[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1762 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 266
110th CONGRESS
  1st Session
                                S. 1762

To provide for reconciliation pursuant to section 602 of the concurrent 
    resolution on the budget for fiscal year 2008 (S. Con. Res. 21).


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2007

   Mr. Kennedy, from the Committee on Health, Education, Labor, and 
 Pensions, reported the following original bill; which was read twice 
                       and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To provide for reconciliation pursuant to section 602 of the concurrent 
    resolution on the budget for fiscal year 2008 (S. Con. Res. 21).

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Higher Education 
Access Act of 2007''.
    (b) 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.).

  TITLE I--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER 
                               EDUCATION

SEC. 101. TUITION SENSITIVITY.

    (a) Amendment.--Section 401(b) (20 U.S.C. 1070a(b)) is amended by 
striking paragraph (3).
    (b) Authorization and Appropriation of Funds.--There is authorized 
to be appropriated, and there is appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Education to 
carry out the amendment made by subsection (a), $5,000,000 for fiscal 
year 2008.

SEC. 102. PROMISE GRANTS.

    (a) Amendment.--Subpart 1 of part A of title IV (20 U.S.C. 1070a et 
seq.) is amended by adding at the end the following:

``SEC. 401B. PROMISE GRANTS.

    ``(a) Grants.--
            ``(1) In general.--From amounts appropriated under 
        subsection (e) for a fiscal year and subject to subsection (b), 
        the Secretary shall award grants to students in the same manner 
        as the Secretary awards Federal Pell Grants to students under 
        section 401, except that--
                    ``(A) at the beginning of each award year, the 
                Secretary shall establish a maximum and minimum award 
                level based on amounts made available under subsection 
                (e);
                    ``(B) the Secretary shall only award grants under 
                this section to students eligible for a Federal Pell 
                Grant for the award year; and
                    ``(C) when determining eligibility for the awards 
                under this section, the Secretary shall consider only 
                those students who submitted a Free Application for 
                Federal Student Aid or other common reporting form 
                under section 483 as of July 1 of the award year for 
                which the determination is made.
            ``(2) Students with the greatest need.--The Secretary shall 
        ensure grants are awarded under this section to students with 
        the greatest need as determined in accordance with section 471.
    ``(b) Cost of Attendance Limitation.--A grant awarded under this 
section for an award year shall be awarded in an amount that does not 
exceed--
            ``(1) the student's cost of attendance for the award year; 
        less
            ``(2) an amount equal to the sum of--
                    ``(A) the expected family contribution for the 
                student for the award year; and
                    ``(B) any Federal Pell Grant award received by the 
                student for the award year.
    ``(c) Supplement Not Supplant.--Grants awarded from funds made 
available under subsection (e) shall be used to supplement, and not 
supplant, other Federal, State, or institutional grant funds.
    ``(d) Use of Excess Funds.--
            ``(1) Fifteen percent or less.--If, at the end of a fiscal 
        year, the funds available for making grant payments under this 
        section exceed the amount necessary to make the grant payments 
        required under this section to eligible students by 15 percent 
        or less, then all of the excess funds shall remain available 
        for making grant payments under this section during the next 
        succeeding fiscal year.
            ``(2) More than fifteen percent.--If, at the end of a 
        fiscal year, the funds available for making grant payments 
        under this section exceed the amount necessary to make the 
        grant payments required under this section to eligible students 
        by more than 15 percent, then all of such funds shall remain 
        available for making such grant payments but grant payments may 
        be made under this paragraph only with respect to awards for 
        that fiscal year.
    ``(e) Authorization and Appropriation of Funds.--
            ``(1) In general.--There are authorized to be appropriated, 
        and there are appropriated, out of any money in the Treasury 
        not otherwise appropriated, for the Department of Education to 
        carry out this section--
                    ``(A) $2,620,000,000 for fiscal year 2008;
                    ``(B) $3,040,000,000 for fiscal year 2009;
                    ``(C) $3,460,000,000 for fiscal year 2010;
                    ``(D) $3,900,000,000 for fiscal year 2011;
                    ``(E) $4,020,000,000 for fiscal year 2012;
                    ``(F) $10,000,000 for fiscal year 2013; and
                    ``(G) $3,200,000,000 for each of the fiscal years 
                2014 through 2017.
            ``(2) Availability of funds.--Funds appropriated under 
        paragraph (1) for a fiscal year shall remain available through 
        the last day of the fiscal year immediately succeeding the 
        fiscal year for which the funds are appropriated.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on July 1, 2008.

         TITLE II--STUDENT LOAN BENEFITS, TERMS, AND CONDITIONS

SEC. 201. DEFERMENTS.

    (a) FISL.--Section 427(a)(2)(C)(iii) (20 U.S.C. 1077(a)(2)(C)(iii)) 
is amended by striking ``3 years'' and inserting ``6 years''.
    (b) Interest Subsidies.--Section 428(b)(1)(M)(iv) (20 U.S.C. 
1078(b)(1)(M)(iv)) is amended by striking ``3 years'' and inserting ``6 
years''.
    (c) Direct Loans.--Section 455(f)(2)(D) (20 U.S.C. 1087e(f)(2)(D)) 
is amended by striking ``3 years'' and inserting ``6 years''.
    (d) Perkins.--Section 464(c)(2)(A)(iv) (20 U.S.C. 
1087dd(c)(2)(A)(iv)) is amended by striking ``3 years'' and inserting 
``6 years''.
    (e) Effective Date and Applicability.--The amendments made by this 
section shall take effect on July 1, 2008, and shall only apply with 
respect to the loans made to a borrower of a loan under title IV of the 
Higher Education Act of 1965 who obtained the borrower's first loan 
under such title prior to October 1, 2012.

SEC. 202. STUDENT LOAN DEFERMENT FOR CERTAIN MEMBERS OF THE ARMED 
              FORCES.

    (a) Federal Family Education Loans.--Section 428(b)(1)(M)(iii) (20 
U.S.C. 1078(b)(1)(M)(iii)) is amended--
            (1) in the matter preceding subclause (I), by striking 
        ``not in excess of 3 years'';
            (2) in subclause (II), by striking ``; or'' and inserting a 
        comma; and
            (3) by adding at the end the following:
                        ``and for the 180-day period following the 
                        demobilization date for the service described 
                        in subclause (I) or (II); or''.
    (b) Direct Loans.--Section 455(f)(2)(C) (20 U.S.C. 1087e(f)(2)(C)) 
is amended--
            (1) in the matter preceding clause (i), by striking ``not 
        in excess of 3 years'';
            (2) in clause (ii), by striking ``; or'' and inserting a 
        comma; and
            (3) by adding at the end the following:
                ``and for the 180-day period following the 
                demobilization date for the service described in clause 
                (i) or (ii); or''.
    (c) Perkins Loans.--Section 464(c)(2)(A)(iii) (20 U.S.C. 
1087dd(c)(2)(A)(iii)) is amended--
            (1) in the matter preceding subclause (I), by striking 
        ``not in excess of 3 years'';
            (2) in subclause (II), by striking the semicolon and 
        inserting a comma; and
            (3) by adding at the end the following:
                ``and for the 180-day period following the 
                demobilization date for the service described in 
                subclause (I) or (II);''.
    (d) Applicability.--Section 8007(f) of the Higher Education 
Reconciliation Act of 2005 (20 U.S.C. 1078 note) is amended by striking 
``loans for which'' and all that follows through the period at the end 
and inserting ``all loans under title IV of the Higher Education Act of 
1965.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2008.

SEC. 203. INCOME-BASED REPAYMENT PLANS.

    (a) FFEL.--Section 428 (as amended by sections 201(b) and 202(a)) 
(20 U.S.C. 1078) is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (D), by striking 
                        ``income contingent'' and inserting ``income-
                        based''; and
                            (ii) in subparagraph (E)(i), by striking 
                        ``income-sensitive'' and inserting ``income-
                        based''; and
                    (B) by striking clause (iii) of paragraph (9)(A) 
                and inserting the following:
                            ``(iii) an income-based repayment plan, 
                        with parallel terms, conditions, and benefits 
                        as the income-based repayment plan described in 
                        subsections (e) and (d)(1)(D) of section 455, 
                        except that--
                                    ``(I) the plan described in this 
                                clause shall not be available to a 
                                borrower of an excepted PLUS loan (as 
                                defined in section 455(e)(10)) or of a 
                                loan made under 428C that includes an 
                                excepted PLUS loan;
                                    ``(II) in lieu of the process of 
                                obtaining Federal income tax returns 
                                and information from the Internal 
                                Revenue Service, as described in 
                                section 455(e)(1), the borrower shall 
                                provide the lender with a copy of the 
                                Federal income tax return and return 
                                information for the borrower (and, if 
                                applicable, the borrower's spouse) for 
                                the purposes described in section 
                                455(e)(1), and the lender shall 
                                determine the repayment obligation on 
                                the loan, in accordance with the 
                                procedures developed by the Secretary;
                                    ``(III) in lieu of the requirements 
                                of section 455(e)(3), in the case of a 
                                borrower who chooses to repay a loan 
                                made, insured, or guaranteed under this 
                                part pursuant to income-based repayment 
                                and for whom the adjusted gross income 
                                is unavailable or does not reasonably 
                                reflect the borrower's current income, 
                                the borrower shall provide the lender 
                                with other documentation of income that 
                                the Secretary has determined is 
                                satisfactory for similar borrowers of 
                                loans made under part D;
                                    ``(IV) the Secretary shall pay any 
                                interest due and not paid for under the 
                                repayment schedule described in section 
                                455(e)(4) for a loan made, insured, or 
                                guaranteed under this part in the same 
                                manner as the Secretary pays any such 
                                interest under section 455(e)(6) for a 
                                Federal Direct Stafford Loan;
                                    ``(V) the Secretary shall assume 
                                the obligation to repay an outstanding 
                                balance of principal and interest due 
                                on all loans made, insured, or 
                                guaranteed under this part (other than 
                                an excepted PLUS Loan or a loan under 
                                section 428C that includes an excepted 
                                PLUS loan), for a borrower who 
                                satisfies the requirements of 
                                subparagraphs (A) and (B) of section 
                                455(e)(7), in the same manner as the 
                                Secretary cancels such outstanding 
                                balance under section 455(e)(7); and
                                    ``(VI) in lieu of the notification 
                                requirements under section 455(e)(8), 
                                the lender shall notify a borrower of a 
                                loan made, insured, or guaranteed under 
                                this part who chooses to repay such 
                                loan pursuant to income-based repayment 
                                of the terms and conditions of such 
                                plan, in accordance with the procedures 
                                established by the Secretary, including 
                                notification that--
                                            ``(aa) the borrower shall 
                                        be responsible for providing 
                                        the lender with the information 
                                        necessary for documentation of 
                                        the borrower's income, 
                                        including income information 
                                        for the borrower's spouse (as 
                                        applicable); and
                                            ``(bb) if the borrower 
                                        considers that special 
                                        circumstances warrant an 
                                        adjustment, as described in 
                                        section 455(e)(8)(B), the 
                                        borrower may contact the 
                                        lender, and the lender shall 
                                        determine whether such 
                                        adjustment is appropriate, in 
                                        accordance with the criteria 
                                        established by the Secretary; 
                                        and'';
            (2) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``Income-Sensitive'' and inserting ``Income-Based'';
                    (B) in paragraph (1)--
                            (i) by striking ``income-sensitive 
                        repayment'' and inserting ``income-based 
                        repayment''; and
                            (ii) by inserting ``and for the public 
                        service loan forgiveness program under section 
                        455(m), in accordance with section 428C(b)(5)'' 
                        before the semicolon; and
                    (C) in paragraphs (2) and (3), by striking 
                ``income-sensitive'' each place the term occurs and 
                inserting ``income-based''; and
            (3) in subsection (m)--
                    (A) in the subsection heading, by striking ``Income 
                Contingent'' and inserting ``Income-Based'';
                    (B) in paragraph (1), by striking ``income 
                contingent repayment plan'' and all that follows 
                through the period at the end and inserting ``income-
                based repayment plan as described in subsection 
                (b)(9)(A)(iii) and section 455(d)(1)(D).''; and
                    (C) in the paragraph heading of paragraph (2), by 
                striking ``income contingent'' and inserting ``income-
                based''.
    (b) Consolidation Loans.--Section 428C (20 U.S.C. 1078-3) is 
amended--
            (1) in subsection (a)(3)(B)(i)(V), by striking ``for the 
        purposes of obtaining an income contingent repayment plan,'' 
        and inserting ``for the purpose of using the public service 
        loan forgiveness program under section 455(m),'';
            (2) in subsection (b)(5)--
                    (A) in the first sentence, by striking ``, or is 
                unable to obtain a consolidation loan with income-
                sensitive repayment terms acceptable to the borrower 
                from such a lender,'' and inserting ``, or chooses to 
                obtain a consolidation loan for the purposes of using 
                the public service loan forgiveness program offered 
                under section 455(m),''; and
                    (B) in the second sentence, by striking ``income 
                contingent repayment under part D of this title'' and 
                inserting ``income-based repayment''; and
            (3) in subsection (c)--
                    (A) in paragraph (2)(A)--
                            (i) in the first sentence, by striking ``of 
                        graduated or income-sensitive repayment 
                        schedules, established by the lender in 
                        accordance with the regulations of the 
                        Secretary.'' and inserting ``of graduated 
                        repayment schedules, established by the lender 
                        in accordance with the regulations of the 
                        Secretary, and income-based repayment 
                        schedules, established pursuant to regulations 
                        by the Secretary.''; and
                            (ii) in the second sentence, by striking 
                        ``Except as required'' and all that follows 
                        through ``subsection (b)(5),'' and inserting 
                        ``Except as required by such income-based 
                        repayment schedules,''; and
                    (B) in paragraph (3)(B), by striking ``income 
                contingent repayment offered by the Secretary under 
                subsection (b)(5)'' and inserting ``income-based 
                repayment''.
    (c) Direct Loans.--Section 455 (as amended by sections 201(c) and 
202(b)) (20 U.S.C. 1087e) is further amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(D)--
                            (i) by striking ``income contingent 
                        repayment plan'' and inserting ``income-based 
                        repayment plan''; and
                            (ii) by striking ``a Federal Direct PLUS 
                        loan'' and inserting ``an excepted PLUS loan or 
                        any Federal Direct Consolidation Loan that 
                        includes an excepted PLUS loan (as defined in 
                        subsection (e)(10))''; and
                    (B) in paragraph (5)(B), by striking ``income 
                contingent'' and inserting ``income-based''; and
            (2) in subsection (e)--
                    (A) in the subsection heading, by striking ``Income 
                Contingent'' and inserting ``Income-Based'';
                    (B) in paragraphs (1), (2), and (3), by striking 
                ``income contingent'' each place the term appears and 
                inserting ``income-based'';
                    (C) in paragraph (4)--
                            (i) by striking ``Income contingent'' and 
                        inserting ``Income-based''; and
                            (ii) by striking ``Secretary.'' and 
                        inserting ``Secretary, except that the monthly 
                        required payment under such schedule shall not 
                        exceed 15 percent of the result obtained by 
                        calculating the amount by which--
                    ``(A) the borrower's adjusted gross income; exceeds
                    ``(B) 150 percent of the poverty line applicable to 
                the borrower's family size, as determined under section 
                673(2) of the Community Service Block Grant Act,
        divided by 12.'';
                    (D) in paragraph (5), by striking ``income 
                contingent'' and inserting ``income-based'';
                    (E) by redesignating paragraph (6) as paragraph 
                (8);
                    (F) by inserting after paragraph (5) the following:
            ``(6) Treatment of interest.--In the case of a Federal 
        Direct Stafford Loan, any interest due and not paid for under 
        paragraph (2) shall be paid by the Secretary.
            ``(7) Loan forgiveness.--The Secretary shall cancel the 
        obligation to repay an outstanding balance of principal and 
        interest due on all loans made under this part, or assume the 
        obligation to repay an outstanding balance of principal and 
        interest due on all loans made, insured, or guaranteed under 
        part B, (other than an excepted PLUS Loan, or any Federal 
        Direct Consolidation Loan or loan under section 428C that 
        includes an excepted PLUS loan) to a borrower who--
                    ``(A) makes the election under this subsection or 
                under section 428(b)(9)(A)(iii); and
                    ``(B) for a period of time prescribed by the 
                Secretary not to exceed 25 years (including any period 
                during which the borrower is in deferment due to an 
                economic hardship described in section 435(o)), meets 1 
                of the following requirements with respect to each 
                payment made during such period:
                            ``(i) Has made the payment under this 
                        subsection or section 428(b)(9)(A)(iii).
                            ``(ii) Has made the payment under a 
                        standard repayment plan under section 
                        428(b)(9)(A)(i) or 455(d)(1)(A).
                            ``(iii) Has made a payment that counted 
                        toward the maximum repayment period under 
                        income-sensitive repayment under section 
                        428(b)(9)(A)(iii) or income contingent 
                        repayment under section 455(d)(1)(D), as each 
                        such section was in effect on June 30, 2008.
                            ``(iv) Has made a reduced payment of not 
                        less than the amount required under subsection 
                        (e), pursuant to a forbearance agreement under 
                        section 428(c)(3)(A)(i) for a borrower 
                        described in 428(c)(3)(A)(i)(II).'';
                    (G) in the matter preceding subparagraph (A) of 
                paragraph (8) (as redesignated by subparagraph (E)), by 
                striking ``income contingent'' and inserting ``income-
                based''; and
                    (H) by adding at the end the following:
            ``(9) Return to standard repayment.--A borrower who is 
        repaying a loan made under this part pursuant to income-based 
        repayment may choose, at any time, to terminate repayment 
        pursuant to income-based repayment and repay such loan under 
        the standard repayment plan.
            ``(10) Definition of excepted plus loan.--In this 
        subsection, the term `excepted PLUS loan' means a Federal 
        Direct PLUS loan or a loan under section 428B that is made, 
        insured, or guaranteed on behalf of a dependent student.''.
    (d) Conforming Amendments and Technical Corrections.--The Act (20 
U.S.C. 1001 et seq.) is further amended--
            (1) in section 427(a)(2)(H) (20 U.S.C. 1077(a)(2)(H))--
                    (A) by striking ``or income-sensitive''; and
                    (B) by inserting ``or income-based repayment 
                schedule established pursuant to regulations by the 
                Secretary'' before the semicolon at the end; and
            (2) in section 455(d)(1)(C) (20 U.S.C. 1087e(d)(1)(C)), by 
        striking ``428(b)(9)(A)(v)'' and inserting 
        ``428(b)(9)(A)(iv)''.
    (e) Transition Provision.--A student who, as of June 30, 2008, 
elects to repay a loan under part B or part D of the Higher Education 
Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq.) through an income-
sensitive repayment plan under section 428(b)(9)(A)(iii) of such Act 
(20 U.S.C. 1078(b)(9)(A)(iii)) or an income contingent repayment plan 
under section 455(d)(1)(D) of such Act (20 U.S.C. 1087e(d)(1)(D)) (as 
each such section was in effect on the day before the date of enactment 
of this Act) shall have the option to continue repayment under such 
section (as such section was in effect on such day), or may elect, 
beginning on July 1, 2008, to use the income-based repayment plan under 
section 428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of the Higher 
Education Act of 1965, as amended by this section.
    (f) Effective Date and Applicability.--The amendments made by this 
section shall take effect on July 1, 2008, and shall only apply with 
respect to a borrower of a loan under title IV of the Higher Education 
Act of 1965 who obtained the borrower's first loan under such title 
prior to October 1, 2012.

            TITLE III--FEDERAL FAMILY EDUCATION LOAN PROGRAM

SEC. 301. REDUCTION OF LENDER INSURANCE PERCENTAGE.

    (a) Amendment.--Section 428(b)(1)(G) (20 U.S.C. 1078(b)(1)(G)) is 
amended--
            (1) in the matter preceding clause (i), by striking 
        ``insures 98 percent'' and inserting ``insures 97 percent'';
            (2) in clause (i), by inserting ``and'' after the 
        semicolon;
            (3) by striking clause (ii); and
            (4) by redesignating clause (iii) as clause (ii).
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to loans made on or after October 1, 2007.

SEC. 302. GUARANTY AGENCY COLLECTION RETENTION.

    Clause (ii) of section 428(c)(6)(A) (20 U.S.C. 1078(c)(6)(A)(ii)) 
is amended to read as follows:
                    ``(ii) an amount equal to 24 percent of such 
                payments for use in accordance with section 422B, 
                except that--
                            ``(I) beginning October 1, 2003 and ending 
                        September 30, 2007, this subparagraph shall be 
                        applied by substituting `23 percent' for `24 
                        percent'; and
                            ``(II) beginning October 1, 2007, this 
                        subparagraph shall be applied by substituting 
                        `16 percent' for `24 percent'.''.

SEC. 303. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR LENDERS.

    (a) Elimination of Status.--Part B of title IV (20 U.S.C. 1071 et 
seq.) is amended by striking section 428I (20 U.S.C. 1078-9).
    (b) Conforming Amendments.--Part B of title IV is further amended--
            (1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--
                    (A) by striking subparagraph (D); and
                    (B) by redesignating subparagraphs (E) through (H) 
                as subparagraphs (D) through (G), respectively; and
            (2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by 
        striking the matter following subparagraph (B).
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on October 1, 2007, except that section 428I of the 
Higher Education Act of 1965 (as in effect on the day before the date 
of enactment of this Act) shall apply to eligible lenders that received 
a designation under subsection (a) of such section prior to October 1, 
2007, for the remainder of the year for which the designation was made.

SEC. 304. DEFINITIONS.

    (a) Amendments.--Section 435 (20 U.S.C. 1085) is amended--
            (1) in subsection (o)(1)--
                    (A) in subparagraph (A)(ii), by striking ``100 
                percent of the poverty line for a family of 2'' and 
                inserting ``150 percent of the poverty line applicable 
                to the borrower's family size''; and
                    (B) in subparagraph (B)(ii), by striking ``to a 
                family of two'' and inserting ``to the borrower's 
                family size''; and
            (2) by adding at the end the following:
    ``(p) Eligible Not-for-Profit Holder.--
            ``(1) Definition of eligible not-for-profit holder.--The 
        term `eligible not-for-profit holder' means an eligible lender 
        under subsection (d) (except for an eligible lender described 
        in subsection (d)(1)(E)) that requests a special allowance 
        payment under section 438(b)(2)(I)(vi)(II) and that is--
                    ``(A) a State of the United States, or a political 
                subdivision thereof, or an authority, agency, or other 
                instrumentality thereof (including such entities that 
                are eligible to issue bonds described in section 1.103-
                1 of title 26, Code of Federal Regulations, or section 
                144(b) of the Internal Revenue Code of 1986);
                    ``(B) an entity described in section 150(d)(2) of 
                such Code that has not made the election described in 
                section 150(d)(3) of such Code;
                    ``(C) an entity described in section 501(c)(3) of 
                such Code; or
                    ``(D) a trustee acting as an eligible lender on 
                behalf of an entity described in subparagraph (A), (B), 
                or (C),
        except that no entity described in subparagraph (A), (B), or 
        (C) shall be owned or controlled in whole or in part by a for-
        profit entity.
            ``(2) Prohibition.--In the case of a loan for which the 
        special allowance payment is calculated under section 
        438(b)(2)(I)(vi)(II) and that is sold by the eligible not-for-
        profit holder holding the loan to a for-profit entity or to an 
        entity that is not an eligible not-for-profit holder, the 
        special allowance payment for such loan shall, beginning on the 
        date of the sale, no longer be calculated under section 
        438(b)(2)(I)(vi)(II) and shall be calculated under section 
        438(b)(2)(I)(vi)(I) instead.
            ``(3) Regulations.--Not later than 1 year after the date of 
        enactment of the Higher Education Access Act of 2007, the 
        Secretary shall promulgate regulations in accordance with the 
        provisions of this subsection.''.
    (b) Applicability.--The amendment made by subsection (a)(1) shall 
only apply with respect to any borrower of a loan under title IV of the 
Higher Education Act of 1965 who obtained the borrower's first loan 
under such title prior to October 1, 2012.

SEC. 305. SPECIAL ALLOWANCES.

    (a) Reduction of Lender Special Allowance Payments.--Section 
438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended--
            (1) in clause (i), by striking ``(iii), and (iv)'' and 
        inserting ``(iii), (iv), and (vi)''; and
            (2) by adding at the end the following:
                            ``(vi) Reduction for loans disbursed on or 
                        after october 1, 2007.--With respect to a loan 
                        on which the applicable interest rate is 
                        determined under section 427A(l) and for which 
                        the first disbursement of principal is made on 
                        or after October 1, 2007, the special allowance 
                        payment computed pursuant to this subparagraph 
                        shall be computed--
                                    ``(I) for loans held by an eligible 
                                lender not described in subclause 
                                (II)--
                                            ``(aa) by substituting 
                                        `1.24 percent' for `1.74 
                                        percent' in clause (ii);
                                            ``(bb) by substituting 
                                        `1.84 percent' for `2.34 
                                        percent' each place the term 
                                        appears in this subparagraph;
                                            ``(cc) by substituting 
                                        `1.84 percent' for `2.64 
                                        percent' in clause (iii); and
                                            ``(dd) by substituting 
                                        `2.14 percent' for `2.64 
                                        percent' in clause (iv); and
                                    ``(II) for loans held by an 
                                eligible not-for-profit holder--
                                            ``(aa) by substituting 
                                        `1.99 percent' for `2.34 
                                        percent' each place the term 
                                        appears in this subparagraph;
                                            ``(bb) by substituting 
                                        `1.39 percent' for `1.74 
                                        percent' in clause (ii);
                                            ``(cc) by substituting 
                                        `1.99 percent' for `2.64 
                                        percent' in clause (iii); and
                                            ``(dd) by substituting 
                                        `2.29 percent' for `2.64 
                                        percent' in clause (iv).''.
    (b) Increased Loan Fees From Lenders.--Paragraph (2) of section 
438(d) (20 U.S.C. 1087-1(d)(2)) is amended to read as follows:
            ``(2) Amount of loan fees.--The amount of the loan fee 
        which shall be deducted under paragraph (1), but which may not 
        be collected from the borrower, shall be equal to 1.0 percent 
        of the principal amount of the loan with respect to any loan 
        under this part for which the first disbursement was made on or 
        after October 1, 2007.''.

         TITLE IV--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

SEC. 401. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.

    Section 455 (as amended by sections 201(c), 202(b), and 203(c)) (20 
U.S.C. 1087e) is further amended by adding at the end the following:
    ``(m) Repayment Plan for Public Service Employees.--
            ``(1) In general.--The Secretary shall cancel the balance 
        of interest and principal due, in accordance with paragraph 
        (2), on any eligible Federal Direct Loan not in default for an 
        eligible borrower who--
                    ``(A) has made 120 monthly payments on the Federal 
                Direct Loan after October 1, 2007, pursuant to any 
                combination of--
                            ``(i) payments under an income-based 
                        repayment plan under section 455(d)(1)(D);
                            ``(ii) payments under a standard repayment 
                        plan under section 455(d)(1)(A); or
                            ``(iii) monthly payments under a repayment 
                        plan under section 455(d)(1) of not less than 
                        the monthly amount calculated under section 
                        455(d)(1)(A); and
                    ``(B)(i) is employed in a public service job at the 
                time of such forgiveness; and
                    ``(ii) has been employed in a public service job 
                during the period in which the borrower makes each of 
                the 120 payments described in subparagraph (A).
            ``(2) Loan cancellation amount.--After the conclusion of 
        the employment period described in paragraph (1), the Secretary 
        shall cancel the obligation to repay, for each year during such 
        period described in paragraph (1)(B)(ii) for which the eligible 
        borrower submits documentation to the Secretary that the 
        borrower's annual adjusted gross income or annual earnings were 
        less than or equal to $65,000, \1/10\ of the amount of the 
        balance of principal and interest due as of the time of such 
        cancellation, on the eligible Federal Direct Loans made to the 
        borrower under this part.
            ``(3) Definitions.--In this subsection:
                    ``(A) Eligible borrower.--The term `eligible 
                borrower' means a borrower who submits documentation to 
                the Secretary that the borrower's annual adjusted gross 
                income or annual earnings is less than or equal to 
                $65,000.
                    ``(B) Eligible federal direct loan.--The term 
                `eligible Federal Direct Loan' means a Federal Direct 
                Stafford Loan, Federal Direct PLUS Loan, Federal Direct 
                Unsubsidized Loan, or a Federal Direct Consolidation 
                Loan if such consolidation loan was obtained by the 
                borrower under section 428C(b)(5) or in accordance with 
                section 428C(a)(3)(B)(i)(V).
                    ``(C) Public service job.--In this paragraph, the 
                term `public service job' means--
                            ``(i) a full-time job in public emergency 
                        management, government, public safety, public 
                        law enforcement, public health, public 
                        education, public early childhood education, 
                        public child care, social work in a public 
                        child or family service agency, public services 
                        for individuals with disabilities, public 
                        services for the elderly, public interest legal 
                        services (including prosecution or public 
                        defense), public library sciences, public 
                        school library sciences, or other public 
                        school-based services; or
                            ``(ii) teaching as a full-time faculty 
                        member at a Tribal College or University as 
                        defined in section 316(b).''.

SEC. 402. UNIT COST CALCULATION FOR GUARANTY AGENCY ACCOUNT MAINTENANCE 
              FEES.

    Section 458(b) (20 U.S.C. 1087h(b)) is amended--
            (1) by striking ``Account'' and inserting the following:
            ``(1) For fiscal years 2006 and 2007.--For each of the 
        fiscal years 2006 and 2007, account''; and
            (2) by adding at the end the following:
            ``(2) For fiscal year 2008 and succeeding fiscal years.--
                    ``(A) In general.--For fiscal year 2008 and each 
                succeeding fiscal year, the Secretary shall calculate 
                the account maintenance fees payable to guaranty 
                agencies under subsection (a)(3), on a per-loan cost 
                basis in accordance with subparagraph (B).
                    ``(B) Amount determination.--To determine the 
                amount that shall be paid under subsection (a)(3) per 
                outstanding loan guaranteed by a guaranty agency for 
                fiscal year 2008 and succeeding fiscal years, the 
                Secretary shall--
                            ``(i) establish the per-loan cost basis 
                        amount by dividing the total amount of account 
                        maintenance fees paid under subsection (a)(3) 
                        for fiscal year 2006 by the number of loans 
                        under part B that were outstanding for that 
                        fiscal year; and
                            ``(ii) for subsequent fiscal years, adjust 
                        the amount determined under clause (i) as the 
                        Secretary determines necessary to account for 
                        inflation.''.

                     TITLE V--FEDERAL PERKINS LOANS

SEC. 501. DISTRIBUTION OF LATE COLLECTIONS.

    Section 466(b) (20 U.S.C. 1087ff(b)) is amended by striking ``March 
31, 2012'' and inserting ``September 30, 2012''.

                        TITLE VI--NEED ANALYSIS

SEC. 601. SUPPORT FOR WORKING STUDENTS.

    (a) Dependent Students.--Subparagraph (D) of section 475(g)(2) (20 
U.S.C. 1087oo(g)(2)(D)) is amended to read as follows:
                    ``(D) an income protection allowance of the 
                following amount (or a successor amount prescribed by 
                the Secretary under section 478):
                            ``(i) for academic year 2009-2010, $3,750;
                            ``(ii) for academic year 2010-2011, $4,500;
                            ``(iii) for academic year 2011-2012, 
                        $5,250; and
                            ``(iv) for academic year 2012-2013, 
                        $6,000;''.
    (b) Independent Students Without Dependents Other Than a Spouse.--
Clause (iv) of section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)(iv)) is 
amended to read as follows:
                            ``(iv) an income protection allowance of 
                        the following amount (or a successor amount 
                        prescribed by the Secretary under section 478):
                                    ``(I) for single or separated 
                                students, or married students where 
                                both are enrolled pursuant to 
                                subsection (a)(2)--
                                            ``(aa) for academic year 
                                        2009-2010, $7,000;
                                            ``(bb) for academic year 
                                        2010-2011, $7,780;
                                            ``(cc) for academic year 
                                        2011-2012, $8,550; and
                                            ``(dd) for academic year 
                                        2012-2013, $9,330; and
                                    ``(II) for married students where 1 
                                is enrolled pursuant to subsection 
                                (a)(2)--
                                            ``(aa) for academic year 
                                        2009-2010, $11,220;
                                            ``(bb) for academic year 
                                        2010-2011, $12,460;
                                            ``(cc) for academic year 
                                        2011-2012, $13,710; and
                                            ``(dd) for academic year 
                                        2012-2013, $14,960;''.
    (c) Independent Students With Dependents Other Than a Spouse.--
Paragraph (4) of section 477(b) (20 U.S.C. 1087qq(b)(4)) is amended to 
read as follows:
            ``(4) Income protection allowance.--The income protection 
        allowance is determined by the tables described in 
        subparagraphs (A) through (D) (or a successor table prescribed 
        by the Secretary under section 478).
                    ``(A) Academic year 2009-2010.--For academic year 
                2009-2010, the income protection allowance is 
                determined by the following table:


                      ``Income Protection Allowance
------------------------------------------------------------------------
                                   Number in College
 Family Size  ----------------------------------------------------------
                    1           2           3           4          5
------------------------------------------------------------------------
           2      $17,720     $14,690
           3       22,060      19,050     $16,020
           4       27,250      24,220      21,210     $18,170
           5       32,150      29,120      26,100      23,070    $20,060
           6       37,600      34,570      31,570      28,520     25,520
------------------------------------------------------------------------
NOTE: For each additional family member, add $4,240.
For each additional college student, subtract $3,020.

                    ``(B) Academic year 2010-2011.--For academic year 
                2010-2011, the income protection allowance is 
                determined by the following table:


                      ``Income Protection Allowance
------------------------------------------------------------------------
                                   Number in College
 Family Size  ----------------------------------------------------------
                    1           2           3           4          5
------------------------------------------------------------------------
           2      $19,690     $16,330
           3       24,510      21,160     $17,800
           4       30,280      26,910      23,560     $20,190
           5       35,730      32,350      29,000      25,640    $22,290
           6       41,780      38,410      35,080      31,690     28,350
------------------------------------------------------------------------
NOTE: For each additional family member, add $4,710.
For each additional college student, subtract $3,350.

                    ``(C) Academic year 2011-2012.--For academic year 
                2011-2012, the income protection allowance is 
                determined by the following table:


                      ``Income Protection Allowance
------------------------------------------------------------------------
                                   Number in College
 Family Size  ----------------------------------------------------------
                    1           2           3           4          5
------------------------------------------------------------------------
           2      $21,660     $17,960
           3       26,960      23,280     $19,580
           4       33,300      29,600      25,920     $22,210
           5       39,300      35,590      31,900      28,200    $24,520
           6       45,950      42,250      38,580      34,860     31,190
------------------------------------------------------------------------
NOTE: For each additional family member, add $5,180.
For each additional college student, subtract $3,690.

                    ``(D) Academic year 2012-2013.--For academic year 
                2012-2013, the income protection allowance is 
                determined by the following table:


                      ``Income Protection Allowance
------------------------------------------------------------------------
                                   Number in College
 Family Size  ----------------------------------------------------------
                    1           2           3           4          5
------------------------------------------------------------------------
           2      $23,630     $19,590
           3       29,420      25,400     $21,360
           4       36,330      32,300      28,280     $24,230
           5       42,870      38,820      34,800      30,770    $26,750
           6       50,130      46,100      42,090      38,030     34,020
------------------------------------------------------------------------
NOTE: For each additional family member, add $5,660.
For each additional college student, subtract $4,020.''.

    (d) Updated Tables and Amounts.--Section 478(b) (20 U.S.C. 
1087rr(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Revised tables.--
                    ``(A) In general.--For each academic year after 
                academic year 2008-2009, the Secretary shall publish in 
                the Federal Register a revised table of income 
                protection allowances for the purpose of such sections, 
                subject to subparagraphs (B) and (C).
                    ``(B) Table for independent students.--
                            ``(i) Academic years 2009-2010 through 
                        2012-2013.--For each of the academic years 
                        2009-2010 through 2012-2013, the Secretary 
                        shall not develop a revised table of income 
                        protection allowances under section 477(b)(4) 
                        and the table specified for such academic year 
                        under subparagraphs (A) through (D) of such 
                        section shall apply.
                            ``(ii) Other academic years.--For each 
                        academic year after academic year 2012-2013, 
                        the Secretary shall develop the revised table 
                        of income protection allowances by increasing 
                        each of the dollar amounts contained in the 
                        table of income protection allowances under 
                        section 477(b)(4)(D) by a percentage equal to 
                        the estimated percentage increase in the 
                        Consumer Price Index (as determined by the 
                        Secretary) between December 2011 and the 
                        December next preceding the beginning of such 
                        academic year, and rounding the result to the 
                        nearest $10.
                    ``(C) Table for parents.--For each academic year 
                after academic year 2008-2009, the Secretary shall 
                develop the revised table of income protection 
                allowances under section 475(c)(4) by increasing each 
                of the dollar amounts contained in the table by a 
                percentage equal to the estimated percentage increase 
                in the Consumer Price Index (as determined by the 
                Secretary) between December 1992 and the December next 
                preceding the beginning of such academic year, and 
                rounding the result to the nearest $10.''; and
            (2) in paragraph (2), by striking ``shall be developed'' 
        and all that follows through the period at the end and 
        inserting ``shall be developed for each academic year after 
        academic year 2012-2013, by increasing each of the dollar 
        amounts contained in such section for academic year 2012-2013 
        by a percentage equal to the estimated percentage increase in 
        the Consumer Price Index (as determined by the Secretary) 
        between December 2011 and the December next preceding the 
        beginning of such academic year, and rounding the result to the 
        nearest $10.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2009.

SEC. 602. AUTOMATIC ZERO IMPROVEMENTS.

    (a) In General.--Section 479(c) (20 U.S.C. 1087ss(c)) is amended--
            (1) in paragraph (1)(B), by striking ``20,000'' and 
        inserting ``$30,000''; and
            (2) in paragraph (2)(B), by striking ``$20,000'' and 
        inserting ``$30,000''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2009.

SEC. 603. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.

    The third sentence of section 479A(a) (20 U.S.C. 1087tt(a)) is 
amended--
            (1) by inserting ``or an independent student'' after 
        ``family member''; and
            (2) by inserting ``a change in housing status that results 
        in homelessness (as defined in section 103 of the McKinney-
        Vento Homeless Assistance Act),'' after ``under section 487,''.

SEC. 604. DEFINITIONS.

    (a) In General.--Section 480 (20 U.S.C. 1087vv) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``and no portion'' and inserting 
                ``no portion''; and
                    (B) by inserting ``and no distribution from any 
                qualified education benefit described in subsection 
                (f)(3) that is not subject to Federal income tax,'' 
                after ``1986,'';
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (1), (2), (3) 
                through (6), and (7) as subparagraphs (A), (B), (D) 
                through (G), and (I), respectively, and indenting 
                appropriately;
                    (B) by striking ``Independent Student.--The term'' 
                and inserting ``Independent Student.--
            ``(1) Definition.--The term'';
                    (C) by striking subparagraph (B) (as redesignated 
                by subparagraph (A)) and inserting the following:
                    ``(B) is an orphan, in foster care, or a ward of 
                the court, or was in foster care or a ward of the court 
                until the individual reached the age of 18;
                    ``(C) is an emancipated minor or is in legal 
                guardianship as determined by a court of competent 
                jurisdiction in the individual's State of legal 
                residence;'';
                    (D) in subparagraph (G) (as redesignated by 
                subparagraph (A)), by striking ``or'' after the 
                semicolon;
                    (E) by inserting after subparagraph (G) (as 
                redesignated by subparagraph (A)) the following:
                    ``(H) has been verified as an unaccompanied youth 
                who is a homeless child or youth (as such terms are 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act) during the school year in which the 
                application is submitted, by--
                            ``(i) a local educational agency homeless 
                        liaison, designated pursuant to section 
                        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                        Assistance Act;
                            ``(ii) the director of a program funded 
                        under the Runaway and Homeless Youth Act or a 
                        designee of the director; or
                            ``(iii) the director of a program funded 
                        under subtitle B of title IV of the McKinney-
                        Vento Homeless Assistance Act (relating to 
                        emergency shelter grants) or a designee of the 
                        director; or''; and
                    (F) by adding at the end the following:
            ``(2) Simplifying the dependency override process.--A 
        financial aid administrator may make a determination of 
        independence under paragraph (1)(I) based upon a documented 
        determination of independence that was previously made by 
        another financial aid administrator under such paragraph in the 
        same award year.'';
            (3) in subsection (e)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) special combat pay.'';
            (4) in subsection (f), by striking paragraph (3) and 
        inserting the following:
            ``(3) A qualified education benefit shall be considered an 
        asset of--
                    ``(A) the student if the student is an independent 
                student; or
                    ``(B) the parent if the student is a dependent 
                student, regardless of whether the owner of the account 
                is the student or the parent.'';
            (5) in subsection (j)--
                    (A) in paragraph (2), by inserting ``, or a 
                distribution that is not includable in gross income 
                under section 529 of such Code, under another prepaid 
                tuition plan offered by a State, or under a Coverdell 
                education savings account under section 530 of such 
                Code,'' after ``1986''; and
                    (B) by adding at the end the following:
    ``(4) Notwithstanding paragraph (1), special combat pay shall not 
be treated as estimated financial assistance for purposes of section 
471(3).''; and
            (6) by adding at the end the following:
    ``(n) Special Combat Pay.--The term `special combat pay' means pay 
received by a member of the Armed Forces because of exposure to a 
hazardous situation.''.

SEC. 605. AUTHORIZATION AND APPROPRIATIONS.

    There are authorized to be appropriated, and there are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, $10,000,000 for fiscal year 2008 for the Department of 
Education to pay the estimated increase in costs in the Federal Pell 
Grant program under section 401 of the Higher Education Act of 1965 (20 
U.S.C. 1070a) resulting from the amendments made by sections 603 and 
604 for award year 2007-2008.

      TITLE VII--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

SEC. 701. STUDENT ELIGIBILITY.

    (a) Amendments.--Section 484(r) (20 U.S.C. 1091(r)) is amended--
            (1) in the table in paragraph (1), by inserting ``while 
        such student is enrolled in an institution of higher education 
        and receiving financial assistance under this title'' after 
        ``of a controlled substance'' each place the term appears;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(4) Interaction with fafsa.--The Secretary shall not 
        require a student to provide information regarding the 
        student's possession or sale of a controlled substance on the 
        Free Application for Federal Student Aid (FAFSA) or any other 
        common financial reporting form described in section 483(a).''.
    (b) Authorization and Appropriations.--There are authorized to be 
appropriated, and there are appropriated, out of any money in the 
Treasury not otherwise appropriated, $5,000,000 for fiscal year 2008 
for the Department of Education to pay the estimated increase in costs 
in the Federal Pell Grant program under section 401 of the Higher 
Education Act of 1965 (20 U.S.C. 1070a) resulting from the amendments 
made by subsection (a) for award year 2007-2008.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. COMPETITIVE LOAN AUCTION PILOT PROGRAM.

    Title IV (20 U.S.C. 1070 et seq.) is further amended by adding at 
the end the following:

 ``PART I--COMPETITIVE LOAN AUCTION PILOT PROGRAM; STATE GRANT PROGRAM

``SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible federal plus loan.--The term `eligible 
        Federal PLUS Loan' means a loan described in section 428B made 
        to a parent of a dependent student.
            ``(2) Eligible lender.--The term `eligible lender' has the 
        meaning given the term in section 435.
    ``(b) Pilot Program.--The Secretary shall carry out a pilot program 
under which the Secretary establishes a mechanism for an auction of 
eligible Federal PLUS Loans in accordance with this subsection. The 
pilot program shall meet the following requirements:
            ``(1) Planning and implementation.--During the period 
        beginning on the date of enactment of this section and ending 
        on June 30, 2009, the Secretary shall plan and implement the 
        pilot program under this subsection.
            ``(2) Origination and disbursement; applicability of 
        section 428b.--Beginning on July 1, 2009, the Secretary shall 
        arrange for the origination and disbursement of all eligible 
        Federal PLUS Loans in accordance with the provisions of this 
        subsection and the provisions of section 428B that are not 
        inconsistent with this subsection.
            ``(3) Loan origination mechanism.--The Secretary shall 
        establish a loan origination auction mechanism that meets the 
        following requirements:
                    ``(A) Auction.--The Secretary administers an 
                auction under this paragraph for each State under which 
                eligible lenders compete to originate eligible Federal 
                PLUS Loans under this paragraph at all institutions of 
                higher education within the State.
                    ``(B) Prequalification process.--The Secretary 
                establishes a prequalification process for eligible 
                lenders desiring to participate in an auction under 
                this paragraph that contains, at a minimum--
                            ``(i) a set of borrower benefits and 
                        servicing requirements each eligible lender 
                        shall meet in order to participate in such an 
                        auction; and
                            ``(ii) an assessment of each such eligible 
                        lender's capacity, including capital capacity, 
                        to participate effectively.
                    ``(C) Timing and origination.--Each State auction 
                takes place every 2 years, and the eligible lenders 
                with the winning bids for the State are the only 
                eligible lenders permitted to originate eligible 
                Federal PLUS Loans made under this paragraph for the 
                cohort of students at the institutions of higher 
                education within the State until the students graduate 
                from or leave the institutions of higher education.
                    ``(D) Bids.--Each eligible lender's bid consists of 
                the amount of the special allowance payment (including 
                the recapture of excess interest) the eligible lender 
                proposes to accept from the Secretary with respect to 
                the eligible Federal PLUS Loans made under this 
                paragraph in lieu of the amount determined under 
                section 438(b)(2)(I).
                    ``(E) Maximum bid.--The maximum bid allowable under 
                this paragraph shall not exceed the amount of the 
                special allowance payable on eligible Federal PLUS 
                Loans made under this paragraph computed under section 
                438(b)(2)(I) (other than clauses (ii), (iii), (iv), and 
                (vi) of such section), except that for purposes of the 
                computation under this subparagraph, section 
                438(b)(2)(I)(i)(III) shall be applied by substituting 
                `1.74 percent' for `2.34 percent'.
                    ``(F) Winning bids.--The winning bids for each 
                State auction shall be the 2 bids containing the lowest 
                and the second lowest proposed special allowance 
                payments, subject to subparagraph (E).
                    ``(G) Agreement with secretary.--Each eligible 
                lender having a winning bid under subparagraph (F) 
                enters 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--
                                    ``(I) seeks an eligible Federal 
                                PLUS Loan under this paragraph to 
                                enable a dependent student to attend an 
                                institution of higher education within 
                                the State;
                                    ``(II) is eligible for an eligible 
                                Federal PLUS Loan; and
                                    ``(III) elects to borrow from the 
                                eligible lender; and
                            ``(ii) agrees to accept a special allowance 
                        payment (including the recapture of excess 
                        interest) from the Secretary with respect to 
                        the eligible Federal PLUS Loans originated 
                        under clause (i) in the amount proposed in the 
                        second lowest winning bid described in 
                        subparagraph (F) for the applicable State 
                        auction.
                    ``(H) Sealed bids; confidentiality.--All bids are 
                sealed and the Secretary keeps the bids confidential, 
                including following the announcement of the winning 
                bids.
                    ``(I) Eligible lender of last resort.--
                            ``(i) In general.--In the event that there 
                        is no winning bid under subparagraph (F), the 
                        students at the institutions of higher 
                        education within the State that was the subject 
                        of the auction shall be served by an eligible 
                        lender of last resort, as determined by the 
                        Secretary.
                            ``(ii) Determination of eligible lender of 
                        last resort.--Prior to the start of any auction 
                        under this paragraph, eligible lenders that 
                        desire to serve as an eligible lender of last 
                        resort shall submit an application to the 
                        Secretary at such time and in such manner as 
                        the Secretary may determine. Such application 
                        shall include an assurance that the eligible 
                        lender will meet the prequalification 
                        requirements described in subparagraph (B).
                            ``(iii) Geographic location.--The Secretary 
                        shall identify an eligible lender of last 
                        resort for each State.
                            ``(iv) Notification timing.--The Secretary 
                        shall not identify any eligible lender of last 
                        resort until after the announcement of all the 
                        winning bids for a State auction for any year.
                    ``(J) Guarantee against losses.--The Secretary 
                guarantees the eligible Federal PLUS Loans made under 
                this paragraph against losses resulting from the 
                default of a parent borrower in an amount equal to 99 
                percent of the unpaid principal and interest due on the 
                loan.
                    ``(K) Loan fees.--The Secretary shall not collect a 
                loan fee under section 438(d) with respect to an 
                eligible Federal Plus Loan originated under this 
                paragraph.
                    ``(L) Consolidation.--
                            ``(i) In general.--An eligible lender who 
                        is permitted to originate eligible Federal PLUS 
                        Loans for a borrower under this paragraph shall 
                        have the option to consolidate such loans into 
                        1 loan.
                            ``(ii) Notification.--In the event a 
                        borrower with eligible Federal PLUS Loans made 
                        under this paragraph wishes to consolidate the 
                        loans, the borrower shall notify the eligible 
                        lender who originated the loans under this 
                        paragraph.
                            ``(iii) Limitation on eligible lender 
                        option to consolidate.--The option described in 
                        clause (i) shall not apply if--
                                    ``(I) the borrower includes in the 
                                notification in clause (ii) 
                                verification of consolidation terms and 
                                conditions offered by an eligible 
                                lender other than the eligible lender 
                                described in clause (i); and
                                    ``(II) not later than 10 days after 
                                receiving such notification from the 
                                borrower, the eligible lender described 
                                in clause (i) does not agree to match 
                                such terms and conditions, or provide 
                                more favorable terms and conditions to 
                                such borrower than the offered terms 
                                and conditions described in subclause 
                                (I).
                            ``(iv) Consolidation of additional loans.--
                        If a borrower has a Federal Direct PLUS Loan or 
                        a loan made on behalf of a dependent student 
                        under section 428B and seeks to consolidate 
                        such loan with an eligible Federal PLUS Loan 
                        made under this paragraph, then the eligible 
                        lender that originated the borrower's loan 
                        under this paragraph may include in the 
                        consolidation under this subparagraph a Federal 
                        Direct PLUS Loan or a loan made on behalf of a 
                        dependent student under section 428B, but only 
                        if--
                                    ``(I) in the case of a Federal 
                                Direct PLUS Loan, the eligible lender 
                                agrees, not later than 10 days after 
                                the borrower requests such 
                                consolidation from the lender, to match 
                                the consolidation terms and conditions 
                                that would otherwise be available to 
                                the borrower if the borrower 
                                consolidated such loans in the loan 
                                program under part D; or
                                    ``(II) in the case of a loan made 
                                on behalf of a dependent student under 
                                section 428B, the eligible lender 
                                agrees, not later than 10 days after 
                                the borrower requests such 
                                consolidation from the lender, to match 
                                the consolidation terms and conditions 
                                offered by an eligible lender other 
                                than the eligible lender that 
                                originated the borrower's loans under 
                                this paragraph.
                            ``(v) Special allowance on consolidation 
                        loans that include loans made under this 
                        paragraph.--The applicable special allowance 
                        payment for loans consolidated under this 
                        paragraph shall be equal to the lesser of--
                                    ``(I) the weighted average of the 
                                special allowance payment on such 
                                loans, except that such weighted 
                                average shall exclude the special 
                                allowance payment for any Federal 
                                Direct PLUS Loan included in the 
                                consolidation; or
                                    ``(II) the result of--
                                            ``(aa) the average of the 
                                        bond equivalent rates of the 
                                        quotes of the 3-month 
                                        commercial paper (financial) 
                                        rates in effect for each of the 
                                        days in such quarter as 
                                        reported by the Federal Reserve 
                                        in Publication H-15 (or its 
                                        successor) for such 3-month 
                                        period; plus
                                            ``(bb) 1.59 percent.
                            ``(vi) Interest payment rebate fee.--Any 
                        loan under section 428C consolidated under this 
                        paragraph shall not be subject to the interest 
                        payment rebate fee under section 428C(f).
    ``(c) College Access Partnership Grant Program.--
            ``(1) Purpose.--It is the purpose of this subsection to 
        make payments to States to assist the States in carrying out 
        the activities and services described in paragraph (7) in order 
        to increase access to higher education for students in the 
        State.
            ``(2) Authorization and appropriations.--There are 
        authorized to be appropriated, and there are appropriated, 
        $25,000,000 for each of the fiscal years 2008 and 2009 to carry 
        out this subsection.
            ``(3) Program authorized.--
                    ``(A) Grants authorized.--From amounts appropriated 
                under paragraph (2), the Secretary shall award grants, 
                from allotments under paragraph (4), to States having 
                applications approved under paragraph (5), to enable 
                the State to pay the Federal share of the costs of 
                carrying out the activities and services described in 
                paragraph (7).
                    ``(B) Federal share; non-federal share.--
                            ``(i) Federal share.--The amount of the 
                        Federal share under this subsection for a 
                        fiscal year shall be equal to \2/3\ of the 
                        costs of the activities and services described 
                        in paragraph (7).
                            ``(ii) Non-federal share.--The amount of 
                        the non-Federal share under this subsection 
                        shall be equal to \1/3\ of the costs of the 
                        activities and services described in paragraph 
                        (7). The non-Federal share may be in cash or 
                        in-kind, and may be provided from a combination 
                        of State resources and contributions from 
                        private organizations in the State.
                    ``(C) Reduction for failure to pay non-federal 
                share.--If a State fails to provide the full non-
                Federal share required under this paragraph, the 
                Secretary shall reduce the amount of the grant payment 
                under this subsection proportionately.
                    ``(D) Temporary ineligibility for subsequent 
                payments.--
                            ``(i) In general.--The Secretary shall 
                        determine a State to be temporarily ineligible 
                        to receive a grant payment under this 
                        subsection for a fiscal year if--
                                    ``(I) the State fails to submit an 
                                annual report pursuant to paragraph (9) 
                                for the preceding fiscal year; or
                                    ``(II) the Secretary determines, 
                                based on information in such annual 
                                report, that the State is not 
                                effectively meeting the conditions 
                                described under paragraph (8) and the 
                                goals of the application under 
                                paragraph (5).
                            ``(ii) Reinstatement.--If the Secretary 
                        determines a State is ineligible under clause 
                        (i), the Secretary may enter into an agreement 
                        with the State setting forth the terms and 
                        conditions under which the State may regain 
                        eligibility to receive payments under this 
                        subsection.
            ``(4) Determination of allotment.--
                    ``(A) Amount of allotment.--Subject to subparagraph 
                (B), in making grant payments to States under this 
                subsection, the allotment to each State for a fiscal 
                year shall be equal to the sum of--
                            ``(i) the amount that bears the same 
                        relation to 50 percent of the amount 
                        appropriated under paragraph (2) for such 
                        fiscal year as the number of residents in the 
                        State aged 5 through 17 who are living below 
                        the poverty line applicable to the resident's 
                        family size (as determined under section 673(2) 
                        of the Community Service Block Grant Act) bears 
                        to the total number of such residents in all 
                        States; and
                            ``(ii) the amount that bears the same 
                        relation to 50 percent of the amount 
                        appropriated under paragraph (2) for such 
                        fiscal year as the number of residents in the 
                        State aged 15 through 44 who are living below 
                        the poverty line applicable to the individual's 
                        family size (as determined under section 673(2) 
                        of the Community Service Block Grant Act) bears 
                        to the total number of such residents in all 
                        States.
                    ``(B) Minimum amount.--No State shall receive an 
                allotment under this subsection for a fiscal year in an 
                amount that is less than \1/2\ of 1 percent of the 
                total amount appropriated under paragraph (2) for such 
                fiscal year.
            ``(5) Submission and contents of application.--
                    ``(A) In general.--For each fiscal year for which a 
                State desires a grant payment under paragraph (3), the 
                State agency with jurisdiction over higher education, 
                or another agency designated by the Governor of the 
                State to administer the program under this subsection, 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing the information 
                described in subparagraph (B).
                    ``(B) Application.--An application submitted under 
                subparagraph (A) shall include the following:
                            ``(i) A description of the State's capacity 
                        to administer the grant under this subsection 
                        and report annually to the Secretary on the 
                        activities and services described in paragraph 
                        (7).
                            ``(ii) A description of the State's plan 
                        for using the grant funds to meet the 
                        requirements of paragraphs (7) and (8), 
                        including plans for how the State will make 
                        special efforts to provide such benefits to 
                        students in the State that are underrepresented 
                        in postsecondary education.
                            ``(iii) A description of how the State will 
                        provide or coordinate the non-Federal share 
                        from State and private funds, if applicable.
                            ``(iv) A description of the existing 
                        structure that the State has in place to 
                        administer the activities and services under 
                        paragraph (7) or the plan to develop such 
                        administrative capacity.
            ``(6) Payment to eligible nonprofit organizations.--A State 
        receiving a payment under this subsection may elect to make a 
        payment to 1 or more eligible nonprofit organizations, 
        including an eligible not-for-profit holder (as defined in 
        section 438(p)), or a partnership of such organizations, in the 
        State in order to carry out activities or services described in 
        paragraph (7), if the eligible nonprofit organization or 
        partnership--
                    ``(A) was in existence on the day before the date 
                of enactment of the Higher Education Access Act of 
                2007; and
                    ``(B) as of the day of such payment, is 
                participating in activities and services related to 
                increasing access to higher education, such as those 
                activities and services described in paragraph (7).
            ``(7) Allowable uses.--
                    ``(A) In general.--Subject to subparagraph (C), a 
                State may use a grant payment under this subsection 
                only for the following activities and services, 
                pursuant to the conditions under paragraph (8):
                            ``(i) Information for students and families 
                        regarding--
                                    ``(I) the benefits of a 
                                postsecondary education;
                                    ``(II) postsecondary education 
                                opportunities;
                                    ``(III) planning for postsecondary 
                                education; and
                                    ``(IV) career preparation.
                            ``(ii) Information on financing options for 
                        postsecondary education and activities that 
                        promote financial literacy and debt management 
                        among students and families.
                            ``(iii) Outreach activities for students 
                        who may be at risk of not enrolling in or 
                        completing postsecondary education.
                            ``(iv) Assistance in completion of the Free 
                        Application for Federal Student Aid or other 
                        common financial reporting form under section 
                        483(a).
                            ``(v) Need-based grant aid for students.
                            ``(vi) Professional development for 
                        guidance counselors at middle schools and 
                        secondary schools, and financial aid 
                        administrators and college admissions 
                        counselors at institutions of higher education, 
                        to improve such individuals' capacity to assist 
                        students and parents with--
                                    ``(I) understanding--
                                            ``(aa) entrance 
                                        requirements for admission to 
                                        institutions of higher 
                                        education; and
                                            ``(bb) State eligibility 
                                        requirements for Academic 
                                        Competitiveness Grants or 
                                        National SMART Grants under 
                                        section 401A, and other 
                                        financial assistance that is 
                                        dependent upon a student's 
                                        coursework;
                                    ``(II) applying to institutions of 
                                higher education;
                                    ``(III) applying for Federal 
                                student financial assistance and other 
                                State, local, and private student 
                                financial assistance and scholarships;
                                    ``(IV) activities that increase 
                                students' ability to successfully 
                                complete the coursework required for a 
                                postsecondary degree, including 
                                activities such as tutoring or 
                                mentoring; and
                                    ``(V) activities to improve 
                                secondary school students' preparedness 
                                for postsecondary entrance 
                                examinations.
                            ``(vii) Student loan cancellation or 
                        repayment (as applicable), or interest rate 
                        reductions, for borrowers who are employed in a 
                        high-need geographical area or a high-need 
                        profession in the State, as determined by the 
                        State.
                    ``(B) Prohibited uses.--Funds made available under 
                this subsection shall not be used to promote any 
                lender's loans.
                    ``(C) Use of funds for administrative purposes.--A 
                State may use not more than 2 percent of the total 
                amount of the Federal share and non-Federal share 
                provided under this subsection for administrative 
                purposes relating to the grant under this subsection.
            ``(8) Special conditions.--
                    ``(A) Availability to students and families.--A 
                State receiving a grant payment under this subsection 
                shall--
                            ``(i) make the activities and services 
                        described in clauses (i) through (vi) of 
                        paragraph (7)(A) that are funded under the 
                        payment available to all qualifying students 
                        and families in the State;
                            ``(ii) allow students and families to 
                        participate in the activities and services 
                        without regard to--
                                    ``(I) the postsecondary institution 
                                in which the student enrolls;
                                    ``(II) the type of student loan the 
                                student receives;
                                    ``(III) the servicer of such loan; 
                                or
                                    ``(IV) the student's academic 
                                performance;
                            ``(iii) not charge any student or parent a 
                        fee or additional charge to participate in the 
                        activities or services; and
                            ``(iv) in the case of an activity providing 
                        grant aid, not require a student to meet any 
                        condition other than eligibility for Federal 
                        financial assistance under this title, except 
                        as provided for in the loan cancellation or 
                        repayment or interest rate reductions described 
                        in paragraph (7)(A)(vii).
                    ``(B) Priority.--A State receiving a grant payment 
                under this subsection shall, in carrying out any 
                activity or service described in paragraph (7)(A) with 
                the grant funds, prioritize students and families who 
                are living below the poverty line applicable to the 
                individual's family size (as determined under section 
                673(2) of the Community Service Block Grant Act).
                    ``(C) Disclosures.--
                            ``(i) Organizational disclosures.--In the 
                        case of a State that has chosen to make a 
                        payment to an eligible not-for-profit holder in 
                        the State in accordance with paragraph (6), the 
                        holder shall clearly and prominently indicate 
                        the name of the holder and the nature of its 
                        work in connection with any of the activities 
                        carried out, or any information or services 
                        provided, with such funds.
                            ``(ii) Informational disclosures.--Any 
                        information about financing options for higher 
                        education provided through an activity or 
                        service funded under this subsection shall--
                                    ``(I) include information to 
                                students and the students' parents of 
                                the availability of Federal, State, 
                                local, institutional, and other grants 
                                and loans for postsecondary education; 
                                and
                                    ``(II) present information on 
                                financial assistance for postsecondary 
                                education that is not provided under 
                                this title in a manner that is clearly 
                                distinct from information on student 
                                financial assistance under this title.
                    ``(D) Coordination.--A State receiving a grant 
                payment under this subsection shall attempt to 
                coordinate the activities carried out with the payment 
                with any existing activities that are similar to such 
                activities, and with any other entities that support 
                the existing activities in the State.
            ``(9) Report.--A State receiving a payment under this 
        subsection shall prepare and submit an annual report to the 
        Secretary on the program under this subsection and on the 
        implementation of the activities and services described in 
        paragraph (7). The report shall include--
                    ``(A) each activity or service that was provided to 
                students and families over the course of the year;
                    ``(B) the cost of providing each activity or 
                service;
                    ``(C) the number, and percentage, if feasible and 
                applicable, of students who received each activity or 
                service; and
                    ``(D) the total contributions from private 
                organizations included in the State's non-Federal share 
                for the fiscal year.
            ``(10) Sunset.--The authority provided to carry out this 
        subsection shall expire on September 30, 2009.
    ``(d) Financial Literacy Program Established.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a nonprofit or for-profit 
        organization, or a consortium of such organizations, with a 
        demonstrated record of effectiveness in providing financial 
        literacy services to students at the secondary and 
        postsecondary level.
            ``(2) Program established.--From amounts appropriated under 
        paragraph (6), the Secretary shall award grants to eligible 
        entities to enable the eligible entities to increase the 
        financial literacy of students who are enrolled or will enroll 
        in an institution of higher education, including providing 
        instruction to students on topics such as the understanding of 
        loan terms and conditions, the calculation of interest rates, 
        refinancing of debt, debt management, and future savings for 
        education, health care and long-term care, and retirement.
            ``(3) Grant period; renewability.--Each grant under this 
        subsection shall be awarded for one 5-year period, and may not 
        be renewed.
            ``(4) Matching requirements.--Each eligible entity that 
        receives a grant under this subsection shall provide, from non-
        Federal sources, an amount (which may be provided in cash or in 
        kind) to carry out the activities supported by the grant equal 
        to 100 percent of the amount received under the grant.
            ``(5) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require. Such 
        application shall include the following:
                    ``(A) A detailed description of the eligible 
                entity's plans for providing financial literacy 
                activities and the students and schools the grant will 
                target.
                    ``(B) The eligible entity's plan for using the 
                matching grant funds, including how the funds will be 
                used to provide financial literacy programs to 
                students.
                    ``(C) A plan to ensure the viability of the work of 
                the eligible entity beyond the grant period.
                    ``(D) A detailed description of the activities that 
                carry out this subsection and that are conducted by the 
                eligible entity at the time of the application, and how 
                the matching grant funds will assist the eligible 
                entity with expanding and enhancing such activities.
                    ``(E) A description of the strategies that will be 
                used to target activities under the grant to students 
                in secondary school and enrolled in institutions of 
                higher education who are historically underrepresented 
                in institutions of higher education and who may benefit 
                from the activities of the eligible entity.
            ``(6) Authorization and appropriations.--There are 
        authorized to be appropriated, and there are appropriated, 
        $10,000,000 for each of the fiscal years 2008 and 2009 to carry 
        out this subsection.
    ``(e) Secondary School Graduation and College Enrollment Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible local educational agency.--
                            ``(i) In general.--The term `eligible local 
                        educational agency' means a local educational 
                        agency with a secondary school graduation rate 
                        of 70 percent or less--
                                    ``(I) in the aggregate; or
                                    ``(II) applicable to 2 or more 
                                subgroups of secondary school students 
                                served by the local educational agency 
                                that are described in clause (ii).
                            ``(ii) Subgroups.--A subgroup referred to 
                        in clause (i)(II) is--
                                    ``(I) a subgroup of economically 
                                disadvantaged students; or
                                    ``(II) a subgroup of students from 
                                a major racial or ethnic group.
                    ``(B) Eligible entity.--The term `eligible entity' 
                means a consortium of a nonprofit organization and an 
                institution of higher education with a demonstrated 
                record of effectiveness in raising secondary school 
                graduation rates and postsecondary enrollment rates.
            ``(2) Program established.--From amounts appropriated under 
        paragraph (7), the Secretary shall award grants to eligible 
        entities to enable the eligible entities to carry out 
        activities that--
                    ``(A) create models of excellence for academically 
                rigorous secondary schools, including early college 
                secondary schools;
                    ``(B) increase secondary school graduation rates;
                    ``(C) raise the rate of students who enroll in an 
                institution of higher education;
                    ``(D) improve instruction and access to supports 
                for struggling secondary school students;
                    ``(E) create, implement, and utilize early warning 
                systems to help identify students at risk of dropping 
                out of secondary school; and
                    ``(F) improve communication between parents, 
                students, and schools concerning requirements for 
                secondary school graduation, postsecondary education 
                enrollment, and financial assistance available for 
                attending postsecondary education.
            ``(3) Use of funds.--An eligible entity that receives a 
        grant under this subsection shall use the funds--
                    ``(A) to implement a college-preparatory curriculum 
                for all students in a secondary school served by the 
                eligible local educational agency that is, at a 
                minimum, aligned with a rigorous secondary school 
                program of study;
                    ``(B) to implement accelerated academic catch-up 
                programs, for students who enter secondary school not 
                meeting the proficient levels of student academic 
                achievement on the State academic assessments for 
                mathematics, reading or language arts, or science under 
                section 1111(b)(3) of the Elementary and Secondary 
                Education Act of 1965, that enable such students to 
                meet the proficient levels of achievement and remain on 
                track to graduate from secondary school on time with a 
                regular secondary school diploma;
                    ``(C) to implement an early warning system to 
                quickly identify students at risk of dropping out of 
                secondary school, including systems that track student 
                absenteeism; and
                    ``(D) to implement a comprehensive postsecondary 
                education guidance program that--
                            ``(i) will ensure that all students are 
                        regularly notified throughout the students' 
                        time in secondary school of secondary school 
                        graduation requirements and postsecondary 
                        education entrance requirements; and
                            ``(ii) provides guidance and assistance to 
                        students in applying to an institution of 
                        higher education and in applying for Federal 
                        financial assistance and other State, local, 
                        and private financial assistance and 
                        scholarships.
            ``(4) Grant period; renewability.--Each grant under this 
        subsection shall be awarded for one 5-year period, and may not 
        be renewed.
            ``(5) Matching requirements.--Each eligible entity that 
        receives a grant under this subsection shall provide, from non-
        Federal sources, an amount (which may be provided in cash or 
        in-kind) to carry out the activities supported by the grant 
        equal to 100 percent of the amount received under the grant.
            ``(6) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require.
            ``(7) Authorization and appropriations.--There are 
        authorized to be appropriated, and there are appropriated, 
        $25,000,000 for each of the fiscal years 2008 and 2009 to carry 
        out this subsection.''.
                                                       Calendar No. 266

110th CONGRESS

  1st Session

                                S. 1762

_______________________________________________________________________

                                 A BILL

To provide for reconciliation pursuant to section 602 of the concurrent 
    resolution on the budget for fiscal year 2008 (S. Con. Res. 21).

_______________________________________________________________________

                             July 10, 2007

                 Read twice and placed on the calendar