[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1777 Enrolled Bill (ENR)]
H.R.1777
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
To make technical corrections to the Higher Education Act of 1965, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. References.
Sec. 3. Effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. General provisions.
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality enhancement.
TITLE III--INSTITUTIONAL AID
Sec. 301. Institutional aid.
Sec. 302. Multiagency study of minority science programs.
TITLE IV--STUDENT ASSISTANCE
Sec. 401. Grants to students in attendance at institutions of higher
education.
Sec. 402. Federal Family Education Loan Program.
Sec. 403. Federal work-study programs.
Sec. 404. Federal Direct Loan Program.
Sec. 405. Federal Perkins Loans.
Sec. 406. Need analysis.
Sec. 407. General provisions of title IV.
Sec. 408. Program integrity.
Sec. 409. Waiver of master calendar and negotiated rulemaking
requirements.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Developing institutions.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Sec. 601. International education programs.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT
Sec. 701. Graduate and postsecondary improvement programs.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
Sec. 802. Amendments to other higher education Acts.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect as if enacted on the date of enactment of
the Higher Education Opportunity Act (Public Law 110-315).
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL PROVISIONS.
(a) Higher Education Opportunity Act.--
(1) General definition of institution of higher education.--
Section 101(b) of the Higher Education Opportunity Act (Public Law
110-315) is amended by striking ``July 1, 2010'' and inserting
``the date of enactment of this Act''.
(2) Definition of institution of higher education for purposes
of title iv programs.--Section 102(e) of the Higher Education
Opportunity Act (Public Law 110-315) is amended by striking the
period at the end and inserting ``, except that, with respect to
foreign nursing schools that were eligible to participate in part B
of title IV as of the day before the date of enactment of this Act,
the amendments made by subsection (a)(1)(D) shall take effect on
July 1, 2012.''.
(b) Higher Education Act of 1965.--Title I (20 U.S.C. 1001 et seq.)
is amended--
(1) in section 102(a)(2)(D) (20 U.S.C. 1002(a)(2)(D)), by
striking ``under part B'' and inserting ``under part B of title
IV'';
(2) in section 111(b) (20 U.S.C. 1011(b)), by striking ``With''
and inserting ``with'';
(3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C.
1015(a)(3)(A)(iii)(I)), by striking ``section 428(a)(2)(C)(i)'' and
inserting ``section 428(a)(2)(C)(ii)'';
(4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), by striking
``(Family Educational Rights and Privacy Act of 1974)'' and
inserting ``(commonly known as the `Family Educational Rights and
Privacy Act of 1974')'';
(5) in section 141 (20 U.S.C. 1018)--
(A) in the matter preceding subparagraph (A) of subsection
(c)(3), by striking ``under this title'' and inserting ``under
title IV''; and
(B) in subsection (d)(3), by striking ``appropriate
committees of Congress'' and inserting ``authorizing
committees'';
(6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C.
1019b(a)(1)(B)(iii)(V)), by striking ``borrowers who take out loans
under'' each place the term appears and inserting ``borrowers of
loans made under''; and
(7) in section 155(a) (20 U.S.C. 1019d(a)), by striking
paragraph (4) and inserting the following:
``(4) include a place to provide information on--
``(A) the applicant's cost of attendance at the institution
of higher education, as determined by the institution under
part F of title IV;
``(B) the applicant's estimated financial assistance,
including amounts of financial assistance used to replace the
expected family contribution, as determined by the institution,
in accordance with title IV, for students who have completed
the Free Application for Federal Student Aid; and
``(C) the difference between the amounts under
subparagraphs (A) and (B), as applicable; and''.
TITLE II--TEACHER QUALITY ENHANCEMENT
SEC. 201. TEACHER QUALITY ENHANCEMENT.
Title II (20 U.S.C. 1021 et seq.) is amended--
(1) in section 200(22) (20 U.S.C. 1021(22)), by striking
subparagraph (D) and inserting the following:
``(D) prior to completion of the program--
``(i) attains full State certification or licensure and
becomes highly qualified; and
``(ii) acquires a master's degree not later than 18
months after beginning the program.'';
(2) in section 202 (20 U.S.C. 1022a)--
(A) in subsection (b)(6)(E)(ii), by striking ``section
1111(b)(2)'' and inserting ``section 1111(b)(1)'';
(B) in subsection (c)(1), by striking ``pre-
baccalaureate'';
(C) in subsection (d)--
(i) in the heading, by striking ``Pre-Baccalaureate''
and inserting ``the''; and
(ii) in the matter preceding paragraph (1), by striking
``An eligible partnership that receives a grant to carry
out an effective program for the pre-baccalaureate
preparation of teachers shall carry out a program that
includes all of the following:'' and inserting ``An
eligible partnership that receives a grant to carry out a
program for the preparation of teachers shall carry out an
effective pre-baccalaureate teacher preparation program or
a 5th year initial licensing program that includes all of
the following:'';
(D) in subsection (e)(2)--
(i) in subparagraph (A)(ii), by striking ``to earn''
and inserting ``leading to''; and
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``one-year'' before
``teaching residency program''; and
(II) in clause (iii)(I), by striking ``one-year'';
and
(E) in subsection (i)(3), by striking ``consent of'' and
inserting ``consent to''; and
(3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), by striking
``serve graduate'' and inserting ``assist in the graduation of''.
TITLE III--INSTITUTIONAL AID
SEC. 301. INSTITUTIONAL AID.
Title III (20 U.S.C. 1051 et seq.) is amended--
(1) in section 316 (20 U.S.C. 1059c)--
(A) in subsection (a), by striking ``Indian Tribal'' and
inserting ``Tribal''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``the Tribally
Controlled College or University Assistance Act of 1978''
and inserting ``the Tribally Controlled Colleges and
Universities Assistance Act of 1978'';
(ii) in paragraph (2), by striking ``the Tribally
Controlled College or University Assistance Act of 1978''
and inserting ``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''; and
(iii) in paragraph (3)(A), by striking ``the Navajo
Community College Assistance Act of 1978'' and inserting
``the Navajo Community College Act'';
(2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), by striking
subparagraph (F) and inserting the following:
``(F) is not receiving assistance under--
``(i) part B;
``(ii) part A of title V; or
``(iii) an annual authorization of appropriations under
the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).'';
(3) in section 323(a) (20 U.S.C. 1062(a)), in the matter
preceding paragraph (1), by striking ``in any fiscal year'' and
inserting ``for any fiscal year,'';
(4) in section 324(d) (20 U.S.C. 1063(d))--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Notwithstanding subsections (a)'' and
inserting ``(1) Notwithstanding subsections (a)''; and
(C) by adding at the end the following:
``(2) If the amount appropriated pursuant to section 399(a)(2)(A)
for any fiscal year is not sufficient to pay the minimum allotment
required by paragraph (1) to all part B institutions, the amount of
such minimum allotments shall be ratably reduced. If additional sums
become available for such fiscal year, such reduced allocations shall
be increased on the same basis as the basis on which they were reduced
(until the amount allotted equals the minimum allotment required by
paragraph (1)).'';
(5) in section 351(a) (20 U.S.C. 1067a(a))--
(A) by striking ``section 304(a)(1)'' and inserting
``section 303(a)(1)''; and
(B) by striking ``of 1979'';
(6) in section 355(a) (20 U.S.C. 1067e(a)), by striking ``302''
and inserting ``312'';
(7) in section 371(c) (20 U.S.C. 1067q(c))--
(A) in paragraph (3)(D), by striking ``402A(g)'' and
inserting ``402A(h)'';
(B) in paragraph (4), by striking ``402A(g)'' and inserting
``402A(h)''; and
(C) in paragraph (9)--
(i) in subparagraph (C)(iii), by striking ``402A(g)''
and inserting ``402A(h)''; and
(ii) by amending subparagraph (F) to read as follows:
``(F) is not receiving assistance under--
``(i) part B;
``(ii) part A of title V; or
``(iii) an annual authorization of appropriations under
the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).'';
and
(8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), by striking
``College or University'' and inserting ``Colleges and
Universities''.
SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE PROGRAMS.
Section 1024 (20 U.S.C. 1067d) is repealed.
TITLE IV--STUDENT ASSISTANCE
SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) Amendments.--Part A of title IV (20 U.S.C. 1070 et seq.) is
amended--
(1) in section 400(b) (20 U.S.C. 1070(b)), by striking ``1
through 8'' and inserting ``1 through 9'';
(2) in section 401 (20 U.S.C. 1070a)--
(A) in the second sentence of subsection (a)(1), by
striking ``manner,,'' and inserting ``manner,'';
(B) in subsection (b)(1), by striking ``section 401'' and
inserting ``this section''; and
(C) in subsection (b)(9)(A)--
(i) in clause (vi), by striking ``$105,000,000'' and
inserting ``$258,000,000''; and
(ii) in clause (viii), by striking ``$4,400,000,000''
and inserting ``$4,452,000,000'';
(3) by striking paragraph (4) of section 401(f) (20 U.S.C.
1070a(f)), as added by section 401(c) of the Higher Education
Opportunity Act (Public Law 110-315);
(4) in section 402A (20 U.S.C. 1070a-11)--
(A) in subsection (b)(1), by striking ``organizations
including'' and inserting ``organizations, including''; and
(B) in subsection (c)(8)(C)(iv)(I), by inserting ``to be''
after ``determined'';
(5) in section 402E(d)(2)(C) (20 U.S.C. 1070a-15(d)(2)(C)), by
striking ``320.'' and inserting ``320'';
(6) in section 415E(b)(1)(B) (20 U.S.C. 1070c-3a(b)(1)(B))--
(A) in clause (i), by striking ``If a'' and inserting
``Except as provided in clause (ii), if a'';
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) (as amended by
subparagraph (A)) the following:
``(ii) Special continuation and transition rule.--If a
State that applied for and received an allotment under this
section for fiscal year 2010 pursuant to subsection (j)
meets the specifications established in the State's
application under subsection (c) for fiscal year 2011, then
the Secretary shall make an allotment to such State for
fiscal year 2011 that is not less than the allotment made
pursuant to subsection (j) to such State for fiscal year
2010 under this section (as this section was in effect on
the day before the date of enactment of the Higher
Education Opportunity Act (Public Law 110-315)).'';
(7) in section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)), by
inserting ``and'' after the semicolon at the end;
(8) in section 419D(d) (20 U.S.C. 1070d-34(d)), by striking
``1134'' and inserting ``134''; and
(9) by adding at the end the following:
``Subpart 10--Scholarships for Veteran's Dependents
``SEC. 420R. SCHOLARSHIPS FOR VETERAN'S DEPENDENTS.
``(a) Definition of Eligible Veteran's Dependent.--The term
`eligible veteran's dependent' means a dependent or an independent
student--
``(1) whose parent or guardian was a member of the Armed Forces
of the United States and died as a result of performing military
service in Iraq or Afghanistan after September 11, 2001; and
``(2) who, at the time of the parent or guardian's death, was--
``(A) less than 24 years of age; or
``(B) enrolled at an institution of higher education on a
part-time or full-time basis.
``(b) Grants.--
``(1) In general.--The Secretary shall award a grant to each
eligible veteran's dependent to assist in paying the eligible
veteran's dependent's cost of attendance at an institution of
higher education.
``(2) Designation.--Grants made under this section shall be
known as `Iraq and Afghanistan Service Grants'.
``(c) Prevention of Double Benefits.--No eligible veteran's
dependent may receive a grant under both this section and section 401.
``(d) Terms and Conditions.--The Secretary shall award grants under
this section in the same manner, and with the same terms and
conditions, including the length of the period of eligibility, as the
Secretary awards Federal Pell Grants under section 401, except that--
``(1) the award rules and determination of need applicable to
the calculation of Federal Pell Grants, shall not apply to grants
made under this section;
``(2) the provisions of subsection (a)(3), subsection (b)(1),
the matter following subsection (b)(2)(A)(v), subsection (b)(3),
and subsection (f), of section 401 shall not apply; and
``(3) a grant made under this section to an eligible veteran's
dependent for any award year shall equal the maximum Federal Pell
Grant available for that award year, except that such a grant under
this section--
``(A) shall not exceed the cost of attendance of the
eligible veteran's dependent for that award year; and
``(B) shall be adjusted to reflect the attendance by the
eligible veteran's dependent on a less than full-time basis in
the same manner as such adjustments are made under section 401.
``(e) Estimated Financial Assistance.--For purposes of
determinations of need under part F, a grant awarded under this section
shall not be treated as estimated financial assistance as described in
sections 471(3) and 480(j).
``(f) Authorization and Appropriations of Funds.--There are
authorized to be appropriated, and there are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Secretary to
carry out this section, such sums as may be necessary for fiscal year
2010 and each succeeding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)(9) shall
take effect on July 1, 2010.
(c) Higher Education Opportunity Act.--Section 404 of the Higher
Education Opportunity Act (Public Law 110-315) is amended by adding at
the end the following new subsection:
``(i) Effective Date; Transition.--
``(1) In general.--The amendments made by subsection (e) shall
apply to grants made under chapter 2 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et
seq.) on or after the date of enactment of this Act, except that a
recipient of a grant under such chapter that is made prior to such
date may elect to apply the requirements contained in the
amendments made by subsection (e) to that grant if the grant
recipient informs the Secretary of the election.
``(2) Special rule.--A grant recipient may make the election
described in paragraph (1) only if the election does not decrease
the amount of the scholarship promised to an individual student
under the grant.''.
SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM.
(a) Amendment to Provision Amended by the College Cost Reduction
and Access Act.--
(1) In general.--Section 428(b)(1)(G)(i) (20 U.S.C.
1078(b)(1)(G)(i)), as amended by section 303 of the College Cost
Reduction and Access Act (Public Law 110-84), is amended by
striking ``or 439(q)''.
(2) Effective date.--The amendment made by paragraph (1) shall
be effective as if enacted as part of the amendment in section
303(a) of the College Cost Reduction and Access Act (Public Law
110-84), shall take effect on October 1, 2012, and shall apply with
respect to loans made on or after such date.
(b) Entrance Counseling Functions.--
(1) Guaranty agencies.--Section 428(b)(3) (20 U.S.C.
1078(b)(3)) is amended--
(A) in subparagraph (C), by inserting ``or 485(l)'' after
``section 485(b)''; and
(B) in subparagraph (D), by inserting ``or 485(l)'' after
``section 485(b)''.
(2) Eligible lenders.--Section 435(d)(5) (20 U.S.C. 1085(d)(5))
is amended--
(A) in subparagraph (E), by inserting ``or 485(l)'' after
``section 485(b)''; and
(B) in subparagraph (F), by inserting ``or 485(l)'' after
``section 485(b)''.
(c) Amendment to Provision Amended by the Higher Education
Opportunity Act.--
(1) In general.--Section 428C(c)(3)(A) (20 U.S.C. 1078-
3(c)(3)(A)), as amended by section 425 of the Higher Education
Opportunity Act (Public Law 110-315), is amended by striking
``section 493C'' and inserting ``section 493C,''.
(2) Effective date.--The amendment made by paragraph (1) shall
be effective as if enacted as part of the amendments in section
425(d)(1) of the Higher Education Opportunity Act (Public Law 110-
315), and shall take effect on July 1, 2009.
(d) Rehabilitation of Student Loans.--
(1) Section 428F (20 U.S.C. 1078-6) is amended--
(A) in subsection (a)--
(i) by amending paragraph (1) to read as follows:
``(1) Sale or assignment of loan.--
``(A) In general.--Each guaranty agency, upon securing 9
payments made within 20 days of the due date during 10
consecutive months of amounts owed on a loan for which the
Secretary has made a payment under paragraph (1) of section
428(c), shall--
``(i) if practicable, sell the loan to an eligible
lender; or
``(ii) on or before September 30, 2011, assign the loan
to the Secretary if--
``(I) the Secretary has determined that market
conditions unduly limit a guaranty agency's ability to
sell loans under clause (i); and
``(II) the guaranty agency has been unable to sell
loans under clause (i).
``(B) Monthly payments.--Neither the guaranty agency nor
the Secretary shall demand from a borrower as monthly payment
amounts described in subparagraph (A) more than is reasonable
and affordable based on the borrower's total financial
circumstances.
``(C) Consumer reporting agencies.--Upon the sale or
assignment of the loan, the Secretary, guaranty agency or other
holder of the loan shall request any consumer reporting agency
to which the Secretary, guaranty agency or holder, as
applicable, reported the default of the loan, to remove the
record of the default from the borrower's credit history.
``(D) Duties upon sale.--With respect to a loan sold under
subparagraph (A)(i)--
``(i) the guaranty agency--
``(I) shall repay the Secretary 81.5 percent of the
amount of the principal balance outstanding at the time
of such sale, multiplied by the reinsurance percentage
in effect when payment under the guaranty agreement was
made with respect to the loan; and
``(II) may, in order to defray collection costs--
``(aa) charge to the borrower an amount not to
exceed 18.5 percent of the outstanding principal
and interest at the time of the loan sale; and
``(bb) retain such amount from the proceeds of
the loan sale; and
``(ii) the Secretary shall reinstate the Secretary's
obligation to--
``(I) reimburse the guaranty agency for the amount
that the agency may, in the future, expend to discharge
the guaranty agency's insurance obligation; and
``(II) pay to the holder of such loan a special
allowance pursuant to section 438.
``(E) Duties upon assignment.--With respect to a loan
assigned under subparagraph (A)(ii)--
``(i) the guaranty agency shall add to the principal
and interest outstanding at the time of the assignment of
such loan an amount equal to the amount described in
subparagraph (D)(i)(II)(aa); and
``(ii) the Secretary shall pay the guaranty agency, for
deposit in the agency's Operating Fund established pursuant
to section 422B, an amount equal to the amount added to the
principal and interest outstanding at the time of the
assignment in accordance with clause (i).
``(F) Eligible lender limitation.--A loan shall not be sold
to an eligible lender under subparagraph (A)(i) if such lender
has been found by the guaranty agency or the Secretary to have
substantially failed to exercise the due diligence required of
lenders under this part.
``(G) Default due to error.--A loan that does not meet the
requirements of subparagraph (A) may also be eligible for sale
or assignment under this paragraph upon a determination that
the loan was in default due to clerical or data processing
error and would not, in the absence of such error, be in a
delinquent status.'';
(ii) in paragraph (2)--
(I) by striking ``paragraph (1) of this
subsection'' and inserting ``paragraph (1)(A)(i)''; and
(II) by striking ``paragraph (1)(B)(ii) of this
subsection'' and inserting ``paragraph (1)(D)(ii)(I)'';
(iii) in paragraph (3)--
(I) by striking ``sold under paragraph (2)'' and
inserting ``sold or assigned under paragraph (1)(A)'';
and
(II) by striking ``sale.'' and inserting ``sale or
assignment.'';
(iv) in paragraph (4), by striking ``which is sold
under paragraph (1) of this subsection'' and inserting
``that is sold or assigned under paragraph (1)''; and
(v) in paragraph (5), by inserting ``(whether by loan
sale or assignment)'' after ``rehabilitating a loan''; and
(B) in subsection (b), in the first sentence, by inserting
``or assigned to the Secretary'' after ``sold to an eligible
lender''.
(2) Effective date.--The amendments made by paragraph (1) shall
be effective on the date of enactment of this Act, and shall apply
to any loan on which monthly payments described in section
428F(a)(1)(A) were paid before, on, or after such date of
enactment.
(e) Repayment in Full for Death and Disability.--
(1) In general.--Section 437(a)(1) (20 U.S.C. 1087(a)(1)), as
amended by section 437 of the Higher Education Opportunity Act
(Public Law 110-315), is amended--
(A) in the matter preceding subparagraph (A), by striking
``Secretary),, or if'' and inserting ``Secretary), or if''; and
(B) in subparagraph (B), by inserting ``the reinstatement
and resumption to be'' after ``determines''.
(2) Effective date.--The amendments made by paragraph (1) shall
be effective as if enacted as part of the amendments in section
437(a) of the Higher Education Opportunity Act (Public Law 110-
315), and shall take effect on July 1, 2010.
(f) Other Amendments.--Part B of title IV (20 U.S.C. 1071 et seq.)
is further amended--
(1) in section 428 (20 U.S.C. 1078)--
(A) in subsection (a)(2)(A)(i)(II), by striking ``and''
after the semicolon at the end;
(B) in subsection (b)--
(i) in the matter following subclause (II) of paragraph
(1)(M)(i), by inserting ``section'' before ``428B'';
(ii) in paragraph (3)(A)(i), by striking ``any
institution of higher education or the employees of an
institution of higher education'' and inserting ``any
institution of higher education, any employee of an
institution of higher education, or any individual or
entity'';
(iii) in paragraph (4), by striking ``For the purpose
of paragraph (1)(M)(i)(III) of this subsection,'' and
inserting ``With respect to the graduate fellowship program
referred to in paragraph (1)(M)(i)(II),''; and
(iv) in paragraph (7)--
(I) in subparagraph (B), by striking ``clause (i)
or (ii) of''; and
(II) in subparagraph (D), by striking
``subparagraph (A)(i)'' and inserting ``subparagraph
(A)''; and
(C) in subsection (c)(9)(K), by striking ``3 months'' and
inserting ``6 months'';
(2) in section 428B(e) (20 U.S.C. 1078-2(e))--
(A) in paragraph (3)(B), by striking ``subsection
(c)(5)(B)'' and inserting ``subsection (d)(5)(B)''; and
(B) by repealing paragraph (5);
(3) in section 428C (20 U.S.C. 1078-3)--
(A) in subsection (a)(4)(E), by striking ``subpart II of
part B'' and inserting ``part E'';
(B) in the matter preceding clause (i) of subsection
(c)(2)(A)--
(i) by striking ``subsection (b)(2)(F)'' and inserting
``subsection (b)(2)''; and
(ii) by inserting a comma after ``graduated'';
(C) in subsection (d)(3)(D), by striking ``loan insurance
fund'' and inserting ``loan insurance account''; and
(D) in subsection (f)(3), by striking ``subsection (a)''
and inserting ``this subsection'';
(4) in section 428G(c) (20 U.S.C. 1078-7(c))--
(A) in paragraph (1), by striking ``section
428(a)(2)(A)(i)(III)'' and inserting ``section
428(a)(2)(A)(i)(II)''; and
(B) by striking paragraph (3) and inserting the following:
``(3) notwithstanding subsection (a)(2), may, with the
permission of the borrower, be disbursed by the lender on a weekly
or monthly basis, provided that the proceeds of the loan are
disbursed by the lender in substantially equal weekly or monthly
installments, as the case may be, over the period of enrollment for
which the loan is made.'';
(5) in section 428H (20 U.S.C. 1078-8)--
(A) in subsection (d), by amending the text of the header
of paragraph (2) to read as follows: ``Limits for graduate,
professional, and independent postbaccalaureate students''; and
(B) in subsection (e), by amending paragraph (6) to read as
follows:
``(6) Repayment period.--For purposes of calculating the
repayment period under section 428(b)(9), such period shall
commence at the time the first payment of principal is due from the
borrower.'';
(6) in section 428J (20 U.S.C. 1078-10)--
(A) in subsection (c)(1), by adding at the end the
following: ``No borrower may receive a reduction of loan
obligations under both this section and section 460.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (B), by inserting ``or'' after the
semicolon at the end;
(ii) by striking subparagraph (C);
(iii) by redesignating subparagraph (D) as subparagraph
(C); and
(iv) in subparagraph (C), as redesignated by clause
(iii), by striking ``12571'' and inserting ``12601'';
(7) in section 428K(g)(9)(B) (20 U.S.C. 1078-11(g)(9)(B)), by
striking ``under subsection (ll)(3) of such section (42 U.S.C.
1395x(ll)(3))'' and inserting ``under subsection (ll)(4) of such
section (42 U.S.C. 1395x(ll)(4))'';
(8) in section 430A(f) (20 U.S.C. 1080a(f))--
(A) by striking ``and (6)'' and inserting ``and (5)''; and
(B) by striking ``(a)(6)'' and inserting ``(a)(5)'';
(9) in section 432 (20 U.S.C. 1082)--
(A) in subsection (b), by striking ``section 1078 of this
title'' and inserting ``section 428''; and
(B) in subsection (m)(1)(B)--
(i) in clause (i), by inserting ``and'' after the
semicolon at the end; and
(ii) in clause (ii), by striking ``; and'' and
inserting a period;
(10) in section 435 (20 U.S.C. 1085)--
(A) in subsection (a)(2)(C)(ii), by striking ``a tribally
controlled community college within the meaning of section
2(a)(4) of the Tribally Controlled Community College Assistance
Act of 1978'' and inserting ``a tribally controlled college or
university, as defined in section 2(a)(4) of the Tribally
Controlled Colleges and Universities Assistance Act of 1978'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph (A)(ii)(III), by striking
``section 501(1) of such Code'' and inserting ``section
501(a) of such Code''; and
(II) in subparagraph (G), by striking ``sections
428A(d), 428B(d), and 428C,'' and inserting ``sections
428B(d) and 428C,'';
(ii) in paragraph (2)(A)(vi), by striking ``section
435(m)'' and inserting ``subsection (m)'';
(iii) in paragraph (3), by striking ``section 435(m)''
and inserting ``subsection (m)''; and
(iv) in paragraph (5)(A), by striking ``to any
institution of higher education or any employee of an
institution of higher education in order to secure
applicants for loans under this part'' and inserting ``to
any institution of higher education, any employee of an
institution of higher education, or any individual or
entity in order to secure applicants for loans under this
part'';
(C) in subsection (o)(1)(A)(ii), by striking ``Service''
and inserting ``Services''; and
(D) in subsection (p)(1), by striking ``section 771'' and
inserting ``section 781''; and
(11) in section 438(b)(2) (20 U.S.C. 1087-1(b)(2))--
(A) in the second sentence of subparagraph (A), by striking
``427A(f)'' and inserting ``427A(i)'';
(B) in the first sentence of subparagraph (B)(i), by
striking ``1954'' and inserting ``1986''; and
(C) in the second sentence of subparagraph (F), by striking
``427A(f)'' and inserting ``427A(i)''.
SEC. 403. FEDERAL WORK-STUDY PROGRAMS.
Section 443 (42 U.S.C. 2753) is amended--
(1) in subsection (b)(2), by striking ``section 443'' and
inserting ``this section'';
(2) in subsection (d)(1), by striking ``subsection (b)(2)(B)''
and inserting ``subsection (b)(2)(A)''; and
(3) in subsection (e)(1), in the matter preceding subparagraph
(A), by striking ``in accordance with such subsection''.
SEC. 404. FEDERAL DIRECT LOAN PROGRAM.
(a) Temporary Authority to Purchase Loans.--Section 459A (20 U.S.C.
1087i-1) is amended--
(1) in subsection (a)--
(A) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``purchase of loans under this section'' and
inserting ``purchase of loans under paragraph (1)''; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Temporary authority to purchase rehabilitated loans.--
``(A) Authority.--In addition to the authority described in
paragraph (1), the Secretary, in consultation with the
Secretary of the Treasury, is authorized to purchase, or enter
into forward commitments to purchase, from any eligible lender
(as defined in section 435(d)(1)), loans that such lender
purchased under section 428F on or after October 1, 2003, and
before July 1, 2010, and that are not in default, on such terms
as the Secretary, the Secretary of the Treasury, and the
Director of the Office of Management and Budget jointly
determine are in the best interest of the United States, except
that any purchase under this paragraph shall not result in any
net cost to the Federal Government (including the cost of
servicing the loans purchased), as determined jointly by the
Secretary, the Secretary of the Treasury, and the Director of
the Office of Management and Budget.
``(B) Federal register notice.--The Secretary, the
Secretary of the Treasury, and the Director of the Office of
Management and Budget shall jointly publish a notice in the
Federal Register prior to any purchase of loans under this
paragraph that--
``(i) establishes the terms and conditions governing
the purchases authorized by this paragraph;
``(ii) includes an outline of the methodology and
factors that the Secretary, the Secretary of the Treasury,
and the Director of the Office of Management and Budget
will jointly consider in evaluating the price at which to
purchase loans rehabilitated pursuant to section 428F(a);
and
``(iii) describes how the use of such methodology and
consideration of such factors used to determine purchase
price will ensure that loan purchases do not result in any
net cost to the Federal Government (including the cost of
servicing the loans purchased).''; and
(2) by amending subsection (b) to read as follows:
``(b) Proceeds.--The Secretary shall require, as a condition of any
purchase under subsection (a), that the funds paid by the Secretary to
any eligible lender under this section be used--
``(1) to ensure continued participation of such lender in the
Federal student loan programs authorized under part B of this
title; and
``(2)(A) in the case of loans purchased pursuant to subsection
(a)(1), to originate new Federal loans to students, as authorized
under part B of this title; or
``(B) in the case of loans purchased pursuant to subsection
(a)(3), to originate such new Federal loans to students, or to
purchase loans in accordance with section 428F(a).''.
(b) Other Amendments.--Part D of title IV (20 U.S.C. 1087a et seq.)
is amended--
(1) by repealing paragraph (3) of section 453(c) (20 U.S.C.
1087c(c));
(2) in section 455 (20 U.S.C. 1087e)--
(A) in subsection (d)(1)(C), by striking
``428(b)(9)(A)(v)'' and inserting ``428(b)(9)(A)(iv)'';
(B) in subsection (h), by striking ``(except as authorized
under section 457(a)(1))''; and
(C) in subsection (k)(1)(B), by striking ``, or in a notice
under section 457(a)(1),'';
(3) by repealing section 457 (20 U.S.C. 1087g); and
(4) in section 460 (20 U.S.C. 1087j)--
(A) in subsection (c)(1), by adding at the end the
following: ``No borrower may receive a reduction of loan
obligations under both this section and section 428J.''; and
(B) in subsection (g)(2)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively; and
(iii) in subparagraph (C), as redesignated by clause
(ii), by striking ``12571'' and inserting ``12601''.
SEC. 405. FEDERAL PERKINS LOANS.
Part E of title IV (20 U.S.C. 1087aa et seq.) is amended--
(1) in section 462(a)(1) (20 U.S.C. 1087bb(a)(1)), by striking
subparagraph (A) and inserting the following:
``(A) 100 percent of the amount received under subsections (a)
and (b) of this section for fiscal year 1999 (as such subsections
were in effect with respect to allocations for such fiscal year),
multiplied by'';
(2) in section 463(c) (20 U.S.C. 1087cc(c))--
(A) in paragraph (2)--
(i) by moving the margins of subparagraph (A) 2 ems to
the left; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) information concerning the repayment and collection of
any such loan, including information concerning the status of such
loan; and''; and
(B) in paragraph (3)--
(i) by striking ``and (6)'' and inserting ``and (5)'';
and
(ii) by striking ``(a)(6)'' and inserting ``(a)(5)'';
(3) in the first sentence of the matter preceding paragraph (1)
of section 463A(a) (20 U.S.C. 1087cc-1(a)), by striking ``, in
order to carry out the provisions of section 463(a)(8),'';
(4) in section 464 (20 U.S.C. 1087dd)--
(A) in subsection (c)--
(i) in paragraph (1)(D)--
(I) by striking ``(I)'' and inserting ``(i)''; and
(II) by striking ``(II)'' and inserting ``(ii)'';
and
(ii) in paragraph (2)(A)(iii)--
(I) by aligning the margin of the matter preceding
subclause (I) with the margins of clause (ii);
(II) by aligning the margins of subclauses (I) and
(II) with the margins of clause (i)(I); and
(III) by aligning the margins of the matter
following subclause (II) with the margins of the matter
following subclause (II) of clause (i); and
(B) in subsection (g)(5), by striking ``credit bureaus''
and inserting ``consumer reporting agencies'';
(5) in section 465(a)(6) (20 U.S.C. 1087ee(a)(6)), by striking
``12571'' and inserting ``12601'';
(6) in section 467(b) (20 U.S.C. 1087gg(b)), by striking
``paragraph (5)(A), (5)(B)(i), or (6)'' and inserting ``paragraph
(4) or (5)''; and
(7) in section 469(c) (20 U.S.C. 1087ii(c)), by striking ``and
the term'' and all that follows through the period at the end and
inserting ``and the term `early intervention services' has the
meaning given the term in section 632 of such Act.''.
SEC. 406. NEED ANALYSIS.
(a) Amendments.--Part F of title IV (20 U.S.C. 1087kk et seq.) is
amended--
(1) in section 473 (20 U.S.C. 1087mm)--
(A) by striking ``For the purpose of this title, except
subpart 2 of part A,'' and inserting ``(a) In General.--For the
purpose of this title, other than subpart 2 of part A, and
except as provided in subsection (b),''; and
(B) by adding at the end the following:
``(b) Special Rule.--
``(1) In general.--Notwithstanding any other provision of this
title, the family contribution of each student described in
paragraph (2) shall be deemed to be zero for the academic year for
which the determination is made.
``(2) Applicability.--Paragraph (1) shall apply to any
dependent or independent student with respect to determinations of
need for academic year 2009-2010 and succeeding academic years--
``(A) who is eligible to receive a Federal Pell Grant for
the academic year for which the determination is made;
``(B) whose parent or guardian was a member of the Armed
Forces of the United States and died as a result of performing
military service in Iraq or Afghanistan after September 11,
2001; and
``(C) who, at the time of the parent or guardian's death,
was--
``(i) less than 24 years of age; or
``(ii) enrolled at an institution of higher education
on a part-time or full-time basis.
``(3) Information.--Notwithstanding any other provision of law,
the Secretary of Veterans Affairs and the Secretary of Defense, as
appropriate, shall provide the Secretary of Education with
information necessary to determine which students meet the
requirements of paragraph (2).'';
(2) in section 475(c)(5)(B) (20 U.S.C. 1087oo(c)(5)(B)), by
inserting ``of 1986'' after ``Code'';
(3) in section 477(b)(5)(B) (20 U.S.C. 1087qq(b)(5)(B)), by
inserting ``of 1986'' after ``Code'';
(4) in section 479 (20 U.S.C. 1087ss)--
(A) in subsection (b) (as amended by section 602 of the
College Cost Reduction and Access Act (Public Law 110-84))--
(i) in paragraph (1)(A)(i), by amending subclause (III)
to read as follows:
``(III) include at least one parent who is a
dislocated worker; or''; and
(ii) in paragraph (1)(B)(i), by amending subclause
(III) to read as follows:
``(III) is a dislocated worker or has a spouse who
is a dislocated worker; or''; and
(B) in subsection (c) (as amended by such section 602)--
(i) in paragraph (1)(A), by amending clause (iii) to
read as follows:
``(iii) include at least one parent who is a dislocated
worker; or''; and
(ii) in paragraph (2)(A), by amending clause (iii) to
read as follows:
``(iii) is a dislocated worker or has a spouse who is a
dislocated worker; or'';
(5) in section 479C (20 U.S.C. 1087uu-1)--
(A) in paragraph (1), by striking ``under'' and all that
follows through ``; and'' and inserting ``under Public Law 98-
64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as
the `Per Capita Act') or the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1401 et seq.); and''; and
(B) in paragraph (2)--
(i) by striking ``Alaskan'' and inserting ``Alaska'';
(ii) by inserting ``(43 U.S.C. 1601 et seq.)'' before
``or the''; and
(iii) by inserting ``of 1980 (25 U.S.C. 1721 et seq.)''
after ``Maine Indian Claims Settlement Act'';
(6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), by striking
``12571'' and inserting ``12511'';
(7) in section 480(c)(2) (20 U.S.C. 1087vv(c)(2))--
(A) in the matter preceding subparagraph (A), by striking
``the following'' and inserting ``benefits under the following
provisions of law''; and
(B) by striking subparagraphs (A) through (J) and inserting
the following:
``(A) Chapter 103 of title 10, United States Code (Senior
Reserve Officers' Training Corps).
``(B) Chapter 106A of title 10, United States Code (Educational
Assistance for Persons Enlisting for Active Duty).
``(C) Chapter 1606 of title 10, United States Code (Selected
Reserve Educational Assistance Program).
``(D) Chapter 1607 of title 10, United States Code (Educational
Assistance Program for Reserve Component Members Supporting
Contingency Operations and Certain Other Operations).
``(E) Chapter 30 of title 38, United States Code (All-Volunteer
Force Educational Assistance Program, also known as the `Montgomery
GI Bill--active duty').
``(F) Chapter 31 of title 38, United States Code (Training and
Rehabilitation for Veterans with Service-Connected Disabilities).
``(G) Chapter 32 of title 38, United States Code (Post-Vietnam
Era Veterans' Educational Assistance Program).
``(H) Chapter 33 of title 38, United States Code (Post-9/11
Educational Assistance).
``(I) Chapter 35 of title 38, United States Code (Survivors'
and Dependents' Educational Assistance Program).
``(J) Section 903 of the Department of Defense Authorization
Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot
Program).
``(K) Section 156(b) of the `Joint Resolution making further
continuing appropriations and providing for productive employment
for the fiscal year 1983, and for other purposes' (42 U.S.C. 402
note) (Restored Entitlement Program for Survivors, also known as
`Quayle benefits').
``(L) The provisions of chapter 3 of title 37, United States
Code, related to subsistence allowances for members of the Reserve
Officers Training Corps.''; and
(8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), by striking
``12571'' and inserting ``12511''.
(b) Effective Date.--The amendments made by--
(1) paragraph (1) of subsection (a) shall take effect on July
1, 2009; and
(2) paragraph (4) of such subsection shall be effective as if
enacted as part of the amendments in section 602(a) of the College
Cost Reduction and Access Act (Public Law 110-84), and shall take
effect on July 1, 2009.
(c) Higher Education Opportunity Act.--Section 473(f) of the Higher
Education Opportunity Act (Public Law 110-315) is amended by inserting
``, except that the amendments made in subsection (e) shall take effect
on July 1, 2009'' before the period at the end.
SEC. 407. GENERAL PROVISIONS OF TITLE IV.
(a) Delayed Implementation of EZ FAFSA.--Notwithstanding any other
provision of law, the Secretary of Education shall be required to carry
out the requirements under the following provisions of section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090) only for academic
year 2010-2011 and subsequent academic years:
(1) In subsection (a) of such section--
(A) subparagraphs (A)(i) and (B) of paragraph (2);
(B) in paragraph (3)--
(i) the second sentence of subparagraph (A);
(ii) clauses (i) and (ii) of subparagraph (B); and
(iii) subparagraph (C);
(C) paragraph (4)(A)(iv); and
(D) paragraph (5)(E).
(2) Subsection (h) of such section.
(b) Other Amendments.--Part G of title IV (20 U.S.C. 1088 et seq.)
is amended--
(1) in the matter preceding paragraph (1) of section 481(c) (20
U.S.C. 1088(c)), by striking ``or any State, or private, profit or
nonprofit organization'' and inserting ``any State, or any private,
for-profit or nonprofit organization,'';
(2) in section 482(b) (20 U.S.C. 1089(b)), by striking
``413D(e), 442(e), or 462(j)'' and inserting ``413D(d), 442(d), or
462(i)'';
(3) in section 483 (20 U.S.C. 1090)--
(A) in subsection (a)(3)(C), by inserting ``that'' after
``except''; and
(B) in subsection (e)(8)(A), by striking ``identify'' and
inserting ``determine'';
(4) in section 484 (20 U.S.C. 1091)--
(A) in the matter preceding subparagraph (A) of subsection
(a)(4), by striking ``certification,,'' and inserting
``certification,'';
(B) in subsection (b)(1)(B)--
(i) by striking ``have (A)'' and inserting ``have
(i)''; and
(ii) by striking ``and (B)'' and inserting ``and
(ii)'';
(C) in subsection (f)(1), by striking ``part B'' and all
that follows through ``part E'' in each place that the phrase
occurs and inserting ``part B, part D, or part E'';
(D) in subsection (h)--
(i) in paragraph (2), by striking ``(h)(4)(A)(i)'' and
inserting ``(g)(4)(A)(i)''; and
(ii) in paragraph (3), by striking ``(h)(4)(B)(i)'' and
inserting ``(g)(4)(B)(i)''; and
(E) in subsection (n), by striking ``section 1113 of Public
Law 97-252'' and inserting ``section 12(f) of the Military
Selective Service Act (50 U.S.C. App. 462(f))'';
(5) in section 485 (20 U.S.C. 1092)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) the matter preceding subparagraph (A), by
striking ``also referred to as the Family Educational
Rights and Privacy Act of 1974'' and inserting
``commonly known as the `Family Educational Rights and
Privacy Act of 1974'''; and
(II) in subparagraph (I), by striking ``handicapped
students'' and inserting ``students with
disabilities'';
(ii) in paragraph (4)(B), by inserting ``during which''
after ``time period''; and
(iii) in the matter preceding subclause (I) of
paragraph (7)(B)(iv), by inserting ``education'' after
``higher'';
(B) in subsection (e)(3)(B), by inserting ``during which''
after ``time period'';
(C) in subsection (f)--
(i) in the matter preceding subparagraph (A) of
paragraph (1), by inserting ``of'' after ``foreign
institution''; and
(ii) in paragraphs (3), (4)(A), (5), and (8)(A), by
striking ``under this title'' each place it appears and
inserting ``under this title, other than a foreign
institution of higher education,'';
(D) in subsection (g)(2), by striking ``subparagraph (G)''
and inserting ``paragraph (1)(G)'';
(E) in subsection (i)--
(i) in paragraph (2), by striking ``eligible
institution participating in any program under this title''
and inserting ``institution described in paragraph (1)'';
(ii) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``eligible institution
participating in any program under this title'' and
inserting ``institution described in paragraph (1)''; and
(iii) in paragraph (5)(B), by striking ``the Family
Educational Rights and Privacy Act of 1974'' and inserting
``commonly known as the `Family Educational Rights and
Privacy Act of 1974''';
(F) in subsection (k)(2), by inserting ``section'' before
``484(r)(1)''; and
(G) in the matter preceding clause (i) of subsection
(l)(1)(A), by striking ``subparagraph (B)'' and inserting
``paragraph (2)'';
(6) in section 485A (20 U.S.C. 1092a)--
(A) in subsection (a)--
(i) by striking ``or defined in subpart I of part C of
title VII of the Public Health Service Act'' and inserting
``or an eligible lender as defined in section 719 of the
Public Health Service Act (42 U.S.C. 292o)''; and
(ii) by striking ``under subpart I of part C of title
VII of the Public Health Service Act (known as Health
Education Assistance Loans)'' and inserting ``under part A
of title VII of the Public Health Service Act (42 U.S.C.
292 et seq.)'';
(B) in subsection (b), by striking ``subpart I of part C of
title VII of the Public Health Service Act'' and inserting
``part A of title VII of the Public Health Service Act (42
U.S.C. 292 et seq.)'';
(C) in subsection (e)--
(i) by striking ``Health Education Assistance Loan''
and inserting ``loan under part A of title VII of the
Public Health Service Act (42 U.S.C. 292 et seq.)''; and
(ii) in paragraph (2), by striking ``733(e)(3)'' and
inserting ``707(e)(3)''; and
(D) in subsection (f)--
(i) in paragraph (1)--
(I) in the second sentence, by striking ``subpart I
of part C of title VII of the Public Health Service
Act'' and inserting ``part A of title VII of the Public
Health Service Act (42 U.S.C. 292 et seq.)''; and
(II) in the fourth sentence, by striking ``728(a)''
and inserting ``710''; and
(ii) in paragraph (2), by striking ``subpart I of part
C of title VII of the Public Health Service Act'' and
inserting ``part A of title VII of the Public Health
Service Act (42 U.S.C. 292 et seq.)'';
(7) in section 485B (20 U.S.C. 1092b)--
(A) in subsection (a)(5), by striking ``))'' and inserting
``)''; and
(B) in subsection (d)(3)(D), by striking ``the Family
Educational Rights and Privacy Act of 1974'' and inserting
``commonly known as the `Family Educational Rights and Privacy
Act of 1974''';
(8) in section 487 (20 U.S.C. 1094)--
(A) in subsection (a)(23)(A), by inserting ``of 1993''
after ``Registration Act'';
(B) in subsection (c)(1)--
(i) in subparagraph (A)(i), by striking ``students
receives'' and inserting ``students receive'';
(ii) in subparagraph (F), by striking ``paragraph
(2)(B)'' and inserting ``paragraph (3)(B)''; and
(iii) in subparagraph (H), by striking ``paragraph
(2)(B)'' and inserting ``paragraph (3)(B)'';
(C) in subsection (f)(1), by striking ``496(c)(4)'' and
inserting ``496(c)(3)''; and
(D) in subsection (g)(1), by striking ``subsection (f)(2)''
and inserting ``subsection (e)(2)'';
(9) in section 487A(b) (20 U.S.C. 1094a(b))--
(A) in paragraph (1)--
(i) by striking ``Any activities'' and inserting ``Any
experimental sites''; and
(ii) by striking ``June 30, 2009'' and inserting ``June
30, 2010''; and
(B) by adding at the end the following:
``(4) Determination of success.--For the purposes of paragraph
(1), the Secretary shall make a determination of success regarding
an institution's participation as an experimental site based on--
``(A) the ability of the experimental site to reduce
administrative burdens to the institution, as documented in the
Secretary's biennial report under paragraph (2), without
creating costs for the taxpayer; and
``(B) whether the experimental site has improved the
delivery of services to, or otherwise benefitted, students.'';
(10) in section 489(a) (20 U.S.C. 1096(a))--
(A) in the third sentence, by striking ``has agreed to
assign under section 463(a)(6)(B)'' and inserting ``has
referred under section 463(a)(4)(B)''; and
(B) in the fourth sentence, by striking ``484(h)'' and
inserting ``484(g)'';
(11) in section 491(l)(2)(A) (20 U.S.C. 1098(l)(2)(A)), by
inserting ``the'' after ``enactment of''; and
(12) in section 492(a) (20 U.S.C. 1098a(a))--
(A) in paragraph (1), by striking ``regulations'' and all
that follows through ``The'' and inserting ``regulations for
this title. The''; and
(B) in paragraph (2), by striking ``Issues'' and all that
follows through ``provide'' and inserting ``Issues.--The
Secretary shall provide''.
SEC. 408. PROGRAM INTEGRITY.
Part H of title IV (20 U.S.C. 1099a et seq.) is amended--
(1) in section 496(a)(6)(G) (20 U.S.C. 1099b(a)(6)(G)), by
striking the period at the end and inserting a semicolon; and
(2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), by striking
``for profit'' and inserting ``for-profit''.
SEC. 409. WAIVER OF MASTER CALENDAR AND NEGOTIATED RULEMAKING
REQUIREMENTS.
Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C.
1089, 1098a) shall not apply to the amendments made by this title, or
to any regulations promulgated under those amendments.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. DEVELOPING INSTITUTIONS.
Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amended by striking
``which determination'' and inserting ``which the determination''.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. INTERNATIONAL EDUCATION PROGRAMS.
(a) Higher Education Act of 1965.--Title VI (20 U.S.C. 1121 et
seq.) is amended--
(1) in section 604(a) (20 U.S.C. 1124(a))--
(A) in the matter preceding subparagraph (A) of paragraph
(2), by inserting ``the'' before ``Federal''; and
(B) in paragraph (7)(D), by striking ``institution,
combination'' and inserting ``applicant, consortium,''; and
(2) in section 622(a) (20 U.S.C. 1131-1(a)), by inserting a
period after ``title''.
(b) Higher Education Opportunity Act.--The matter preceding
paragraph (1) of section 621 of the Higher Education Opportunity Act
(Public Law 110-315) is amended by striking ``Section 631 (20 U.S.C.
1132)'' and inserting ``Section 631(a) (20 U.S.C. 1132(a))''.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT
SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS.
Title VII (20 U.S.C. 1133 et seq.) is amended--
(1) in the matter preceding paragraph (1) of section 721(d) (20
U.S.C. 1136(d)), by striking ``services through'' and all that
follows through ``resource centers'' and inserting ``services
through pre-college programs, undergraduate prelaw information
resource centers'';
(2) in section 723(b)(1)(P) (20 U.S.C. 1136a(b)(1)(P)), by
striking ``Sate'' and inserting ``State'';
(3) in section 744(c)(6)(C) (20 U.S.C. 1138c(c)(6)(C)), by
inserting ``of the National Academies'' after ``Institute of
Medicine'';
(4) in section 760 (20 U.S.C. 1140), by striking paragraph (1)
and inserting the following:
``(1) Comprehensive transition and postsecondary program for
students with intellectual disabilities.--The term `comprehensive
transition and postsecondary program for students with intellectual
disabilities' means a degree, certificate, or nondegree program
that meets each of the following:
``(A) Is offered by an institution of higher education.
``(B) Is designed to support students with intellectual
disabilities who are seeking to continue academic, career and
technical, and independent living instruction at an institution
of higher education in order to prepare for gainful employment.
``(C) Includes an advising and curriculum structure.
``(D) Requires students with intellectual disabilities to
participate on not less than a half-time basis as determined by
the institution, with such participation focusing on academic
components, and occurring through 1 or more of the following
activities:
``(i) Regular enrollment in credit-bearing courses with
nondisabled students offered by the institution.
``(ii) Auditing or participating in courses with
nondisabled students offered by the institution for which
the student does not receive regular academic credit.
``(iii) Enrollment in noncredit-bearing, nondegree
courses with nondisabled students.
``(iv) Participation in internships or work-based
training in settings with nondisabled individuals.
``(E) Requires students with intellectual disabilities to
be socially and academically integrated with non-disabled
students to the maximum extent possible.'';
(5) in section 772 (20 U.S.C. 1140l)--
(A) in subsection (a)(2)(A), by striking ``with in'' and
inserting ``with''; and
(B) in the matter preceding subclause (I) of subsection
(b)(1)(C)(ii), by striking ``subparagraph (C)'' and inserting
``clause (i)'';
(6) in section 781 (20 U.S.C. 1141)--
(A) in subsection (c)(1), by striking ``Service'' each
place the term appears and inserting ``Services'';
(B) in the matter preceding paragraph (1) of subsection
(e)--
(i) by striking ``(as defined'' and all that follows
through ``this Act)'' and inserting ``(as described in
section 435(p))''; and
(ii) by striking ``435(j)'' and inserting ``428(b)'';
(C) in subsection (g)(2), by striking ``Service'' and
inserting ``Services''; and
(D) in subsection (i)--
(i) in paragraph (1)(D), by striking ``consortia'' and
inserting ``consortium''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by striking
``consortia'' and inserting ``consortium''; and
(II) by striking ``consortia'' each place the term
appears and inserting ``consortium''.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
Title VIII (20 U.S.C. 1161a et seq.) is amended--
(1) in section 802(d)(2)(D) (20 U.S.C. 1161b(d)(2)(D)), by
striking ``regulation'' and inserting ``regulations'';
(2) in section 804(d) (20 U.S.C. 1161d(d))--
(A) in the heading, by striking ``Definition'' and
inserting ``Definitions''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Public health service act.--The terms `accredited' and
`school of nursing' have the meanings given those terms in section
801 of the Public Health Service Act (42 U.S.C. 296).'';
(3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), by striking
``the Family Education Rights and Privacy Act of 1974'' and
inserting ``section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and Privacy Act
of 1974')'';
(4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), by inserting
a period after ``101(a)'';
(5) in section 820 (20 U.S.C. 1161k)--
(A) in subsection (d)(5), by inserting ``the'' before
``grant'';
(B) in subsection (f)(2), by striking ``subpart'' each
place the term appears and inserting ``section''; and
(C) in subsection (h), by striking ``use'' and inserting
``used'';
(6) in section 821 (20 U.S.C. 1161l)--
(A) in subsection (a)(1), by striking ``subsection (g)''
and inserting ``subsection (f)''; and
(B) in subsection (c)(1)(B), by striking ``within'' and
inserting ``in'';
(7) in section 824(f)(3) (20 U.S.C. 1161l-3(f)(3))--
(A) in subparagraph (A), by inserting ``a'' after
``submitting''; and
(B) in subparagraph (C), by striking ``pursing'' and
inserting ``pursuing'';
(8) in section 825(a) (20 U.S.C. 1161l-4(a)), by striking ``the
Family Educational Rights and Privacy Act of 1974'' and inserting
``commonly known as the `Family Educational Rights and Privacy Act
of 1974''';
(9) in section 826(3) (20 U.S.C. 1161l-5(3)), by striking ``the
Family Educational Rights and Privacy Act of 1974'' and inserting
``commonly known as the `Family Educational Rights and Privacy Act
of 1974''';
(10) in section 830(a)(1)(B) (20 U.S.C. 1161m(a)(1)(B)), by
striking ``of for'' and inserting ``of'';
(11) in section 833(e)(1) (20 U.S.C. 1161n-2(e)(1))--
(A) in the matter preceding subparagraph (A), by striking
``because of'' and inserting ``based on''; and
(B) in subparagraph (D), by striking ``purposes of this
section'' and inserting ``purpose of this part'';
(12) in section 841(c)(1) (20 U.S.C. 1161o(c)(1)), by striking
``486A(d)'' and inserting ``486A(b)(1)'';
(13) in section 851(j) (20 U.S.C. 1161p(j)), by inserting ``to
be appropriated'' after ``authorized''; and
(14) in section 894(b)(2) (20 U.S.C. 1161y(b)(2)), by striking
``the Family Educational Rights and Privacy Act of 1974'' and
inserting ``commonly known as the `Family Educational Rights and
Privacy Act of 1974'''.
SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION ACTS.
(a) Higher Education Amendments of 1998.--
(1) Incarcerated individuals.--Section 821(h) of the Higher
Education Amendments of 1998 (20 U.S.C. 1151(h)) is amended to read
as follows:
``(h) Allocation of Funds.--
``(1) Fiscal year 2009.--From the funds appropriated pursuant
to subsection (i) for fiscal year 2009, the Secretary shall allot
to each State an amount that bears the same relationship to such
funds as the total number of incarcerated individuals described in
paragraphs (1) and (2) of subsection (e) in the State bears to the
total number of such individuals in all States.
``(2) Future fiscal years.--From the funds appropriated
pursuant to subsection (i) for each fiscal year after fiscal year
2009, the Secretary shall allot to each State an amount that bears
the same relationship to such funds as the total number of students
eligible under subsection (e) in such State bears to the total
number of such students in all States.''.
(2) Underground railroad.--Section 841(c) of the Higher
Education Amendments of 1998 (20 U.S.C. 1153(c)) is amended by
inserting ``this section'' after ``to carry out''.
(b) Education of the Deaf Act of 1986.--Section 203(b)(2) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by
striking ``and subsections (b) and (c) of section 209.'' and inserting
``and subsections (a), (b), and (c) of section 209.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.