[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3397 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3397

  To establish a program that enables college-bound residents of the 
Northern Mariana Islands to have greater choices among institutions of 
               higher education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2009

  Mr. Sablan introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To establish a program that enables college-bound residents of the 
Northern Mariana Islands to have greater choices among institutions of 
               higher education, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Mariana Islands College 
Access Act of 2009''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to establish a program that enables 
college-bound residents of the Northern Mariana Islands to have greater 
choices among institutions of higher education.

SEC. 3. PUBLIC SCHOOL GRANTS.

    (a) Grants.--
            (1) In general.--From amounts appropriated under subsection 
        (i), the Governor shall award grants to eligible institutions 
        that enroll eligible students to pay the difference between the 
        tuition and fees charged for in-State students and the tuition 
        and fees charged for out-of-State students on behalf of each 
        eligible student enrolled in the eligible institution.
            (2) Maximum student amounts.--The amount paid on behalf of 
        an eligible student under this section shall be--
                    (A) not more than $15,000 for any one award year 
                (as defined in section 481 of the Higher Education Act 
                of 1965 (20 U.S.C. 1088)); and
                    (B) not more than $75,000 in the aggregate.
            (3) Proration.--The Governor shall prorate payments under 
        this section for students who attend an eligible institution on 
        less than a full-time basis.
    (b) Reduction for Insufficient Appropriations.--
            (1) In general.--If the funds appropriated pursuant to 
        subsection (i) for any fiscal year are insufficient to award a 
        grant in the amount determined under subsection (a) on behalf 
        of each eligible student enrolled in an eligible institution, 
        then the Governor, in consultation with the Secretary of 
        Education, shall--
                    (A) first, ratably reduce the amount of the tuition 
                and fee payment made on behalf of each eligible student 
                who has not received funds under this section for a 
                preceding year; and
                    (B) after making reductions under subparagraph (A), 
                ratably reduce the amount of the tuition and fee 
                payments made on behalf of all other eligible students.
            (2) Adjustments.--The Governor, in consultation with the 
        Secretary of Education, may adjust the amount of tuition and 
        fee payments made under paragraph (1) based on--
                    (A) the financial need of the eligible students to 
                avoid undue hardship to the eligible students; or
                    (B) undue administrative burdens on the Governor.
            (3) Further adjustments.--Notwithstanding paragraphs (1) 
        and (2), the Governor may prioritize the making or amount of 
        tuition and fee payments under this subsection based on the 
        income and need of eligible students.
    (c) Definitions.--In this section:
            (1) Eligible institution.--The term ``eligible 
        institution'' means an institution that--
                    (A) is a public four-year institution of higher 
                education located in one of the several States, the 
                District of Columbia, Puerto Rico, or Guam;
                    (B) is eligible to participate in the student 
                financial assistance programs under title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); 
                and
                    (C) enters into an agreement with the Governor 
                containing such conditions as the Governor may specify, 
                including a requirement that the institution use the 
                funds made available under this section to supplement 
                and not supplant assistance that otherwise would be 
                provided to eligible students from the Northern Mariana 
                Islands.
            (2) Eligible student.--The term ``eligible student'' means 
        an individual who--
                    (A) was domiciled in the Northern Mariana Islands 
                for not less than the 12 consecutive months preceding 
                the commencement of the freshman year at an institution 
                of higher education;
                    (B) graduated from a secondary school in the 
                Northern Mariana Islands, or received the recognized 
                equivalent of a secondary school diploma while 
                domiciled in the Northern Mariana Islands, on or after 
                January 1, 2008;
                    (C) begins the individual's undergraduate course of 
                study within the three calendar years (excluding any 
                period of service on active duty in the Armed Forces, 
                or service under the Peace Corps Act (22 U.S.C. 2501 et 
                seq.) or subtitle D of title I of the National and 
                Community Service Act of 1990 (42 U.S.C. 12571 et 
                seq.)) of graduation from a secondary school, or 
                obtaining the recognized equivalent of a secondary 
                school diploma;
                    (D) is enrolled or accepted for enrollment, on at 
                least a half-time basis, in a baccalaureate degree or 
                other program (including a program of study abroad 
                approved for credit by the institution at which such 
                student is enrolled) leading to a recognized 
                educational credential at an eligible institution;
                    (E) if enrolled in an eligible institution, is 
                maintaining satisfactory progress in the course of 
                study the student is pursuing in accordance with 
                section 484(c) of the Higher Education Act of 1965 (20 
                U.S.C. 1091(c)); and
                    (F) has not completed the individual's first 
                undergraduate baccalaureate course of study.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Governor.--The term ``Governor'' means the Governor of 
        the Commonwealth of the Northern Mariana Islands.
            (5) Secondary school.--The term ``secondary school'' has 
        the meaning given that term under section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
    (d) Construction.--Nothing in this Act shall be construed to 
require an institution of higher education to alter the institution's 
admissions policies or standards in any manner to enable an eligible 
student to enroll in the institution.
    (e) Applications.--Each student desiring a tuition payment under 
this section shall submit an application to the eligible institution at 
such time, in such manner, and accompanied by such information as the 
eligible institution may require.
    (f) Administration of Program.--
            (1) In general.--The Governor shall carry out the program 
        under this section in consultation with the Secretary. The 
        Governor may enter into a grant, contract, or cooperative 
        agreement with another public or private entity to administer 
        the program under this section if the Governor determines that 
        doing so is a more efficient way of carrying out the program.
            (2) Policies and procedures.--The Governor, in consultation 
        with institutions of higher education eligible for 
        participation in the program authorized under this section, 
        shall develop policies and procedures for the administration of 
        the program.
            (3) Memorandum of agreement.--The Governor and the 
        Secretary shall enter into a Memorandum of Agreement that 
        describes--
                    (A) the manner in which the Governor shall consult 
                with the Secretary with respect to administering the 
                program under this section; and
                    (B) any technical or other assistance to be 
                provided to the Governor by the Secretary for purposes 
                of administering the program under this section (which 
                may include access to the information in the common 
                financial reporting form developed under section 483 of 
                the Higher Education Act of 1965 (20 U.S.C. 1090)).
    (g) Governor's Report.--The Governor shall report to Congress 
annually regarding--
            (1) the number of eligible students attending each eligible 
        institution and the amount of the grant awards paid to those 
        institutions on behalf of the eligible students;
            (2) the extent, if any, to which a ratable reduction was 
        made in the amount of tuition and fee payments made on behalf 
        of eligible students; and
            (3) the progress in obtaining recognized academic 
        credentials of the cohort of eligible students for each year.
    (h) GAO Report.--Beginning on the date of the enactment of this 
Act, the Comptroller General of the United States shall monitor the 
effect of the program assisted under this section on educational 
opportunities for eligible students. The Comptroller General shall 
analyze whether eligible students had difficulty gaining admission to 
eligible institutions because of any preference afforded in-State 
residents by eligible institutions, and shall expeditiously report any 
findings regarding such difficulty to Congress and the Governor. In 
addition the Comptroller General shall--
            (1) analyze the extent to which there are an insufficient 
        number of eligible institutions to which Northern Mariana 
        Islands students can gain admission, including admission aided 
        by assistance provided under this Act, due to--
                    (A) caps on the number of out-of-State students the 
                institution will enroll;
                    (B) significant barriers imposed by academic 
                entrance requirements (such as grade point average and 
                standardized scholastic admissions tests); and
                    (C) absence of admission programs benefitting 
                minority students; and
            (2) report the findings of the analysis described in 
        paragraph (1) and the assessment described in paragraph (2) to 
        Congress and the Governor.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commonwealth of the Northern Mariana Islands to 
carry out this section $15,000,000 for each of the fiscal years 2010 
through 2015, and such sums as may be necessary for each of the 
succeeding fiscal years. Such funds shall remain available until 
expended.
    (j) Effective Date.--This section shall take effect with respect to 
payments for periods of instruction that begin on or after January 1, 
2010.

SEC. 4. ASSISTANCE TO THE NORTHERN MARIANA COLLEGE.

    (a) In General.--Subject to the availability of appropriations 
under subsection (d), the Secretary of Education shall provide 
financial assistance to the Northern Marianas College for each fiscal 
year for which appropriations are made available under such subsection 
to enable the College to carry out activities authorized under this 
section.
    (b) Subgrant Required.--From the financial assistance provided 
under subsection (a), the President and Board of Regents of Northern 
Marianas College shall award a grant to an eligible institution of 
higher education to plan and implement a vocational training program at 
Northern Marianas College.
    (c) Program Requirements.--The vocational training program 
established under subsection (b)--
            (1) shall award certificates of completion in areas that 
        include--
                    (A) food preparation, food and beverage services, 
                and the culinary arts;
                    (B) hospitality management;
                    (C) carpentry;
                    (D) electrical skills;
                    (E) plumbing; and
                    (F) other construction skills; and
            (2) may use funds for--
                    (A) personnel hiring and relocation;
                    (B) faculty and staff salaries;
                    (C) rental of office, classroom, storage, and 
                administrative space;
                    (D) rental or purchase of furniture, equipment, 
                supplies, and materials directly related to classroom 
                use;
                    (E) rental or purchase of furniture, equipment, 
                supplies, and materials directly related to faculty or 
                administrative use; and
                    (F) climate control of facilities, and operation 
                and maintenance of facilities and equipment.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commonwealth of the Northern Mariana Islands to 
carry out this section $2,000,000 for each of the fiscal years 2010 
through 2015.

SEC. 5. GENERAL REQUIREMENTS.

    (a) Personnel.--The Secretary of Education shall arrange for the 
assignment of an individual, pursuant to subchapter VI of chapter 33 of 
title 5, United States Code, to serve as an adviser to the Governor 
with respect to the programs assisted under this Act.
    (b) Administrative Expenses.--The Governor may use not more than 5 
percent of the funds made available for a program under section 3 for a 
fiscal year to pay the administrative expenses of a program under 
section 3 for the fiscal year.
    (c) Inspector General Review.--Each of the programs assisted under 
this Act shall be subject to audit and other review by the Inspector 
General of the Department of Education in the same manner as programs 
are audited and reviewed under the Inspector General Act of 1978 (5 
U.S.C. App.).
    (d) Gifts.--The Governor may accept, use, and dispose of donations 
of services or property for purposes of carrying out this Act.
    (e) Maximum Student Amount Adjustments.--The Governor shall 
establish rules to adjust the maximum student amounts described in 
section 3(a)(2)(B) for eligible students described in section 3(c)(2) 
who transfer between the eligible institutions described in section 
3(c)(1)(A).
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