institution
of higher education in order to prepare for gainful employment;
``(C) includes an advising and curriculum structure; and
``(D) requires students with intellectual disabilities to
participate on not less than a half-time basis, as determined
by the institution, with such participation focusing on
academic components and occurring through one or more of the
following activities:
``(i) Regular enrollment in credit-bearing courses with
nondisabled students offered by the institution.
``(ii) Auditing or participating in courses with
nondisabled students offered by the institution for which
the student does not receive regular academic credit.
``(iii) Enrollment in noncredit-bearing, nondegree
courses with nondisabled students.
``(iv) Participation in internships or work-based
training in settings with nondisabled individuals.
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student--
``(A) with mental retardation or a cognitive impairment,
characterized by significant limitations in--
``(i) intellectual and cognitive functioning; and
``(ii) adaptive behavior as expressed in conceptual,
social, and practical adaptive skills; and
``(B) who is currently, or was formerly, eligible for a
free appropriate public education under the Individuals with
Disabilities Education Act.
``Subpart 1--Demonstration Projects to Support Postsecondary Faculty,
Staff, and Administrators in Educating Students With Disabilities
``SEC. 761. PURPOSE.
``It is the purpose of this subpart to support model demonstration
projects to provide technical assistance or professional development
for postsecondary faculty, staff, and administrators in institutions of
higher education to enable such faculty, staff, and administrators to
provide students with disabilities with a quality postsecondary
education.
``SEC. 762. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS
AUTHORIZED.
``(a) Competitive Grants, Contracts, and Cooperative Agreements
Authorized.--
``(1) In general.--From amounts appropriated under section 765,
the Secretary may award grants, contracts, and cooperative
agreements, on a competitive basis, to institutions of higher
education to enable the institutions to carry out the activities
under subsection (b).
``(2) Awards for professional development and technical
assistance.--Not less than two grants, contracts, cooperative
agreements, or a combination of such awards shall be awarded to
institutions of higher education that provide professional
development and technical assistance in order for students with
learning disabilities to receive a quality postsecondary education.
``(b) Duration; Activities.--
``(1) Duration.--A grant, contract, or cooperative agreement
under this subpart shall be awarded for a period of three years.
``(2) Authorized activities.--A grant, contract, or cooperative
agreement awarded under this subpart shall be used to carry out one
or more of the following activities:
``(A) Teaching methods and strategies.--The development of
innovative, effective, and efficient teaching methods and
strategies, consistent with the principles of universal design
for learning, to provide postsecondary faculty, staff, and
administrators with the skills and supports necessary to teach
and meet the academic and programmatic needs of students with
disabilities, in order to improve the retention of such
students in, and the completion by such students of,
postsecondary education. Such methods and strategies may
include in-service training, professional development,
customized and general technical assistance, workshops, summer
institutes, distance learning, and training in the use of
assistive and educational technology.
``(B) Effective transition practices.--The development of
innovative and effective teaching methods and strategies to
provide postsecondary faculty, staff, and administrators with
the skill and supports necessary to ensure the successful and
smooth transition of students with disabilities from secondary
school to postsecondary education.
``(C) Synthesizing research and information.--The synthesis
of research and other information related to the provision of
postsecondary educational services to students with
disabilities, including data on the impact of a postsecondary
education on subsequent employment of students with
disabilities. Such research, information, and data shall be
made publicly available and accessible.
``(D) Distance learning.--The development of innovative and
effective teaching methods and strategies to provide
postsecondary faculty, staff, and administrators with the
ability to provide accessible distance education programs or
classes that would enhance the access of students with
disabilities to postsecondary education, including the use of
accessible curricula and electronic communication for
instruction and advising.
``(E) Disability career pathways.--
``(i) In general.--The provision of information,
training, and technical assistance to secondary and
postsecondary faculty, staff, and administrators with
respect to disability-related fields that would enable such
faculty, staff, and administrators to--
``(I) encourage interest and participation in such
fields, among students with disabilities and other
students;
``(II) enhance awareness and understanding of such
fields among students with disabilities and other
students;
``(III) provide educational opportunities in such
fields for students with disabilities and other
students;
``(IV) teach practical skills related to such
fields to students with disabilities and other
students; and
``(V) offer work-based opportunities in such fields
to students with disabilities and other students.
``(ii) Development.--The training and support described
in subclauses (I) through (V) of clause (i) may include
offering students--
``(I) credit-bearing postsecondary-level
coursework; and
``(II) career and educational counseling.
``(F) Professional development and training sessions.--The
conduct of professional development and training sessions for
postsecondary faculty, staff, and administrators from other
institutions of higher education to enable such individuals to
meet the educational needs of students with disabilities.
``(G) Accessibility of education.--Making postsecondary
education more accessible to students with disabilities through
curriculum development, consistent with the principles of
universal design for learning.
``(3) Mandatory evaluation and dissemination.--An institution
of higher education awarded a grant, contract, or cooperative
agreement under this subpart shall evaluate and disseminate to
other institutions of higher education, the information obtained
through the activities described in subparagraphs (A) through (G)
of paragraph (2).
``(c) Considerations in Making Awards.--In awarding grants,
contracts, or cooperative agreements under this subpart, the Secretary
shall consider the following:
``(1) Geographic distribution.--Providing an equitable
geographic distribution of such awards.
``(2) Rural and urban areas.--Distributing such awards to urban
and rural areas.
``(3) 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.
``(4) Prior experience or exceptional programs.--Distributing
the awards to institutions of higher education with demonstrated
prior experience in, or exceptional programs for, meeting the
postsecondary educational needs of students with disabilities.
``(d) Reports.--
``(1) Initial report.--Not later than one year after the date
of enactment of the Higher Education Opportunity Act, the Secretary
shall prepare and submit to the authorizing committees, and make
available to the public, a report on all demonstration projects
awarded grants under this part for any of fiscal years 1999 through
2008, including a review of the activities and program performance
of such demonstration projects based on existing information as of
the date of the report.
``(2) Subsequent report.--Not later than three years after the
date of the first award of a grant under this subpart after the
date of enactment of the Higher Education Opportunity Act, the
Secretary shall prepare and submit to the authorizing committees,
and make available to the public, a report that--
``(A) reviews the activities and program performance of the
demonstration projects authorized under this subpart; and
``(B) provides guidance and recommendations on how
effective projects can be replicated.
``SEC. 763. APPLICATIONS.
``Each institution of higher education desiring to receive a grant,
contract, or cooperative agreement 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. Each
application shall include--
``(1) a description of the activities authorized under this
subpart that the institution proposes to carry out, and how such
institution plans to conduct such activities in order to further
the purpose of this subpart;
``(2) a description of how the institution consulted with a
broad range of people within the institution to develop activities
for which assistance is sought;
``(3) a description of how the institution will coordinate and
collaborate with the office that provides services to students with
disabilities within the institution; and
``(4) a description of the extent to which the institution will
work to replicate the research-based and best practices of
institutions of higher education with demonstrated effectiveness in
serving students with disabilities.
``SEC. 764. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to impose any
additional duty, obligation, or responsibility on an institution of
higher education or on the institution's faculty, administrators, or
staff than is required under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``SEC. 765. 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 five
succeeding fiscal years.
``Subpart 2--Transition Programs for Students With Intellectual
Disabilities Into Higher Education
``SEC. 766. PURPOSE.
``It is the purpose of this subpart to support model demonstration
programs that promote the successful transition of students with
intellectual disabilities into higher education.
``SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY
PROGRAMS FOR STUDENTS WITH INTELLECTUAL DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
769(a), the Secretary shall annually award grants, on a competitive
basis, to institutions of higher education (or consortia of
institutions of higher education), to enable the institutions or
consortia to create or expand high quality, inclusive model
comprehensive transition and postsecondary programs for students
with intellectual disabilities.
``(2) Administration.--The program under this section shall be
administered by the office in the Department that administers other
postsecondary education programs.
``(3) 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 Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(c) Award Basis.--In awarding grants under this section, the
Secretary shall--
``(1) provide for an equitable geographic distribution of such
grants;
``(2) provide grant funds for model comprehensive transition
and postsecondary programs for students with intellectual
disabilities that will serve areas that are underserved by programs
of this type; and
``(3) give preference to applications submitted under
subsection (b) that agree to incorporate into the model
comprehensive transition and postsecondary program for students
with intellectual disabilities carried out under the grant one or
more of the following elements:
``(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 the housing offered to
nondisabled students.
``(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.
``(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 skills, 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 777(b) in the evaluation of the model program;
``(6) partners with one or more local educational agencies to
support students with intellectual disabilities participating in
the model program who are still eligible for special education and
related services under the Individuals with Disabilities Education
Act, including the use of funds available under part B of such Act
to support the participation of such students in the model program;
``(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 (or
consortium) 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. Such matching funds may be provided in
cash or in-kind, and shall be in an amount of not less than 25 percent
of the amount of such costs.
``(f) Report.--Not later than five years after the date of the
first grant awarded under this section, the Secretary shall prepare and
disseminate a report to the authorizing committees and to the public
that--
``(1) reviews the activities of the model comprehensive
transition and postsecondary programs for students with
intellectual disabilities funded under this section; and
``(2) provides guidance and recommendations on how effective
model programs can be replicated.
``SEC. 768. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to reduce or expand--
``(1) the obligation of a State or local educational agency to
provide a free appropriate public education, as defined in section
602 of the Individuals with Disabilities Education Act; or
``(2) eligibility requirements under any Federal, State, or
local disability law, including the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.), or the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et
seq.).
``SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.
``(a) 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 five succeeding fiscal years.
``(b) Reservation of Funds.--For any fiscal year for which
appropriations are made for this subpart, the Secretary shall reserve
funds to enter into a cooperative agreement to establish the
coordinating center under section 777(b), in an amount that is--
``(1) not less than $240,000 for any year in which the amount
appropriated to carry out this subpart is $8,000,000 or less; or
``(2) equal to 3 percent of the amount appropriated to carry
out this subpart for any year in which such amount appropriated is
greater than $8,000,000.
``Subpart 3--Commission on Accessible Materials; Programs to Support
Improved Access to Materials
``SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY.
``In this subpart, the term `student with a print disability' means
a student with a disability who experiences barriers to accessing
instructional material in nonspecialized formats, including an
individual described in section 121(d)(2) of title 17, United States
Code.
``SEC. 772. 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 section referred to as the `Commission').
``(2) Membership.--
``(A) Total number of members.--The Commission shall
include not more than 19 members, who shall be appointed by the
Secretary in accordance with in subparagraphs (B) and (C).
``(B) Members of the commission.--The Commission members
shall include one representative from each of the following
categories:
``(i) The Office of Postsecondary Education of the
Department.
``(ii) The Office of Special Education and
Rehabilitative Services of the Department.
``(iii) The Office for Civil Rights of the Department.
``(iv) The Library of Congress National Digital
Information and Infrastructure Preservation Program
Copyright Working Group.
``(v) The Association on Higher Education and
Disability.
``(vi) The Association of American Publishers.
``(vii) The Association of American University Presses.
``(viii) The National Council on Disability.
``(ix) Recording for the Blind and Dyslexic.
``(x) National organizations representing individuals
with visual impairments.
``(xi) National organizations representing individuals
with learning disabilities.
``(C) Additional members of the commission.--The Commission
members shall include two representatives from each of the
following categories:
``(i) Staff from institutions of higher education with
demonstrated experience teaching or supporting students
with print disabilities, including representatives from
both two-year and four-year institutions of higher
education of different sizes.
``(ii) Producers of accessible materials, publishing
software, and supporting technologies in specialized
formats, such as Braille, audio or synthesized speech, and
digital media.
``(iii) Individuals with visual impairments, including
not less than one currently enrolled postsecondary student.
``(iv) Individuals with dyslexia or other learning
disabilities related to reading, including not less than
one currently enrolled postsecondary student.
``(D) Timing.--The Secretary shall appoint the members of
the Commission not later than 60 days after the Commission is
established under paragraph (1).
``(3) Chairperson and vice chairperson.--The Commission shall
select a chairperson and vice chairperson from among the members of
the Commission.
``(4) Meetings.--
``(A) In general.--The Commission shall meet at the call of
the Chairperson.
``(B) First meeting.--Not later than 60 days after the
appointment of the members of the Commission under paragraph
(2)(D), the Commission shall hold the Commission's first
meeting.
``(5) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.
``(b) Duties of the Commission.--
``(1) Study.--
``(A) In general.--The Commission shall conduct a
comprehensive study to--
``(i) assess the barriers and systemic issues that may
affect, and technical solutions available that may improve,
the timely delivery and quality of accessible instructional
materials for postsecondary students with print
disabilities, as well as the effective use of such
materials by faculty and staff; and
``(ii) make recommendations related to the development
of a comprehensive approach to improve the opportunities
for postsecondary students with print disabilities to
access instructional materials in specialized formats in a
timeframe comparable to the availability of instructional
materials for postsecondary nondisabled students.
``(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.
``(C) Recommendations.--
``(i) In general.--The Commission shall develop
recommendations--
``(I) to inform Federal regulations and
legislation;
``(II) to support the model demonstration programs
authorized under section 773;
``(III) to identify best practices in systems for
collecting, maintaining, processing, and disseminating
materials in specialized formats to students with print
disabilities at costs comparable to instructional
materials for postsecondary nondisabled students;
``(IV) to improve the effective use of such
materials by faculty and staff, while complying with
applicable copyright law; and
``(V) to modify the definitions of instructional
materials, authorized entities, and eligible students,
as such terms are used in applicable Federal law, for
the purpose of improving services to students with
disabilities.
``(ii) Considerations.--In developing the
recommendations under subparagraph (C), the Commission
shall consider--
``(I) how students with print disabilities may
obtain instructional materials in accessible formats--
``(aa) within a timeframe comparable to the
availability of instructional materials for
nondisabled students; and
``(bb) to the maximum extent practicable, at
costs comparable to the costs of such materials for
nondisabled students;
``(II) the feasibility and technical parameters of
establishing standardized electronic file formats, such
as the National Instructional Materials Accessibility
Standard as defined in section 674(e)(3) of the
Individuals with Disabilities Education Act, to be
provided by publishers of instructional materials to
producers of materials in specialized formats,
institutions of higher education, and eligible
students;
``(III) the feasibility of establishing 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 clearinghouse, repository, or network;
``(IV) the feasibility of establishing market-based
solutions involving collaborations among publishers of
instructional materials, producers of materials in
specialized formats, and institutions of higher
education;
``(V) solutions utilizing universal design; and
``(VI) solutions for low-incidence, high-cost
requests for instructional materials in specialized
formats.
``(2) Report.--Not later than one year after the Commission's
first meeting, the Commission shall submit a report to the
Secretary and the authorizing committees detailing the findings and
recommendations of the study conducted under paragraph (1).
``(3) Dissemination of information.--In carrying out the study
under paragraph (1), the Commission shall disseminate information
concerning the issues that are the subject of the study through--
``(A) the National Technical Assistance Center established
under subpart 4; and
``(B) other means, as determined by the Commission.
``(c) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which the
Commission submits the report under subsection (b)(2) to the Secretary
and the authorizing committees.
``SEC. 773. 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 for the purpose of encouraging the development
of systems to improve the quality of postsecondary instructional
materials in specialized formats and such materials' timely delivery to
postsecondary students with print disabilities, including systems to
improve efficiency and reduce duplicative efforts across multiple
institutions of higher education.
``(b) Definition of Eligible Partnership.--In this section, the
term `eligible partnership' means a partnership that--
``(1) shall include--
``(A) an institution of higher education with demonstrated
expertise in meeting the needs of students with print
disabilities, including the retention of such students in, and
such students' completion of, postsecondary education; and
``(B) a public or private entity, other than an institution
of higher education, with--
``(i) demonstrated expertise in developing accessible
instructional materials in specialized formats for
postsecondary students with print disabilities; and
``(ii) 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 instructional materials in specialized
formats; and
``(2) may include representatives of the publishing industry.
``(c) Program Authorized.--From amounts appropriated under section
775, the Secretary shall award grants or contracts, on a competitive
basis, to not less than one eligible partnership to enable the eligible
partnership to support the activities described in subsection (f) and,
as applicable, subsection (g).
``(d) Application.--An eligible partnership that desires a grant or
contract under this section shall submit an application at such time,
in such manner, and in such format as the Secretary may prescribe. The
application shall include information on how the eligible partnership
will implement activities under subsection (f) and, as applicable,
subsection (g).
``(e) Priority.--In awarding grants or contracts under this
section, the Secretary shall give priority to any applications that
include the development and implementation of the procedures and
approaches described in paragraphs (2) and (3) of subsection (g).
``(f) Required Activities.--An eligible partnership that receives a
grant or contract under this section shall use the grant or contract
funds to carry out the following:
``(1) Supporting the development and implementation of the
following:
``(A) Processes and systems to help identify, and verify
eligibility of, postsecondary students with print disabilities
in need of instructional materials in specialized formats.
``(B) Procedures and systems to facilitate and simplify
request methods for accessible instructional materials in
specialized formats from eligible students described in
subparagraph (A), which may include a single point-of-entry
system.
``(C) Procedures and systems to coordinate among
institutions of higher education, publishers of instructional
materials, and entities that produce materials in specialized
formats, to efficiently facilitate--
``(i) requests for such materials;
``(ii) the responses to such requests; and
``(iii) the delivery of such materials.
``(D) Delivery systems that will ensure the timely
provision of instructional materials in specialized formats to
eligible students, which may include electronic file
distribution.
``(E) Systems to reduce duplicative conversions and improve
sharing of the same instructional materials in specialized
formats for multiple eligible students at multiple institutions
of higher education.
``(F) Procedures to protect against copyright infringement
with respect to the development, use, and distribution of
instructional materials in specialized formats while
maintaining accessibility for eligible students, which may
include digital technologies such as watermarking,
fingerprinting, and other emerging approaches.
``(G) 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.
``(2) Providing recommendations on how effective procedures and
systems described in paragraph (1) may be disseminated and
implemented on a national basis.
``(g) Authorized Approaches.--An eligible partnership that receives
a grant or contract under this section may use the grant or contract
funds to support the development and implementation of the following:
``(1) Approaches for the provision of instructional materials
in specialized formats limited to instructional materials used in
smaller categories of postsecondary courses, such as introductory,
first-, and second-year courses.
``(2) Approaches supporting a unified search for instructional
materials in specialized formats across multiple databases or lists
of available materials.
``(3) Market-based approaches for making instructional
materials in specialized formats directly available to eligible
students at prices comparable to standard instructional materials.
``(h) Report.--Not later than three years after the date of the
first grant or contract awarded under this section, the Secretary shall
submit to the authorizing committees a report that includes--
``(1) the number of grants and contracts and the amount of
funds distributed under this section;
``(2) a summary of the purposes for which the grants and
contracts were provided and an evaluation of the progress made
under such grants and contracts;
``(3) a summary of the activities implemented under subsection
(f) and, as applicable, subsection (g), including data on the
number of postsecondary students with print disabilities 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.--The Secretary may, on the basis of the
reports under subsection (h) and section 772(b)(2) and any evaluations
of the projects funded under this section, expand the program under
this section to additional grant or contract recipients that use other
programmatic approaches and serve different geographic regions, if the
Secretary finds that the models used under this section--
``(1) are effective in improving the timely delivery and
quality of materials in specialized formats; and
``(2) provide adequate protections against copyright
infringement.
``SEC. 774. 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. 775. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--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 five succeeding fiscal years.
``(b) Priority.--For the first fiscal year for which funds are made
available under this section, the Secretary shall give priority to
allocating funding for the purposes of section 772.
``Subpart 4--National Technical Assistance Center; Coordinating Center
``SEC. 776. PURPOSE.
``It is the purpose of this subpart to provide technical assistance
and information on best and promising practices to students with
disabilities, the families of students with disabilities, and entities
awarded grants, contracts, or cooperative agreements under subpart 1,
2, or 3 to improve the postsecondary recruitment, transition,
retention, and completion rates of students with disabilities.
``SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING
CENTER.
``(a) National Center.--
``(1) In general.--From amounts appropriated under section 778,
the Secretary shall award a grant to, or enter into a contract or
cooperative agreement with, an eligible entity to provide for the
establishment and support of a National Center for Information and
Technical Support for Postsecondary Students with Disabilities (in
this subsection referred to as the `National Center'). The National
Center shall carry out the duties set forth in paragraph (4).
``(2) Administration.--The program under this section shall be
administered by the office in the Department that administers other
postsecondary education programs.
``(3) Eligible entity.--In this subpart, the term `eligible
entity' means an institution of higher education, a nonprofit
organization, or partnership of two or more such institutions or
organizations, with demonstrated expertise in--
``(A) supporting students with disabilities in
postsecondary education;
``(B) technical knowledge necessary for the dissemination
of information in accessible formats;
``(C) working with diverse types of institutions of higher
education, including community colleges; and
``(D) the subjects supported by the grants, contracts, or
cooperative agreements authorized in subparts 1, 2, and 3.
``(4) Duties.--The duties of the National Center shall include
the following:
``(A) Assistance to students and families.--The National
Center shall provide information and technical assistance to
students with disabilities and the families of students with
disabilities to support students across the broad spectrum of
disabilities, including--
``(i) information to assist individuals with
disabilities who are prospective students of an institution
of higher education in planning for postsecondary education
while the students are in secondary school;
``(ii) information and technical assistance provided to
individualized education program teams (as defined in
section 614(d)(1) of the Individuals with Disabilities
Education Act) for secondary school students with
disabilities, and to early outreach and student services
programs, including programs authorized under subparts 2,
4, and 5 of part A of title IV, to support students across
a broad spectrum of disabilities with the successful
transition to postsecondary education;
``(iii) research-based supports, services, and
accommodations which are available in postsecondary
settings, including services provided by other agencies
such as vocational rehabilitation;
``(iv) information on student mentoring and networking
opportunities for students with disabilities; and
``(v) effective recruitment and transition programs at
postsecondary educational institutions.
``(B) Assistance to institutions of higher education.--The
National 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--
``(i) collection and dissemination of best and
promising practices and materials for accommodating and
supporting students with disabilities, including practices
and materials supported by the grants, contracts, or
cooperative agreements authorized under subparts 1, 2, and
3;
``(ii) development and provision of training modules
for higher education faculty on exemplary practices for
accommodating and supporting postsecondary students with
disabilities across a range of academic fields, which may
include universal design for learning and practices
supported by the grants, contracts, or cooperative
agreements authorized under subparts 1, 2, and 3; and
``(iii) development of technology-based tutorials for
higher education faculty and staff, including new faculty
and graduate students, on best and promising practices
related to support and retention of students with
disabilities in postsecondary education.
``(C) Information collection and dissemination.--The
National 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. Such database shall be
available to the general public through a website built to high
technical standards of accessibility practicable for the broad
spectrum of individuals with disabilities. Such database and
website shall include available information on--
``(i) disability documentation requirements;
``(ii) support services available;
``(iii) links to financial aid;
``(iv) accommodations policies;
``(v) accessible instructional materials;
``(vi) other topics relevant to students with
disabilities; and
``(vii) the information in the report described in
subparagraph (E).
``(D) Disability support services.--The National Center
shall work with organizations and individuals with proven
expertise related to disability support services for
postsecondary students with disabilities to evaluate, improve,
and disseminate information related to the delivery of high
quality disability support services at institutions of higher
education.
``(E) Review and report.--Not later than three years after
the establishment of the National Center, and every two years
thereafter, the National Center shall prepare and disseminate a
report to the Secretary and the authorizing committees
analyzing the condition of postsecondary success for students
with disabilities. Such report shall include--
``(i) a review of the activities and the effectiveness
of the programs authorized under this part;
``(ii) annual enrollment and graduation rates of
students with disabilities in institutions of higher
education from publicly reported data;
``(iii) recommendations for effective postsecondary
supports and services for students with disabilities, and
how such supports and services may be widely implemented at
institutions of higher education;
``(iv) recommendations on reducing barriers to full
participation for students with disabilities in higher
education; and
``(v) a description of strategies with a demonstrated
record of effectiveness in improving the success of such
students in postsecondary education.
``(F) Staffing of the center.--In hiring employees of the
National Center, the National Center shall consider the
expertise and experience of prospective employees in providing
training and technical assistance to practitioners.
``(b) Coordinating Center.--
``(1) Definition of eligible entity.--In this subsection, the
term `eligible entity' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of--
``(A) higher education;
``(B) the education of students with intellectual
disabilities;
``(C) the development of comprehensive transition and
postsecondary programs for students with intellectual
disabilities; and
``(D) evaluation and technical assistance.
``(2) In general.--From amounts appropriated under section 778,
the Secretary shall enter into a cooperative agreement, on a
competitive basis, with an eligible entity for the purpose of
establishing a coordinating center for institutions of higher
education that offer inclusive comprehensive transition and
postsecondary programs for students with intellectual disabilities,
including institutions participating in grants authorized under
subpart 2, to provide--
``(A) recommendations related to the development of
standards for such programs;
``(B) technical assistance for such programs; and
``(C) evaluations for such programs.
``(3) Administration.--The program under this subsection shall
be administered by the office in the Department that administers
other postsecondary education programs.
``(4) Duration.--The Secretary shall enter into a cooperative
agreement under this subsection for a period of five years.
``(5) Requirements of cooperative agreement.--The eligible
entity entering into a cooperative agreement under this subsection
shall establish and maintain a coordinating center that shall--
``(A) serve as the technical assistance entity for all
comprehensive transition and postsecondary programs for
students with intellectual disabilities;
``(B) provide technical assistance regarding the
development, evaluation, and continuous improvement of such
programs;
``(C) develop an evaluation protocol for such programs that
includes qualitative and quantitative methodologies for
measuring student outcomes and program strengths in the areas
of academic enrichment, socialization, independent living, and
competitive or supported employment;
``(D) assist recipients of grants under subpart 2 in
efforts to award a meaningful credential to students with
intellectual disabilities upon the completion of such programs,
which credential shall take into consideration unique State
factors;
``(E) develop recommendations for the necessary components
of such programs, such as--
``(i) academic, vocational, social, and independent
living skills;
``(ii) evaluation of student progress;
``(iii) program administration and evaluation;
``(iv) student eligibility; and
``(v) 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;
``(F) analyze possible funding streams for such programs
and provide recommendations regarding the funding streams;
``(G) develop model memoranda of agreement for use between
or among institutions of higher education and State and local
agencies providing funding for such programs;
``(H) develop mechanisms for regular communication,
outreach and dissemination of information about comprehensive
transition and postsecondary programs for students with
intellectual disabilities under subpart 2 between or among such
programs and to families and prospective students;
``(I) host a meeting of all recipients of grants under
subpart 2 not less often than once each year; and
``(J) convene a workgroup to develop and recommend model
criteria, standards, and components of such programs as
described in subparagraph (E), that are appropriate for the
development of accreditation standards, which workgroup shall
include--
``(i) an expert in higher education;
``(ii) an expert in special education;
``(iii) a disability organization that represents
students with intellectual disabilities;
``(iv) a representative from the National Advisory
Committee on Institutional Quality and Integrity; and
``(v) a representative of a regional or national
accreditation agency or association.
``(6) Report.--Not later than five years after the date of the
establishment of the coordinating center under this subsection, the
coordinating center shall report to the Secretary, the authorizing
committees, and the National Advisory Committee on Institutional
Quality and Integrity on the recommendations of the workgroup
described in paragraph (5)(J).
``SEC. 778. 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 five
succeeding fiscal years.''.
SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS.
Section 781 (as redesignated by section 709(1)) (20 U.S.C. 1141) is
amended--
(1) in subsection (a), by striking the second sentence and
inserting the following: ``In addition to the amount authorized and
appropriated under the preceding sentence, 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 five succeeding
fiscal years.'';
(2) in subsection (b)(1), by inserting ``, subject to the
availability of appropriations,'' after ``the Secretary shall'';
and
(3) in subsection (e), by inserting after ``of this Act)'' the
following: ``, or those nonprofit organizations that have
agreements with the Secretary under section 435(j)''.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
further amended by adding at the end the following new title:
``TITLE VIII--ADDITIONAL PROGRAMS
``PART A--PROJECT GRAD
``SEC. 801. PROJECT GRAD.
``(a) Purposes.--The purposes of this section are--
``(1) to provide support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation, postsecondary program
attendance, and postsecondary completion rates for low-income
students; and
``(2) to promote the establishment of new programs to implement
such integrated education reform services.
``(b) Definitions.--In this section:
``(1) Low-income student.--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.
``(2) Feeder pattern.--The term `feeder pattern' means a
secondary school and the elementary schools and middle schools that
channel students into that secondary school.
``(c) Contract Authorized.--From the amount appropriated to carry
out this section, the Secretary is authorized to award a five-year
contract to Project GRAD USA (referred to in this section as the
`contractor'), a nonprofit education organization that has as its
primary purpose the improvement of secondary school graduation and
postsecondary attendance and completion rates for low-income students.
Such contract shall be used to carry out the requirements of subsection
(d) and to implement and sustain integrated education reform services
through subcontractor activities described in subsection (e)(3) at
existing Project GRAD program sites and to promote the expansion to new
sites.
``(d) Requirements of Contract.--The Secretary shall enter into an
agreement with the contractor that requires that the contractor shall--
``(1) enter into subcontracts with nonprofit educational
organizations that serve a substantial number or percentage of low-
income students (referred to in this subsection as
`subcontractors'), under which the subcontractors agree to
implement the Project GRAD programs described in subsection (e) 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
postsecondary access programs further described in subsection
(e)(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 activities--
``(i) to further articulate a program for one or more
grade levels and across grade levels;
``(ii) to tailor a program for a particular target
audience; and
``(iii) to 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 postsecondary
attendance rates for low-income students; and
``(F) other activities directly related to improving
secondary school graduation and postsecondary attendance and
completion rates for low-income students; and
``(3) use contract funds available under this section to pay--
``(A) the amount determined under subsection (f); and
``(B) costs associated with carrying out the activities and
providing the services, as provided in paragraph (2) of this
subsection.
``(e) Supported Programs.--
``(1) Designation.--The subcontractor programs referred to in
this subsection 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
contractor--
``(A) identify or establish not less than one feeder
pattern of public schools; and
``(B) provide the integrated educational reform services
described in paragraph (3) at each identified feeder pattern.
``(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 postsecondary access program that includes--
``(i) providing postsecondary scholarships for students
who meet established criteria;
``(ii) proven approaches for increasing student and
family postsecondary awareness; and
``(iii) assistance for students in applying for higher
education financial aid; and
``(D) such other services identified by the contractor as
necessary to increase secondary school graduation and
postsecondary attendance and completion rates.
``(f) Use of Funds.--Of the funds made available to carry out this
section, not more than five percent of such funds, or $4,000,000,
whichever is less, shall be used by the contractor to pay for
administration of the contract.
``(g) Contribution and Matching Requirement.--
``(1) In general.--The contractor shall provide to each
subcontractor an average of $200 for each student served by the
subcontractor in the Project GRAD program, adjusted to take into
consideration--
``(A) the resources or funds available in the area where
the subcontractor will implement the Project GRAD program; and
``(B) the need for the Project GRAD program in such area to
improve student outcomes, including reading and mathematics
achievement, secondary school graduation, and postsecondary
attendance and completion rates.
``(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 contractor. Such
matching funds may be provided in cash or in kind, fairly
evaluated.
``(3) Waiver authority.--The contractor may waive, in whole or
in part, the requirement of paragraph (2) for a subcontractor, if
the subcontractor--
``(A) demonstrates that the subcontractor would not
otherwise be able to participate in the program; and
``(B) enters into an agreement with the contractor with
respect to the amount to which the waiver will apply.
``(h) Evaluation.--
``(1) Evaluation by the secretary.--The Secretary shall select
an independent entity to evaluate, every three years, the
performance of students who participate in a Project GRAD program
under this section. The evaluation shall--
``(A) be conducted using a rigorous research design for
determining the effectiveness of the Project GRAD programs
funded under this section; and
``(B) compare reading and mathematics achievement,
secondary school graduation, and postsecondary attendance and
completion rates of students who participate in a Project GRAD
program funded under this section with those indicators for
students of similar backgrounds who do not participate in such
program.
``(2) Evaluation by contractor and subcontractors.--The
contractor 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 section that includes--
``(A) data on the reading and mathematics achievement of
students involved in the Project GRAD program;
``(B) data on secondary school graduation and postsecondary
attendance and completion rates; and
``(C) such financial reporting as required by the Secretary
to review the effectiveness and efficiency of the program.
``(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 authorizing committees.
``(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 five succeeding fiscal years.
``PART B--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM
``SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.
``(a) Program Authorized.--From the amounts appropriated under
subsection (f), the Secretary is authorized to award grants to States,
on a competitive basis, to enable the States to encourage students to
pursue a rigorous course of study, beginning in secondary school and
continuing through the students' postsecondary education, in science,
technology, engineering, mathematics, or a health-related field.
``(b) Applications.--
``(1) In general.--A State 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. A State may submit an application to receive a grant
under subsection (c) or (d), or both.
``(2) Contents of application.--Each application shall include
a description of--
``(A) the program or programs for which the State is
applying;
``(B) if applicable, the priority set by the Governor
pursuant to subsection (c)(4) or (d)(3); and
``(C) how the State will meet the requirements of
subsection (e).
``(c) Mathematics and Science Scholars Program.--
``(1) Grant for scholarships.--The Secretary shall award grants
under this subsection to provide scholarship support to eligible
students.
``(2) Eligible students.--A student is eligible for a
scholarship under this subsection if the student--
``(A) meets the requirements of section 484(a);
``(B) is a full-time student in the student's first year of
undergraduate study; and
``(C) has completed a rigorous secondary school curriculum
in mathematics and science.
``(3) Rigorous curriculum.--Each participating State shall
determine the requirements for a rigorous secondary school
curriculum in mathematics and science described in paragraph
(2)(C).
``(4) Priority for scholarships.--The Governor of a State may
set a priority for awarding scholarships under this subsection for
particular eligible students, such as students attending schools in
high-need local educational agencies (as defined in section 200),
students who are from groups underrepresented in the fields of
mathematics, science, and engineering, students served by local
educational agencies that do not meet or exceed State standards in
mathematics and science, or other high-need students.
``(5) Amount and duration of scholarship.--The Secretary shall
award a grant under this subsection to provide scholarships--
``(A) in an amount that does not exceed $5,000 per student;
and
``(B) for not more than one year of undergraduate study.
``(d) STEM or Health-Related Scholars Program.--
``(1) Grant for scholarships.--The Secretary shall award grants
under this subsection to provide scholarship support to eligible
students.
``(2) Eligible students.--A student is eligible for scholarship
under this subsection if the student--
``(A) meets the requirements of section 484(a);
``(B) is a full-time student who has completed at least the
first year of undergraduate study;
``(C) is enrolled in a program of undergraduate instruction
leading to a bachelor's degree with a major in science,
technology, engineering, mathematics, or a health-related
field; and
``(D) has obtained a cumulative grade point average of at
least a 3.0 (or the equivalent as determined under regulation
prescribed by the Secretary) at the end of the most recently
completed term.
``(3) Priority for scholarships.--The Governor of a State may
set a priority for awarding scholarships under this subsection for
students agreeing to work in areas of science, technology,
engineering, mathematics, or health-related fields.
``(4) Amount and duration of scholarship.--The Secretary shall
award a grant under this subsection to provide scholarships--
``(A) in an amount that does not exceed $5,000 per student
for an academic year; and
``(B) in an aggregate amount that does not exceed $20,000
per student.
``(e) Matching Requirement.--In order to receive a grant under this
section, a State shall provide matching funds for the scholarships
awarded under this section in an amount equal to 50 percent of the
Federal funds received.
``(f) Authorization.--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 five succeeding fiscal years.
``(g) Definition.--The term `Governor' means the chief executive
officer of a State.
``PART C--BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN
HIGH-GROWTH OCCUPATIONS OR INDUSTRIES
``SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING
IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES.
``(a) Purpose.--The purpose of this section is to provide grants to
institutions of higher education partnering with employers to--
``(1) provide relevant job skill training in high-growth and
high-wage industries or occupations to nontraditional students; and
``(2) strengthen ties between degree credit offerings at
institutions of higher education and business and industry
workforce needs.
``(b) Authorization.--
``(1) In general.--From the amounts appropriated under
subsection (k), the Secretary shall award grants, on a competitive
basis, to eligible partnerships for the purpose provided in
subsection (a).
``(2) Duration.--The Secretary shall award grants under this
section for a period of not less than 36 months and not more than
60 months.
``(3) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant, other
Federal, State, and local funds available to the eligible
partnership for carrying out the activities described in subsection
(c).
``(c) Use of Funds.--In consultation with all of the members of an
eligible partnership, grant funds provided under this section may be
used to--
``(1) expand or create for-credit academic programs or programs
of training that provide relevant job skill training for high-
growth and high-wage occupations or industries, including offerings
connected to registered apprenticeship programs and entrepreneurial
training opportunities;
``(2) in consultation with faculty in the appropriate
departments of an institution of higher education, adapt college
offerings to the schedules and needs of working students, such as
the creation of evening, weekend, modular, compressed, or distance
learning formats;
``(3) purchase equipment that will facilitate the development
of academic programs or programs of training that provide training
for high-growth and high-wage occupations or industries;
``(4) strengthen outreach efforts that enable students,
including students with limited English proficiency, to attend
institutions of higher education with academic programs or programs
of training focused on high-growth and high-wage occupations or
industries;
``(5) expand worksite learning and training opportunities,
including registered apprenticeships as appropriate; and
``(6) support other activities the Secretary determines to be
consistent with the purpose of this section.
``(d) Application.--
``(1) In general.--Each eligible partnership that desires a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
additional information as the Secretary may require.
``(2) Contents.--Each application submitted under paragraph (1)
shall include a description of--
``(A) how the eligible partnership, through the institution
of higher education, will provide relevant job skill training
for students to enter high-growth and high-wage occupations or
industries; and
``(B) how the eligible partnership has consulted with
employers and, where applicable, labor organizations to
identify local high-growth and high-wage occupations or
industries.
``(e) Award Basis.--In awarding grants under this section, the
Secretary shall--
``(1) give priority to applications focused on serving
nontraditional students;
``(2) ensure an equitable distribution of grant funds under
this section among urban and rural areas of the United States; and
``(3) take into consideration the capability of an institution
of higher education that is participating in an eligible
partnership to--
``(A) offer one- or two-year high-quality programs of
instruction and job skill training for students entering a
high-growth and high-wage occupation or industry;
``(B) involve the local business community, and to place
graduates in employment in high-growth and high-wage
occupations or industries in the community; and
``(C) serve adult workers or displaced workers.
``(f) Administrative Costs.--A grantee under this section may use
not more than five percent of the grant amount to pay administrative
costs associated with activities funded by the grant.
``(g) Technical Assistance.--The Secretary shall provide technical
assistance to grantees under this section throughout the grant period.
``(h) Evaluation.--The Secretary shall conduct an evaluation of the
effectiveness of the program under this section based on performance
standards developed in consultation with the Department of Labor, and
shall disseminate to the public the findings of such evaluation and
information related to promising practices developed under this
section.
``(i) Report to Congress.--Not later than 36 months after the first
grant is awarded under this section, the Comptroller General shall
report to the authorizing committees recommendations--
``(1) for changes to this Act and related Acts, such as the
Carl D. Perkins Career and Technical Education Act of 2006 and the
Workforce Investment Act of 1998 (including titles I and II), to
help create and sustain business and industry workforce
partnerships at institutions of higher education; and
``(2) for other changes to this Act and related Acts to
otherwise strengthen the links between business and industry
workforce needs, workforce development programs, and other degree
credit offerings at institutions of higher education.
``(j) Definitions.--In this section:
``(1) Eligible partnership.--
``(A) In general.--The term `eligible partnership' means a
partnership that includes--
``(i) one or more institutions of higher education, one
of which serves as the fiscal agent and grant recipient for
the eligible partnership;
``(ii) except as provided in subparagraph (B), an
employer, group of employers, local board (as such term is
defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)), or workforce intermediary, or any
combination thereof; and
``(iii) where applicable, one or more labor
organizations that represent workers locally in the
businesses or industries that are the focus of the
partnership, including as a result of such an
organization's representation of employees at a worksite at
which the partnership proposes to conduct activities under
this section.
``(B) State and local boards.--Notwithstanding subparagraph
(A), if an institution of higher education that is
participating in an eligible partnership under this section is
located in a State that does not operate local boards, an
eligible partnership may include a State board (as such term is
defined in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801)).
``(C) Rule of construction.--Nothing in this subsection
shall be construed to prohibit an eligible partnership that is
in existence on the date of enactment of the Higher Education
Opportunity Act from applying for a grant under this section.
``(2) Nontraditional student.--The term `nontraditional
student' means a student--
``(A) who is an independent student, as defined in section
480(d);
``(B) who attends an institution of higher education--
``(i) on less than a full-time basis;
``(ii) via evening, weekend, modular, or compressed
courses; or
``(iii) via distance education methods; and
``(C) who--
``(i) enrolled for the first time in an institution of
higher education three or more years after completing high
school; or
``(ii) works full-time.
``(k) 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 five succeeding fiscal years.
``PART D--CAPACITY FOR NURSING STUDENTS AND FACULTY
``SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY.
``(a) Authorization.--From the amounts appropriated under
subsection (f), the Secretary shall award grants to institutions of
higher education that offer--
``(1) an accredited registered 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 students in such program; or
``(2) an accredited graduate-level nursing program to
accommodate advanced practice degrees for registered nurses or to
accommodate students enrolled in such program to become 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 four 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 accredited associate, baccalaureate, or advanced
nursing degree programs at such institution for such academic
years;
``(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 accredited nursing programs determined under
paragraph (1); and
``(3) with respect to the partnerships described in subsection
(c)(2)(B), provide assurances that--
``(A) the individuals enrolled in the program will--
``(i) be registered nurses in pursuit of a master's or
doctoral degree in nursing; and
``(ii) have a contractual obligation with the hospital
or health facility that is in partnership with the
institution of higher education;
``(B) 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;
``(C) individuals enrolled in the program will--
``(i) 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
``(ii) 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
``(D) upon completion of the program, recipients of
scholarships described in subsection (c)(2)(B)(ii)(III) will be
required to teach for two years in an accredited school of
nursing for each year of support the individual received under
this section.
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after academic year
2009-2010, 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 by
which--
``(A) the number of matriculated nursing program students
at such institution for such academic year, exceeds
``(B) the average number determined with respect to such
institution under subsection (b)(1).
``(2) Distribution of grants among different degree programs.--
``(A) In general.--Subject to subparagraph (D), 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 accredited 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 accredited registered nurse
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 accredited registered nurse
programs at the associate degree level.
``(B) Optional uses of funds.--Grants awarded under this
section may be used to support partnerships with hospitals or
health facilities to--
``(i) improve the alignment between nursing education
and the emerging challenges of health care delivery by--
``(I) the purchase of distance learning
technologies and expanding methods of delivery of
instruction to include alternatives to onsite learning;
and
``(II) the collection, analysis, and dissemination
of data on educational outcomes and best practices
identified through the activities described in this
section; and
``(ii) ensure that students can earn a salary while
obtaining an advanced degree in nursing with the goal of
becoming nurse faculty by--
``(I) funding release time for qualified nurses
enrolled in the graduate nursing program;
``(II) providing for faculty salaries; or
``(III) providing scholarships to qualified nurses
in pursuit of an advanced degree with the goal of
becoming faculty members in an accredited nursing
program.
``(C) Considerations in making awards.--In awarding grants
under this section, the Secretary shall consider the following:
``(i) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(ii) Urban and rural areas.--Distributing such grants
to urban and rural areas.
``(iii) 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) 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
accredited nursing programs described in such clause, the
Secretary shall use equal amounts of the remaining funds to
award grants under this section to applicants that applied
under the other categories of nursing programs.
``(E) Limitation.--Of the amount appropriated to carry out
this section, the Secretary may award not more than ten percent
of such amount for the optional purposes under subparagraph
(B).
``(d) Definition.--For purposes of this section:
``(1) Health facility.--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.
``(2) Accredited.--The terms `accredited school of nursing' and
`accredited nursing program' have the meaning given those terms in
section 801 of the Public Health Service Act (42 U.S.C. 296).
``(e) Prohibition.--
``(1) In general.--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.
``(f) 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 five succeeding fiscal years.
``PART E--AMERICAN HISTORY FOR FREEDOM
``SEC. 805. AMERICAN HISTORY FOR FREEDOM.
``(a) Grants Authorized.--From the amounts appropriated under
subsection (f), the Secretary is authorized to award three-year grants,
on a competitive basis, to eligible institutions to establish or
strengthen postsecondary academic programs or centers that promote and
impart knowledge of--
``(1) traditional American history;
``(2) the history and nature of, and threats to, free
institutions; or
``(3) the history and achievements of Western civilization.
``(b) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible institution'
means an institution of higher education as defined in section 101.
``(2) Free institution.--The term `free institution' means an
institution that emerged out of Western civilization, such as
democracy, constitutional government, individual rights, market
economics, religious freedom and religious tolerance, and freedom
of thought and inquiry.
``(3) Traditional american history.--The term `traditional
American history' means--
``(A) the significant constitutional, political,
intellectual, economic, and foreign policy trends and issues
that have shaped the course of American history; and
``(B) the key episodes, turning points, and leading figures
involved in the constitutional, political, intellectual,
diplomatic, and economic history of the United States.
``(c) Application.--
``(1) In general.--Each eligible institution 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 reasonably require.
``(2) Contents.--Each application submitted under paragraph (1)
shall include a description of--
``(A) how funds made available under this section will be
used for the activities set forth under subsection (e),
including how such activities will increase knowledge with
respect to traditional American history, free institutions, or
Western civilization;
``(B) how the eligible institution will ensure that
information about the activities funded under this section is
widely disseminated pursuant to subsection (e)(1)(B);
``(C) any activities to be undertaken pursuant to
subsection (e)(2)(A), including identification of entities
intended to participate;
``(D) how funds made available under this section shall be
used to supplement and not supplant non-Federal funds available
for the activities described in subsection (e); and
``(E) such fiscal controls and accounting procedures as may
be necessary to ensure proper disbursement of and accounting
for funding made available to the eligible institution under
this section.
``(d) Award Basis.--In awarding grants under this section, the
Secretary shall take into consideration the capability of the eligible
institution to--
``(1) increase access to quality programming that expands
knowledge of traditional American history, free institutions, or
Western civilization;
``(2) involve personnel with strong expertise in traditional
American history, free institutions, or Western civilization; and
``(3) sustain the activities funded under this section after
the grant has expired.
``(e) Use of Funds.--
``(1) Required use of funds.--Funds provided under this section
shall be used to--
``(A) establish or strengthen academic programs or centers
focused on traditional American history, free institutions, or
Western civilization, which may include--
``(i) design and implementation of programs of study,
courses, lecture series, seminars, and symposia;
``(ii) development, publication, and dissemination of
instructional materials;
``(iii) research;
``(iv) support for faculty teaching in undergraduate
and, if applicable, graduate programs;
``(v) support for graduate and postgraduate
fellowships, if applicable; or
``(vi) teacher preparation initiatives that stress
content mastery regarding traditional American history,
free institutions, or Western civilization; and
``(B) conduct outreach activities to ensure that
information about the activities funded under this section is
widely disseminated--
``(i) to undergraduate students (including students
enrolled in teacher education programs, if applicable);
``(ii) to graduate students (including students
enrolled in teacher education programs, if applicable);
``(iii) to faculty;
``(iv) to local educational agencies; and
``(v) within the local community.
``(2) Allowable uses of funds.--Funds provided under this
section may be used to support--
``(A) collaboration with entities such as--
``(i) local educational agencies, for the purpose of
providing elementary and secondary school teachers an
opportunity to enhance their knowledge of traditional
American history, free institutions, or Western
civilization; and
``(ii) nonprofit organizations whose mission is
consistent with the purpose of this section, such as
academic organizations, museums, and libraries, for
assistance in carrying out activities described under
subsection (a); and
``(B) other activities that meet the purposes of this
section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2009 and each of the five succeeding
fiscal years.
``PART F--TEACH FOR AMERICA
``SEC. 806. TEACH FOR AMERICA.
``(a) Definitions.--For purposes of this section:
``(1) Grantee.--The term `grantee' means Teach For America,
Inc.
``(2) Highly qualified.--The term `highly qualified' has the
meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 or section 602 of the Individuals
with Disabilities Education Act.
``(3) High-need local educational agency.--The term `high-need
local educational agency' has the meaning given such term in
section 200.
``(b) Grants Authorized.--From the amounts appropriated under
subsection (f), the Secretary is authorized to award a five-year grant
to Teach For America, Inc., the national teacher corps of outstanding
recent college graduates who commit to teach for two 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 section 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 section
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 preservice training to such teachers
through a rigorous summer institute that includes hands-on
teaching experience and significant exposure to education
coursework 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 two 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 section to support activities related directly
to the recruitment, selection, training, and support of teachers as
described in subsection (b), except that funds may be used for non-
programmatic costs in accordance with subsection (f)(2).
``(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 section;
``(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 subsection
(f), the Secretary shall provide for a study that examines the
achievement levels of the students taught by the teachers
assisted under this section.
``(B) Student achievement gains compared.--The study shall
compare, within the same schools, the achievement gains made by
students taught by teachers who are assisted under this section
with the achievement gains made by students taught by teachers
who are not assisted under this section.
``(C) Requirements.--The Secretary shall provide for such a
study not less than once every three years, and each such study
shall include multiple placement sites and multiple schools
within placement sites.
``(D) 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
are practicing researchers and have expertise in assessment
systems, accountability, psychometric measurement and
statistics, and instruction.
``(3) Accounting, financial reporting, and internal control
systems.--
``(A) In general.--The grantee shall contract with an
independent auditor to conduct a comprehensive review of the
grantee's accounting, financial reporting, and internal control
systems. Such review shall assess whether that grantee's
accounting, financial reporting, and internal control systems
are designed to--
``(i) provide information that is complete, accurate,
and reliable;
``(ii) reasonably detect and prevent material
misstatements, as well as fraud, waste, and abuse; and
``(iii) provide information to demonstrate the
grantee's compliance with related Federal programs, as
applicable.
``(B) Review requirements.--Not later than 90 days after
the grantee receives funds to carry out this section for the
first fiscal year in which funds become available to carry out
this section after the date of enactment of the Higher
Education Opportunity Act, the independent auditor shall
complete the review required by this paragraph.
``(C) Report.--Not later than 120 days after the grantee
receives funds to carry out this section for the first fiscal
year in which funds become available to carry out this section
after the date of enactment of the Higher Education Opportunity
Act, the independent auditor shall submit a report to the
authorizing committees and the Secretary of the findings of the
review required under this paragraph, including any
recommendations of the independent auditor, as appropriate,
with respect to the grantee's accounting, financial reporting,
and internal control systems.
``(f) Authorization of Appropriations.--
``(1) In general.--The amount authorized to be appropriated to
carry out this section shall not exceed--
``(A) $20,000,000 for fiscal year 2009;
``(B) $25,000,000 for fiscal year 2010; and
``(C) such sums as may be necessary for each of the four
succeeding fiscal years.
``(2) Limitation.--The grantee shall not use more than 5
percent of Federal funds made available under this section for non-
programmatic costs to carry out this section.
``PART G--PATSY T. MINK FELLOWSHIP PROGRAM
``SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM.
``(a) Purpose; Designation.--
``(1) In general.--It is the purpose of this section to
provide, through eligible institutions, a program of fellowship
awards to assist highly qualified minorities and women to acquire
the doctoral degree, or highest possible degree available, in
academic areas in which such individuals are underrepresented for
the purpose of enabling such individuals to enter the higher
education professoriate.
``(2) Designation.--Each recipient of a fellowship award from
an eligible institution receiving a grant under this section shall
be known as a `Patsy T. Mink Graduate Fellow'.
``(b) Eligible Institution.--In this section, the term `eligible
institution' means an institution of higher education, or a consortium
of such institutions, that offers a program of postbaccalaureate study
leading to a graduate degree.
``(c) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--From the amounts appropriated under
subsection (f), the Secretary shall award grants to eligible
institutions to enable such institutions to make fellowship
awards to individuals in accordance with the provisions of this
section.
``(B) Priority consideration.--In awarding grants under
this section, the Secretary shall consider the eligible
institution's prior experience in producing doctoral degree, or
highest possible degree available, holders who are minorities
and women, and shall give priority consideration in making
grants under this section to those eligible institutions with a
demonstrated record of producing minorities and women who have
earned such degrees.
``(2) Applications.--
``(A) In general.--An eligible institution 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.
``(B) Applications made on behalf.--The following entities
may submit an application on behalf of an eligible institution:
``(i) A graduate school or department of such
institution.
``(ii) A graduate school or department of such
institution in collaboration with an undergraduate college
or school of such institution.
``(iii) An organizational unit within such institution
that offers a program of postbaccalaureate study leading to
a graduate degree, including an interdisciplinary or an
interdepartmental program.
``(C) Partnership.--In developing a grant application and
carrying out the grant activities authorized under this
section, an eligible institution may partner with a nonprofit
organization with a demonstrated record of helping minorities
and women earn postbaccalaureate degrees.
``(3) Selection of applications.--In awarding grants under
paragraph (1), the Secretary shall--
``(A) take into account--
``(i) the number and distribution of minority and
female faculty nationally;
``(ii) the current and projected need for highly
trained individuals in all areas of the higher education
professoriate; and
``(iii) the present and projected need for highly
trained individuals in academic career fields in which
minorities and women are underrepresented in the higher
education professoriate; and
``(B) consider the need to prepare a large 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 faculty.
``(4) Distribution and amounts of grants.--
``(A) Equitable distribution.--In awarding grants under
this section, the Secretary shall, to the maximum extent
feasible, ensure an equitable geographic distribution of awards
and an equitable distribution among public and private eligible
institutions that apply for grants under this section and that
demonstrate an ability to achieve the purpose of this section.
``(B) Special rule.--To the maximum extent practicable, the
Secretary shall use not less than 30 percent of the amount
appropriated pursuant to subsection (f) to award grants to
eligible institutions that are eligible for assistance under
title III or title V, or to consortia of eligible institutions
that include at least one eligible institution that is eligible
for assistance under title III or title V.
``(C) Allocation.--In awarding grants under this section,
the Secretary shall allocate appropriate funds to those
eligible institutions whose applications indicate an 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 section.
``(D) Number of fellowship awards.--An eligible institution
that receives a grant under this section shall make not less
than ten fellowship awards.
``(E) Insufficient funds.--If the amount appropriated is
not sufficient to permit all grantees under this section to
provide the minimum number of fellowships required by
subparagraph (D), the Secretary may, after awarding as many
grants to support the minimum number of fellowships as such
amount appropriated permits, award grants that do not require
the grantee to award the minimum number of fellowships required
by such subparagraph.
``(5) Institutional allowance.--
``(A) In general.--
``(i) Number of allowances.--In awarding grants under
this section, the Secretary shall pay to each eligible
institution awarded a grant, for each individual awarded a
fellowship by such institution under this section, an
institutional allowance.
``(ii) Amount.--Except as provided in subparagraph (C),
for academic year 2009-2010 and succeeding academic years,
an institutional allowance under this paragraph shall be in
an amount equal to the amount of institutional allowance
made to an institution of higher education under section
715 for such academic year.
``(B) Use of funds.--Institutional allowances may be
expended at the discretion of the eligible institution and may
be used to provide, except as prohibited under subparagraph
(D), academic support and career transition services for
individuals awarded fellowships by such institution.
``(C) Reduction.--The institutional allowance paid under
subparagraph (A) shall be reduced by the amount the eligible
institution charges and collects from a fellowship recipient
for tuition and other expenses as part of the recipient's
instructional program.
``(D) Use for overhead prohibited.--Funds made available
under this section may not be used for general operational
overhead of the academic department or institution receiving
funds under this section.
``(d) Fellowship Recipients.--
``(1) Authorization.--An eligible institution that receives a
grant under this section shall use the grant funds to make
fellowship awards to minorities and women who are enrolled at such
institution in a doctoral degree program, or program for the
highest possible degree available, and--
``(A) intend to pursue a career in instruction at--
``(i) an institution of higher education (as the term
is defined in section 101);
``(ii) an institution of higher education (as the term
is defined in section 102(a)(1)); and
``(iii) a proprietary institution of higher education
(as the term is defined in section 102(b)); and
``(B) sign an agreement with the Secretary agreeing--
``(i) to begin employment at an institution described
in subparagraph (A) not later than three years after
receiving the doctoral degree or highest possible degree
available, which three-year period may be extended by the
Secretary for extraordinary circumstances; and
``(ii) to be employed by such institution for one year
for each year of fellowship assistance received under this
section.
``(2) Repayment for failure to comply.--In the event that any
recipient of a fellowship under this section fails or refuses to
comply with the agreement signed pursuant to paragraph (1)(B), the
sum of the amounts of any fellowship received by such recipient
shall, upon a determination of such a failure or refusal to comply,
be treated as a Federal Direct Unsubsidized Stafford Loan under
part D of title IV, and shall be subject to repayment, together
with interest thereon accruing from the date of the grant award, in
accordance with terms and conditions specified by the Secretary in
regulations under this section.
``(3) Waiver and modification.--
``(A) Regulations.--The Secretary shall promulgate
regulations setting forth criteria to be considered in granting
a waiver for the service requirement under paragraph (1)(B).
``(B) Content.--The criteria under subparagraph (A) shall
include whether compliance with the service requirement by the
fellowship recipient would be--
``(i) inequitable and represent an extraordinary
hardship; or
``(ii) deemed impossible because the individual is
permanently and totally disabled at the time of the waiver
request.
``(4) Amount of fellowship awards.--Fellowship awards under
this section shall consist of a stipend in an amount equal to the
level of support provided to fellows under the National Science
Foundation Graduate Research Fellowship Program, except that such
stipend shall be adjusted as necessary so as not to exceed the
fellow's tuition and fees or demonstrated need (as determined by
the institution of higher education where the graduate student is
enrolled), whichever is greater.
``(5) Academic progress required.--An individual student shall
not be eligible to receive a fellowship award--
``(A) except during periods in which such student is
enrolled, and such student is maintaining satisfactory academic
progress in, and devoting essentially full time to, study or
research in the pursuit of the degree for which the fellowship
support was awarded; and
``(B) if the student is engaged in gainful employment,
other than part-time employment in teaching, research, or
similar activity determined by the eligible institution to be
consistent with and supportive of the student's progress toward
the appropriate degree.
``(e) Rule of Construction.--Nothing in this section shall be
construed to require an eligible institution that receives a grant
under this section--
``(1) to grant a preference to or to differentially treat any
applicant for a faculty position as a result of the institution's
participation in the program under this section; or
``(2) to hire a Patsy T. Mink Fellow who completes this program
and seeks employment at such institution.
``(f) 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 five succeeding fiscal years.
``PART H--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
``(a) In General.--From the amounts appropriated under subsection
(c), 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 postsecondary
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 five States with significant rural populations, each
serving a significant population of low-income students, and to
carry out a comprehensive assessment in the agencies and States of
the factors known to contribute to improved postsecondary education
enrollment rates, which factors shall include--
``(A) the local educational agency's and State's leadership
strategies and capacities;
``(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, guidance
counselors, and administrators in supporting the transition of
secondary students to postsecondary education;
``(D) secondary school student attendance and other factors
demonstrated to be associated with enrollment into
postsecondary education;
``(E) the use of data systems by the local educational
agency and the State to measure postsecondary education
enrollment rates and the incentives in place to motivate the
efforts of faculty and students to improve student and
schoolwide outcomes; and
``(F) strategies to mobilize student leaders to build a
college-bound culture; and
``(3) to provide comprehensive services to improve the
schoolwide postsecondary education enrollment rates of each of not
less than ten 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 postsecondary 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 schoolwide postsecondary 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 postsecondary education transition data management
system.
``(c) 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 five succeeding fiscal years.
``PART I--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER
TASK FORCE
``SEC. 811. PURPOSE.
``The purposes of this part are--
``(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, administrators, and faculty;
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, administrators, and faculty 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. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this part, the term `early childhood education program'
means--
``(1) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et seq.),
including a migrant or seasonal Head Start program or an Indian
Head Start program;
``(2) a State licensed or regulated child care program; or
``(3) a State prekindergarten program or a program authorized
under section 619 or part C of the Individuals with Disabilities
Education Act, that serves children from birth through age six and
that addresses the children's cognitive (including language, early
literacy, and pre-numeracy), social, emotional, and physical
development.
``SEC. 813. GRANTS AUTHORIZED.
``(a) In General.--From the amounts appropriated under section 818,
the Secretary is authorized to award grants to States in accordance
with the provisions of this part to enable such States--
``(1) to establish a State Task Force described in section 814;
and
``(2) to support activities of the State Task Force described
in section 815.
``(b) Competitive Basis.--Grants under this part shall be awarded
on a competitive basis.
``(c) Equitable Geographic Distribution.--In awarding grants under
this part, the Secretary shall take into consideration providing an
equitable geographic distribution of such grants.
``(d) Duration.--Grants under this part shall be awarded for a
period of five years.
``SEC. 814. STATE TASK FORCE ESTABLISHMENT.
``(a) State Task Force Established.--The Governor of a State
receiving a grant under this part shall establish, or designate an
existing entity to serve as, the State Early Childhood Education
Professional Development and Career Task Force (hereafter in this part
referred to as the `State Task Force').
``(b) Membership.--The State Task Force shall include a
representative of a State 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. 815. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with the State
Advisory Council on Early Care and Education (hereafter in this
part referred to as `State Advisory Council') or a similar State
entity charged with creating a comprehensive system of early care
and education in the State, 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 coursework;
``(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 students with
disabilities; 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 may include--
``(A) methods of providing outreach to early childhood
education program staff, directors, and administrators,
including methods for how outreach is provided to non-English
speaking providers, in order to enable the providers to be
aware of opportunities and resources under the statewide plan;
``(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 undergraduate and graduate education programs
leading to degrees in early childhood education by providing
assistance to pay the costs of enrollment in and completion of
such programs, which assistance--
``(i) shall only be provided to an individual who--
``(I) in the case of an individual pursuing an
undergraduate or graduate degree, 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 two- and
four-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 for postsecondary
education; and
``(iii) professional development and career advancement
in the field;
``(I) enhancing the capacity and quality of faculty and
coursework 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. 816. STATE APPLICATION AND REPORT.
``(a) In General.--Each State desiring a grant under this part
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 815;
``(4) the availability within the State of training, early
childhood 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 two years after
receiving a grant under this part, 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 section to
develop or expand the State's early childhood education
professional development and career activities;
``(2) the ways in which the State Advisory Council (or similar
State entity) 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 part and carry out the activities described in
section 815.
``SEC. 817. EVALUATIONS.
``(a) State Evaluation.--Each State receiving a grant under this
part shall--
``(1) evaluate the activities that are assisted under this part
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 815(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).
``SEC. 818. 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 five
succeeding fiscal years.
``PART J--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
``SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE
HAWAIIAN STUDENTS.
``(a) Purpose.--The purposes of this section are--
``(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 such term in section 7306 of the Elementary and Secondary
Education Act of 1965.
``(2) Eligible partnership.--The term `eligible partnership'
means a partnership that includes--
``(A) one or more colleges, schools, or departments of
engineering;
``(B) one or more colleges of science or mathematics;
``(C) one or more institutions of higher education that
offer two-year degrees; and
``(D) one 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 postsecondary education, 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) Institution of higher education.--The term `institution
of higher education' has the meaning given such term in section
101(a)
``(4) 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 section under subsection (i), 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 postsecondary education, including existing programs for Alaska
Native and Native Hawaiian students.
``(d) Uses of Funds.--Grant funds under this section shall be used
for one 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 purpose
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, on the
day before the date of enactment of the Higher Education Opportunity
Act, provides one 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 five 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 six months after the end of the grant period.
``(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 five succeeding fiscal years.
``PART K--PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND SUCCESS
``SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND
SUCCESS.
``(a) Grants Authorized.--From the amounts appropriated under
subsection (i), the Secretary is authorized to award grants in
accordance with this section, on a competitive basis, to eligible
institutions to enable the institutions to develop programs to increase
the persistence and success of low-income college students.
``(b) Applications.--
``(1) In general.--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. An eligible institution may submit an
application to receive a grant under subsection (c) or (d) or both.
``(2) Evaluation condition.--Each eligible institution seeking
a grant under this section shall agree to participate in the
evaluation described in subsection (f).
``(3) Priority for replication of evidence-based policies and
practices.--In awarding grants for the program under subsection
(d), 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
degree completion by low-income students or students in need of
developmental education.
``(c) Pilot Program To Increase Persistence and Success in
Community Colleges.--
``(1) Definitions.--In this subsection:
``(A) Eligible institution.--The term `eligible
institution' means an institution of higher education, as
defined in section 101, that provides a one- or two-year
program of study leading to a degree or certificate.
``(B) Eligible student.--The term `eligible student' means
a student who--
``(i) is eligible to receive assistance under section
401;
``(ii) is enrolled at least half-time;
``(iii) is not younger than age 19;
``(iv) is the parent of at least one dependent child,
which dependent child is age 18 or younger;
``(v) has a secondary school diploma or its recognized
equivalent; and
``(vi) does not have a degree or certificate from an
institution of higher education.
``(2) Uses of funds.--
``(A) Support.--The Secretary shall award grants under this
subsection to eligible institutions to enable such institutions
to provide additional monetary and nonmonetary support to
eligible students to enable the eligible students to maintain
enrollment and complete degree or certificate programs.
``(B) Required uses.--Each eligible institution receiving a
grant under this subsection shall use the grant funds--
``(i) to provide scholarships in accordance with
paragraph (3); and
``(ii) to provide counseling services in accordance
with paragraph (4) .
``(C) Allowable uses of funds.--Grant funds provided under
this subsection may be used--
``(i) to conduct outreach to make students aware of the
scholarships and counseling services available under this
subsection and to encourage the students to participate in
the program assisted under this subsection; and
``(ii) to provide incentives of $20 or less to
applicants who complete the process of applying for
assistance under this subsection, as compensation for the
student's time.
``(3) Scholarship requirements.--
``(A) In general.--Each scholarship awarded under this
subsection shall--
``(i) be awarded for one academic year consisting of
two semesters or the equivalent;
``(ii) require the student to maintain, during the
scholarship period, at least half-time enrollment and at
least a 2.0 grade point average or the equivalent;
``(iii) be awarded in the amount of $1,000 for each of
two semesters (prorated for quarters or other equivalents),
or $2,000 for an academic year;
``(iv) not exceed the student's cost of attendance, as
defined in section 472; and
``(v) be paid, for each of the two semesters, in
increments of--
``(I) $250 upon enrollment (prorated for quarters
or other equivalents);
``(II) $250 upon passing midterm examinations or
comparable assessments (prorated for quarters or other
equivalents); and
``(III) $500 upon passing courses (prorated for
quarters or other equivalents).
``(B) Number.--An eligible institution may award an
eligible student not more than two scholarships under this
subsection.
``(4) Counseling services.--
``(A) In general.--Each eligible institution receiving a
grant under this subsection shall use the grant funds to
provide students at the institution with a counseling staff
dedicated to students participating in the program under this
subsection. Each such counselor shall--
``(i) have a caseload of less than 125 students;
``(ii) use a proactive, team-oriented approach to
counseling;
``(iii) hold a minimum of two meetings with each
student each semester; and
``(iv) provide referrals to and follow-up with other
student services staff, including financial aid and career
services.
``(B) Counseling services availability.--The counseling
services provided under this subsection shall be available to
participating students during the daytime and evening hours.
``(d) Student Success Grant Pilot Program.--
``(1) Definitions.--
``(A) Eligible institution.--In this subsection, 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
subsection, an average of not less than 50 percent of the
institution's entering first-year students are assessed as
needing developmental courses to bring reading, writing, or
mathematics skills up to college level.
``(B) Eligible student.--In this subsection, the term
`eligible student' means a student who--
``(i) is eligible to receive assistance under section
401;
``(ii) is a first-year student at the time of entering
the program;
``(iii) is assessed as needing developmental education
to bring reading, writing, or mathematics skills up to
college level; and
``(iv) is selected by an eligible institution to
participate in the program.
``(2) Student success grant amount.--The Secretary shall award
grants under this subsection to eligible institutions in an amount
equal to $1,500 multiplied by the number of students the
institution selects to participate in the program in such year. An
institution shall not select more than 200 students to participate
in the program under this subsection during such year.
``(3) Required uses.--An eligible institution that receives a
grant under this subsection shall use the grant funds to assign a
student success coach to each first-year student participating in
the 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--
``(A) shall work with not more than 50 new students during
any academic period;
``(B) may be employees of academic departments, student
services offices, community-based organizations, or other
entities as determined appropriate by the institution; and
``(C) shall meet with each eligible student selected for
the program before registration for courses.
``(4) Allowable uses.--An eligible institution that receives a
grant under this subsection may use the grant funds to provide
services and program innovations for students participating in the
program, including the following:
``(A) College and career success courses provided at no
charge to participating students. 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.
``(B) Work-study jobs with private employers in the
students' fields of study.
``(C) Learning communities that ensure that students
participating in the program 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.
``(D) 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, or 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.
``(E) Instructional support, such as learning labs,
supplemental instruction, and tutoring.
``(F) Assistance with support services, such as child care
and transportation.
``(5) Required non-federal share.--Each institution
participating in the program under this subsection shall provide a
non-Federal share of 25 percent of the amount of grant to carry out
the activities of the program. The non-Federal share under this
subsection may be provided in cash or in kind.
``(e) Period of Grant.--The Secretary may award a grant under
subsection (c) or (d) of this section for a period of five years.
``(f) Technical Assistance and Evaluation.--
``(1) Contractor.--From the funds appropriated under this
section, the Secretary shall enter into a contract with one or more
private, nonprofit entities to provide technical assistance to
grantees and to conduct the evaluations required under paragraph
(3).
``(2) Evaluations.--The evaluations required under paragraph
(3) shall be conducted by entities that are capable of designing
and carrying out independent evaluations that identify the impact
of the activities carried out by eligible institutions under this
subpart on improving persistence and success of student
participants under this subpart.
``(3) Conduct of evaluations.--The Secretary shall conduct an
evaluation of the impact of the persistence and success grant
programs as follows:
``(A) Program to increase persistence in community
colleges.--The evaluation of the program under subsection (c)
shall be conducted using a random assignment research design
with the following requirements:
``(i) When students are recruited for the program, all
students will be told about the program and the evaluation.
``(ii) Baseline data will be collected from all
applicants for assistance under subsection (c).
``(iii) Students will be assigned randomly to two
groups, which will consist of--
``(I) a program group that will receive the
scholarship and the additional counseling services; and
``(II) a control group that will receive whatever
regular financial aid and counseling services are
available to all students at the institution of higher
education.
``(B) Student success grant program.--Eligible institutions
receiving a grant to carry out the program under subsection (d)
shall work with the evaluator to track persistence and
completion outcomes for students in such 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. The data shall be broken
down by gender, race, ethnicity, and age and the evaluator
shall assist institutions in analyzing these data to compare
program participants to comparable nonparticipants, using
statistical techniques to control for differences in the
groups.
``(g) Report.--The Secretary shall--
``(1) provide a report to the authorizing committees that
includes the evaluation and information on best practices and
lessons learned during the pilot programs described in this
section; and
``(2) disseminate the report to the public by making the report
available on the Department's website.
``(h) Supplement Not Supplant.--Funds made available under this
section shall be use to supplement and not supplant other Federal,
State, and local funds available to the institution to carrying out the
activities described in subsections (c) and (d).
``(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 five succeeding fiscal years. The
Secretary may use not more than two percent of the amounts appropriated
to provide the technical assistance and conduct the evaluations
required under subsection (f).
``PART L--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
``SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
``(a) Grants Authorized.--
``(1) In general.--From the amounts appropriated under
subsection (g), 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
and the Secretary of Homeland Security.
``(3) Duration.--The Secretary shall award each grant under
this section for a period of two years.
``(4) Limitation on institutions and consortia.--An institution
of higher education or consortium shall be eligible for only one
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.--An institution of higher education or
consortium that receives a grant under this section shall provide
the non-Federal share, which may be provided from 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 one 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 for 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) 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 five succeeding fiscal years.
``SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND
PRACTICES.
``The Secretary, in consultation with the Attorney General and the
Secretary of Homeland Security, shall continue to--
``(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. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY.
``The Secretary shall continue to coordinate with the Secretary of
Homeland Security and other appropriate agencies to develop and
maintain procedures to address the preparedness, response, and recovery
needs of institutions of higher education in the event of a natural or
manmade disaster with respect to which the President has declared a
major disaster or emergency (as such terms are defined in section 824).
``SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM.
``(a) Program Authorized.--The Secretary, in consultation with the
Secretary of Homeland Security, is authorized to establish an Education
Disaster and Emergency Relief Loan Program for institutions of higher
education impacted by a major disaster or emergency declared by the
President.
``(b) Use of Assistance.--The Secretary shall, subject to the
availability of appropriations, provide loans under this section to
institutions of higher education after the declaration of a major
disaster or emergency by the President. Loan funds provided under this
section may be used for construction, replacement, renovation, and
operations costs resulting from a major disaster or emergency declared
by the President.
``(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 declared by the President,
and the monetary amount of such losses;
``(2) demonstrate that the institution had appropriate
insurance policies prior to the major disaster or emergency and
filed claims, as appropriate, related to the major disaster or
emergency; and
``(3) demonstrate that the institution attempted to minimize
the cost of any losses by pursuing collateral source compensation
from the Federal Emergency Management Agency 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 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 major disaster or
emergency declared by the President, 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.--Prior to disbursing any loans
under this section, the Secretary shall prescribe regulations that
establish the Education Disaster and Emergency Relief Loan Program,
including--
``(1) terms for the loan program;
``(2) procedures for an application for a loan;
``(3) minimum requirements for the loan program and for
receiving a loan, including--
``(A) online forms to be used in submitting request for a
loan;
``(B) information to be included in such forms; and
``(C) procedures to assist in filing and pursing a loan;
and
``(4) any other terms and conditions the Secretary may
prescribe after taking into consideration the structure of other
existing capital financing loan programs under this Act.
``(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; and
``(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. 2808).
``(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 (42 U.S.C. 5122(1)).
``(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 (42 U.S.C. 5122(2)).
``(h) Effective Date.--Loans provided to institutions of higher
education pursuant to this section shall be available only with respect
to major disasters or emergencies declared by the President that occur
after the date of the enactment of the Higher Education Opportunity
Act, except that loans may be provided pursuant to this section to an
institution affected by a Gulf hurricane disaster with respect to such
disaster.
``(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 five succeeding fiscal years.
``SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT
SAFETY.
``(a) Guidance.--The Secretary shall continue to 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 section 444 of the General Education
Provisions Act (the Family Educational Rights and Privacy Act of 1974)
shall not be liable to any person for that disclosure.
``(b) Information to Congress.--The Secretary shall provide an
update to the authorizing committees on the Secretary's activities
under subsection (a) not later than 180 days after the date of
enactment of the Higher Education Opportunity Act.
``SEC. 826. RULE OF CONSTRUCTION.
``Nothing in this part 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 section 444 of the General Education Provisions
Act (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).
``PART M--LOW TUITION
``SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION.
``(a) Rewards for Low Tuition.--
``(1) Grants.--From funds made available under subsection (e),
the Secretary shall award grants to institutions of higher
education that, for academic year 2009-2010 or any succeeding
academic year--
``(A) have an annual tuition and fee increase, expressed as
a percentage change, for the most recent academic year for
which satisfactory data is available, that is in the lowest 20
percent of such increases for each category described in
subsection (b);
``(B) are public institutions of higher education that have
tuition and fees that are in the lowest quartile of for
institutions in each category described in subsection (b)(1),
(b)(4), or (b)(7); or
``(C) are public institutions of higher education that have
a tuition and fee increase of less than $600 for a first-time,
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) Categories of Institutions.--The categories of institutions
described in subsection (a) shall be the following:
``(1) four-year public institutions of higher education;
``(2) four-year private, nonprofit institutions of higher
education;
``(3) four-year private, for-profit institutions of higher
education;
``(4) two-year public institutions of higher education;
``(5) two-year private, nonprofit institutions of higher
education;
``(6) two-year private, for-profit institutions of higher
education;
``(7) less than two-year public institutions of higher
education;
``(8) less than two-year private, nonprofit institutions of
higher education; and
``(9) less than two-year private, for-profit institutions of
higher education.
``(c) 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) Four-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 and fees are in the lowest quartile of
institutions in the same category as described under subsection
(b); 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, 2009, and for each of
the four succeeding continuous academic years, the tuition and
fees charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education,
$600 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 the student first enrolled
in the institution of higher education, plus
``(II) the percentage change in tuition and fees at
the institution for the three most recent academic
years for which data is available, multiplied by the
amount determined under subclause (I).
``(3) Less-than four-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 institutions
in the same category as described under subsection (b); 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, 2009, and for each of
the 1.5 succeeding continuous academic years, the tuition and
fees charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education,
$600 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 the student first enrolled
in the institution of higher education, plus
``(II) the percentage change in tuition and fees at
the institution for the three most recent academic
years for which data is available, multiplied by the
amount determined under subclause (I).
``(d) Definitions.--In this section, the terms `tuition and fees'
and `net price' have the meaning given to such terms in section 132 of
this Act.
``(e) Authorization.--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 five succeeding fiscal years.
``PART N--COOPERATIVE EDUCATION
``SEC. 831. STATEMENT OF PURPOSE; DEFINITION.
``(a) Purpose.--It is the purpose of this part to award grants to
institutions of higher education or consortia of such institutions to
encourage such institutions to develop and make available to their
students 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. 832. RESERVATIONS.
``(a) Reservations.--Of the amount appropriated to carry out this
part in each fiscal year--
``(1) not less than 50 percent shall be available for awarding
grants to institutions of higher education and consortia of such
institutions described in section 833(a)(1)(A) for cooperative
education under section 833;
``(2) not less than 25 percent shall be available for awarding
grants to institutions of higher education described in section
833(a)(1)(B) for cooperative education under section 833;
``(3) not to exceed 11 percent shall be available for
demonstration projects under paragraph (1) of section 834(a);
``(4) not to exceed 11 percent shall be available for training
and resource centers under paragraph (2) of section 834(a); and
``(5) not to exceed 3 percent shall be available for research
under paragraph (3) of section 834(a).
``(b) Availability of Appropriations.--Amounts appropriated under
this part shall not be used for the payment of compensation of students
for employment by employers participating in a program under this part.
``SEC. 833. GRANTS FOR COOPERATIVE EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized, from the amount
available to carry out this section under section 835 in each
fiscal year and in accordance with the provisions of this part--
``(A) to award grants to institutions of higher education
or consortia of such institutions that have not received a
grant under this paragraph in the ten-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 consortia 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 Federal share of 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
consortia 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 that bears the same ratio to the amount reserved
pursuant to section 832(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 834 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 that 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 that 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 subparagraphs (A) and (B) of paragraph (1) to the same
institution of higher education or consortia of such institution in
any one fiscal year.
``(5) Uses.--Grants awarded under paragraph (1)(B) shall be
used exclusively--
``(A) to expand the quality of and participation in a
cooperative education program;
``(B) for outreach to potential participants in new
curricular areas; and
``(C) for outreach to potential participants including
underrepresented and nontraditional populations.
``(b) Applications.--Each institution of higher education or
consortium 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 amount of grant funds to be used for
such program or activities;
``(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 that assures, that the applicant will continue the
cooperative education program beyond the five-year period of
Federal assistance described in subsection (c)(1) at a level that
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 two-year program that 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 satisfactorily
met the needs of 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 ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under this
part;
``(11) demonstrate a commitment to serving 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
consortium of such institutions--
``(A) a grant pursuant to subsection (a)(1)(A) for more
than five fiscal years; or
``(B) a grant pursuant to subsection (a)(1)(B) for more
than five fiscal years.
``(2) Federal share.--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.--Notwithstanding any other provision of
law, the Secretary may not waive the provisions of paragraphs (1)
and (2).
``(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 consortia of
such institutions for programs that show the greatest promise of
success because of--
``(A) the extent to which programs in the academic
discipline with respect to which the application is made have
satisfactorily met the needs of public and private sector
employers;
``(B) the strength of the commitment of the institution of
higher education or consortium of such institutions to
cooperative education as demonstrated by the plans and
formalized institutional commitment statement which such
institution or consortium has made to continue the program
after the termination of Federal financial assistance;
``(C) the extent to which the institution or consortium of
institutions is committed to extending cooperative education
for 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 consortia of such institutions that
demonstrate a commitment to serving underserved populations
attending such institutions.
``SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND
RESOURCE CENTERS; AND RESEARCH.
``(a) Authorization.--From the amounts appropriated under section
835, 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 832(a)(3), for the conduct of demonstration projects
designed to demonstrate or determine the effectiveness of
innovative methods of cooperative education;
``(2) from the amounts available in each fiscal year under
section 832(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) provide 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 that
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 832(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 consortia 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 contribute to the objectives of this
section.
``(2) Limitation.--
``(A) Contracts with institutions of higher education.--The
Secretary may use not more than three percent of the amount
appropriated to carry out this section in each fiscal year to
enter into contracts described in paragraph (1)(A).
``(B) Contracts with other agencies or organizations.--The
Secretary may use not more than three 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 to supplement funds
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.
``SEC. 835. 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 five
succeeding fiscal years.
``PART O--COLLEGE PARTNERSHIP GRANTS
``SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated to carry out
this section, 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 has employed strategies
described in section 486A(d); or
``(2) include--
``(A) one or more junior or community colleges (as defined
by section 312(f)) that award associate's degrees; and
``(B) one 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) 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.
``(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 five succeeding fiscal years.
``PART P--JOBS TO CAREERS
``SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
``(a) Purpose.--The purpose of this section is to provide grants on
a competitive basis to institutions of higher education for the purpose
of improving developmental education to help students move more rapidly
into for-credit occupational courses and into better jobs that may
require a certificate or degree.
``(b) Authorization of Program.--From amounts appropriated to carry
out this section, the Secretary shall award grants, on a competitive
basis, to institutions of higher education, as defined in section
101(a), to create workforce bridge programs between developmental
courses and for-credit courses in occupational certificate programs
that are articulated to degree programs. Such workforce bridge programs
shall focus on--
``(1) improving developmental education, including English
language instruction, by customizing developmental education to
student career goals; and
``(2) helping students move rapidly from developmental
coursework into for-credit occupational courses and through program
completion.
``(c) Application.--An institution of higher education 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 reasonably require.
``(d) 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.
``(e) Required Activity.--An institution of higher education that
receives a grant under this section shall use the grant funds to create
workforce bridge programs to customize developmental education
curricula, including English language instruction, to reflect the
content of for-credit occupational certificate or degree programs, or
clusters of such programs, in which developmental education students
are enrolled or plan to enroll. Such workforce bridge programs shall
integrate the curricula and the instruction of the developmental and
college-level coursework.
``(f) Permissible Activities.--An institution of higher education
that receives a grant under this section may use the grant funds to
carry out one or more of the following activities:
``(1) Designing and implementing innovative ways to improve
retention in and completion of developmental education courses,
including enrolling students in cohorts, accelerating course
content, 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, reconfiguring courses offered on-site during standard
academic terms for modular, compressed, or other alternative
schedules, or for distance-learning formats, to meet the needs of
working adults.
``(3) Developing counseling strategies that address the needs
of students in remedial education courses, and including counseling
students on career options and the range of programs available,
such as certificate programs that are articulated to degree
programs and programs designed to facilitate transfer to four-year
institutions of higher education.
``(4) Improving the quality of teaching in remedial courses
through professional development, reclassification of such teaching
positions, or other means the institution of higher education
determines appropriate.
``(5) Any other activities the institution of higher education
and the Secretary determine will promote retention of, and
completion by, students attending institutions of higher education.
``(g) Grant Period.--Grants made under this section shall be for a
period of not less than three years and not more than five years.
``(h) Technical Assistance.--The Secretary shall provide technical
assistance to recipients of, and applicants for, grants under this
section.
``(i) Report and Summary.--Each institution of higher education
that receives a grant under this section shall report to the Secretary
on the effectiveness of the program in enabling students to move
rapidly from developmental coursework into for-credit occupational
courses and through program completion. The Secretary shall summarize
the reports, identify best practices, and disseminate the information
from such summary and identification to the public.
``(j) Authorization of Appropriations.--There are authorized to
carry out this section such sums as may be necessary for fiscal year
2009 and each of the five succeeding fiscal years.
``PART Q--RURAL DEVELOPMENT GRANTS FOR RURAL-SERVING COLLEGES AND
UNIVERSITIES
``SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER
EDUCATION.
``(a) Purposes.--The purposes of this section are--
``(1) to increase enrollment and graduation rates of secondary
school graduates and nontraditional students from rural areas at
two-year and four-year institutions of higher education, and their
articulation from two-year degree programs into four-year degree
programs; and
``(2) to promote economic growth and development in rural
America through partnership grants to consortia of rural-serving
institutions of higher education, local educational agencies, and
regional employers.
``(b) Definitions.--For the purposes of this section:
``(1) Rural-serving institution of higher education.--The term
`rural-serving 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 that is
defined, identified, or otherwise recognized as rural by a
governmental agency of the State in which the area is located.
``(3) Nontraditional student.--The term `nontraditional
student' means an individual who--
``(A) delays enrollment in an institution of higher
education by three or more years after secondary school
graduation;
``(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, as defined in section
480;
``(iii) has one or more dependents other than a spouse;
``(iv) is a single parent; or
``(v) does not have a secondary school diploma or the
recognized equivalent of such a diploma.
``(4) Regional employer.--The term `regional employer' means an
employer within a rural area.
``(c) Partnership.--
``(1) Required partners.--A rural-serving institution of higher
education, or a consortium of rural-serving institutions of higher
education, that receives a grant under this section shall carry out
the activities of the grant in partnership with--
``(A) one or more local educational agencies serving a
rural area; and
``(B) one or more regional employers or local boards (as
such term is defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801)) serving a rural area.
``(2) Optional partners.--A rural-serving institution of higher
education, or a consortium of rural-serving institutions of higher
education, that receives a grant under this section, may carry out
the activities of the grant in partnership with--
``(A) an educational service agency (as defined in section
9101 of the Elementary and Secondary Education Act of 1965); or
``(B) a nonprofit organization with demonstrated expertise
in rural education at the secondary and postsecondary levels.
``(d) Grants Authorized.--
``(1) In general.--From amounts made available under subsection
(g), the Secretary is authorized to award grants, on a competitive
basis, to eligible rural-serving institutions of higher education
or a consortium of such institutions, to carry out the activities
described in subsection (f).
``(2) Duration.--A grant awarded under this section shall be
awarded for a period not to exceed three years.
``(3) Maximum and minimum grants.--No grant awarded under this
section shall be less than $200,000.
``(4) Special considerations.--In awarding grants under this
section, the Secretary shall give special consideration to
applications that demonstrate the most potential and propose the
most promising and innovative approaches for--
``(A) increasing the percentage of graduates of rural
secondary schools attending rural-serving institutions of
higher education;
``(B) meeting the employment needs of regional employers
with graduates of rural-serving institutions of higher
education; and
``(C) improving the health of the regional economy of a
rural area through a partnership of local educational agencies
serving the rural area, rural-serving institutions of higher
education, and regional employers.
``(5) Limitation.--A rural-serving institution of higher
education shall not receive more than one grant under this section.
``(e) Applications.--Each rural-serving institution of higher
education desiring a grant under this section shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may reasonably require.
``(f) Required Use of Funds.--A rural-serving institution of higher
education that receives a grant under this section shall use grant
funds for at least three of the following four purposes:
``(1) To improve postsecondary enrollment rates for rural
secondary school students at rural-serving institutions of higher
education, which may include--
``(A) programs to provide students and families with
counseling related to applying for postsecondary education, and
Federal and State financial assistance for postsecondary
education;
``(B) programs that provide students and families of rural
high schools access and exposure to campuses, classes,
programs, and internships of rural-serving institutions of
higher education, including covering the cost of transportation
to and from such institutions; and
``(C) other initiatives that assist students and families
in applying for and developing interest in attending rural-
serving institutions of higher education.
``(2) To increase enrollment rates of nontraditional students
in degree programs at rural-serving institutions of higher
education, which may include--
``(A) programs to provide nontraditional students with
counseling related to applying for postsecondary education, and
Federal and State financial assistance for postsecondary
education;
``(B) community outreach initiatives to encourage
nontraditional students to enroll in a rural-serving
institution of higher education; and
``(C) programs to improve the enrollment of nontraditional
students in two-year degree programs and the transition of
nontraditional students articulating from two-year degree
programs to four-year degree programs.
``(3) To create or strengthen academic programs at rural-
serving institutions of higher education to prepare graduates to
enter into high-need occupations in the regional and local
economies.
``(4) To provide additional career training to students of
rural-serving institutions of higher education in fields relevant
to the regional economy.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as many be necessary
for fiscal year 2009 and each of the five succeeding fiscal years.
``PART R--CAMPUS-BASED DIGITAL THEFT PREVENTION
``SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION.
``(a) Program Authority.--From the amounts appropriated under
subsection (d), 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
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.
``(b) Awards.--Grants and contracts shall be awarded under this
section on a competitive basis.
``(c) Applications.--An institution of higher education or a
consortium of such institutions that desires to receive a grant or
contract under this section 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.
``(d) 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 five succeeding fiscal years.
``PART S--TRAINING FOR REALTIME WRITERS
``SEC. 872. 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 section, the Secretary shall award grants, on a competitive
basis, to eligible entities under paragraph (2) 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 section, an
eligible entity is a court reporting program that--
``(A) has a curriculum capable of training realtime writers
qualified to provide captioning services;
``(B) is accredited by an accrediting agency or association
recognized by the Secretary; 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 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
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 up to five years.
``(5) Maximum amount of grant.--The amount of a grant provided
under this subsection to an eligible entity may not exceed
$1,500,000 for the period of the grant.
``(b) Application.--
``(1) In general.--To receive a grant under subsection (a), an
eligible entity shall submit an application to the Secretary 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 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 boards (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)) 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, on 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 curricula to more effectively train individuals in
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 providing 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 the
purposes described in this paragraph.
``(2) Scholarships.--
``(A) Amount.--The amount of a scholarship under paragraph
(1)(B) shall be based on the amount of need of the scholarship
recipient 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) for
the amount of the scholarship received.
``(C) Coursework and employment.--The Secretary 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. The Secretary may waive, in whole or in part, the
requirements for repayment of scholarship amounts on the basis
of economic conditions which may affect the ability 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 five percent of the grant amount
to pay administrative costs associated with activities funded by
the grant. The Secretary shall use not more than five percent of
the amount available for grants under this section in any fiscal
year for administrative costs of the program.
``(4) Supplement not supplant.--Grant amounts under this
section 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) Report.--
``(1) In general.--Each eligible entity receiving a grant under
subsection (a) shall submit to the Secretary, at the end of the
grant period, a report on the activities of such entity with
respect to the use of grant amounts during the grant period.
``(2) Report information.--Each report of an eligible entity
under paragraph (1) shall include--
``(A) an assessment by the entity of the effectiveness of
activities carried out using such funds in increasing the
number of realtime writers, using the performance measures
submitted by the eligible entity in the application for the
grant under subsection (b)(2); and
``(B) a description of the best practices identified by the
eligible entity for increasing the number of individuals who
are trained, employed, and retained in employment as realtime
writers.
``(3) Summaries.--The Secretary shall summarize the reports
submitted under paragraph (2) and make such summary available on
the Department's website.
``(e) 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 five succeeding fiscal years.
``PART T--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 873. 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 subsection (f), 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 three 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 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 student 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 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
ongoing 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 veteran students living in
institutional facilities and commuting veteran students.
``(E) Cultural events, academic programs, orientation
programs, and other activities designed to ease the transition
to campus life for veteran 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 veterans in achieving
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.
``(f) 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 five succeeding fiscal years.
``PART U--UNIVERSITY SUSTAINABILITY PROGRAMS
``SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to carry out
this section, 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) shall extend over a period of not more than
four fiscal years.
``(3) Definition of eligible entity.--For purposes of this
part, the term `eligible entity' means--
``(A) an institution of higher education; or
``(B) a nonprofit consortium, 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 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
this 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
pursuant to 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 an institution of higher education that
test, model, and analyze principles of sustainability.
``(B) To establish multidisciplinary education, research,
and outreach programs at an institution 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 an
institution of higher education to implement, research, and
evaluate sustainable practices.
``(F) To expand sustainability literacy on campus.
``(G) To integrate sustainability curricula 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 nonprofit consortium,
association, alliance, or collaboration operating in 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 regarding
sustainability.
``(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 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.
``(f) 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 five succeeding fiscal years.
``PART V--MODELING AND SIMULATION PROGRAMS
``SEC. 891. 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 task force within
the Department to study modeling and simulation and to support the
development of the modeling and simulation field. The activities of
such task force 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) Task force membership.--The membership of the task force
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 Institutes 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 three-year period, and such
grant period may be extended for not more than two 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 multidisciplinary 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 complement 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 three-year period, and such
grant period may be extended for not more than two 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 into 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) purchase equipment necessary for a modeling and
simulation program.
``(e) 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 five 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 W--PATH TO SUCCESS
``SEC. 892. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this section 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, career,
and technical skills and credentials necessary to strengthen the
Nation's workforce;
``(2) provide counseling, as appropriate, for eligible
individuals participating in the programs to allow the eligible
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,
career, and technical skills after being in detention, or
incarcerated, particularly resources related to health, housing,
job training, and workplace 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 individual 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.--From the amounts appropriated
under subsection (g), 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 section, at least one of
the following:
``(A) A certificate of completion for a specialized area of
study, such as career and technical training and other
alternative postsecondary educational programs.
``(B) An associate's degree.
``(2) Grant period.--A grant awarded under this part shall be
for one four-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. Such application 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 shall give priority to community colleges that propose to
serve the highest number of priority individuals, 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), including as appropriate, courses necessary for
the completion of a secondary school diploma or the recognized
equivalent;
``(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 that is--
``(A) specifically designed to help eligible individuals
with the potential challenges of the transitional period from
detention to release;
``(B) created in consultation with guidance counselors,
academic advisors, law enforcement officials, and other
community resources; and
``(C) 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 subparagraph (A) or
(B) of subsection (b)(1), including as appropriate courses
necessary for the completion of a secondary school diploma or the
recognized equivalent;
``(2) provide a variety of academic programs, with various
completion requirements, to accommodate the diverse academic
backgrounds, learning styles, and academic and career interests of
the eligible individuals who participate in the education 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
degree described in subparagraph (A) or (B) 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 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 section:
``(1) Community college.--The term `community college' has the
meaning given the term `junior or community college' in section
312(f).
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is 16 to 25 years of age (inclusive); and
``(B)(i) has been convicted of a criminal offense; and
``(ii) is detained in, or has been released from, a
juvenile detention center or secure juvenile justice
residential facility.
``(3) Gang-related offense.--
``(A) In general.--The term `gang-related offense' means an
offense that involves the circumstances described in
subparagraph (B) and that is--
``(i) a Federal or State felony involving a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than five years;
``(ii) a Federal or State crime of violence that has as
an element the use or attempted use of physical force
against the person of another for which the maximum penalty
is not less than six months; or
``(iii) a conspiracy to commit an offense described in
clause (i) or (ii).
``(B) Circumstances.--The circumstances described in this
subparagraph are that the offense described in subparagraph (A)
was committed by a person who--
``(i) participates in a criminal street gang (as
defined in section 521(a) of title 18, United States Code)
with knowledge that such gang's members engage in or have
engaged in a continuing series of offenses described in
subparagraph (A); and
``(ii) intends to promote or further the felonious
activities of the criminal street gang or maintain or
increase the person's position in the gang.
``(4) Priority individual.--The term `priority individual'
means an individual who--
``(A) is an eligible individual;
``(B) has been convicted of a gang-related offense; and
``(C) has served or is serving a period of detention in a
juvenile detention center or secure juvenile justice
residential facility for such offense.
``(5) Guidance counselor.--The term `guidance counselor' means
an individual who works with at-risk youth on a one-on-one basis,
to establish 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.
``(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 five succeeding fiscal years.
``PART X--SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT PROGRAM
``SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT
PROGRAM.
``(a) In General.--From the amounts appropriated under subsection
(g), the Secretary of Health and Human Services shall award competitive
grants to eligible entities for the purpose of improving public health
preparedness through increasing the number of veterinarians in the
workforce.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be--
``(A) a public or other nonprofit school of veterinary
medicine that is accredited by a nationally recognized
accrediting agency or association recognized by the Secretary
of Education pursuant to part H of title IV;
``(B) a public or nonprofit, department of comparative
medicine, department of veterinary science, school of public
health, or school of medicine that is accredited by a
nationally recognized accrediting agency or association
recognized by the Secretary of Education pursuant to part H of
title IV and that offers graduate training for veterinarians in
a public health practice area as determined by the Secretary of
Health and Human Services; or
``(C) a public or nonprofit entity that--
``(i) conducts recognized residency training programs
for veterinarians that are approved by a veterinary
specialty organization that is recognized by the American
Veterinary Medical Association; and
``(ii) offers postgraduate training for veterinarians
in a public health practice area as determined by the
Secretary of Health and Human Services; and
``(2) prepare and submit to the Secretary of Health and Human
Services an application, at such time, in such manner, and
containing such information as the Secretary of Health and Human
Services may require.
``(c) Consideration of Applications.--The Secretary of Health and
Human Services shall establish procedures to ensure that applications
under subsection (b)(2) are rigorously reviewed and that grants are
competitively awarded based on--
``(1) the ability of the applicant to increase the number of
veterinarians who are trained in specified public health practice
areas as determined by the Secretary of Health and Human Services;
``(2) the ability of the applicant to increase capacity in
research on high priority disease agents; or
``(3) any other consideration the Secretary of Health and Human
Services determines necessary.
``(d) Preference.--In awarding grants under subsection (a), the
Secretary of Health and Human Services shall give preference to
applicants that demonstrate a comprehensive approach by involving more
than one school of veterinary medicine, department of comparative
medicine, department of veterinary science, school of public health,
school of medicine, or residency training program that offers
postgraduate training for veterinarians in a public health practice
area as determined by the Secretary of Health and Human Services.
``(e) Use of Funds.--Amounts received under a grant under this
section shall be used by a grantee to increase the number of
veterinarians in the workforce through paying costs associated with the
expansion of academic programs at schools of veterinary medicine,
departments of comparative medicine, departments of veterinary science,
or entities offering residency training programs, or academic programs
that offer postgraduate training for veterinarians or concurrent
training for veterinary students in specific areas of specialization,
which costs may include minor renovation and improvement in classrooms,
libraries, and laboratories.
``(f) Definition of Public Health Practice Area.--In this section,
the term `public health practice area' includes the areas of
bioterrorism and emergency preparedness, environmental health, food
safety and food security, regulatory medicine, diagnostic laboratory
medicine, and biomedical research.
``(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 five succeeding fiscal years.
Amounts appropriated under this subsection shall remain available until
expended.
``PART Y--EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM
``SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION
PROGRAM.
``(a) Demonstration Program Authority.--
``(1) In general.--The Secretary is authorized to carry out an
Early Federal Pell Grant Commitment Demonstration Program under
which--
``(A) the Secretary awards grants to four State educational
agencies, in accordance with paragraph (2), to pay the
administrative expenses incurred in participating in the
demonstration program under this section; and
``(B) the Secretary awards Federal Pell Grants to
participating students in accordance with this section and
consistent with section 401.
``(2) Grants.--
``(A) In general.--From amounts appropriated under
subsection (h) for a fiscal year, the Secretary is authorized
to award grants to four State educational agencies to enable
the State educational agencies to pay the administrative
expenses incurred in participating in the demonstration program
under this section by carrying out a demonstration project
under which eighth grade students described in subsection
(b)(1)(B) receive a commitment early in the students' academic
careers to receive a Federal Pell Grant.
``(B) Equal amounts.--The Secretary shall award grants
under this section in equal amounts to each of the four
participating State educational agencies.
``(b) Demonstration Project Requirements.--Each of the four
demonstration projects assisted under this section shall meet the
following requirements:
``(1) Participants.--
``(A) In general.--The State educational agency shall make
participation in the demonstration project available to two
cohorts of students, which shall consist of--
``(i) one cohort of eighth grade students who begin
participating in the first academic year for which funds
have been appropriated to carry out this section; and
``(ii) one cohort of eighth grade students who begin
participating in the academic year succeeding the academic
year described in clause (i).
``(B) Students in each cohort.--Each cohort of students
shall consist of not more than 10,000 eighth grade students who
qualify for a free or reduced price school lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
``(2) Student data.--The State educational agency shall ensure
that student data from local educational agencies serving students
who participate in the demonstration project, as well as student
data from local educational agencies serving a comparable group of
students who do not participate in the demonstration project, are
available for evaluation of the demonstration project, and are made
available in accordance with the requirements of section 444 of the
General Education Provisions Act (the Family Educational Rights and
Privacy Act of 1974).
``(3) Federal pell grant commitment.--Each student who
participates in the demonstration project receives a commitment
from the Secretary to receive a Federal Pell Grant during the first
academic year that the student is in attendance at an institution
of higher education as an undergraduate, provided that the student
applies for Federal financial aid (via the FAFSA or EZ FAFSA) for
such academic year.
``(4) Application process.--Each State educational agency shall
establish an application process to select local educational
agencies within the State to participate in the demonstration
project in accordance with subsection (d)(2).
``(5) Local educational agency participation.--Subject to the
10,000 statewide student limitation described in paragraph (1), a
local educational agency serving students, not less than 50 percent
of whom are eligible for a free or reduced price school lunch under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
shall be eligible to participate in the demonstration project.
``(c) State Educational Agency Applications.--
``(1) In general.--Each State educational agency desiring to
participate in the demonstration program under this section shall
submit an application to the Secretary at such time and in such
manner as the Secretary may require.
``(2) Contents.--Each application shall include--
``(A) a description of the proposed targeted information
campaign for the demonstration project and a copy of the plan
described in subsection (f)(2);
``(B) a description of the student population that will
receive an early commitment to receive a Federal Pell Grant
under this section;
``(C) an assurance that the State educational agency will
fully cooperate with the ongoing evaluation of the
demonstration project; and
``(D) such other information as the Secretary may require.
``(d) Selection Considerations.--
``(1) Selection of state educational agencies.--In selecting
State educational agencies to participate in the demonstration
program under this section, the Secretary shall consider--
``(A) the number and quality of State educational agency
applications received;
``(B) a State educational agency's--
``(i) financial responsibility;
``(ii) administrative capability;
``(iii) commitment to focusing resources, in addition
to any resources provided on students who receive
assistance under part A of title I of the Elementary and
Secondary Education Act of 1965;
``(iv) ability and plans to run an effective and
thorough targeted information campaign for students served
by local educational agencies eligible to participate in
the demonstration project; and
``(v) ability to ensure the participation in the
demonstration project of a diverse group of students,
including with respect to ethnicity and gender.
``(2) Local educational agency.--In selecting local educational
agencies to participate in a demonstration project under this
section, the State educational agency shall consider--
``(A) the number and quality of local educational agency
applications received;
``(B) a local educational agency's--
``(i) financial responsibility;
``(ii) administrative capability;
``(iii) commitment to focusing resources on students
who receive assistance under part A of title I of the
Elementary and Secondary Education Act of 1965;
``(iv) ability and plans to run an effective and
thorough targeted information campaign for students served
by the local educational agency; and
``(v) ability to ensure the participation in the
demonstration project of a diverse group of students.
``(e) Evaluation.--
``(1) In general.--From amounts appropriated under subsection
(h) for a fiscal year, the Secretary shall reserve not more than
$1,000,000 to award a grant or contract to an organization outside
the Department for an independent evaluation of the impact of the
demonstration program assisted under this section.
``(2) Competitive basis.--The grant or contract shall be
awarded on a competitive basis.
``(3) Matters evaluated.--The evaluation described in this
subsection shall--
``(A) determine the number of students who were encouraged
by the demonstration program to pursue higher education;
``(B) identify the barriers to the effectiveness of the
demonstration program;
``(C) assess the cost-effectiveness of the demonstration
program in improving access to higher education;
``(D) identify the reasons why participants in the
demonstration program either received or did not receive a
Federal Pell Grant;
``(E) identify intermediate outcomes related to
postsecondary education attendance, such as whether
participants--
``(i) were more likely to take a college-preparatory
curriculum while in secondary school;
``(ii) submitted any applications to institutions of
higher education; and
``(iii) took the PSAT, SAT, or ACT;
``(F) identify the number of students participating in the
demonstration program who pursued an associate's degree or a
bachelor's degree, or other postsecondary education;
``(G) compare the findings of the demonstration program
with respect to participants to comparison groups (of similar
size and demographics) that did not participate in the
demonstration program; and
``(H) identify the impact of the demonstration program on
the parents of students eligible to participate in the program.
``(4) Dissemination.--The findings of the evaluation shall be
reported to the Secretary, who shall widely disseminate the
findings to the public.
``(f) Targeted Information Campaign.--
``(1) In general.--Each State educational agency receiving a
grant under this section shall, in cooperation with the
participating local educational agencies within the State and the
Secretary, develop a targeted information campaign for the
demonstration project assisted under this section.
``(2) Plan.--Each State educational agency receiving a grant
under this section shall include in the application submitted under
subsection (c) a written plan for the State educational agency
proposed targeted information campaign. The plan shall include the
following:
``(A) Outreach.--A description of the outreach to students
and the students' families at the beginning and end of each
academic year of the demonstration project, at a minimum.
``(B) Distribution.--A description of how the State
educational agency plans to provide the outreach described in
subparagraph (A) and to provide the information described in
subparagraph (C).
``(C) Information.--The annual provision by the State
educational agency to all students and families participating
in the demonstration project of information regarding--
``(i) the estimated statewide average cost of
attendance for an institution of higher education for each
academic year, which cost data shall be disaggregated by--
``(I) type of institution, including--
``(aa) two-year public degree-granting
institutions of higher education;
``(bb) four-year public degree-granting
institutions of higher education; and
``(cc) four-year private degree-granting
institutions of higher education;
``(II) component, including--
``(aa) tuition and fees; and
``(bb) room and board;
``(ii) Federal Pell Grants, including--
``(I) the maximum Federal Pell Grant for each award
year;
``(II) when and how to apply for a Federal Pell
Grant; and
``(III) what the application process for a Federal
Pell Grant requires;
``(iii) State-specific postsecondary education savings
programs;
``(iv) State merit-based financial aid;
``(v) State need-based financial aid; and
``(vi) Federal financial aid available to students,
including eligibility criteria for such aid and an
explanation of the Federal financial aid programs under
title IV, such as the Student Guide published by the
Department (or any successor to such document).
``(3) Cohorts.--The information described in paragraph (2)(C)
shall be provided annually to the two successive cohorts of
students described in subsection (b)(1)(A) for the duration of the
students' participation in the demonstration project.
``(4) Reservation.--Each State educational agency receiving a
grant under this section shall reserve not more than 15 percent of
the grant funds received each fiscal year to carry out the targeted
information campaign described in this subsection.
``(g) Supplement, Not Supplant.--A State educational agency shall
use grant funds received under this section only to supplement the
funds that would, in the absence of such grant funds, be made available
from non-Federal sources for students participating in the
demonstration project under this section, and not to supplant such
funds.
``(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 five succeeding fiscal years.
``PART Z--HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES
``SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES.
``(a) Grants Authorized.--From the amounts appropriated under
subsection (c), the Secretary is authorized to award a grant to the
University of Hawaii Academy for Creative Media for the establishment,
maintenance, and periodic modernization of the Henry Kuualoha Giugni
Kupuna Memorial Archives at the University of Hawaii.
``(b) Use of Funds.--The Henry Kuualoha Giugni Kupuna Memorial
Archives shall use the grant funds received under this section--
``(1) to facilitate the acquisition of a secure web-accessible
repository of Native Hawaiian historical data rich in ethnic and
cultural significance to the United States for preservation and
access by future generations;
``(2) to award scholarships to facilitate access to
postsecondary education for students who cannot afford such
education;
``(3) to support programmatic efforts associated with the web-
based media projects of the archives;
``(4) to create educational materials, from the contents of the
archives, that are applicable to a broad range of indigenous
students, such as Native Hawaiians, Alaskan Natives, and Native
American Indians;
``(5) to develop outreach initiatives that introduce the
archival collections to elementary schools and secondary schools;
``(6) to develop supplemental web-based resources that define
terms and cultural practices innate to Native Hawaiians;
``(7) to rent, lease, purchase, maintain, or repair educational
facilities to house the archival collections;
``(8) to rent, lease, purchase, maintain, or repair computer
equipment for use by elementary schools and secondary schools in
accessing the archival collections;
``(9) to provide preservice and in-service teacher training to
develop a core group of kindergarten through grade 12 teachers who
are able to provide instruction in a way that is relevant to the
unique background of indigenous students, such as Native Hawaiians,
Alaskan Natives, and Native American Indians, in order to--
``(A) facilitate greater understanding by teachers of the
unique background of indigenous students; and
``(B) improve student achievement; and
``(10) to increase the economic and financial literacy of
postsecondary education students through the dissemination of best
practices used at other institutions of higher education regarding
debt and credit management and economic decisionmaking.
``(c) 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 five succeeding fiscal years.
``PART AA--MASTERS AND POSTBACCALAUREATE PROGRAMS
``SEC. 897. MASTERS DEGREE PROGRAMS.
``In addition to any amounts appropriated under section 725, there
are authorized to be appropriated, and there are appropriated, out of
any funds in the Treasury not otherwise appropriated, $11,500,000 for
fiscal year 2009 and for each of the five succeeding fiscal years to
carry out subpart 4 of part A of title VII in order to provide grants
under sections 723 and 724, in the minimum amount authorized under such
sections, to all institutions eligible for grants under such sections.
``SEC. 898. POSTBACCALAUREATE PROGRAMS.
``In addition to any amounts appropriated under part B of title V,
there are authorized to be appropriated, and there are appropriated,
out of any funds in the Treasury not otherwise appropriated,
$11,500,000 for fiscal year 2009 and for each of the five succeeding
fiscal years to carry out part B of title V.''.
SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMATION AND
DIGITAL TECHNOLOGIES.
(a) Establishment.--There shall be established, during the first
fiscal year for which appropriations are made available under
subsection (c), a nonprofit corporation to be known as the National
Center for Research in Advanced Information and Digital Technologies,
which shall not be an agency or establishment of the Federal
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 (sec. 29-501 et seq.,
D.C. Official Code).
(b) Purpose.--The purpose of the Center shall be to support a
comprehensive research and development program to harness the
increasing capacity of advanced information and digital technologies to
improve all levels of learning and education, formal and informal, in
order to provide Americans with the knowledge and skills needed to
compete in the global economy.
(c) Funding.--
(1) Authorization of appropriations.--There are authorized to
be appropriated to the Center such sums as may be necessary for
fiscal year 2009 and each of the five succeeding fiscal years.
(2) Additional funds.--The Center is authorized--
(A) to accept funds from any Federal agency or entity;
(B) to accept, hold, administer, and spend any gift,
devise, or bequest of real or personal property made to the
Center; and
(C) to enter into competitive contracts with individuals,
public or private organizations, professional societies, and
government agencies for the purpose of carrying out the
functions of the Center.
(3) Prohibition.--The Center shall not accept gifts, devises,
or bequests from a foreign government or foreign source.
(d) Board of Directors; Vacancies; Compensation.--
(1) In general.--A Board of the Center shall be established to
oversee the administration of the Center.
(2) Initial composition.--The initial Board shall consist of
nine members to be appointed by the Secretary of Education from
recommendations received from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate, who--
(A) reflect representation from the public and private
sectors;
(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;
(C) shall not be in a position to benefit financially
directly from the contracts and grants to eligible institutions
under subsection (f)(2); and
(D) may not be officers or employees of the Federal
Government or a Members of Congress serving at the time of such
appointment.
(3) Vacancies and subsequent appointments.--To the extent not
inconsistent with paragraph (2), in the case of a vacancy on the
Board due to death, resignation, or removal, the vacancy shall be
filled through nomination and selection by the sitting members of
the Board after--
(A) taking into consideration the composition of the Board;
and
(B) soliciting recommendations from the public.
(4) Compensation.--Members of the Board shall serve without
compensation but may be reimbursed for reasonable expenses for
transportation, lodging, and other expenses directly related to
their duties as members of the Board.
(5) 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.
(e) Director and Staff.--
(1) Director.--The Board shall appoint a Director of the Center
after conducting a national, competitive search to find an
individual with the appropriate expertise, experience, and
knowledge to oversee the operations of the Center.
(2) Staff.--In accordance with procedures established by the
Board, the Director shall employ individuals to carry out the
functions of the Center.
(3) Compensation.--In no case shall the Director or any
employee of the Center receive annual compensation that exceeds an
amount equal to the annual rate payable for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.
(f) Center Activities.--
(1) Uses of funds.--The Director, after consultation with the
Board, shall use the funds made available to the Center--
(A) to support research to improve education, teaching, and
learning that is in the public interest, but that is determined
unlikely to be undertaken entirely with private funds;
(B) to support--
(i) precompetitive research, development, and
demonstrations;
(ii) assessments of prototypes of innovative digital
learning and information technologies, as well as the
components and tools needed to create such technologies;
and
(iii) pilot testing and evaluation of prototype systems
described in clause (ii); and
(C) to encourage the widespread adoption and use of
effective, innovative digital approaches to improving
education, teaching, and learning.
(2) Contracts and grants.--
(A) In general.--To carry out the activities described in
paragraph (1), the Director, with the agreement of two-thirds
of the members of the Board, may award, on a competitive basis,
contracts and grants to four-year institutions of higher
education, museums, libraries, nonprofit organizations, public
institutions with or without for-profit partners, for-profit
organizations, and consortia of any such entities.
(B) Public domain.--
(i) In general.--The research and development
properties and materials associated with any project funded
by a grant or contract under this section shall be freely
and nonexclusively available to the general public in a
timely manner, consistent with regulations prescribed by
the Secretary of Education.
(ii) Exemption.--The Director may waive the
requirements of clause (i) with respect to a project funded
by a grant or contract under this section if--
(I) the Director and the Board (by a unanimous vote
of the Board members) 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; and
(II) the Board issues a public statement as to the
specific reasons of the determination under subclause
(I).
(C) Peer review.--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 based on recommendations from
the fields served and from the Board.
(g) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than December 30 of each year
beginning in fiscal year 2009, the Director shall prepare and
submit to the Secretary of Education and the authorizing
committees a report that contains the information described in
subparagraph (B) with respect to the preceding fiscal year.
(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
determines appropriate;
(ii) evidence of coordination with the Department of
Education, the National Science Foundation, Office of the
Director of Defense Research and Engineering in the
Department of Defense, and other related Federal agencies
to carry out the operations and activities of the Center;
(iii) a comprehensive and detailed inventory of funds
distributed from the Center during the fiscal year for
which the report is being prepared; and
(iv) an independent audit of the Center'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 year for activities of the
Center; and
(ii) an estimate of the funds that will be expended by
the Center for such year.
(2) Testimony.--The Director and principal officers of the
Center shall testify before the authorizing committees and the
Committees on Appropriations of the House of Representatives and
the Senate, upon request of such committees, with respect to--
(A) any report required under paragraph (1)(A); and
(B) any other matter that such committees may determine
appropriate.
(h) Use of Funds Subject to Appropriations.--The authority to award
grants, enter into contracts, or otherwise expend funds under this
section is subject to the availability of amounts deposited into the
Center under subsection (c), or amounts otherwise appropriated for such
purposes by an Act of Congress.
(i) Definitions.--For purposes of this section:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
(2) Board.--The term ``Board'' means the Board of the Center
appointed under subsection (d)(1).
(3) Center.--The term ``Center'' means the National Center for
Research in Advanced Information and Digital Technologies
established under subsection (a).
(4) Director.--The term ``Director'' means the Director of the
Center appointed under subsection (e)(1).
SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL
RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated pursuant to
subsection (e), the Secretary of Education (referred to in this section
as the ``Secretary'') shall make grants on a competitive basis to not
more than ten 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 such sums as may be necessary
for fiscal years 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)--
(i) by striking ``elementary and secondary education
programs'' and inserting ``Clerc Center''; and
(ii) by striking ``section 618(a)(1)(A)'' and inserting
``section 618(a)(1)'';
(C) in paragraph (4), in subparagraph (C)--
(i) by moving the margins 2 ems to the left;
(ii) in clause (i), by striking ``(6)'' and inserting
``(8)''; and
(iii) 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)(1), by striking the second sentence; 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. CULTURAL EXPERIENCES GRANTS.
(a) Cultural Experiences Grants.--Title I of the Education of the
Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the
end the following:
``PART C--OTHER PROGRAMS
``SEC. 121. CULTURAL EXPERIENCES GRANTS.
``(a) In General.--The Secretary is authorized to, on a competitive
basis, make grants to, and enter into contracts and cooperative
agreements with, eligible entities to support the activities described
in subsection (b).
``(b) Activities.--In carrying out this section, the Secretary
shall support activities providing cultural experiences, through
appropriate nonprofit organizations with a demonstrated proficiency in
providing such activities, that--
``(1) enrich the lives of deaf and hard-of-hearing children and
adults;
``(2) increase public awareness and understanding of deafness
and of the artistic and intellectual achievements of deaf and hard-
of-hearing persons; or
``(3) promote the integration of hearing, deaf, and hard-of-
hearing persons through shared cultural, educational, and social
experiences.
``(c) Applications.--An eligible entity that desires to receive a
grant, or enter into a contract or cooperative agreement, 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) 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 five succeeding fiscal years.''.
(b) Conforming Amendment.--The title heading of title I of the
Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended
by adding at the end the following: ``; OTHER PROGRAMS''.
SEC. 905. 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. 906. 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 one 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. 907. 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 2009 through 2014''.
SEC. 908. 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. 909. 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'' both
places it appears and inserting ``fiscal years 2009 through 2014''.
SEC. 910. 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. 911. 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 2009-2010 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 2009-2010,
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. 912. 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. 913. 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 the term 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 Higher
Education Opportunity Act''; 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 2009 and 2010''.
SEC. 914. 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 2009 through 2014''; and
(2) in subsection (b), by striking ``fiscal years 1998 through
2003'' and inserting ``fiscal years 2009 through 2014''.
PART B--UNITED STATES INSTITUTE OF PEACE ACT
SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT.
(a) Powers and Duties.--Section 1705(b)(3) of the United States
Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by striking
``the Arms Control and Disarmament Agency,''.
(b) Board of Directors.--
(1) Amendments.--Section 1706 of the United States Institute of
Peace Act (22 U.S.C. 4605) is amended--
(A) by striking ``(b)(5)'' each place the term appears and
inserting ``(b)(4)''; and
(B) in subsection (e), by adding at the end the following:
``(5) The term of a member of the Board shall not commence
until the member is confirmed by the Senate and sworn in as a
member of the Board.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect as if enacted on June 1, 2007, and shall apply to any
member of the Board of Directors of the Institute of Peace
confirmed by the Senate and sworn in as a member of the Board of
Directors on or after such date.
(c) Funding.--Section 1710 of the United States Institute of Peace
Act (22 U.S.C. 4609) is amended--
(1) in subsection (a)(1), by striking ``to be appropriated''
and all that follows through the period at the end and inserting
``to be appropriated such sums as may be necessary for fiscal years
2009 through 2014.''; and
(2) by adding at the end the following:
``(d) Extension.--Any authorization of appropriations made for the
purposes of carrying out this title shall be extended in the same
manner as applicable programs are extended under section 422 of the
General Education Provisions Act.''.
PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION
AMENDMENTS OF 1992
SEC. 931. REPEALS.
The following provisions of title VIII of the Higher Education
Amendments of 1998 (Public Law 105-244) are repealed:
(1) Part A.
(2) Part C (20 U.S.C. 1070 note).
(3) Part F (20 U.S.C. 1862 note).
(4) Part J.
(5) Section 861.
(6) Section 863.
SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED INDIVIDUALS.
Section 821 of the Higher Education Amendments of 1998 (20 U.S.C.
1151) is amended to read as follows:
``SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED INDIVIDUALS.
``(a) Definition.--In this section, the term `incarcerated
individual' means a male or female offender who is--
``(1) 35 years of age or younger; and
``(2) incarcerated in a State prison, including a prerelease
facility.
``(b) Grant Program.--The Secretary of Education (in this section
referred to as 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 who
have obtained a secondary school diploma or its recognized
equivalent to acquire educational and job skills through--
``(A) coursework to prepare such individuals to pursue a
postsecondary education certificate, an associate's degree, or
bachelor's degree while in prison;
``(B) the pursuit of a postsecondary education certificate,
an associate's degree, or bachelor's degree while in prison;
and
``(C) employment counseling and other related services,
which start during incarceration and end not later than two
years after release from incarceration; 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
career and technical training;
``(2) lists the accredited public or private educational
institution or institutions that will provide 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 program is to be integrated
with existing State correctional education programs (such as adult
education, graduate education degree programs, and career and
technical training) and State industry programs;
``(6) describes how the proposed program will--
``(A) deliver services under this section; and
``(B) utilize technology to deliver such services; and
``(7) describes how incarcerated individuals will be selected
so that only those eligible under subsection (e) will be enrolled
in postsecondary programs.
``(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;
``(D) how the funds provided under this section are being
allocated among postsecondary preparatory education,
postsecondary academic programs, and career and technical
education programs; and
``(E) the service delivery methods being used for each
course offering; and
``(2) provide 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) Student Eligibility.--An incarcerated individual who has
obtained a secondary school diploma or its recognized equivalent shall
be eligible for participation in a program receiving a grant under this
section if such individual--
``(1) is eligible to be released within seven years (including
an incarcerated individual who is eligible for parole within such
time);
``(2) is 35 years of age or younger; and
``(3) has not been convicted of--
``(A) a `criminal offense against a victim who is a minor'
or a `sexually violent offense', as such terms are defined in
the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act (42 U.S.C. 14071 et seq.); or
``(B) murder, as described in section 1111 of title 18,
United States Code.
``(f) Length of Participation.--A State correctional education
agency receiving a grant under this section shall provide educational
and related services to each participating incarcerated individual for
a period not to exceed seven years, not more than two years of which
may be devoted to study in a graduate education degree program or to
coursework to prepare such individuals to take college level courses.
Educational and related services shall start during the period of
incarceration in prison or prerelease, and the related services may
continue for not more than two years after release from confinement.
``(g) 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.
``(h) Allocation of Funds.--From the funds appropriated pursuant to
subsection (i) for each fiscal year, the Secretary shall allot to each
State an amount that bears the same relationship to such funds as the
total number of students eligible under subsection (e) in such State
bears to the total number of such students in all States.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2009 through 2014.''.
SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL PROGRAM.
Section 841 of the Higher Education Amendments of 1998 (20 U.S.C.
1153) is amended--
(1) in subsection (a), by inserting ``, including the lessons
to be drawn from such history'' after ``Railroad'';
(2) in subsection (b)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) to establish a facility to--
``(A) house, display, interpret, and communicate
information regarding the artifacts and other materials related
to the history of the Underground Railroad, including the
lessons to be drawn from such history;
``(B) maintain such artifacts and materials; and
``(C) make the efforts described in subparagraph (A)
available, including through electronic means, to elementary
and secondary schools, institutions of higher education, and
the general public;
``(2) to demonstrate substantial public and private support for
the operation of the facility through the implementation of a
public-private partnership between one or more State or local
public entities and one or more private entities, which public-
private partnership shall provide matching funds from non-federal
sources for the support of the facility in an amount equal to or
greater than four times the amount of the grant awarded under this
section;'';
(B) in paragraph (4)--
(i) by inserting ``and maintain'' after ``establish'';
and
(ii) by inserting ``including the lessons to be drawn
from the history of the Underground Railroad,'' after
``States,''; and
(C) in paragraph (5)--
(i) by inserting ``and maintain'' after ``establish'';
and
(ii) by inserting ``, including the lessons to be drawn
from such history'' after ``Railroad''; and
(3) in subsection (c), by striking ``this section'' and all
that follows through the period at the end and inserting
``$3,000,000 for fiscal year 2009 and each of the five succeeding
fiscal years.''.
SEC. 934. OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992 (20
U.S.C. 1070 note) is amended--
(1) by striking ``1999'' and inserting ``2009''; and
(2) by striking ``4'' and inserting ``five''.
SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.
Section 205 of the Department of Education Organization Act (20
U.S.C. 3415) is amended to read as follows:
``office of postsecondary education
``Sec. 205. (a) There shall be in the Department an Office of
Postsecondary Education, to be administered by the Assistant Secretary
for Postsecondary Education appointed under section 202(b). The
Assistant Secretary shall administer such functions affecting
postsecondary education, both public and private, as the Secretary
shall delegate, and shall serve as the principal adviser to the
Secretary on matters affecting postsecondary education.
``(b) The Assistant Secretary for Postsecondary Education shall
appoint a Deputy Assistant Secretary for International and Foreign
Language Education to perform such functions affecting postsecondary,
international, and foreign language education as the Secretary may
prescribe. The Deputy Assistant Secretary for International and Foreign
Language Education shall--
``(1) be an individual with extensive background and experience
in international and foreign language education;
``(2) have responsibility for encouraging and promoting the
study of foreign languages and the study of the cultures of other
countries at the elementary, secondary, and postsecondary levels in
the United States; and
``(3) coordinate with related international and foreign
language education programs of other Federal agencies.''.
PART D--TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 941. 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) Eligible credits earned in a continuing education
program--
``(A) shall be determined as one credit for every ten
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 ten 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 ``2009'';
(2) in paragraphs (1), (2), and (3), by striking ``4
succeeding'' and inserting ``five 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 ``five 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 ``2009''; and
(2) by striking ``4 succeeding'' and inserting ``five
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 2009'';
and
(2) by striking ``4 succeeding'' and inserting ``five
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 2009 and each fiscal year thereafter, the Secretary
shall--
``(1) subject to subsection (b), select two 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 two 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 (8) 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 Higher Education Opportunity Act.
``(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 institution 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 2009 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 Colleges and
Universities 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 Colleges and Universities Assistance Act of
1978 (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:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Tribally Controlled Colleges and
Universities Assistance Act of 1978'.''.
(2) Technical amendments.--
(A) Equity in educational land-grant status act of 1994.--
Section 533(c)(4)(A) of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note) is amended by striking
``Tribally Controlled College or University Assistance Act of
1978'' and inserting ``Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(B) National museum of the american indian act.--Section
10(b)(2) of the National Museum of the American Indian Act (20
U.S.C. 80q-8(b)(2)) is amended by striking ``tribally
controlled community colleges (as defined in section 2 of the
Tribally Controlled Community College Assistance Act of 1978)''
and inserting ``tribally controlled colleges or universities
(as defined in section 2(a) of the Tribally Controlled Colleges
and Universities Assistance Act of 1978)''.
(C) Individuals with disabilities education act.--Section
602(17)(B) of the Individuals with Disabilities Education Act
(20 U.S.C. 1401(17)(B)) is amended--
(i) by striking ``community college'' and inserting
``college or university''; and
(ii) by striking ``the Tribally Controlled College or
University Assistance Act of 1978'' and inserting ``the
Tribally Controlled Colleges and Universities Assistance
Act of 1978''.
(D) Carl d. perkins career and technical education act of
2006.--The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.) is amended--
(i) in section 3(33) (20 U.S.C. 2302(33)), by striking
``the Tribally Controlled College or University Assistance
Act of 1978'' and inserting ``the Tribally Controlled
Colleges and Universities Assistance Act of 1978'';
(ii) in section 117 (20 U.S.C. 2327), by striking ``the
Tribally Controlled College or University Assistance Act of
1978'' each place the term appears and inserting ``the
Tribally Controlled Colleges and Universities Assistance
Act of 1978''; and
(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C.
2373(a)(1)(B)(i)(I)(bb)(AA)), by striking ``the Tribally
Controlled College or University Assistance Act of 1978''
and inserting ``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(E) Omnibus education reconciliation act of 1981.--Section
528 of the Omnibus Education Reconciliation Act of 1981 (20
U.S.C. 3489) is amended by striking ``the Tribally Controlled''
and all that follows through ``1978'' and inserting ``the
Tribally Controlled Colleges and Universities Assistance Act of
1978''.
(F) Elementary and secondary education act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(i) in section 3301(3) (20 U.S.C. 7011(3)), by striking
``the Tribally Controlled College or University Assistance
Act of 1978'' and inserting ``the Tribally Controlled
Colleges and Universities Assistance Act of 1978''; and
(ii) in section 7134(b)(1)(A) (20 U.S.C.
7454(b)(1)(A)), by striking ``the Tribally Controlled
College or University Assistance Act of 1978'' and
inserting ``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(G) Augustus f. hawkins-robert t. stafford elementary and
secondary school improvement amendments of 1988.--Section
5404(a)(1) of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments of 1988
(25 U.S.C. 13d-2(a)(1)) is amended by striking ``the Tribally
Controlled'' and all that follows through ``1978'' and
inserting ``the Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
(H) Indian self-determination and education assistance
act.--Section 403(b)(4)(A) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458cc(b)(4)(A)) is amended
by striking ``the Tribally Controlled'' and all that follows
through ``1978'' and inserting ``the Tribally Controlled
Colleges and Universities Assistance Act of 1978''.
(I) Indian health care improvement act.--The Indian Health
Care Improvement Act (25 U.S.C. 1601 et seq.) is amended--
(i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by
striking ``tribally-controlled'' and all that follows
through ``1978)'' and inserting ``tribally controlled
colleges or universities (within the meaning of section
2(a)(4) of the Tribally Controlled Colleges and
Universities Act of 1978)'';
(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))--
(I) in paragraph (1)(A), by striking ``a tribally
controlled community college'' and inserting ``a junior
or community college that is a tribally controlled
college or university''; and
(II) by striking paragraph (2) and inserting the
following:
``(2) The term `tribally controlled college or university' has
the meaning given to such term by section 2(a)(4) of the Tribally
Controlled Colleges and Universities Assistance Act of 1978.''; and
(iii) by striking paragraph (3) of section 711(g) (25
U.S.C. 1665j(g)) and inserting the following:
``(3) The term `tribally controlled community college' means a
community college that is a tribally controlled college or
university, as such term is defined in section 2(a)(4) of the
Tribally Controlled Colleges and Universities Assistance Act of
1978.''.
(J) Indian child protection and family violence prevention
act.--Section 411(d)(5)(C) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3210(d)(5)(C)) is
amended by striking ``tribally controlled'' and all that
follows through the semicolon at the end and inserting
``tribally controlled college or university (within the meaning
of section 2 of the Tribally Controlled Colleges and
Universities Assistance Act of 1978);''.
(K) Assistive technology act of 1998.--Section 3(11) of the
Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) is
amended by striking ``the Tribally Controlled College or
University Assistance Act of 1978'' and inserting ``the
Tribally Controlled Colleges and Universities Assistance Act of
1978''.
(L) Atomic energy act of 1954.--Section 244(a)(3) of the
Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) is amended by
striking ``the Tribally Controlled College or University
Assistance Act of 1978'' and inserting ``the Tribally
Controlled Colleges and Universities Assistance Act of 1978''.
(M) Department of energy science education enhancement
act.--Section 3167(a)(5) of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381c-1(a)(5)) is amended
by striking ``the Tribally Controlled College Assistance Act of
1978'' and inserting ``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(N) ED 1.0 act.--The ED 1.0 Act (47 U.S.C. 902 note) is
amended in subsection (a)(2)(C) by striking ``the Tribally
Controlled College or University Assistance Act of 1978'' and
inserting ``the Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
Subpart 2--Navajo Higher Education
SEC. 945. SHORT TITLE.
This subpart may be cited as the ``Navajo Nation Higher Education
Act of 2008''.
SEC. 946. 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 2009 through
2014.''; 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 2009 through 2014 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 ends 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 E--OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
SEC. 951. SHORT TITLE.
This part may be cited as the ``John R. Justice Prosecutors and
Defenders Incentive Act of 2008''.
SEC. 952. 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 inserting after part II (42
U.S.C. 3797cc et seq.) the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3001. 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 unit of local government who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency cases at
the State or unit of local government level (including
supervision, education, or training of 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 unit of local
government who provides legal representation to indigent
persons in criminal or juvenile delinquency cases
(including supervision, education, or training of 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 the employee's
full-time employment to providing legal representation to
indigent persons in criminal or juvenile delinquency cases
(including supervision, education, or training of 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.
``(3) Student loan.--
``(A) In general.--Except as provided in subparagraph (B),
the term `student loan' means--
``(i) 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.);
``(ii) 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
``(iii) 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)).
``(B) Exclusion of parent plus loans.--The term `student
loan' does not include any of the following loans:
``(i) A loan made to the parents of a dependent student
under section 428B of the Higher Education Act of 1965 (20
U.S.C. 1078-2).
``(ii) A Federal Direct PLUS Loan made to the parents
of a dependent student.
``(iii) 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
loan described in clause (i) or (ii).
``(c) Program Authorized.--The Attorney General shall 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 Agreement.--
``(1) In general.--To be eligible to receive repayment benefits
under subsection (c), a borrower shall enter into a written
agreement 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 three 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;
``(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;
``(D) 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; and
``(E) the Attorney General 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 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.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Attorney General under this section shall be made
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 three years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Attorney
General shall provide repayment benefits under this section--
``(A) giving priority to borrowers who have the least
ability to repay their loans, except that the Attorney General
shall determine a fair allocation of repayment benefits among
prosecutors and public defenders, and among employing entities
nationwide; and
``(B) subject to the availability of appropriations.
``(2) Priority.--The Attorney General shall give priority in
providing repayment benefits under this section in any fiscal year
to a borrower who--
``(A) received repayment benefits under this section during
the preceding fiscal year; and
``(B) has completed less than three 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 three 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 are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2009
and such sums as may be necessary for each of the five succeeding
fiscal years.''.
PART F--INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS
SEC. 961. INSTITUTIONAL LOAN FORGIVENESS PROGRAMS.
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
if--
(A) such repayment or forbearance is provided to 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
(B) in the case of a former student of the institution of
higher education, the policy described in subparagraph (A) was
in effect at the institution of higher education on the day
before the date such officer or employee graduated from or
otherwise ceased being a student at such institution; 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 G--MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY
OPPORTUNITY PROGRAM
SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS
TECHNOLOGY OPPORTUNITY PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting after subsection (b) the
following:
``(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 that awards grants, cooperative agreements, and contracts
to eligible institutions to enable the eligible institutions in
acquiring, and augmenting the institutions' use of, digital and
wireless networking technologies to improve the quality and
delivery of educational services at eligible institutions.
``(2) 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 technology 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 applications 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.
``(3) Awards.--
``(A) 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 under this
subsection.
``(B) 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 educational agency, local educational
agencies, institutions of higher education, community-based
organizations, national nonprofit organizations, or businesses,
including minority businesses.
``(C) Planning grants.--The Secretary may provide funds to
develop strategic plans to implement grants, cooperative
agreements, or contracts awarded under this subsection.
``(D) 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.
``(E) Need.--In awarding funds under this subsection, the
Secretary shall give priority to the eligible institution with
the greatest demonstrated need for assistance.
``(4) 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; or
``(E) to foster the use of digital and wireless networking
technology to improve research and education, including
scientific, mathematics, engineering, and technology
instruction.
``(5) 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.
``(6) 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 25
percent 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.
``(7) Annual report and assessments.--
``(A) Annual report required from recipients.--Each
eligible 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.
``(B) Independent assessments.--
``(i) Contract to conduct assessments.--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 established under paragraph (1).
The assessments shall be conducted once every 3 years
during the 10-year period following the date of enactment
of this subsection.
``(ii) Evaluations and recommendations.--The
assessments described in clause (i) shall include--
``(I) an evaluation of the effectiveness of the
program established under paragraph (1) 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;
``(II) 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;
``(III) an evaluation of the procedures established
under paragraph (2)(A); and
``(IV) recommendations for improving the program,
including recommendations concerning the continuing
need for Federal support.
``(iii) Review of reports.--In carrying out the
assessments under this subparagraph, the National Academy
of Public Administration shall review the reports submitted
to the Secretary under subparagraph (A).
``(iv) Report to congress.--Upon completion of each
assessment under this subparagraph, 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.
``(8) Definitions.--In this subsection:
``(A) 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.
``(B) Eligible institution.--The term `eligible
institution' means an institution that is--
``(i) 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 identified in subparagraph (A),
(B), or (C) of section 326(e)(1) of such Act (20 U.S.C.
1063b(e)(1)(A), (B), or (C)), or a consortium of
institutions described in this clause;
``(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 Tribal 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, as defined
in section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b));
``(v) a Native Hawaiian-serving institution, as defined
in section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b));
``(vi) a Predominately Black Institution, as defined in
section 318 of the Higher Education Act of 1965 (20 U.S.C.
1059e);
``(vii) a Native American-serving, nontribal
institution, as defined in section 319 of the Higher
Education Act of 1965 (20 U.S.C. 1059f);
``(viii) an Asian American and Native American Pacific
Islander-serving institution, as defined in section 320 of
the Higher Education Act of 1965 (20 U.S.C. 1059g); or
``(ix) a minority institution, 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)).
``(C) 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).
``(D) 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).
``(E) 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))).
``(F) 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.
``(G) 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).
``(H) 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. 972. 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 such sums as may be necessary for each of the
fiscal years 2009 through 2012.
TITLE X--PRIVATE STUDENT LOAN IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Private Student Loan Transparency
and Improvement Act of 2008''.
SEC. 1002. REGULATIONS.
Not later than 365 days after the date of enactment of this Act,
the Board of Governors of the Federal Reserve System shall issue
regulations in final form to implement paragraphs (1), (2), (3), (4),
(6), (7), and (8) of section 128(e) and section 140(c) of the Truth in
Lending Act, as added by this title, which regulations shall become
effective not later than 6 months after their date of issuance.
SEC. 1003. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b) and as
otherwise provided in this title, this title and the amendments made by
this title shall become effective on the date of enactment of this Act.
(b) Effect Notwithstanding Regulations.--Paragraphs (1), (2), (3),
(4), (6), (7), and (8) of section 128(e) and section 140(c) of the
Truth in Lending Act, as added by this title, shall become effective on
the earlier of the date on which regulations issued under section 1002
become effective or 18 months after the date of enactment of this Act.
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) Preventing Unfair and Deceptive Private Educational Lending
Practices and Conflicts of Interest.--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.--As used in this section--
``(1) 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, officer, or employee of the
educational institution;
``(2) the term `gift'--
``(A)(i) means any gratuity, favor, discount,
entertainment, hospitality, loan, or other item having more
than a de minimis monetary value, including 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; and
``(ii) includes an item described in clause (i) provided to
a family member of an officer, employee, or agent of a covered
educational institution, or to any other individual based on
that individual's relationship with the officer, employee, or
agent, if--
``(I) the item is provided with the knowledge and
acquiescence of the officer, employee, or agent; and
``(II) the officer, employee, or agent has reason to
believe the item was provided because of the official
position of the officer, employee, or agent; and
``(B) does not include--
``(i) standard informational material related to a
loan, default aversion, default prevention, or financial
literacy;
``(ii) food, refreshments, training, or informational
material furnished to an officer, employee, or agent of a
covered educational institution, as an integral part of a
training session or through participation in an advisory
council that is designed to improve the service of the
private educational lender to the covered educational
institution, if such training or participation contributes
to the professional development of the officer, employee,
or agent of the covered educational institution;
``(iii) favorable terms, conditions, and borrower
benefits on a private education loan provided to a student
employed by the covered educational institution, if such
terms, conditions, or benefits are not provided because of
the student's employment with the covered educational
institution;
``(iv) the provision of financial literacy counseling
or services, including counseling or services provided in
coordination with a covered educational institution, to the
extent that such counseling or services are not undertaken
to secure--
``(I) applications for private education loans or
private education loan volume;
``(II) applications or loan volume for any loan
made, insured, or guaranteed under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
or
``(III) the purchase of a product or service of a
specific private educational lender;
``(v) philanthropic contributions to a covered
educational institution from a private educational lender
that are unrelated to private education loans and are not
made in exchange for any advantage related to private
education loans; or
``(vi) State education grants, scholarships, or
financial aid funds administered by or on behalf of a
State;
``(3) 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) 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) the term `preferred lender arrangement' has the same
meaning as in section 151 of the Higher Education Act of 1965;
``(6) the term `private educational lender' means--
``(A) a financial institution, as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813) that
solicits, makes, or extends private education loans;
``(B) a Federal credit union, as defined in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752) that solicits,
makes, or extends private education loans; and
``(C) any other person engaged in the business of
soliciting, making, or extending private education loans;
``(7) the term `private education loan'--
``(A) means a loan provided by a private educational lender
that--
``(i) is not made, insured, or guaranteed under of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
``(ii) is issued expressly for postsecondary
educational expenses to a borrower, regardless of whether
the loan is provided through the educational institution
that the subject student attends or directly to the
borrower from the private educational 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, or any other loan that is
secured by real property or a dwelling; and
``(8) 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 education loans with respect to students attending the
covered educational institution;
``(B) the covered educational institution recommends to
students or others the private educational lender or the
private education loans of the private educational lender; and
``(C) the private educational lender pays a fee or provides
other material benefits, including profit sharing, to the
covered educational institution in connection with the private
education 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 may not, directly or indirectly--
``(1) offer or provide any gift to a covered educational
institution in exchange for any advantage or consideration provided
to such private educational lender related to its private education
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
education loans in any way that implies that the covered educational
institution endorses the private education loans offered by the private
educational lender.
``(d) Advisory Board Compensation.--Any person who is employed in
the financial aid office of a covered educational institution, or who
otherwise has responsibilities with respect to private education loans
or other financial aid of the institution, and who serves on an
advisory board, commission, or group established by a private
educational lender or group of such lenders shall be prohibited from
receiving anything of value from the private educational lender or
group of lenders. Nothing in this subsection prohibits the
reimbursement of reasonable expenses incurred by an employee of a
covered educational institution as part of their service on an advisory
board, commission, or group described in this subsection.
``(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 for early repayment or prepayment of any private
education loan.''.
(b) Conforming Amendment to Truth in Lending Act.--Section 103(f)
of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at
the end the following: ``The term `creditor' includes a private
educational lender (as that term is defined in section 140) for
purposes of this title.''.
(c) Disclosures of Reimbursements for Service on Advisory Boards.--
Section 485 of the Higher Education Act of 1965 (20 U.S.C.
1092), as amended by this Act, is further amended by adding at the
end the following:
``(m) Disclosures of Reimbursements for Service on Advisory
Boards.--
``(1) Disclosure.--Each institution of higher education
participating in any program under this title shall report, on an
annual basis, to the Secretary, any reasonable expenses paid or
provided under section 140(d) of the Truth in Lending Act to any
employee who is employed in the financial aid office of the
institution, or who otherwise has responsibilities with respect to
education loans or other financial aid of the institution. Such
reports shall include--
``(A) the amount for each specific instance of reasonable
expenses paid or provided;
``(B) the name of the financial aid official, other
employee, or agent to whom the expenses were paid or provided;
``(C) the dates of the activity for which the expenses were
paid or provided; and
``(D) a brief description of the activity for which the
expenses were paid or provided.
``(2) Report to congress.--The Secretary shall summarize the
information received from institutions of higher education under
paragraph (1) in a report and transmit such report annually to the
authorizing committees.''.
SEC. 1012. CIVIL LIABILITY.
(a) In General.--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 128(e)(7)'' 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 ``of subparagraphs (A), (B), (D),
(F), or (J) of section 128(e)(2) (for purposes of paragraph
(2) or (4) of section 128(e)), or paragraph (4)(C), (6),
(7), or (8) of section 128(e),'' before ``or for failing'';
(2) in subsection (e), by inserting before the first period the
following: ``or, in the case of a violation involving a private
education loan (as that term is defined in section 140(a)), 1 year
from the date on which the first regular payment of principal is
due under the loan''; and
(3) by adding at the end the following:
``(j) Private Educational Lender.--A private educational lender (as
that term is defined in section 140(a)) has no liability under this
section for failure to comply with section 128(e)(3)).''.
(b) Effective Date.--The amendments made by this section shall have
the same effective date as provisions referred to in section 1003(b).
SEC. 1013. CLERICAL AMENDMENT.
The table of sections for chapter 2 of title I of the Truth in
Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end
the following:
``140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.''.
Subtitle B--Improved Disclosures for Private Education Loans
SEC. 1021. PRIVATE EDUCATION LOAN DISCLOSURES AND LIMITATIONS.
(a) Truth in Lending Act.--Section 128 of the Truth in Lending Act
(15 U.S.C. 1638) is amended by adding at the end the following:
``(e) Terms and Disclosure With Respect to Private Education
Loans.--
``(1) Disclosures required in private education loan
applications and solicitations.--In any application for a private
education loan, or a solicitation for a private education loan
without requiring an application, the private educational lender
shall disclose to the borrower, clearly and conspicuously--
``(A) the potential range of rates of interest applicable
to the private education loan;
``(B) whether the rate of interest applicable to the
private education loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof, if
applicable;
``(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
education loan;
``(G) the term of the private education loan;
``(H) whether interest will accrue while the student to
whom the private education loan relates is enrolled at a
covered educational institution;
``(I) payment deferral options;
``(J) general eligibility criteria for the private
education loan;
``(K) an example of the total cost of the private education
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 private educational lender; and
``(ii) calculated both with and without capitalization
of interest, if an option exists for postponing interest
payments;
``(L) that a covered educational institution may have
school-specific education loan benefits and terms not detailed
on the disclosure form;
``(M) that the borrower may qualify for Federal student
financial assistance through a program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), in lieu
of, or in addition to, a loan from a non-Federal source;
``(N) the interest rates available with respect to such
Federal student financial assistance through a program under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.);
``(O) that, as provided in paragraph (6)--
``(i) the borrower shall have the right to accept the
terms of the loan and consummate the transaction at any
time within 30 calendar days (or such longer period as the
private educational lender may provide) following the date
on which the application for the private education loan is
approved and the borrower receives the disclosure documents
required under this subsection for the loan; 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 private educational lender during the
period described in clause (i);
``(P) that, before a private education loan may be
consummated, the borrower must obtain from the relevant
institution of higher education the form required under
paragraph (3), and complete, sign, and return such form to the
private educational lender;
``(Q) that the consumer may obtain additional information
concerning such Federal student financial assistance from their
institution of higher education, or at the website of the
Department of Education; and
``(R) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(2) Disclosures at the time of private education loan
approval.--Contemporaneously with the approval of a private
education loan application, and before the loan transaction is
consummated, the private educational lender 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 education loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof, if
applicable;
``(D) the initial approved principal amount;
``(E) applicable finance charges, late fees, penalties, and
adjustments to principal, based on borrower defaults or late
payments, including limitations on the discharge of a private
education loan in bankruptcy;
``(F) fees or range of fees applicable to the private
education loan;
``(G) the maximum term under the private education loan
program;
``(H) 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 offered by the private
educational lender and applicable to the borrower, to the
extent that such maximum rate may be determined, or if not, a
good faith estimate thereof;
``(I) any principal and interest payments required while
the student for whom the private education loan is intended is
enrolled at a covered educational institution and unpaid
interest that will accrue during such enrollment;
``(J) payment deferral options applicable to the borrower;
``(K) whether monthly payments are graduated;
``(L) that, as provided in paragraph (6)--
``(i) the borrower shall have the right to accept the
terms of the loan and consummate the transaction at any
time within 30 calendar days (or such longer period as the
private educational lender may provide) following the date
on which the application for the private education loan is
approved and the borrower receives the disclosure documents
required under this subsection for the loan; 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 private educational lender during the
period described in clause (i);
``(M) that the borrower --
``(i) may qualify for Federal financial assistance
through a program under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), in lieu of, or in
addition to, a loan from a non-Federal source; and
``(ii) may obtain additional information concerning
such assistance from their institution of higher education
or the website of the Department of Education;
``(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 (20 U.S.C. 1070 et seq.);
``(O) the maximum monthly payment, calculated using the
maximum rate of interest actually offered by the private
educational lender and applicable to the borrower, to the
extent that such maximum rate may be determined, or if not, a
good faith estimate thereof; and
``(P) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(3) Self-certification of information.--
``(A) In general.--Before a private educational lender may
consummate a private education loan with respect to a student
attending an institution of higher education, the lender shall
obtain from the applicant for the private education loan the
form developed by the Secretary of Education under section 155
of the Higher Education Act of 1965, signed by the applicant,
in written or electronic form.
``(B) Rule of construction.--No other provision of this
subsection shall be construed to require a private educational
lender to perform any additional duty under this paragraph,
other than collecting the form required under subparagraph (A).
``(4) Disclosures at the time of private education loan
consummation.--Contemporaneously with the consummation of a private
education loan, a private educational lender shall make to the
borrower each of the disclosures described in--
``(A) paragraph (2)(A) (adjusted, as necessary, for the
rate of interest in effect on the date of consummation, based
on the index used for the loan);
``(B) subparagraphs (B) through (K) and (M) through (P) of
paragraph (2); and
``(C) paragraph (7).
``(5) Format of disclosures.--
``(A) Model form.--Not later than 2 years after the date of
enactment of this subsection, the Board shall, based on
consumer testing, and in consultation with the Secretary of
Education, develop and issue model forms that may be used, at
the option of the private educational lender, for the provision
of disclosures required under this subsection.
``(B) Format.--Model forms developed under this paragraph
shall--
``(i) be comprehensible to borrowers, with a clear
format and design;
``(ii) provide for clear and conspicuous disclosures;
``(iii) enable borrowers easily to identify material
terms of the loan and to compare such terms among private
education loans; and
``(iv) be succinct, and use an easily readable type
font.
``(C) Safe harbor.--Any private educational lender that
elects to provide a model form developed under this subsection
that accurately reflects the practices of the private
educational lender shall be deemed to be in compliance with the
disclosures required under this subsection.
``(6) Effective period of approved rate of interest and loan
terms.--
``(A) In general.--With respect to a private education
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 (or such longer period as the private educational
lender may provide) following the date on which the application
for the private education 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 private educational lender during
that period.
``(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 private educational
lender 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 period described in
subparagraph (A).
``(7) Right to cancel.--With respect to a private education
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, and the private educational lender shall
disclose such right to the borrower in accordance with paragraph
(4).
``(8) Prohibition on disbursement.--No funds may be disbursed
with respect to a private education loan until the expiration of
the 3-day period described in paragraph (7).
``(9) Board regulations.--In issuing regulations under this
subsection, the Board shall prevent, to the extent possible,
duplicative disclosure requirements for private educational lenders
that are otherwise required to make disclosures under this title,
except that in any case in which the disclosure requirements of
this subsection differ or conflict with the disclosure requirements
of any other provision of this title, the requirements of this
subsection shall be controlling.
``(10) Definitions.--For purposes of this subsection, the terms
`covered educational institution', `private educational lender',
and `private education loan' have the same meanings as in section
140.
``(11) Duties of lenders participating in preferred lender
arrangements.--Each private educational lender that has a preferred
lender arrangement with a covered educational institution shall
annually, by a date determined by the Board, in consultation with
the Secretary of Education, provide to the covered educational
institution such information as the Board determines to include in
the model form developed under paragraph (5) for each type of
private education loan that the lender plans to offer to students
attending the covered educational institution, or to the families
of such students, for the next award year (as that term is defined
in section 481 of the Higher Education Act of 1965).''.
(b) Self-Certification Form.--Part E of title I of the Higher
Education Act of 1965, as added by this Act, is further amended by
inserting after section 154 the following:
``SEC. 155. SELF-CERTIFICATION FORM FOR PRIVATE EDUCATION LOANS.
``(a) In General.--The Secretary, in consultation with the Board of
Governors of the Federal Reserve System, shall develop the self-
certification form for private education loans that shall be used to
satisfy the requirements of section 128(e)(3) of the Truth in Lending
Act. Such form shall--
``(1) be developed in a standardized format;
``(2) be made available to the applicant by the relevant
institution of higher education, in written or electronic form,
upon request of the applicant;
``(3) contain only disclosures that--
``(A) the applicant may qualify for Federal student
financial assistance through a program under title IV of this
Act, or State or institutional student financial assistance, in
place of, or in addition to, a private education loan;
``(B) the applicant is encouraged to discuss the
availability of Federal, State, and institutional student
financial assistance with financial aid officials at the
applicant's institution of higher education;
``(C) a private education loan may affect the applicant's
eligibility for free or low-cost Federal, State or
institutional student financial assistance; and
``(D) the information that the applicant is required to
provide on the form is available from officials at the
financial aid office of the institution of higher education;
``(4) include a place to provide information on--
``(A) the applicant's cost of attendance at the institution
of higher education, as determined by the institution under
Part F of title IV;
``(B) the applicant's expected family contribution, as
determined under Part F of title IV, as applicable, for
students who have completed the free application for Federal
student aid;
``(C) the applicant's estimated financial assistance, as
determined by the institution, in accordance with title IV, as
applicable;
``(D) the difference between the amounts under
subparagraphs (A) and (C), as applicable; and
``(E) the sum of the amounts under subparagraphs (B) and
(D), as applicable; and
``(5) include a place for the applicant's signature, in written
or electronic form.
``(b) Limit on Liability.--Nothing in this section shall be
construed to create a private right of action against an institution of
higher education with respect to the form developed under subsection
(a).''.
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE EDUCATION
LOANS.
Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is
amended by inserting ``and other than private education loans (as that
term is defined in section 140(a))'' after ``consumer''.
Subtitle C--College Affordability
SEC. 1031. COMMUNITY REINVESTMENT ACT CREDIT FOR LOW-COST LOANS.
(a) In General.--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 Education 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 education loans provided by the financial
institution to low-income borrowers.''.
(b) Regulations Required.--Not later than 1 year after the date of
enactment of this Act, each appropriate Federal financial supervisory
agency shall issue rules in final form to implement section 804(d) of
the Community Reinvestment Act of 1977, as added by this section.
Subtitle D--Financial Literacy; Studies and Reports
SEC. 1041. DEFINITIONS.
As used in this subtitle--
(1) the terms ``covered educational institution'', ``private
educational lender'', and ``private education loan'' have the same
meanings as in section 140 of the Truth in Lending Act, as added by
this Act;
(2) the term ``historically Black colleges and universities''
means a ``part B institution'', within the meaning of section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061)); and
(3) the term ``land-grant colleges and universities'' has the
same meaning as in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103).
SEC. 1042. 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
colleges and universities), 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 covered educational institutions through--
(1) the development of initiatives, programs, and curricula
that improve student awareness of the short- and long-term costs
associated with education 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 covered educational institutions 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 Act, the Financial Literacy and Education
Commission shall submit a report to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Health Education,
Labor, and Pensions of the Senate and the Committee on Financial
Services and the Committee on Education and Labor of the House of
Representatives on the state of financial education among students
at covered educational institutions.
(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 and the Committee on
Financial Services of the House of Representatives concerning the
report required by this subsection.
TITLE XI--STUDIES AND REPORTS
SEC. 1101. STUDY ON FOREIGN GRADUATE MEDICAL SCHOOLS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) complete a study that examines the performance of students
from the United States receiving Federal student financial aid to
attend graduate medical schools located outside of the United
States;
(2) provide data and make recommendations to the National
Committee on Foreign Medical Education and Accreditation in a
timely manner so as to assist the Secretary of Education in the
Department of Education's review required under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002); and
(3) submit to the authorizing committees a report setting forth
the conclusions of the study.
(b) Contents.--The study conducted under this section shall include
the following:
(1) The amount of Federal student financial aid dollars that
are spent on graduate medical schools located outside of the United
States every year, and the percentage of overall student aid such
amount represents.
(2) The percentage of students of such medical schools who pass
the examination sponsored by the Federation of State Medical Boards
of the United States, Inc., and the National Board of Medical
Examiners the first time.
(3) The percentage of students of such medical schools who pass
the United States medical licensing examination after taking such
examinations multiple times, disaggregated by the number of times
the students had to take the examinations to pass.
(4) The percentage of recent graduates of such medical schools
practicing medicine in the United States, and a description of
where the students are practicing and what types of medicine the
students are practicing.
(5) The rate of graduates of such medical schools who lose
malpractice lawsuits or have the graduates' medical licenses
revoked, as compared to graduates of graduate medical schools
located in the United States.
(6) Recommendations regarding the percentage passing rate of
the United States medical licensing examination that the United
States should require of graduate medical schools located outside
of the United States for Federal student financial aid purposes.
SEC. 1102. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES.
(a) Study, Assessments, and Recommendations.--The Comptroller
General of the United States shall--
(1) conduct a study of--
(A) the information that States have on the employment of
students who have completed postsecondary education programs;
(B) the feasibility of collecting information on students
who complete all types of postsecondary education programs
(including two- and four-year degree, certificate,
professional, and graduate programs) at all types of
institutions of higher education (including public, private
nonprofit, and for-profit schools), regarding--
(i) employment, including--
(I) the type of job obtained not later than six
months after the completion of the degree, certificate,
or program;
(II) whether such job was related to the course of
study;
(III) the starting salary for such job; and
(IV) the student's satisfaction with the student's
preparation for such job and guidance provided with
respect to securing the job; and
(ii) for recipients of Federal student aid, the type of
assistance received, so that the information can be used to
evaluate various education programs;
(C) the evaluation systems used by other industries to
identify successful programs and challenges, set priorities,
monitor performance, and make improvements;
(D) the best means of collecting information from or
regarding recent postsecondary graduates, including--
(i) whether a national website would be the most
effective way to collect information;
(ii) whether postsecondary education graduates could be
encouraged to voluntarily submit information by allowing a
graduate to access aggregated information about other
graduates (such as graduates from the graduate's school,
with the graduate's degree, or in the graduate's area) if
the graduate completes an online questionnaire;
(iii) whether employers could be encouraged to submit
information by allowing an employer to access aggregated
information about graduates (such as institutions of higher
education attended, degrees, or starting pay) if the
employer completes an online questionnaire to evaluate the
employer's satisfaction with the graduates the employer
hires; and
(iv) whether postsecondary institutions that receive
Federal funds or whose students have received Federal
student financial aid could be required to submit
aggregated information about the graduates of the
institutions; and
(E) the best means of displaying employment information;
and
(2) provide assessments and recommendations regarding--
(A) whether successful State cooperative relationships
between higher education system offices and State agencies
responsible for employment statistics can be encouraged and
replicated in other States;
(B) whether there is value in collecting additional
information from, or about, the employment experience of
individuals who have recently completed a postsecondary
educational program;
(C) the most promising ways of obtaining and displaying or
disseminating such information;
(D) if a website is used for such information, whether the
website should be run by a governmental agency or contracted
out to an independent education or employment organization;
(E) whether a voluntary information system would work, both
from the graduates' and employers' perspectives;
(F) the value of such information to future students,
institutions, accrediting agencies or associations,
policymakers, and employers, including how the information
would be used and the practical applications of the
information;
(G) whether the request for such information is duplicative
of information that is already being collected; and
(H) whether the National Postsecondary Student Aid Survey
conducted by the National Center for Education Statistics could
be amended to collect such information.
(b) Reports.--
(1) Preliminary report.--Not later than one year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the authorizing committees a preliminary
report regarding the study, assessments, and recommendations
described in subsection (a).
(2) Final report.--Not later than two years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the authorizing committees a final report regarding
such study, assessments, and recommendations.
SEC. 1103. STUDY ON IPEDS.
The Comptroller General of the United States shall--
(1) conduct a study on the time and cost burdens to
institutions of higher education associated with completing the
Integrated Postsecondary Education Data System (referred to in this
section as the ``IPEDS'') survey, which shall--
(A) report on the time and cost burden of completing the
IPEDS survey for four-year, two-year, and less than two-year
institutions of higher education;
(B) present recommendations for reducing such burden; and
(C) report on the feasibility of collecting additional data
from institutions for use in IPEDS, including information on
the percentage of enrolled undergraduate students who graduate
within two years (in the case of two-year institutions), and
four, five, and six years (in the case of two- and four-year
institutions), disaggregated by race and ethnic background and
by income categories;
(2) not later than one year after the date of enactment of this
Act, submit to the authorizing committees a preliminary report
regarding the findings of the study described in paragraph (1); and
(3) not later than two years after the date of enactment of
this Act, submit to the authorizing committees a final report
regarding such findings.
SEC. 1104. REPORT AND STUDY ON ARTICULATION AGREEMENTS.
(a) Study Required.--The Secretary of Education shall conduct a
study to review the articulation agreements at State-supported 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 in
articulation agreements;
(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.
(b) Report.--The Secretary of Education shall submit to the
authorizing committees an interim report on the study required by
subsection (a) not later than two years after the date of enactment of
this Act and a final report on such study not later than January 1,
2013.
SEC. 1105. REPORT ON PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Not later than two years after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct an analysis of proprietary institutions of higher
education subject to section 487(a)(24) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(24)) and shall submit to the authorizing
committees a report that provides the results of the analysis.
(b) Contents of Report.--The report shall provide--
(1) the number of institutions subject to section 487(a)(24) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)(24));
(2) the number and percentage of such institutions each year
that do not comply with such section;
(3) the number of such institutions that are in compliance with
such section at the time of submission of the report; and
(4) in the case of institutions that are in compliance with
such section at the time of submission of the report, information
on the extent to which such institutions' revenue is derived from
funds provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), including information on the number of
such institutions that derive not less than 85 percent of their
revenues from funds provided under such title.
SEC. 1106. ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS OF HIGHER
EDUCATION.
The Secretary of Education shall enter into an agreement with the
National Research Council of the National Academy of Sciences for the
conduct of 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 be completed not later
than two years after the date of enactment of this Act, and 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 described in paragraph (1); and
(3) by agency, recommendations for consolidating, streamlining,
and eliminating redundant and burdensome Federal regulations and
reporting requirements affecting institutions of higher education.
SEC. 1107. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education shall enter
into an agreement with the National Research Council of the National
Academy of Sciences to conduct a 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 can be assessed, which may include elements such
as subject matter, interactivity, and student outcomes;
(2) identification of distance education program success, with
respect to student achievement, in relation to the mission of the
institution of higher education;
(3) identification of the benefits and limitations of distance
education programs and campus-based programs for different students
(including classification of types of students by age category) by
assessing access, job placement rates, graduation rates, and other
factors related to persistence, completion, and cost; and
(4) identification and analysis of factors that may make direct
comparisons of distance education programs and campus-based
education programs difficult.
(b) Scope.--The National Research Council 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 contract under subsection (a)
shall require that the National Research Council submit to the
authorizing committees--
(1) an interim report regarding the evaluation under subsection
(a) not later than June 30, 2009; and
(2) a final report regarding such evaluation not later than
June 30, 2010.
SEC. 1108. REVIEW OF COSTS AND BENEFITS OF ENVIRONMENTAL, HEALTH, AND
SAFETY STANDARDS.
(a) Review of Standards.--The Secretary of Education shall enter
into an agreement with the National Research Council of the National
Academy of Sciences to conduct a national study that--
(1) reviews, analyzes, and compares existing standards in
environmental, health, and safety areas, for the regulation of--
(A) industrial research and development facilities; and
(B) research and teaching laboratories and facilities at
institutions of higher education; and
(2) based upon the review in paragraph (1), develops
recommended frameworks for alternative regulatory standards, if
any, for research and teaching laboratories and facilities at
institutions of higher education that--
(A) maintain the overall level of protection of the
environment, and of the health and safety of those using such
laboratories and facilities;
(B) reflect the need to ensure consistent application of
Federal laws; and
(C) take into account the educational and research
activities of institutions of higher education.
(b) Report.--The National Research Council shall report to Congress
regarding the recommended frameworks for alternative regulatory
standards developed under subsection (a). Such report shall contain
recommendations for statutory or regulatory changes needed to implement
the different standards described in subsection (a), and the projected
costs and benefits resulting from the adoption of such standards.
SEC. 1109. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.
(a) Study Required.--The Secretary of Education shall carry out the
following:
(1) Commission and ensure the conduct of a national study of
underrepresented minority males (particularly African American,
Hispanic American, Native American, Native Hawaiian, and Alaska
Native 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, Hispanic American, Native American, Native
Hawaiian, and Alaska Native males and shall 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.
(C) The implementation of the study shall be in four stages
based on the recommendations of the Commissioner for Education
Statistics.
(2) Make specific recommendations to the authorizing committees
and States 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 four years after the
date of enactment of this Act, the Secretary of Education 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.
SEC. 1110. STUDY ON BIAS IN STANDARDIZED TESTS.
(a) Study.--The Secretary of Education shall enter into an
agreement with the Board on Testing and Assessment of the National
Academy of Sciences for the conduct of a study to identify any race,
ethnicity, or gender bias in the content and construction of
standardized tests that are used for admission to institutions of
higher education.
(b) Report.--Not later than two years after the date of enactment
of this Act, the Secretary of Education shall issue an interim report
to the authorizing committees related to the progress of the study
under subsection (a).
SEC. 1111. ENDOWMENT REPORT.
(a) Analysis of Endowments.--The Comptroller General of the United
States 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 institutions)
describing--
(1) the average and range of--
(A) the outstanding balance of such endowments; and
(B) the growth of such endowments over the last 20 years;
(2) the amount and percentage of endowment assets distributed
on an annual basis for spending on education;
(3) the amount and percentage of endowment assets distributed
on an annual basis for financial aid or for the purpose of reducing
the costs of tuition, fees, textbooks, and room and board; and
(4) the extent to which the funds in such endowments are
restricted, and the restrictions placed upon such funds.
(b) Submission of Report.--The Comptroller General of the United
States shall submit a report on the study required by subsection (a) to
the authorizing committees not later than 18 months after the date of
enactment of this Act.
SEC. 1112. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.
(a) Study Required.--The Secretary of Education, in consultation
with the Secretary of Labor and the Attorney General, 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 authorizing committees
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 three years after the
date of enactment of this Act, the Secretary of Education shall submit
an interim report on the progress of the study required by subsection
(a)(1) to the authorizing committees. Not later than seven years after
the date of enactment of this Act, the Secretary of Education shall
submit a final report, together with the recommendations required by
subsection (a)(2), to the authorizing committees.
SEC. 1113. 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 (20 U.S.C. 1070 et seq.) 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, needs 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.--In this section--
(1) the term ``Secretary'' means the Secretary of Education;
and
(2) 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. 1114. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.
(a) Study.--The Comptroller General of the United States 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 (20 U.S.C. 1087kk et seq.).
(b) Study Components.--The study conducted under subsection (a)
shall identify and evaluate the needs analysis formula under part F of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.)
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 of 1965;
(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, the Comptroller General of the United States shall report to
the authorizing committees on the results of the study conducted under
this section.
SEC. 1115. 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 for programs that could 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 enactment of
this Act, the Secretary of Education, in consultation with the Office
of Management and Budget, shall submit to the authorizing committees a
report related to the findings of the study conducted under subsection
(a).
SEC. 1116. STUDY ON TEACHING STUDENTS WITH READING DISABILITIES.
(a) Independent Evaluation.--The Secretary of Education shall enter
into an agreement with the Center for Education of the National
Academies for a scientifically-based study of the quality of teacher
education programs--
(1) to determine if teachers are adequately prepared to meet
the needs of students with reading and language processing
disabilities, including dyslexia; and
(2) to determine 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 reading degree programs of teacher
education programs; and
(2) the extent to which the content of the reading degree
programs are based on--
(A) the essential components 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, including dyslexia, and the extent to
which such strategies are effective in preventing reading
failure before it occurs.
(c) Scope.--The Director of the Center for Education of the
National Academy of Sciences shall select for participation in the
study 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 Director of the Center for
Education of the National Academy of Sciences shall submit to the
authorizing committees and the Secretary of Education--
(1) an interim report regarding the study under subsection (a)
not later than one year after the date the Center for Education of
the National Academies enters into an agreement with the Secretary
of Education under this section; and
(2) a final report summarizing the findings, conclusions, and
recommendations of such study not later than two years after the
date the Center for Education of the National Academies enters into
such agreement.
(e) Task Force.--
(1) Establishment.--Upon submission of the final report under
subsection (d)(2), the Secretary of Education shall establish a
task force to make policy recommendations to the Secretary
regarding the findings of the report.
(2) Membership.--The membership of the task force established
under paragraph (1) shall include chief State school officers,
State reading consultants, master teachers, national reading
experts, and researchers with expertise in relevant fields.
(3) Public hearings.--The task force established under
paragraph (1) shall hold public hearings to provide an opportunity
for public comment on the recommendations made under paragraph (1).
SEC. 1117. REPORT ON INCOME CONTINGENT REPAYMENT THROUGH THE INCOME TAX
WITHHOLDING SYSTEM.
(a) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Education and the Secretary of the Treasury
shall conduct a study to determine the feasibility and benefits of
developing a system through which a borrower who is repaying a loan
through the income contingent repayment plan or the income-based
repayment program may make payments on the loan using the income tax
withholding system (referred to in this section as ``direct IDEA
loans''). The goal of this program would be to--
(1) streamline the repayment process and provide greater
flexibility for borrowers electing to use the direct IDEA loan;
(2) reduce the number of loan defaults by borrowers; and
(3) reduce the redundancy in reporting information pertaining
to income contingent repayment and income-based repayment to the
Department of Education, institutions, and applicants.
(b) Evaluations.--In conducting the study under subsection (a), the
Secretary of Education and the Secretary of the Treasury shall
evaluate--
(1) the feasibility of implementing direct IDEA loans by the
Department of Education and the Department of the Treasury;
(2) any advantages or disadvantages of direct IDEA loans on
borrowers and taxpayers;
(3) the program structure necessary to administer direct IDEA
loans; and
(4) whether the repayment programs that implement income
contingent and income-based repayment collected through revenue
services, such as programs in England, Australia, and New Zealand,
could be effective in collecting loan payments under the income
contingent and income-based repayment options in the United States.
(c) Recommendations.--Not later than one year after the date of
enactment of this Act, the Secretary of Education and the Secretary of
the Treasury shall provide a report on the study conducted under
subsection (a) to Congress. The report shall include recommendations
based on the factors examined in subsection (b) for implementing direct
IDEA loans, including the necessary statutory changes needed to
implement such repayment option.
SEC. 1118. DEVELOPING ADDITIONAL MEASURES OF DEGREE COMPLETION.
(a) In General.--The Secretary of Education, in coordination with
the Commissioner for Education Statistics and after consultation with
representatives from diverse institutions of higher education,
students, experts in the field of higher education policy, State higher
education officials, and other stakeholders in the higher education
community, shall issue a report with recommendations to Congress about
alternatives ways to measure and report degree or program completion
rates for institutions of higher education receiving funds under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(b) Measures to Take Into Consideration.--The alternative measures
described in subsection (a) shall consider--
(1) the number of degrees awarded and the increase in number of
degrees awarded disaggregated by race, ethnicity, gender, and
income for all students who have earned a degree; and
(2) the increase in degrees awarded in high-need fields such as
science, technology, engineering, mathematics, education, and
nursing.
SEC. 1119. STUDY ON THE FINANCIAL AND COMPLIANCE AUDITS OF THE FEDERAL
STUDENT LOAN PROGRAM.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United States
shall complete a study to examine all the financial and compliance
audits and reviews required or conducted as part of the proper
management of the Federal student loan programs under parts B and D of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.
and 1087a et seq.), whether each such audit or review is required under
a law or is otherwise performed in order to evaluate a program.
(b) Content of Study.--
(1) Comparison of audits and reviews under parts b and d of
title iv.--As part of the study under subsection (a), the
Comptroller General of the United States shall compare the audits
and reviews of programs under parts B and D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et
seq.) for purposes of--
(A) determining whether such audits and reviews are
comparable among programs;
(B) determining whether such audits and reviews result in a
level of protection of borrower interests and of Federal fiscal
interests that is comparable for each program; and
(C) determining the extent to which the Department of
Education ensures timely submission of required financial and
compliance audits and reviews and compliance with statutory and
regulatory requirements.
(2) Additional content of study.--The study under subsection
(a) shall--
(A) provide a list of the financial and compliance audits
and reviews required or conducted as part of the proper
management of the Federal student loan programs under parts B
and D of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq. and 1087a et seq.);
(B) determine the frequency of each audit and review;
(C) provide a list of the entities and activities that are
the subject of each audit and review, including institutions of
higher education, servicers, secondary markets, guaranty
agencies, the Department of Education and the contractors of
the Department of Education, and any other entities that are
required to participate in the audit or review;
(D) determine the degree of individual borrower level
reconciliation required under Federal student loan programs
under such parts B and D of title IV;
(E) make recommendations with respect to such audits and
reviews to ensure--
(i) such audits and reviews are comparable among
Federal student loan programs under such parts B and D of
title IV; and
(ii) a level of protection of borrower interests and of
Federal fiscal interests that is comparable for Federal
student loan programs under such parts B and D of title IV,
to the extent such comparability does not exist; and
(F) assess the extent to which the Department of Education
makes appropriate use of such financial and compliance audits
and reviews in the Department's administration and oversight of
the Federal student loan programs under such parts B and D of
title IV.
SEC. 1120. SUMMIT ON SUSTAINABILITY.
Not later than September 30, 2010, 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.
SEC. 1121. NURSING SCHOOL CAPACITY.
(a) Findings.--Congress finds the following:
(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 enter into an agreement
with the Institute of Medicine of the National Academy of Sciences
to conduct 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
paragraph will include information on the following:
(A) The trends in applications for attendance at schools of
nursing that are relevant to the purpose of the study,
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 for not pursuing faculty positions,
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--
(i) entry-level graduates of the schools of nursing are
satisfied with their educational preparation, including
their participation in nurse externships, internships, and
residency programs; and
(ii) such entry-level graduates 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.--The Institute of Medicine may include in
the recommendations developed under paragraph (1)(B)
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
paragraph will consider the perspectives of--
(i) nurses and physicians in each of the various types
of inpatient, outpatient, and residential facilities in the
health care delivery system;
(ii) faculty and administrators of schools of nursing;
(iii) providers of health plans or health insurance;
and
(iv) 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 paragraph, including 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 enactment of this section, the Institute of Medicine
shall submit a report providing the findings and recommendations
made in the study under this section to the Secretary and the
authorizing committees.
(6) Other organization.--If the Institute of Medicine 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.--In this section:
(1) Terms in public health service act.--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 (42 U.S.C. 296).
(2) School of nursing.--The term ``school of nursing'' means a
collegiate school of nursing, an associate degree school of
nursing, or a diploma school of nursing in a State.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Education.
SEC. 1122. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.
(a) Definitions.--In this section:
(1) Historically black college or university.--The term
``historically Black college or university'' has the meaning given
the term ``part B institution'' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(2) Truth in lending act.--The terms ``covered educational
institution'' and ``private education loan'' have the meanings
given the terms in section 140 of the Truth in Lending Act, as
added by title X.
(b) Study.--The Comptroller General of the United States shall
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 education loans;
(2) to examine whether and to what extent the inclusion of such
nonindividual factors--
(A) increases access to private education loans for
borrowers who lack credit history or results in less favorable
rates for such borrowers; and
(B) affects the types of private education 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
and institutions of higher education; 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 education loans, based on gender, race, income level,
and covered educational institution.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study required by this section.
SEC. 1123. FEASIBILITY STUDY FOR STUDENT LOAN CLEARINGHOUSE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study of the feasibility of developing a national
student loan clearinghouse on the website of the Department of
Education 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 (20 U.S.C. 1071 et seq. and 1087a et
seq.) and private education loans (as defined in section 140 of the
Truth in Lending 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) 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 consumer reporting agencies.
(3) Options concerning the establishment and ongoing
maintenance of such a system, including whether such a system
should be operated by one or more entities, and methods to finance
such a system at no or minimal cost to consumers and the
Government.
(4) Other features that could help prospective borrowers make
informed decisions in selecting lenders from whom to obtain Federal
and private education loans.
(b) Consultation.--In conducting the study under subsection (a),
the Comptroller General of the United States shall consult with--
(1) the Secretary of Education;
(2) the Federal Trade Commission;
(3) representatives of student loan borrowers;
(4) representatives from institutions of higher education,
including financial aid administrators, registrars, business
officers, and student affairs officials;
(5) Federal and private educational lenders (as defined in
section 140 of the Truth in Lending Act), loan servicers, and
guaranty agencies; and
(6) other appropriate entities with relevant experience.
(c) Report.--Not later than two years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the authorizing committees a report on the study conducted under
subsection (a).
SEC. 1124. STUDY ON DEPARTMENT OF EDUCATION OVERSIGHT OF INCENTIVE
COMPENSATION BAN.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study of efforts by the Secretary of Education to
enforce the provisions of section 487(a)(20) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(20)); and
(2) submit to the authorizing committees a report that provides
the results of such study.
(b) Content of Report.--The report submitted under subsection (a)
shall include--
(1) an analysis of the nature, extent, and effectiveness of the
Secretary of Education's activities to enforce the provisions of
section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(20));
(2) the number of institutions of higher education for which
investigations were initiated by the Secretary for potential
violations of such section since 1998;
(3) in cases where violations of such section by institutions
of higher education were substantiated by the Secretary--
(A) the names of such institutions;
(B) the nature of the violations; and
(C) the penalty, if any, imposed by the Secretary for such
violations;
(4) an analysis of the impact of the ``safe harbor''
regulations under section 668.14(b)(22)(ii)(A) through (L) of title
34, Code of Federal Regulations, promulgated under such section
487(a)(20), on the number and nature of cases examined by the
Secretary for potential violations of such section 487(a)(20),
including whether the number of cases examined by the Secretary has
increased or decreased since such regulations went into effect;
(5) information on the extent to which the Secretary has
considered efforts by States to examine unethical or unlawful
student recruitment or admissions practices by institutions of
higher education, including practices that violate the provisions
of such section 487(a)(20); and
(6) information on the extent to which the Secretary reviews
publicly-available documents, such as filings to the Securities and
Exchange Commission, to monitor the compliance of institutions of
higher education with the provisions of such section 487(a)(20).
SEC. 1125. DEFINITION OF AUTHORIZING COMMITTEES.
For purposes of this title, the term ``authorizing committees'' has
the meaning given such term in section 103 of the Higher Education Act
of 1965, as amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.