110 HR 4137 RH: Private Student Loan Transparency and Improvement Act of 2007 U.S. House of Representatives 2007-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 305 110th CONGRESS 1st Session H. R. 4137 [Report No. 110–500, Part 1] IN THE HOUSE OF REPRESENTATIVES November 9, 2007 Mr. George Miller of California (for himself and Mr. Hinojosa) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Science and Technology, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned December 19, 2007 Additional sponsors: Mr. Sarbanes, Mr. Davis of Illinois, Mrs. McCarthy of New York, Mr. Hare, Ms. Hirono, Mr. Tierney, Mr. Payne, Mr. Courtney, Mrs. Davis of California, Mr. Yarmuth, Mr. Wu, Ms. Shea-Porter, Mr. Scott of Virginia, Ms. Woolsey, Ms. Clarke, Mr. Bishop of New York, Mr. Van Hollen, Mr. Altmire, Mr. Engel, Mr. Cohen, Ms. McCollum of Minnesota, Mr. Grijalva, Mr. Kildee, Mr. Honda, Mr. Loebsack, Mr. Sherman, Mrs. Napolitano, and Mr. Crowley December 19, 2007 Reported from the Committee on Education and Labor with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic December 19, 2007 Committees on the Judiciary, Science and Technology, and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on November 9, 2007 A BILL To amend and extend the Higher Education Act of 1965, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the College Opportunity and Affordability Act of 2007. (b)

Table of contents

Sec. 1. Short title; table of contents. Sec. 2. References; Effective date. Title I—TITLE I AMENDMENTS Sec. 101. Definitions of institution of higher education. Sec. 102. Additional definitions. Sec. 103. Treatment of territories and territorial student assistance. Sec. 104. National Advisory Committee on Institutional Quality and Integrity. Sec. 114. National Advisory Committee on Institutional Quality and Integrity. Sec. 105. Drug and alcohol abuse prevention. Sec. 106. Prior rights and obligations. Sec. 107. Improved information concerning the Federal student financial aid website. Sec. 108. State commitment to affordable college education. Sec. 132. State commitment to affordable college education. Sec. 109. Transparency in college tuition for consumers. Sec. 133. Transparency in college tuition for consumers. Sec. 110. Textbook information. Sec. 134. Textbook information. Sec. 111. Database of student information prohibited. Sec. 135. Database of student information prohibited. Sec. 112. Institution and lender reporting and disclosure requirements. Part E—Lender and institution requirements relating to educational loans Sec. 151. Definitions. Sec. 152. Requirements for lenders and institutions participating in preferred lender arrangements. Sec. 153. Interest rate report for institutions and lenders participating in preferred lender arrangements. Sec. 154. Private educational loan disclosure requirements for covered institutions. Sec. 155. Integrity provisions. Sec. 156. Compliance and enforcement. Sec. 157. Student loan counseling. Sec. 113. Feasibility study for national electronic student loan marketplace. Title II—TITLE II REVISION Sec. 201. Revision of title II. Title II—Teacher Quality Enhancement Sec. 200. Definitions. Sec. 200A. Rule of Construction. Part A—Teacher quality partnership grants Sec. 201. Purposes; Definitions. Sec. 202. Partnership grants. Sec. 203. Administrative provisions. Sec. 204. Accountability and evaluation. Sec. 205. Accountability for programs that prepare teachers. Sec. 206. Teacher development. Sec. 207. State functions. Sec. 208. General provisions. Sec. 209. Authorization of appropriations. Part B—Preparing Teachers for Digital Age Learners Sec. 221. Program authorized. Sec. 222. Uses of Funds. Sec. 223. Application requirements. Sec. 224. Evaluation. Sec. 225. Authorization of appropriations. Part C—Enhancing Teacher Education Sec. 240. Authorization of appropriations. Subpart 1—Recruiting teachers with math, science, or language majors Sec. 241. Program authorized. Subpart 2—Community colleges as partners in teacher education grants Sec. 251. Grants to community colleges. Sec. 252. Definitions. Subpart 3—Honorable Augustus F. Hawkins Centers of Excellence Sec. 261. Definitions. Sec. 262. Augustus F. Hawkins Centers of excellence. Subpart 4—Teach for America Sec. 271. Teach for America. Subpart 5—Early childhood education professional development and career task force Sec. 281. Purpose. Sec. 282. Definition of early childhood education program. Sec. 283. Grants authorized. Sec. 284. State task force establishment. Sec. 285. State task force activities. Sec. 286. State application and report. Sec. 287. Evaluations. Sec. 202. National Academy of Sciences study of best practices in teacher preparation. Title III—TITLE III AMENDMENTS Sec. 301. Program purpose. Sec. 302. Title III grants for American Indian Tribally Controlled Colleges and Universities. Sec. 303. Predominantly Black Institutions. Sec. 318. Predominantly Black Institutions. Sec. 304. Assistance to Asian American and Native American Pacific Islander-serving institutions. Sec. 319. Asian American and Native American Pacific Islander-serving institutions. Sec. 305. Native American-serving, nontribal institutions. Sec. 320. Native American-serving, nontribal institutions. Sec. 306. Strengthening Historically Black Colleges and Universities. Sec. 307. Endowment Challenge Grants. Sec. 308. Limitations on Federal insurance for bonds issued by the designated bonding authority. Sec. 309. Programs in STEM fields. Subpart 2—Programs in STEM fields Sec. 355. YES Partnerships grant program. Sec. 356. Promotion of entry into STEM fields. Sec. 357. Evaluation and Accountability Plan. Sec. 310. Technical assistance. Sec. 311. Waiver authority. Sec. 312. Authorization of appropriations. Sec. 313. Technical corrections. Title IV—TITLE IV AMENDMENTS Part A—PART A AMENDMENTS Sec. 401. Federal Pell Grants. Sec. 402. Federal TRIO Programs. Sec. 403. GEARUP Amendments. Sec. 404. Academic Achievement Incentive Scholarships. Sec. 405. Federal Supplemental Educational Opportunity Grants. Sec. 406. Grants for access and persistence. Sec. 415E. Grants for access and persistence. Sec. 407. Special programs for students whose families are engaged in migrant and seasonal farmwork. Sec. 408. Robert C. Byrd Honors Scholarship Program. Subpart 6—Robert C. Byrd American Competitiveness Program Sec. 419A. Robert C. Byrd mathematics and science honors scholarship program. Sec. 419B. Mathematics and science incentive program. Sec. 419C. Foreign Language Partnerships. Sec. 419D. Authorization of appropriations. Sec. 409. Child care access means parents in school. Sec. 410. Learning Anytime Anywhere Partnerships. Sec. 411. TEACH Grants. Sec. 420P. Program evaluation. Part B—Federal Family Education Loans Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance. Sec. 422. Federal Interest Subsidies. Sec. 423. Student loan information. Sec. 424. Consolidation loan disclosure. Sec. 425. Loan forgiveness for service in areas of national need. Sec. 428K. Loan forgiveness for service in areas of national need. Sec. 426. Loan repayment for civil legal assistance attorneys. Sec. 428L. Loan repayment for civil legal assistance attorneys. Sec. 427. Settlement of claims. Sec. 428. Delinquency prevention, default aversion, and consumer education information programs. Sec. 433A. Delinquency prevention, default aversion, and consumer education information programs. Sec. 429. Definition of eligible lender. Sec. 430. Cohort default rates. Sec. 431. Disability determinations. Part C—College Work/Study Sec. 441. Reauthorization. Sec. 442. Additional funds for off-campus community service. Sec. 443. Work Colleges. Part D—Federal Direct Student Loans Sec. 451. Reauthorization. Sec. 452. Public service job definition. Sec. 453. Identity fraud protection. Sec. 454. Direct loan program audit and reporting requirements. Part E—Perkins Loans Sec. 461. Extension of authority. Sec. 462. Allowance for books and supplies. Sec. 463. Agreements with institutions. Sec. 464. Perkins loan terms and conditions. Sec. 465. Cancellation for public service. Part F—Need Analysis Sec. 471. Cost of attendance. Sec. 472. Discretion to make adjustments for nursing home expenses. Sec. 473. Definitions. Part G—General Provisions Sec. 481. Compliance calendar. Sec. 482. Improvements to paper and electronic forms and processes. Sec. 483. Increasing access to technology. Sec. 484. Sense of the Congress; Report. Sec. 485. Student eligibility. Sec. 486. Assessment of costs and other charges. Sec. 487. Readmission requirements for servicemembers. Sec. 488. Institutional and financial assistance information for students. Sec. 489. Articulation agreements. Sec. 486A. Articulation agreements. Sec. 490. Program participation agreements. Sec. 491. Regulatory relief and improvement. Sec. 492. Advisory Committee on Student Financial Assistance. Sec. 493. Negotiated rulemaking. Sec. 494. Technical amendment. Sec. 495. Campus-based digital theft prevention. Sec. 494. Campus-based digital theft prevention. Part H—Program integrity Sec. 496. Recognition of accrediting agency or association. Sec. 497. Accreditation Ombudsman. Sec. 497. Accreditation Ombudsman. Sec. 498. Program review and data. Sec. 499. Competitive loan auction pilot program evaluation. Title V—TITLE V AMENDMENTS Sec. 501. Postbaccalaureate opportunities for Hispanic Americans. Part B—Promoting Postbaccalaureate Opportunities for Hispanic Americans Sec. 511. Purposes. Sec. 512. Program authority and eligibility. Sec. 513. Authorized activities. Sec. 514. Application and duration. Title VI—TITLE VI AMENDMENTS Sec. 601. International and foreign language studies. Sec. 602. Business and international education programs. Sec. 603. Institute for International Public Policy. Sec. 621. Program for foreign service professionals. Sec. 604. Preparing for early foreign language instruction. Part D—PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION Sec. 631. Preparing for early foreign language instruction. Sec. 605. Evaluation, outreach, and dissemination. Sec. 642. Evaluation, outreach, and dissemination. Sec. 606. Student safety. Sec. 643. Student safety. Sec. 607. Science and technology advanced foreign language education grant program. Sec. 644. Science and technology advanced foreign language education grant program. Sec. 608. Reporting by Institutions. Sec. 645. Reporting by Institutions. Sec. 609. Federal foreign language education marketing campaign. Title VII—TITLE VII AMENDMENTS Sec. 701. Javits fellowship program. Sec. 702. Graduate assistance in areas of national need. Sec. 703. Thurgood Marshall legal educational opportunity program. Sec. 704. Patsy T. Mink Fellowship program. Subpart 4—Patsy T. Mink Fellowship Program Sec. 722. Patsy T. Mink Fellowships. Sec. 705. Fund for the improvement of postsecondary education. Sec. 706. Urban-serving research universities. Part C—Urban-serving research universities Sec. 751. Purpose; program authorized. Sec. 752. Application for urban-serving research university grants. Sec. 753. Allowable activities. Sec. 754. Definitions. Sec. 755. Authorization of appropriations. Sec. 707. Programs to ensure students with disabilities receive a quality higher education. Subpart 1—Quality higher education Subpart 2—National Technical Assistance Center; Commission on Accessible Materials; Programs to support improved access to materials Sec. 766. National Center. Sec. 766A. Establishment of advisory commission on accessible instructional materials in postsecondary education for students with disabilities. Sec. 766B. Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities. Sec. 766C. Authorization of appropriations. Subpart 3—Transition programs for students with intellectual disabilities into higher education; coordinating center Sec. 767. Purpose. Sec. 768. Definitions. Sec. 769. Model comprehensive transition and postsecondary programs for students with intellectual disabilities. Sec. 770. Coordinating center for technical assistance, evaluation, and development of accreditation standards. Sec. 770A. Authorization of appropriations. Sec. 708. Subgrants to nonprofit organizations. Sec. 709. Nursing education. Part F—Nursing Education Sec. 776. Additional capacity for R.N. students or graduate-level nursing students. Sec. 777. Nurse Faculty Pilot Project. Sec. 710. National study on higher education access and success for students with disabilities. Title VIII—ADDITIONAL PROGRAMS Sec. 801. Additional programs. Title VIII—ADDITIONAL PROGRAMS Sec. 800. Authorization of appropriations. Part A—Low Tuition Sec. 801. Incentives and rewards for low tuition. Part B—Cooperative Education Sec. 811. Statement of purpose; definition. Sec. 812. Reservations. Sec. 813. Grants for cooperative education. Sec. 814. Demonstration and innovation projects; training and resource centers; and research. Part C—College Partnership Grants Sec. 821. College Partnership Grants Authorized. Part D—Student Success Grants Sec. 826. Student success grants. Part E—Jobs to Careers Sec. 831. Grants to create bridges from jobs to careers. Part F—Project GRAD Sec. 836. Project GRAD. Part G—Improving college enrollment by secondary schools Sec. 841. Improving college enrollment by secondary schools. Part H—Diploma Mill Prevention Sec. 851. Purpose; Definitions. Sec. 852. Recognized accrediting agencies and institutions. Sec. 853. Accrediting agencies. Sec. 854. Task Force. Sec. 855. Sense of the Congress regarding use by States of the Federal Plan as guidelines. Sec. 856. Unfair and deceptive acts and practices regarding diplomas and professional certifications. Part I—Student safety and campus emergency management Sec. 861. Student safety and campus emergency management. Sec. 862. Model emergency response policies, procedures, and practices. Sec. 863. Preparation for future disasters plan by the Secretary. Sec. 864. Education disaster and emergency relief loan program. Sec. 865. Guidance on mental health disclosures for student safety. Part J—Rural Development Grants for Rural Colleges and Universities Sec. 871. Purpose. Sec. 872. Definitions. Sec. 873. Ensuring college access for rural high school graduates. Sec. 874. Economic development partnerships. Sec. 875. Quality of life in rural areas. Sec. 876. Allocation of appropriations. Part K—Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students Sec. 880. Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students. Part L—National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics Sec. 881. National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics. Part M—Training for Realtime Writers Sec. 882. Program to promote training and job placement of realtime writers. Part N—Centers of Excellence for Veteran Student Success Sec. 883. Model Programs for Centers of Excellence for Veteran Student Success. Part O—University Sustainability Programs Subpart 1—Sustainability Planning Grants Sec. 884. Grants authorized. Subpart 2—Summit on sustainability Sec. 885. Summit on sustainability. Part P—Modeling and Simulation programs Sec. 886. Modeling and Simulation. Part Q—Business Workforce Partnerships Sec. 887. Grants to create business workforce partnerships. Sec. 802. Sense of the Congress; report. Sec. 803. Independent evaluation of distance education programs. Sec. 804. Encouraging colleges and universities to go green. Sec. 805. Study of costs of environmental, health, and safety standards. Sec. 806. Study of minority male academic achievement. Sec. 807. Study on bias in standardized tests. Sec. 808. Feasibility study on student loans. Sec. 809. Endowment report. Sec. 810. Study of Correctional Postsecondary Education. Sec. 811. National Undergraduate Fellows Program. Sec. 812. National Center for Learning Science and Technology Trust Fund. Sec. 813. GAO Study of education related indebtedness of medical school graduates. Title IX—AMENDMENTS TO OTHER LAWS Part A—Education of the Deaf Act of 1986 Sec. 901. Laurent Clerc National Deaf Education Center. Sec. 902. Agreement with Gallaudet University. Sec. 903. Agreement for the National Technical Institute for the Deaf. Sec. 904. Audit. Sec. 905. Reports. Sec. 906. Monitoring, evaluation, and reporting. Sec. 907. Liaison for educational programs. Sec. 908. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf. Sec. 909. Oversight and effect of agreements. Sec. 910. International students. Sec. 911. Research priorities. Sec. 912. National study on the education of the deaf. Sec. 913. Authorization of appropriations. Part B—INDIAN EDUCATION Subpart 1—Tribal Colleges and Universities Sec. 921. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978. Sec. 105. Technical assistance contracts. Title V—Tribally controlled postsecondary career and technical institutions Sec. 501. Definition of tribally controlled postsecondary career and technical institution. Sec. 502. Tribally controlled postsecondary career and technical institutions program. Sec. 503. Applicability of other laws. Sec. 504. Authorization of appropriations. Sec. 1. Short title. Subpart 2—Navajo Higher Education Sec. 931. Reauthorization of Navajo Community College Act. Part C—Higher Education Amendments of 1998; Higher Education Amendments of 1992 Sec. 941. Grants for training for incarcerated individuals. Part D—Grants for training for incarcerated individuals Sec. 821. Grants for improved workplace and community transition training for incarcerated individuals. Sec. 942. Underground railroad. Sec. 943. Repeals of Expired and Executed Provisions. Sec. 944. Olympic Scholarships. Sec. 945. Establishment of Assistant Secretary for International and Foreign Language Education. Sec. 207A. Office of international and foreign language education. Part D—Justice Department Programs Sec. 951. Loan repayment for prosecutors and defenders. Part JJ—Loan repayment for prosecutors and public defenders Sec. 3111. Grant authorization. Sec. 952. National center for campus public safety. Sec. 953. Private loan forgiveness. Part E—Stevenson-Wydler Technology Innovation Act of 1980 Sec. 961. Establishment of Program. Sec. 962. Authorization of appropriations. Title X—Private Student Loan Transparency and Improvement Sec. 1001. Short title. Sec. 1002. Definitions. Sec. 1003. Regulations. Sec. 1004. Effective dates. Subtitle A—Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest Sec. 1011. Amendment to the Truth in Lending Act.  140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest. Sec. 1012. Civil liability. Subtitle B—Improved disclosures for private educational loans Sec. 1021. Private educational loan disclosures and limitations. Sec. 1022. Application of Truth in Lending Act to all private educational loans. Subtitle C—Financial literacy Sec. 1031. Coordinated education efforts. Subtitle D—Study and report on nonindividual information Sec. 1041. Study and report on nonindividual information. Subtitle E—Incentives For low-cost educational loans Sec. 1051. CRA credit for low-cost educational loans.

2.

References; Effective date

(a)

References

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

Effective date

Except as otherwise provided in this Act or the amendments made by this Act, the amendments made by this Act shall be effective on the date of enactment of this Act.

.

202.

National Academy of Sciences study of best practices in teacher preparation

(a)

In general

The Secretary shall enter into a contract with the National Academy of Sciences to conduct a 2-year study to develop suggested best practices in teacher preparation for departments, schools, and colleges of education. Such best practices shall include recommendations to improve teaching skills, including skills related to working with diverse populations. (b)

Best research; suggested training

The suggested best practices developed under subsection (a) shall reflect the best research into how students learn and on the content-specific methods shown to be effective with students, including examining how children learn. The suggested best practices shall include suggested training for general and special education teachers in working with diverse populations, utilizing the principles of universal design for learning, assessments in the classroom, and classroom management. (c)

Collaboration

(1)

In general

In conducting the study under subsection (a), the National Academy of Sciences shall collaborate with interested parties in developing the suggested best practices. (2)

Interested parties

In this subsection, the term interested parties means— (A)college presidents; (B)deans of arts and sciences and teacher education programs; (C)teacher preparation faculty; (D)chief State school officers; (E)school superintendents; (F)teacher organizations; (G)outstanding teachers and principals; (H)teacher preparation accrediting organizations; (I)individuals or organizations with expertise in working with diverse populations, including students with disabilities and limited English proficient students; and (J)other organizations with expertise in teacher recruitment and training. (d)

Prohibition

Nothing in this section shall be construed to authorize the National Academy of Sciences to recommend, or any other Federal Government entity or contractor to mandate, direct, control, or suggest, a specific curriculum for teacher education programs.

.

802.

Sense of the Congress; report

(a)

Sense of Congress

It is the sense of the Congress that— (1)in order to provide the borrowers of Federal student loans with the option of converting their loans to income contingent repayment by providing direct loans for the discharge of such loans (in this section referred to as direct IDEA loans), the Secretary of Education and the Secretary of the Treasury will work together to develop a process by which the borrower will make payments on such loan using the income tax withholding system and will make appropriate adjustments to his or her withholding or estimated tax payments for such purposes; (2)the Secretaries should determine— (A)whether such a repayment option would be beneficial to borrowers and taxpayers; and (B)how such program would be implemented by the Departments of Education and Treasury; and (3)this process would— (A)streamline the repayment process and provide greater flexibility for borrowers electing to use the direct IDEA loan; (B)significantly reduce the number of loan defaults by borrowers; and (C)significantly reduce the redundancy in reporting information pertaining to income contingent repayment to the Department of Education, institutions, and applicants. (b)

Report

The Secretaries of Education and the Treasury shall, within one year after the date of enactment of this Act— (1)provide the Congress with information on the progress in devising the direct IDEA loan with income contingent repayment using the income tax withholding system; (2)inform the Congress of any necessary statutory changes for the purpose of establishing a direct IDEA loan with income contingent repayment using the income tax withholding system; and (3)consider international programs demonstrating implementation of income contingent repayment collected through revenue services, such as programs in England, Australia, and New Zealand.

803.

Independent evaluation of distance education programs

(a)

Independent evaluation

The Secretary of Education shall enter into an agreement with the National Academy of Sciences to conduct a scientifically correct and statistically valid evaluation of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher education. Such evaluation shall include— (1)identification of the elements by which the quality of distance education, as compared to campus-based education, can be assessed, including elements such as subject matter, interactivity, and student outcomes; (2)identification of distance and campus-based education program success, with respect to student achievement, in relation to the mission of the institution of higher education; and (3)identification of the types of students (including classification of types of students based on student age) who most benefit from distance education programs, the types of students who most benefit from campus-based education programs, and the types of students who do not benefit from distance education programs, by assessing elements including access to higher education, job placement rates, undergraduate graduation rates, and graduate and professional degree attainment rates. (b)

Scope

The National Academy of Sciences shall select for participation in the evaluation under subsection (a) a diverse group of institutions of higher education with respect to size, mission, and geographic distribution. (c)

Interim and Final Reports

The agreement under subsection (a) shall require that the National Academy of Sciences submit to the authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)— (1)an interim report regarding the evaluation under subsection (a) not later than December 31, 2008; and (2)a final report regarding such evaluation not later than December 31, 2010.

804.

Encouraging colleges and universities to go green

(a)

Findings

The Committee on Education and Labor of the House of Representatives makes the following findings: (1)A commitment to and academic programs for environmental and economic sustainability are essential for our Nation’s future prosperity. (2)The more than 4,200 higher education institutions in the United States have the capacity to innovatively leverage spending and change consumption patterns by incorporating concepts of sustainability into their academic programs and by modeling sustainable economic and environmental practices for their communities. (3)Many colleges and universities have interdisciplinary programs or centers focusing on equipping students with the academic content knowledge needed to understand concepts of sustainability and going green. (4)Many colleges and universities have programs related to the research of sustainability and sustainable systems. (5)Academic programs related to sustainability vary in rigor because no national education content standards for academic sustainability programs currently exist. (6)Colleges and universities may partner with businesses to encourage students and faculty to translate academic learning and research into practical solutions that promote sustainability. (7)Colleges and universities that make an effort to reduce energy consumption and promote environmental sustainability not only reduce their own emissions, but also motivate the leaders of the next generation to action and create technical skills and resources to develop innovative solutions. (8)Many colleges and universities have undertaken detailed, campus-wide assessments of their progress toward going green and sustainability or have measured their progress in specific sectors, such as operations, or specific parameters, such as recycling, energy, and water consumption. (9)No system that evaluates and compares college and university campuses in terms of overall sustainability-related academic programs and practices currently exists. (b)

Sense of the committee on education and labor

It is the sense of the Committee on Education and Labor that in order to encourage increased public awareness of the need to go green by using sustainable economic and environmental practices and rigorous sustainability academic programs on college and university campuses, the following should be encouraged: (1)The development of educational standards by institutions of higher education to determine the necessary rigor and effectiveness of academic sustainability programs. (2)Public awareness of the need for going green by using sustainable economic and environmental practices. (3)Non-governmental efforts to improve economic and environmental sustainability efforts on college and university campuses, including holding national summits to share best practices. (4)Collaborative partnerships between Federal agencies, businesses, universities and communities to broaden sustainability practices.

805.

Study of costs of environmental, health, and safety standards

(a)

Study

The Secretary of Education shall commission the National Research Council to conduct a national study to determine the viability of developing and implementing standards in environmental, health, and safety areas to provide for differential regulation of industrial laboratories and facilities, on the one hand, and research and teaching laboratories on the other. The National Research Council shall make specific recommendations for statutory and regulatory changes that are needed to develop such a differential approach. (b)

Report

The Secretary of Education shall submit the list of those regulations that impose the greatest compliance costs on institutions of higher education and make recommendations for statutory changes to ease the compliance burden to the authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

806.

Study of minority male academic achievement

(a)

Study required

The Secretary of Education shall— (1)commission and ensure the conduct of a national study of underrepresented minority males, particularly African American and Hispanic American males, completing high school, and entering and graduating from colleges and universities in accordance with the following: (A)the data comprising the study shall focus primarily on African American and Hispanic American males and will utilize existing data sources; (B)the study shall focus on high school completion and preparation for college, success on the SAT and ACT, and minority male access to college, including the financing of college, and college persistence and graduation; and (C)the implementation of the study shall be in four stages based on the recommendations of the Commissioner of Education Statistics; and (2)make specific recommendations to the Congress and State superintendents of education on new approaches to increase— (A)the number of minority males successfully preparing themselves for college study; (B)the number of minority males graduating from high school and entering college; and (C)the number of minority males graduating from college and entering careers in which they are underrepresented. (b)

Submission of the Report

Not later than 4 years after the date of enactment of this section, the Secretary shall submit a report on the study required by subsection (a)(1), together with the recommendations required by subsection (a)(2), to the authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)).

807.

Study on bias in standardized tests

(a)

Study

The Comptroller General shall conduct a study to identify any race, ethnicity, and gender biases present in the design of standardized tests that are used for admission to institutions of higher education. (b)

Data available to the public

Any data collected and used for the study under subsection (a) shall be made publicly available, except that such data shall not be made available in any manner that reveals personally identifiable information relating to any individual. (c)

Report

Not later than one year after date of the enactment of this Act, the Comptroller General shall issue an interim report to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) related to the progress of the study under subsection (a).

808.

Feasibility study on student loans

(a)

Study required

The Congressional Budget Office shall conduct a study on the feasibility of allowing borrowers in repayment of student loans made under the Higher Education Act of 1965 the option of selecting or renegotiating a fixed or variable interest rate on their loans and the repayment period of such loans. The study shall evaluate various scenarios and options and take into consideration the costs to the government, lenders and borrowers of allowing such an option as well as the impact on service quality. (b)

Report

The Congressional Budget Office shall submit a report on the study required by this section to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) not later than one year after the date of the enactment of this Act.

809.

Endowment report

(a)

Analysis of endowments

The Secretary of Education shall conduct a study on the amounts, uses, and public purposes of the endowments of institutions of higher education. The study shall include information (disaggregated by types of institution) describing— (1)the average and range of— (A)the outstanding balance of such endowments; (B)the growth of such endowments over the last 10 years; and (C)the percentage of spending on an annual basis and, to the extent practicable, the uses of such endowments by the institutions; and (2)the extent to which the funds in such endowments are restricted, and the restrictions placed upon such funds. (b)

Submission of report

The Secretary shall submit the report required by subsection (a) to the authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) not later than one year after the date of enactment of this Act.

810.

Study of Correctional Postsecondary Education

(a)

Study Required

The Secretary of Education shall— (1)conduct a longitudinal study to assess the effects of correctional postsecondary education that— (A)employs rigorous empirical methods that control for self-selection bias; (B)measures a range of outcomes, including those related to employment and earnings, recidivism, engaged citizenship, impact on families of the incarcerated, and impact on the culture of the correctional institution; (C)examines different delivery systems of postsecondary education, such as on-site and distance learning; and (D)includes a projected cost-benefit analysis of the Federal investment in terms of reduction of future offending, reduction of future prison costs (construction and operational), increased tax payments by formerly incarcerated individuals, a reduction of welfare and other social service costs for successful formerly incarcerated individuals, and increased costs from the employment of formerly incarcerated individuals; and (2)make specific recommendations to the Congress and the relevant State agencies responsible for correctional education, such as the State superintendents of education and State secretaries of corrections, on best approaches to increase correctional education and its effectiveness. (b)

Submission of Reports

Not later than 3 years after the date of enactment of this Act, the Secretary shall submit an interim report on the progress of the study required by subsection (a)(1) to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)). Not later than 7 years after the date of enactment of this Act, the Secretary shall submit a final report, together with the recommendations required by subsection (a)(3), to the authorizing committees.

811.

National Undergraduate Fellows Program

(a)

Program authorized

The Secretary is authorized to provide grants, on a competitive basis, to institutions of higher education (as defined in section 102) to support a National Undergraduate Fellows program. (b)

Purpose of grants

Grants under this section shall be provided to enable administrators (including student affairs administrators)— (1)to improve postsecondary degree completion rates of current underrepresented students through mentoring, a leadership institute, an internship, and funding to attend regional and national higher education administration conferences; (2)to increase the retention and success rates of not only current students, but future generations of underrepresented college students, by encouraging them to pursue a career in higher education or student affairs; and (3)to increase the quality and number of underrepresented higher education and student affairs administrators able to provide much needed student support services to students. (c)

Uses of Funds

Grantees under this section may use the funds to provide— (1)staffing support for the program, which may include a higher education administrator as a mentor; (2)summer internship opportunities focusing on higher education administration, at an institution other than their own; (3)a summer leadership institute participation opportunity for self reflection, leadership skill building, graduate school preparation, and career development; and (4)as needed, support to attend regional and national higher education conferences for additional leadership and professional development. (d)

On-going support for the Fellows Program

From the funds appropriated in section 800 of the Higher Education Act of 1965, the Secretary shall award a grant, on a competitive basis, to a national organization to enable such organization to support the establishment and ongoing work of the program under this section.

812.

National Center for Learning Science and Technology Trust Fund

(a)

Establishment

There is established a nonprofit corporation to be known as the National Center for Learning Science and Technology (referred to in this Act as the Center) which shall not be an agency or establishment of the United States Government. The Center shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–501 et seq.). (b)

Funding

(1)

In general

There is established in the Treasury a separate fund to be known as the National Center for Learning Science and Technology Trust Fund (referred to in this Act as the Trust Fund). The Trust Fund shall contain such amounts as are credited to the Trust Fund under paragraph (2) and other funds obtained under paragraph (3). (2)

Authorization of appropriations

There are authorized to be appropriated to the Trust Fund such sums as may be necessary for the fiscal years 2008 and each of the 4 succeeding fiscal years. (3)

Additional funds

The Trust Fund is authorized— (A)to accept funds from any Federal agency or entity; (B)to accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Center; and (C)to enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Center. (c)

Board of Directors; functions, and duties

(1)

In general

A board of directors of the Center (referred to in this Act as the Board) shall be established to oversee the administration of the Center. Such Board shall consist of 9 members to be appointed by the Secretary of Education, who— (A)reflect representation from the public and private sectors; and (B)shall provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Center. (2)

Organization and Operation

The board shall incorporate and operate the center in accordance with the laws governing tax exempt organizations in the District of Columbia. (d)

Trust Fund uses

(1)

Uses of funds

To achieve the objectives of this Act, the Director of the Center, after consultation with the Board, may use Trust funds— (A)to support basic and applied research development and demonstrations of innovative learning and assessment systems as well as the components and tools needed to create them; (B)to support the testing and evaluation of these systems; and (C)to encourage the widespread adoption and use of effective approaches to learning. (2)

Contracts and grants

(A)

In general

In order to carry out the activities described in paragraph (1), the Director of the Center, with the agreement of a majority of the members of the Board, may award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities and similar nonprofit organizations and public institutions (with or without private partners). (B)

Public domain

(i)

In general

The research and development properties and materials associated with a project in which a majority of the funding used to carry out the project is from a grant or contract under this Act shall be freely and nonexclusively available to the general public in a timely manner. (ii)

Exemption

The Director of the Center may exempt specific projects from the requirement of clause (i) if the Director of the Center and a majority of the members of the Board determine that the general public will benefit significantly due to the project not being freely and nonexclusively available to the general public in a timely manner. (C)

Peer review

To the extent practicable, proposals for grants or contracts shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Center from recommendations from the fields served and from the Board of Directors. (e)

Accountability and reporting

(1)

Report

(A)

In general

Not later than April 30 of each year, the Director of the Center shall prepare a report for the preceding fiscal year that contains the information described in subparagraph (B). (B)

Contents

A report under subparagraph (A) shall include— (i)a comprehensive and detailed report of the Center’s operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Center determines appropriate; (ii)a comprehensive and detailed inventory of funds distributed from the Trust Fund during the fiscal year for which the report is being prepared; and (iii)an independent audit of the Trust Fund’s finances and operations, and of the implementation of the goals established by the Board. (C)

Statement of the Board

Each report under subparagraph (A) shall include a statement from the Board containing— (i)a clear description of the plans and priorities of the Board for the subsequent 5-year period for expenditures from the Trust Fund; and (ii)an estimate of the funds that will be available for such expenditures from the Trust Fund. (D)

Submission to the President and Congress

A report under this subsection shall be submitted to the President and the authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)). (2)

Testimony

The Director and principal officers of the Center shall testify before the appropriate committees of Congress, upon request of such committees, with respect to— (A)a report prepared under paragraph (1)(A); and (B)any other matter that such committees may determine appropriate. (f)

Use of funds subject to appropriations

The authority to award grants, enter into contracts, or otherwise to expend funds under this section is subject to the availability of amounts deposited into the Trust Fund under subsection (b)(3)(A) or (B), or amounts otherwise appropriated for such purposes by an Act of Congress.

813.

GAO Study of education related indebtedness of medical school graduates

(a)

Study required

The Comptroller General shall conduct a study to evaluate the higher education related indebtedness of medical school graduates in the United States at the time of graduation. (b)

Deadline

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the study required by subsection (a) to the authorizing Committees (as such term is defined in section 103 of the Higher Education Act of 1965), and shall make the report widely available to the public. Additional reports may be periodically prepared and released as necessary.

. (2)

Conforming amendments

Section 117 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327) is amended— (A)by striking subsection (a) and inserting the following: (a)

Grant program

Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under— (1)title I of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or (2)the Navajo Community College Act (25 U.S.C. 640a et seq.).; and (B)by striking subsection (d) and inserting the following: (d)

Applications

To be eligible to receive a grant under this section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1802 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et seq.) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.. (k)

Short title

(1)

In general

The first section of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 note; Public Law 95–471) is amended to read as follows:

1.

Short title

This Act may be cited as the Tribally Controlled Colleges and Universities Assistance Act of 1978.

. (2)

References

Any reference in law (including regulations) to the Tribally Controlled College or University Assistance Act of 1978 shall be considered to be a reference to the Tribally Controlled Colleges and Universities Assistance Act of 1978. 2

Navajo Higher Education

931.

Reauthorization of Navajo Community College Act

(a)

Purpose

Section 2 of the Navajo Community College Act (25 U.S.C. 640a) is amended— (1)by striking Navajo Tribe of Indians and inserting Navajo Nation; and (2)by striking the Navajo Community College and inserting Diné 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 Diné 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 Diné 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 Diné College. (d)

Authorization of Appropriations

Section 5 of the Navajo Community College Act (25 U.S.C. 640c–1) is amended— (1)in subsection (a)— (A)in paragraph (1), by striking $2,000,000 and all that follows through the end of the paragraph and inserting such sums as are necessary for fiscal years 2008 through 2013.; and (B)by adding at the end the following: (3)Sums described in paragraph (2) shall be used to provide grants for construction activities, including the construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways).; (2)in subsection (b)(1)— (A)in the matter preceding subparagraph (A)— (i)by striking the Navajo Community College and inserting Diné College; and (ii)by striking , for each fiscal year and all that follows through for— and inserting such sums as are necessary for fiscal years 2008 through 2013 to pay the cost of—; (B)in subparagraph (A)— (i)by striking college and inserting College; (ii)in clauses (i) and (iii), by striking the commas at the end of the clauses and inserting semicolons; and (iii)in clause (ii), by striking , and at the end and inserting ; and; (C)in subparagraph (B), by striking the comma at the end and inserting a semicolon; (D)in subparagraph (C), by striking , and at the end and inserting a semicolon; (E)in subparagraph (D), by striking the period at the end and inserting ; and; and (F)by adding at the end the following: (E)improving and expanding the College, including by providing, for the Navajo people and others in the community of the College— (i)higher education programs; (ii)career and technical education; (iii)activities relating to the preservation and protection of the Navajo language, philosophy, and culture; (iv)employment and training opportunities; (v)economic development and community outreach; and (vi)a safe learning, working, and living environment.; and (3)in subsection (c), by striking the Navajo Community College and inserting Diné 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 Diné 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 Diné College.

C

Higher Education Amendments of 1998; Higher Education Amendments of 1992

941.

Grants for training for incarcerated individuals

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

Grants for training for incarcerated individuals

821.

Grants for improved workplace and community transition training for incarcerated individuals

(a)

Definition

In this section: (1)

Incarcerated individual

The term incarcerated individual means a male or female offender who is incarcerated in a State or Federal prison, including a prerelease facility. (2)

Secretary

The term Secretary means the Secretary of Education. (b)

Grant Program

The Secretary— (1)shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, and to the Federal Bureau of Prisons, to assist and encourage incarcerated individuals to acquire educational and job skills, through— (A)coursework to prepare students to take college-level courses, such as remedial math and English for postsecondary preparation; (B)the pursuit of a postsecondary education certificate, or an associate or bachelor's degree, provided by a regionally or nationally accredited body while in prison; and (C)employment counseling and other related services which start during incarceration and end not later than 1 year after release from confinement; and (2)may establish such performance objectives and reporting requirements for State correctional education agencies and the Federal Bureau of Prisons 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 or the Federal Bureau of Prisons shall submit to the Secretary a proposal for an incarcerated individual program that— (1)identifies the scope of the problem, including the number of incarcerated individuals in need of postsecondary education and vocational training; (2)lists the accredited public or private educational institution or institutions with campuses established outside the prison facility that will provide postsecondary preparatory or postsecondary educational services; (3)lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills; (4)describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (b)(2)) that the State correctional education agency or the Federal Bureau of Prisons will use in carrying out its proposal, including— (A)specific and quantified student outcome measures that are referenced to outcomes for non-program participants with similar demographic characteristics; and (B)measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of— (i)program completion, including an explicit definition of what constitutes a program completion within the proposal; (ii)knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment; (iii)attainment of employment both prior to and subsequent to release; (iv)success in employment indicated by job retention and advancement; and (v)recidivism, including such subindicators as time before subsequent offense and severity of offense; (5)describes how the proposed programs are to be integrated with existing State and Federal correctional education programs (such as adult education, graduate education degree programs, and vocational training) and State and Federal prison industry programs; and (6)describes how the proposed programs will have considered or will utilize technology to deliver the services under this section. (d)

Program Requirements

Each State correctional education agency and Federal Bureau of Prisons entity 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 and the Federal Bureau of Prisons; (B)any objectives or requirements established by the Secretary pursuant to subsection (b)(2); (C)the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4) as necessary to document the attainment of project performance objectives; and (D)how the funds provided under this section are being allocated among postsecondary preparatory education, postsecondary academic, and vocational education programs; and (2)provide to each State and the Federal Bureau of Prisons for each student eligible under subsection (e) not more than— (A)$3,000 annually for tuition, books, and essential materials; and (B)$300 annually for related services such as career development, substance abuse counseling, parenting skills training, and health education. (e)

Education Delivery Systems

State correctional education agencies, the Federal Bureau of Prisons, and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section. (f)

Length of participation

Services carried out with a grant under this section shall be available to incarcerated individuals as follows: (1)Educational services shall start during the period of incarceration or prerelease and shall end upon release. (2)Related services shall start during the period of incarceration or prerelease and may continue for not more than one year after release. (g)

Federal Bureau of Prisons grant eligibility

Notwithstanding any other provision of law, the Federal Bureau of Prisons shall be eligible to apply for and receive a grant under this section, provided that the Federal Bureau of Prisons meets the application and program requirements under this section. (h)

Allocation of Funds

(1)

States

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 ratio to such funds as the total number of incarcerated individuals in such State bears to the total number of such incarcerated individuals in all States. (2)

Federal Bureau of Prisons facilities

From the funds appropriated pursuant to subsection (h) for each fiscal year, the Secretary shall allot to each Federal Bureau of Prisons facility an amount that bears the same ratio to such funds as the total number of inmates in such facility bears to the total number of inmates in all Bureau of Prisons facilities. (i)

Authorization of Appropriations

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

.

942.

Underground railroad

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

943.

Repeals of Expired and Executed Provisions

The following provisions of the Higher Education Amendments of 1998 are repealed: (1)

Study of market mechanisms in federal student loan programs

Section 801 (20 U.S.C. 1018 note). (2)

Study of feasibility of alternate financial instruments for determining lender yields

Section 802. (3)

Student related debt study

Section 803 (20 U.S.C. 1015 note). (4)

Community scholarship mobilization

Part C of title VIII (20 U.S.C. 1070 note). (5)

Improving united states understanding of science, engineering, and technology in east asia

Part F of title VIII (42 U.S.C. 1862 note). (6)

Web-based education commission

Part J of title VIII.

944.

Olympic Scholarships

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

945.

Establishment of Assistant Secretary for International and Foreign Language Education

(a)

In general

Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)— (1)in subparagraph (E) by striking and at the end; (2)by redesignating subparagraph (F) as subparagraph (G); and (3)by inserting after subparagraph (E) the following: (F)an Assistant Secretary for International and Foreign Language Education; and. (b)

Functions

Such section is further amended by adding at the end the following: (j)The Assistant Secretary for International and Foreign Language Education— (1)shall be an individual with extensive background and experience in international and foreign language education; and (2)notwithstanding any other provision of law, shall report directly to the Secretary.. (c)

Conforming amendment

Such section is further amended in subsection (e)— (1)in paragraph (4), by adding and at the end; (2)in paragraph (5), by striking ; and at the end and inserting a period; and (3)by striking paragraph (6). (d)

Office of International and Foreign Language Education

Title II of the Department of Education Organization Act is amended by inserting after section 207 (20 U.S.C. 3417) the following:

207A.

Office of international and foreign language education

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

.

D

Justice Department Programs

951.

Loan repayment for prosecutors and defenders

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

Loan repayment for prosecutors and public defenders

3111.

Grant authorization

(a)

Purpose

The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. (b)

Definitions

In this section: (1)

Prosecutor

The term prosecutor means a full-time employee of a State or local agency who— (A)is continually licensed to practice law; and (B)prosecutes criminal or juvenile delinquency cases (or both) at the State or local level, including an employee who supervises, educates, or trains other persons prosecuting such cases. (2)

Public defender

The term public defender means an attorney who— (A)is continually licensed to practice law; and (B)is— (i)a full-time employee of a State or local agency who provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation; (ii)a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of such full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation; or (iii)employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both). (3)

Student loan

The term student loan means— (A)a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); (B)a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and (C)a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078–3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act. (c)

Program authorized

The Attorney General shall, subject to the availability of appropriations, establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who— (1)is employed as a prosecutor or public defender; and (2)is not in default on a loan for which the borrower seeks forgiveness. (d)

Terms of loan repayment

(1)

Borrower agreement

To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Attorney General that specifies that— (A)the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment; (B)if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; and (C)if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee’s estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government. (2)

Repayment by borrower

(A)

In general

Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. (B)

Merger

Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. (C)

Waiver

The Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest. (3)

Limitations

(A)

Student loan payment amount

Student loan repayments made by the Attorney General under this section shall be made subject to the availability of appropriations, and subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed— (i)$10,000 for any borrower in any calendar year; or (ii)an aggregate total of $60,000 in the case of any borrower. (B)

Beginning of payments

Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection. (e)

Additional agreements

(1)

In general

On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). (2)

Term

An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years. (f)

Award basis; priority

(1)

Award basis

The Attorney General shall provide repayment benefits under this section— (A)subject to the availability of appropriations; and (B)in accordance with paragraph (2), except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and defenders, and among employing entities nationwide. (2)

Priority

In providing repayment benefits under this section in any fiscal year, the Attorney General shall give priority to borrowers— (A)who, when compared to other eligible borrowers, have the least ability to repay their student loans (considering whether the borrower is the beneficiary of any other student loan repayment program), as determined by the Attorney General; or (B)who— (i)received repayment benefits under this section during the preceding fiscal year; and (ii)have completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). (g)

Regulations

The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (h)

Report by Inspector General

Not later than 3 years after the date of the enactment of this section, the Inspector General of the Department of Justice shall submit to Congress a report on— (1)the cost of the program authorized under this section; and (2)the impact of such program on the hiring and retention of prosecutors and public defenders. (i)

GAO Study

Not later than one year after the date of the enactment of this section, the Comptroller General shall conduct a study of, and report to Congress on, the impact that law school accreditation requirements and other factors have on the costs of law school and student access to law school, including the impact of such requirements on racial and ethnic minorities. (j)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2008 through 2013.

.

952.

National center for campus public safety

(a)

In general

The Attorney General of the United States is authorized to make grants, through the Office of Community Oriented Policing Services, to establish and operate a National Center for Campus Public Safety (referred to in this section as the Center). The Center shall— (1)provide quality education and training for campus public safety agencies and the agencies’ collaborative partners, including campus mental health agencies; (2)foster quality research to strengthen the safety and security of the institutions of higher education in the United States; (3)serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including the prevention of violence against persons and property and emergency response and evacuation procedures; (4)develop protocols, in conjunction with the Attorney General, the Secretary of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to prevent, protect against, respond to, and recover from, natural and man-made emergencies or dangerous situations involving an immediate threat to the health or safety of the campus community; (5)promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence; (6)coordinate campus safety information and resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations; (7)increase cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among law enforcement, mental health, and other agencies and jurisdictions serving institutions of higher education in the United States; (8)develop standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and (9)report annually to Congress and the Attorney General on activities performed by the Center during the previous 12 months. (b)

Coordination with available resources

In establishing the Center, the Attorney General shall— (1)consult with the Secretary of Homeland Security, the Secretary of Education, and the Attorneys General of each State; and (2)coordinate the establishment and operation of the Center with campus public safety resources that may already be available within the Department of Homeland Security and the Department of Education. (c)

Definition of institution of higher education

In this section, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (d)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $2,750,000 for each of the fiscal years 2008 and 2009 and such sums as may be necessary thereafter.

953.

Private loan forgiveness

Section 209 of title 18, United States Code, is amended by adding at the end the following new subsection: (i)This section does not prohibit— (1)a public or private institution of higher education from providing an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or providing forbearance of student loan repayment: Provided, that such repaying or providing forbearance— (A)is not provided exclusively to officers and employees of the executive branch of the United States Government, of any independent agency of the United States, and of the District of Columbia; and (B)is provided to any such officer or employee— (i)in accordance with a written, published policy of the institution relating to repaying or providing forbearance, respectively, for students who perform public service; and (ii)under the same terms and conditions as are available under such policy to other students of the institution who are performing public service and who qualify for such repayment or forbearance; and (2)an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia from receiving repayment or forbearance permitted under paragraph (1)..

E

Stevenson-Wydler Technology Innovation Act of 1980

961.

Establishment of Program

Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by inserting the following after subsection (b): (c)

Minority Serving Institution Digital and Wireless Technology Opportunity Program

(1)

In general

The Secretary shall establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible institutions in acquiring, and augmenting their use of, digital and wireless networking technologies to improve the quality and delivery of educational services at eligible institutions. (2)

Authorized activities

An eligible institution may use a grant, cooperative agreement, or contract awarded under this subsection— (A)to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure to further the objective of the Program described in paragraph (1); (B)to develop and provide training, education, and professional development programs, including faculty development, to increase the use of, and usefulness of, digital and wireless networking technology; (C)to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use digital and wireless networking technology in the classroom or instructional process, including instruction in science, mathematics, engineering, and technology subjects; (D)to obtain capacity-building technical assistance, including through remote technical support, technical assistance workshops, and distance learning services; and (E)to foster the use of digital and wireless networking technology to improve research and education, including scientific, mathematics, engineering, and technology instruction. (3)

Application and review procedures

(A)

In general

To be eligible to receive a grant, cooperative agreement, or contract under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used, including a description of any digital and wireless networking technology to be acquired, and a description of how the institution will ensure that digital and wireless networking will be made accessible to, and employed by, students, faculty, and administrators. The Secretary, consistent with subparagraph (C) and in consultation with the advisory council established under subparagraph (B), shall establish procedures to review such applications. The Secretary shall publish the application requirements and review criteria in the Federal Register, along with a statement describing the availability of funds. (B)

Advisory council

The Secretary shall establish an advisory council to advise the Secretary on the best approaches to encourage maximum participation by eligible institutions in the program established under paragraph (1), and on the procedures to review proposals submitted to the program. In selecting the members of the advisory council, the Secretary shall consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Secretary shall also consult with experts in digital and wireless networking technology to ensure that such expertise is represented on the advisory council. (C)

Review panels

Each application submitted under this subsection by an eligible institution shall be reviewed by a panel of individuals selected by the Secretary to judge the quality and merit of the proposal, including the extent to which the eligible institution can effectively and successfully utilize the proposed grant, cooperative agreement, or contract to carry out the program described in paragraph (1). The Secretary shall ensure that the review panels include representatives of minority serving institutions and others who are knowledgeable about eligible institutions and technology issues. The Secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application. The Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, or contract to an eligible institution. (D)

Information dissemination

The Secretary shall convene an annual meeting of eligible institutions receiving grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities among eligible institutions. (E)

Matching requirement

The Secretary may not award a grant, cooperative agreement, or contract to an eligible institution under this subsection unless such institution agrees that, with respect to the costs incurred by the institution in carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make available, directly, or through donations from public or private entities, non-Federal contributions in an amount equal to one-quarter of the grant, cooperative agreement, or contract awarded by the Secretary, or $500,000, whichever is the lesser amount. The Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. (F)

Awards

(i)

Limitation

An eligible institution that receives a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract. (ii)

Consortia

Grants, cooperative agreements, and contracts may only be awarded to eligible institutions. Eligible institutions may seek funding under this subsection for consortia which may include other eligible institutions, a State or a State education agency, local education agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses. (iii)

Planning grants

The Secretary may provide funds to develop strategic plans to implement such grants, cooperative agreements, or contracts. (iv)

Institutional diversity

In awarding grants, cooperative agreements, and contracts to eligible institutions, the Secretary shall ensure, to the extent practicable, that awards are made to all types of institutions eligible for assistance under this subsection. (v)

Need

In awarding funds under this subsection, the Secretary shall give priority to the institution with the greatest demonstrated need for assistance. (G)

Annual report and evaluation

(i)

Annual report required from recipients

Each institution that receives a grant, cooperative agreement, or contract awarded under this subsection shall provide an annual report to the Secretary on its use of the grant, cooperative agreement, or contract. (ii)

Independent assessment

Not later than 6 months after the date of enactment of this subsection, the Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program. The Assessments shall be conducted once every 3 years during the 10-year period following the enactment of this subsection. The assessments shall include an evaluation of the effectiveness of the program in improving the education and training of students, faculty and staff at eligible institutions that have been awarded grants, cooperative agreements, or contracts under the program; an evaluation of the effectiveness of the program in improving access to, and familiarity with, digital and wireless networking technology for students, faculty, and staff at all eligible institutions; an evaluation of the procedures established under paragraph (3)(A); and recommendations for improving the program, including recommendations concerning the continuing need for Federal support. In carrying out its assessments, the National Academy of Public Administration shall review the reports submitted to the Secretary under clause (i). (iii)

Report to Congress

Upon completion of each independent assessment carried out under clause (ii), the Secretary shall transmit the assessment to Congress along with a summary of the Secretary’s plans, if any, to implement the recommendations of the National Academy of Public Administration. (H)

Definitions

In this subsection: (i)

Digital and wireless networking technology

The term digital and wireless networking technology means computer and communications equipment and software that facilitates the transmission of information in a digital format. (ii)

Eligible institution

The term eligible institution means an institution that is— (I)a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; (II)a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (III)a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (IV)an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (V)a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (VI)an institution of higher education (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)) with an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d))). (iii)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (iv)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (v)

Minority business

The term minority business includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))). (vi)

Minority individual

The term minority individual means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban and Central or South American origin), or Pacific Islander individual. (vii)

State

The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (viii)

State educational agency

The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)..

962.

Authorization of appropriations

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

December 19, 2007 Reported from the Committee on Education and Labor with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed December 19, 2007 Committees on the Judiciary, Science and Technology, and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed