1.This Act may be cited as the
Northern Mariana Islands College Access Act of
2009
.
2.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.
3.
(a)
(1)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)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)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)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)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)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)In
this section:
(1)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)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 educationThe 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)The
term Governor means the Governor of the Commonwealth of the
Northern Mariana Islands.
(5)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)The
term Secretary means the Secretary of Education.
(d)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)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)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)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)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)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)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
AppropriationsThere 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)This section shall take effect with respect to payments for
periods of instruction that begin on or after January 1, 2010.
4.Assistance to the
Northern Mariana College
(a)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)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)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
AppropriationsThere 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.
5.
(a)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)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)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)The
Governor may accept, use, and dispose of donations of services or property for
purposes of carrying out this Act.
(e)Maximum Student
Amount AdjustmentsThe 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).