[Congressional Record Volume 154, Number 20 (Thursday, February 7, 2008)]
[House]
[Pages H645-H783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007
The SPEAKER pro tempore. Pursuant to House Resolution 956 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4137.
{time} 1305
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole
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House on the state of the Union for the further consideration of the
bill (H.R. 4137) to amend and extend the Higher Education Act of 1965,
and for other purposes, with Mr. Pastor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
gentleman from Texas (Mr. Hinojosa) had 10\1/2\ minutes remaining. The
gentleman from Florida (Mr. Keller) had 16 minutes remaining.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 2 minutes
to the gentleman from New York (Mr. Fossella).
Mr. FOSSELLA. I thank the gentleman for yielding.
Mr. Chairman, I would like to call attention to two provisions in
this legislation, one in the manager's amendment and one in the
underlying legislation passed in the Education and Labor Committee. The
first provision allows colleges and universities to apply for a non-
Federal matching grant for fire prevention technologies through an
already established program via the Department of Education. These
funds will be used to professionally install fire prevention devices in
student housing, dormitories, and other buildings on campus. More
people are alive today, we know, Mr. Chairman, because of fire
detection, and this provision will help prevent fires in college
housing and save many lives in the process.
We don't need to be reminded of, for example, Seton Hall University
several years ago that had a devastating fire in one of the college
buildings that resulted in student deaths. The last thing, I think, a
parent wants to discover or hear is that their child was injured or,
worse, killed in a fire while away at college.
The other provision was included in the manager's amendment with the
help of Chairman Miller and Ranking Member McKeon. The provision will
provide colleges and universities with additional funds to acquire
security cameras, intrusion detection sensors, and other technologies
to protect students, faculty, and campus visitors. Allowing colleges
and universities the opportunity to use these funds will provide the
higher education community with a safer environment, again, one where
parents can go to bed at night not worrying whether or not their
children are safe so far away from home.
As we all have colleges and universities, chances are, throughout the
country in our districts, whether St. John's University in Staten
Island or Wagner College, we all know that this funding and these
provisions will go a long way to help their campuses become more secure
and more safe.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a very well-
recognized member of our Education and Labor Committee, the gentleman
from New York (Mr. Bishop) for 2 minutes.
Mr. BISHOP of New York. I want to thank Chairman Miller and Chairman
Hinojosa and Ranking Member McKeon and Ranking Member Keller for their
good and bipartisan work on this bill. This is, in fact, a bipartisan
effort. It passed out of the Education Committee by a unanimous vote,
and I think that that suggests that this is a very good product. It
closely resembles the Senate bill, so we should be able to conference
it quickly, and it continues the strong work that this Congress has
done on a bipartisan basis to improve access and affordability for
higher education.
We have twice now, on a bipartisan basis, saved the SEOG program and
the Perkins loan program. We have increased the Pell Grant maximum, and
we have cut interest rates in half.
Let me just go over a couple of the high points of the bill.
It strengthens the Perkins loan program, a loan program that the
administration seems determined to kill but has broad bipartisan
support in this Congress. We've increased the maximums that students
may borrow. We also have mandated that the assignment of the proceeds
of defaulted loans that are collected by the department will reverse
back to the campus revolving loan funds so that those loan funds will
remain fully funded. It increases the cohort default rate window so
that the default rate is now measured over a 3-year period as opposed
to a 2-year period. That will protect students and it will also provide
greater accountability and stewardship of taxpayer funds. It restricts
the Secretary's authority with respect to negotiated rulemaking on
accreditation standards, and this is important as many believe that an
effort is underway to federalize education, and we believe that these
aspects of higher education are best left to higher education
professionals. It reinstates the Federal role in supporting cooperative
education. It simplifies the FAFSA process. It has very clear language
on transfer of credit. And it incorporates the full provisions of our
Student Loan Sunshine Act.
So from every vantage point, this is a first-rate piece of work, and
I urge my colleagues to support it.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Pennsylvania (Mr. Tim Murphy).
Mr. TIM MURPHY of Pennsylvania. I thank the gentleman for yielding.
And I would also like to thank Chairman Miller and Ranking Member
McKeon for assistance in putting a very important part into this bill.
Universities have no trouble finding parents when it comes time to
ask for the tuition check. And, sadly, schools can find parents when
tragedies occur, such as Virginia Tech, when it comes time to call a
parent to give them bad news on what happened to their student. But one
of the greatest fears parents have is their students' safety while they
are at the university or college. And a while ago, when a gunman killed
32 people and wounded others, it was just one of the tragedies that
occurs on campus. There are many other stories as well.
In my district in Pennsylvania, Charles and Debi Mahoney lost their
son, Chuck, to suicide. And as he suffered from depression, his
fraternity brothers, his ex-girlfriend, and college therapist, et
cetera, all knew he was in danger and warned the college. But a legal
barrier under the Family Educational Rights and Privacy Act of 1974,
known as FERPA, prevented the school from notifying Chuck's parents,
who could have gotten him the help he needed.
Unfortunately, Chuck's story is not unusual. Each day an average of
three college students commit suicide. While in college, 11 percent of
men and 9 percent of women consider suicide. While they may not all act
on their thoughts, we need to ensure schools are able to contact
parents to get them the help they need not only for the safety of the
child but also of others on campus.
Parents may be in the best position to help students suffering from
significant mental illness by providing emotional support, medical
history, coordinating care with various mental health and medical
professionals, and long-term follow-up. Parents will be around long
after the school is gone.
Today we are breaking down the legal barrier preventing schools from
communicating with parents. Section 865 of the bill before us today is
modeled after the Mental Health Security for America's Families in
Education Act, H.R. 2220, which I authored. It will prevent future
campus tragedies by requiring the Secretary of Education to clarify
FERPA so schools can contact parents when a student is at risk of
suicide, homicide, or physical assault. It will also protect schools
acting in good faith from liability.
This is a good bill that will make college campuses safer. It will
give families peace of mind.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a former
Cornell College professor and now member of the Education and Labor
Committee, the gentleman from Iowa (Mr. Loebsack), for 2 minutes.
Mr. LOEBSACK. Mr. Chairman, I think I will probably speak just 1
minute, but thank you. I appreciate that very much.
As a long-time political science teacher at Cornell College in Mount
Vernon, Iowa, I am proud to join in support of this bipartisan
legislation. I know the college system well. In addition to my teaching
experience, I have visited the colleges and universities throughout
Iowa's Second District. I have heard firsthand the struggles students
face. By expanding the year-round Pell Grant, the students I've met
with, especially at Iowa's community colleges like Kirkwood and Indian
Hills, will be able to expedite their studies, enter the workforce
sooner, and achieve the American Dream.
I am also pleased to see many rural education provisions in this
bill. In
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Iowa, 46 percent of schools are in rural areas, and they serve close to
170,000 students. Iowa's rural education system is impressive, but we
should be doing more to give rural students the resources they need to
succeed.
This legislation makes college more affordable and accessible to
students, and I strongly support it and in no small measure because,
again, of the bipartisan support that so many folks on this committee
have demonstrated.
Mr. KELLER of Florida. Mr. Chairman, at this time I reserve the
balance of my time.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize my friend and
colleague, the gentlewoman from New York (Mrs. McCarthy) for 1\1/2\
minutes.
{time} 1315
Mrs. McCARTHY of New York. I thank the gentleman from Texas.
I stand in strong support of H.R. 4137, the College Opportunity and
Affordability Act. Our Nation's future is in our education, and we must
ensure our students have access to affordable higher education that
will prepare them to excel in the global economy. I want to thank
Chairman Miller and his staff for all the hard work that they did to
get this bipartisan bill out of committee and to the floor and also to
Ranking Member McKeon. I would also like to thank the chairman for
including some key priorities of mine.
The legislation authorizes Project GRAD USA as an ongoing Federal
program. This national program has successfully increased the number of
low-income students to attend college and earn degrees. We are also
providing opportunities for nurses as our Nation faces a severe nursing
shortage by creating programs to increase the number of nursing
students and nurse educators. Degrees also from rabbinical schools
which will be able to continue to be recognized at the equivalency of a
bachelor's degree.
We all understand the need for increased campus security. This
legislation will improve current campus safety policies to ensure
students are protected and will include improvements to emergency
response policies and whistle-blower protections for students.
Career and technical schools will offer a great alternative to
traditional 4-year colleges and are especially helpful to students in
my district.
By passing this bill, we will improve current law for career colleges
and technical school students by providing students with more
opportunity to attend these vital institutions and enter the global
economy with marketable skills.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Chairman, I thank my colleague for yielding.
I start with these basic truisms: that higher education is not a
luxury, it is a public good; that access to higher education is
critical for maintaining our global competitiveness; that many of our
economic competitors overseas invest more in higher education
institutions than we do; and that research shows that 80 percent of the
1.7 million new jobs expected to be created by the end of the decade
will be occupations requiring a higher-education degree.
I believe the Federal Government has a significant role in the very
earliest part of a child's education, prekindergarten, providing grants
to incentivize our local communities to begin to think about educating
our very, very young, and that it has a requirement to make sure that
young people in our schools don't fall through the cracks or gaping
holes. But I am absolutely certain from my heart that the Federal
Government needs to play a much more significant role in higher
education.
I, as a Member of Congress, have opportunities at community meetings
to meet with constituents like all of you do. And I will never forget,
about 5 years after I was elected, a young woman came to me and said, I
want to tell you a story, and I was waiting until my youngest brother
graduated from graduate school. She said, my father died when I was 12
years old, and I am the oldest of seven children. She said, my mother
was a school teacher. She said, my mother had one determination, that
we would all graduate not just with a university college degree but
with advanced degrees, all seven. And she said, just a few weeks ago,
my youngest brother did, in fact, graduate. She said, there is a doctor
of medicine in my family, a doctor of philosophy at a university, a
lawyer, a school teacher with advanced degrees, and I am forgetting the
other three what they had. But they all had advanced degrees. And this
was someone who knew the value of education, a school teacher.
I am continually reminded about the impact of what we did with our
GIs after World War II and the stimulation this had for our economy.
And I think of countries like Ireland today that are providing free
education, advanced-degree education, and what it has done for their
economy.
To end, this young woman with six younger siblings, all with advanced
degrees, said, I can't say they are happier, but I can tell you this,
that they have far more options, that their income is higher, they have
more choices, and they can make a greater contribution to society.
I hope that we can continue to work on this legislation. I think it
is a major step forward.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a distinguished
member of our Education and Labor Committee, Mr. Rob Andrews from New
Jersey, for 1\1/2\ minutes.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I congratulate Chairman Hinojosa, Chairman
Miller, Mr. Keller and Mr. McKeon for their excellent work on this
bill.
In the global economic competition, the difference between winning
and losing is having skilled workers or not having skilled workers.
This bill takes a major step forward in making sure that we have
skilled workers, that America puts its best team on the field at all
times.
There are two specific areas I commend the leadership of the
committee for including in this bill. The first has to do with autistic
men and women. A lot of autistic children make great strides in their
lives and they become very able, very empowered people. But then they
graduate from high school, and they age out of their education, and the
supportive, intensive learning environment that they need is very often
no longer there.
This bill has provisions to help establish residential, high-quality,
post-secondary programs for autistic men and for autistic women.
This bill says to the men and women who wear the military uniform of
our country that when they come back to campus, they will be welcome.
An anomaly in the existing law says that a young man or a young woman
who is deployed and goes overseas and fights for our country, when he
or she comes back, they may be treated as a returning student, has had
a gap in their student life, which means they go to the back of the
list for enrollment in special courses, for financial aid and for many
other purposes. This bill corrects that and recognizes that when a
young man or woman serves, they should be rewarded. We should all
support this bill on a bipartisan basis.
Mr. KELLER of Florida. Mr. Chairman, at this time we will continue to
reserve the balance of our time.
Mr. HINOJOSA. Mr. Chairman, at this time I am pleased to recognize
the honorable gentleman from Massachusetts, Congressman John Tierney,
for 2 minutes.
Mr. TIERNEY. I thank the chairman.
This is all about access and affordability. It is foremost in
people's minds, whether you speak to people in the business community,
you talk to academics or elected representatives or families and
students, they are talking about opportunity for individuals, talking
about the national economic security of this country and our need for
innovators, for leaders, for people in the science, technology,
engineering and math fields, and in business we are talking about
global competitiveness, the need to have people with more than just a
high school degree in order to lead our businesses and fill our jobs.
This bill addresses these concerns, and it builds on last summer's
college cost reduction bill which put $20 billion in over the next 5
years, additional Pell Grants to get more students into college, and
reduction of loan interest
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rates so students will be able to afford those loans they were forced
to take.
This present bill speaks to cost containment. It has a provision in
there for public higher education, for maintenance of efforts. This is
a partnership between the Federal Government, between families and the
students that are involved, and States. This maintenance of effort will
no longer allow States to supplant their obligation by taking Federal
aid or raising tuition and fees. They will have to step up to the plate
on a rather modest level required in order to get the benefit of
getting aid that other people would get.
This bill also has a provision for all universities and colleges that
if they keep their tuition and fee increases below the higher education
price index, then they will be rewarded for additional grant money on
their campuses to distribute among Pell student recipients; and if they
make the promise over 5 years and keep it, they will get additional
bonuses as well.
We have a ``service pays'' provision in there for people that are
going into public service jobs, from prosecutors to teachers going into
difficult areas, to health care and public health people, loan
forgiveness of up to $10,000 to smooth their way on that basis,
alternative paths to teaching. For those people that are in mid-career
and decide they want to teach, we have offered partnerships to make
that happen to enhance our Teacher Corps. We have endowment information
so we can find whether or not the public policy of allowing people to
not pay taxes if they donate to schools actually has a result of going
into education.
All of these things are important. This is a good bill. We respect
the fact that it came out of committee in unanimous form, and we look
forward to support on the floor.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentlewoman from Washington (Mrs. McMorris Rodgers).
Mrs. McMORRIS RODGERS. Mr. Chairman, our economy is growing more
diverse and increasingly global. American competitiveness and ingenuity
is dependent on a skilled workforce that reflects the needs of our
economy.
As the first in my family to graduate from college, I realize the
value and importance of a good education. It is the doorway to success
and a critical piece to making our country more competitive in a global
economy. Countless studies also detail how dramatically income
increases with each successive achievement in education from high
school, college, to advanced degrees.
As someone who is still paying off student loans, I understand the
challenges faced by parents and children who watch the dramatic
increases in the cost of a college education. While I don't agree with
every provision in this bill, I am pleased that we have a bill that
aims to improve America's competitiveness, seeks to make college more
affordable, and cracks down on fraudulent practices of diploma mills
where people manufacture fake diplomas.
First, this bill includes language that I have been working on for a
couple of years to improve our competitiveness. Today, we often hear
that over half of China's undergraduate degrees are in math, science,
or engineering. Unfortunately, only 16 percent of American
undergraduates pursue these fields. In 2002, foreign nationals
accounted for over half of all engineering and math doctorates and
almost half of all computer science doctorates.
To meet the demands of an increasingly technological, advanced global
marketplace, we must improve the training and the education of our
Nation. Through the Byrd Honors Scholarships, we will refocus the
program to award graduate and postgraduate scholarships to U.S.
students studying math, science, engineering, or computer science
providing they agree to work in the field for 5 years following their
graduation. In addition, this bill includes a compromise to incorporate
adjunct content specialists into the Byrd scholarship program to
provide grants to schools to recruit adjunct content specialists from
experts in math, science, and critical foreign languages.
I have worked diligently on this since coming to Congress. We need to
allow qualified professionals to take time out of their career and
enter the classroom and share the real-world experience. I believe our
education can be improved if we allow smart and successful people, like
a Bill Gates, to spend some time in the classroom.
However, we are not simply seeing a shortage of engineers and
scientists. America must focus and train all demand skills, including
home-grown welders, plumbers, auto mechanics, lab technicians, doctors,
nurses, and pharmacy techs. In my eastern Washington district,
manufacturers are turning away job applicants because they do not have
the math skills needed.
Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman
from New Jersey (Mr. Pascrell).
(Mr. PASCRELL asked and was given permission to revise and extend his
remarks.)
Mr. PASCRELL. Mr. Chairman, I support H.R. 4137. It is a great piece
of legislation. I commend Chairman Miller and Ranking Member McKeon and
all the members of the committee. I think that this is truly visionary
with regard to the cost, restoring integrity and accountability, and
expanding college access.
I am the first member of my family to have the opportunity to go to
college. I deeply appreciate what the committee has done. There is one
part of the bill I want to provide emphasis to and that is the fire
safety part. I have worked on this issue for over 7 years. I was deeply
involved in the issue after the horrific fire at Seton Hall University
in South Orange in 2000. We lost three students. Fifty-eight other
students were injured severely.
This horrible tragedy made it clear that something needed to be done
to educate students, their families, the faculty and the staff about
the dangers of fires on campuses; and that is why I introduced the
Campus Fire Safety Right to Know Act. Parents and students have a right
to know about the school's campus fire safety policies and records.
I ask full support of this legislation, and I thank the committee
members again for the great work they did.
I rise today in strong support for the College Opportunity and
Affordability Act, H.R. 4137, and I commend Chairman Miller and Ranking
Member McKeon for bringing this worthy measure to the floor.
This comprehensive, bipartisan bill will reauthorize the Higher
Education Act through FY 2012 while addressing concerns about the cost
of education, restoring integrity and accountability to student loan
programs, expanding college access and support for low income and
minority students, and strengthening our workforce and competitiveness.
In addition, H.R. 4137 addresses an issue that I have made a priority
for over 8 years, which is vital to the safety and security of American
college students--fire safety on our college campuses.
The statistics relating to fire safety on college campuses are
startling. Each year, thousands of fires rage through the campuses and
off-campus housing of our colleges and universities.
I became deeply involved in the issue of campus fire safety after
experiencing the terrible aftermath of a catastrophic fire at Seton
Hall University in South Orange, New Jersey, in 2000. That fire killed
three young freshmen and wounded 58 other students in a dorm on campus.
This horrible tragedy made it clear that something needed to be done
to educate students, their families, faculty, and staff about the
danger of fires on the campuses of our colleges and universities.
As such, I introduced the ``Campus Fire Safety Right to Know Act,'' a
version of which is included in the bill we are considering today.
The campus fire safety reporting requirement in H.R. 4137 mandates
that colleges and universities provide prospective and current students
and parents with a report of the school's campus fire safety policies
and records.
Educating students about fire safety during their time in school will
have a strong impact on the choices they make in the future. If we can
influence what they learn, we can create a more fire-safe generation
for tomorrow and potentially save thousands of lives.
I want to once again state my strong support for this legislation. As
the first member of my family to attend college, I applaud the Chairman
and Ranking Member for their dedication to making the dream of a
college education a reality for so many Americans who otherwise would
not have had that chance.
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{time} 1330
The CHAIRMAN. The gentleman from Florida has 6\1/2\ minutes. The
gentleman from California has 1 minute.
The gentleman from California has the right to close.
The Chair recognizes the gentleman from Florida.
Mr. KELLER of Florida. Thank you, Mr. Chairman.
Let me just compare where we are today in Pell Grants versus where we
were in 2000 when I was elected to show you why I have so much optimism
about the good things being done in this bill and others.
In 2000, there were 3.9 million students getting Pell Grants. This
year, 5\1/2\ million students are getting Pell Grants. In 2000, the
maximum award was $3,300 per student. This year, it is about 4,800 per
student, and based on the College Cost Reduction and Access Act that
President Bush signed into law in September, it is going to go up to
$5,400 in the next couple years. In 2000, our overall Pell Grant
funding was $7.6 billion. Now it is double that amount.
We have made a substantial investment in the lives of these young
people to make sure that every single child in America, rich or poor,
has the opportunity to get a college education. We have reason for
optimism. We are working together in a bipartisan manner on these
higher education issues, and I urge my colleagues to support this
legislation.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. I have 1 minute and I just have one
speaker left.
Mr. McKEON. Mr. Chairman, I would be happy to yield 2 minutes to my
colleague on the other side, the gentleman from Wisconsin (Mr. Kind).
Mr. KIND. Mr. Chairman, I thank my good friend and colleague from
California for yielding me time.
Mr. Chairman, I rise in strong support of the reauthorization of the
Higher Education Act before us today. As a former member of the
Education and Workforce Committee, I am proud of the bipartisan work
that the committee has done on this legislation. In fact, it is one of
the most important pieces of legislation we will be considering all
year, because we are talking about access and affordability for more
for students to be able to go and develop the skills they need to be
competitive in the global marketplace.
I also want to especially thank a number of individuals who helped
include in this reauthorization the Realtime Writers Act, which is
vitally important. In the 1996 Telecom Act, we mandated that every
television station had to have closed captioning for the hearing-
impaired community. The problem is we are not producing enough students
with those real-time captioning skills in order to meet that mandate.
Furthermore, virtually every courthouse throughout America is
experiencing vast shortages of official court reporters, who are the
guardians of our public record, and yet we are not producing the
students in order to meet that pent-up demand and pursue that noble and
important career.
I want to thank Representative Andrews, who was helpful in steering
this and making it a part of the Higher Education Act. Mr. Regula was a
cosponsor of the original legislation with me. Senator Harkin has been
the leader and champion on the Senate side to promote this bill. And I
thank them for their support as well as the terrific work of the
National Court Reporters Association in educating our colleagues.
I also want to commend Representatives Hare and Loebsack for the
amendment that they offered and got adopted in this legislation that
would provide competitive grants for rural leadership training skills
for superintendents and principals throughout the country.
As those on the committee are well aware, we are facing a demographic
challenge, with over 50 percent of the superintendents and principals
about to retire in this country in the next 5 years. Not only is
quality teaching in the classroom important, but also the quality of
leadership in schools and school districts around the country is
vitally important as to how well those schools are going to perform for
our students.
So, again, I commend the committee for the work product that they
have before us today, the bipartisan work that they have been able to
do, and I encourage my colleagues to support this reauthorization.
Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
For years, Republicans have fought on behalf of students and families
to make college more affordable. Now our cause is bipartisan and our
vision for reform is the centerpiece of comprehensive Higher Education
Act reauthorization.
For students and families grappling with rising college costs, this
bill establishes college affordability comparison tools to help put
cost increases into perspective. Students will be able to search, sort,
and compare key cost indicators for every school in the country. We
will identify institutions that are the most costly, the least costly,
and those with the fastest rising costs. And for schools engaging in a
pattern of extraordinary high cost increases, we demand greater
disclosure and concrete steps to identify inefficiencies and fix them.
This legislation reflects Republican principles for reform, including
financial aid simplification, protection of student privacy, safeguards
for taxpayer dollars, emphasis on competitiveness, and many more
positive reforms.
We would not have this bill before us today without the hard work of
staff on both sides of the aisle. I want to thank Amy Jones in
particular for her tireless efforts to ensure this bill includes
meaningful college cost reforms. I also want to recognize Brad Thomas
and Susan Ross on my staff, along with outgoing staff director Vic
Klatt and his successor, Sally Stroup, a higher education policy expert
in her own right.
I would also like to recognize Chairman Miller's staff, including
Gaby Gomez, Julie Radocchia, and Jeff Appel.
Throughout the day, we will consider a number of amendments. Some
would make the bill stronger, while others are unquestionably bad
policy that would send us backward. However, it is the give-and-take of
a bipartisan legislative process that has produced the strong bill
before us, and I am hopeful that at the end of the day we will be able
to secure strong, bipartisan passage of this bill, to make our higher
education system more accessible and affordable.
Mr. Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield the balance of
my time to the gentlewoman from New Hampshire (Ms. Shea-Porter), a
member of the committee.
The CHAIRMAN. The gentlewoman is recognized for 1 minute.
Ms. SHEA-PORTER. I thank Chairman Miller for his leadership on this
bipartisan legislation.
Mr. Chairman, I rise today to express my strong support for H.R.
4137, the College Opportunity and Affordability Act. Last year, the
Democratically led 110th Congress cut interest rates on student loans
in half over a 5-year period in order to help American families pay for
college.
This year we have continued our commitment to the poor and to the
middle class by expanding college access. College loans are getting
more expensive. By working and through student loans, I was able to
attend college full time, but today, many students can only attend part
time because of financial or family obligations. They also have to
attend summer sessions so they can get through college more quickly.
This legislation will help them by expanding Pell Grant eligibility for
these part-time, year-round students.
One of this Congress' priorities is to make it easier to earn a
college education. This legislation honors our commitment. As a member
of the Education and Labor Committee, I proudly support this
legislation and I urge my colleagues to do the same.
Mr. SCOTT of Virginia. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act of 2007. I would like to
thank Chairman George Miller, Ranking Member McKeon, Chairman Hinojosa,
and Ranking Member Keller for their work on this bill, which goes a
long way toward making higher education attainable for all.
The College Opportunity and Affordability Act of 2007 contains
several helpful provisions for students. First, the bill increases the
authorized maximum Pell Grant award from
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$5,800 to $9,000. In addition, the bill further decreases student
interest rates. The bill also includes a feasibility study on giving
students more flexibility in refinancing their loans by making student
loans more like home mortgages, in which borrowers can switch back and
forth from variable rates to fixed rates as the market's conditions
change.
H.R. 4137 increases support for Historically Black Colleges and
Universities and Minority Serving Institutions.
This bill also helps schools affected by a disaster. An Education
Disaster and Emergency Relief Loan Program is created to provide
emergency loan funds to schools after a Federal declared major disaster
or emergency, including those schools affected by the 2005 Gulf
Hurricanes. Additionally, the bill requires the Secretary to create a
disaster relief plan for schools and LEAs adversely affected by
disasters.
The College Opportunity and Affordability Act of 2007 also addresses
several additional critical issues. The bill provides loan forgiveness
for areas of national need, including early childhood educators, child
welfare workers, school counselors, and mental health professionals. In
addition, the bill creates a grant program, to help nonprofit
organizations, in collaboration with higher education institutions and
their students, that seek to promote cultural diversity in the
entertainment media industry. Finally, the bill creates a new
competitive grant program to strengthen and develop college-level
programs in the rapidly growing field of modeling and simulation.
I am pleased that the bill also includes a study to be performed by
GAO on whether any race, ethnicity, or gender biases are present in the
design of standardized tests used for admission to institutions of
higher learning. This language should enable GAO to acquire data from
the testing companies because of the link between the tests and the
federal money that the schools receive who use these admissions tests.
H.R. 4137 also seeks to make campuses more safe by creating a
National Center for Campus Public Safety to train campus public safety
agencies, encourage research to strengthen college safety and security,
and serve as a clearinghouse for the dissemination of relevant campus
public safety information. The bill also requires the Department of
Education to conform hate crime reporting requirements to FBI
guidelines to more accurately report incidents of hate crimes on our
campuses.
Finally, the bill includes several positive changes to the TRIO
programs, which provide assistance to low-income and first generation
college-going students. The bill eliminates unreasonable evaluation
requirements imposed on Upward Bound programs by the Department of
Education without requiring a recompetition. In addition, the bill
creates an appeals process for TRIO programs to ensure that the
grantmaking process is fair and equitable.
One item not addressed in H.R. 4137 is the provision under current
law that prohibits students who are convicted of certain drug offenses
from receiving federal student financial aid. This provision unfairly
targets poor and minority students, increases long-term costs to
society, creates double jeopardy for students who have already paid
their debt to society, and lacks evidence of effectiveness. For these
reasons and others, I hope that we can address this critical access
issue as this bill moves through the legislative process.
For the foregoing reasons, I support the bill and urge my colleagues
to support it.
Mr. HOYER. Mr. Chairman, today--in a bipartisan vote--this House will
pass critical legislation designed to expand college access and to make
higher education more affordable for millions of American students.
This legislation, the College Opportunity and Affordability Act,
builds on the College Cost Reduction Act--legislation enacted last year
that, among other things, increased the maximum Pell Grant to $5,400
over five years and cut interest rates in half on subsidized student
loans, saving the average student $4,400 over the life of the loan.
There is a direct connection between our Nation's future prosperity
and our ability to compete and succeed in a global marketplace that now
relies more on brains than brawn. An educated workforce is absolutely
indispensable in this information age--and this legislation represents
an important step in expanding college access to more Americans.
In particular, I want to thank Chairman Miller, Ranking Member McKeon
and the members of the Education and Labor Committee for their hard
work on this bill, which was reported out of committee on a 45 to 0
vote.
This legislation reauthorizes the Higher Education Act through fiscal
year 2012, and, among other things, it will encourage colleges to rein
in price increases, providing incentives--such as additional need-based
aid--to colleges to hold down price increases. It also will require the
Department of Education to create ``higher education price increase
watch lists'' that report the full price of tuition and fees, as well
as the cost of room and board for students living on campus. And, it
seeks to restore integrity and accountability to the student loan
program, requiring institutions and lenders to adopt strict codes of
conduct, and providing students with full and fair information about
their borrowing options.
Furthermore, this bill will make textbook costs more manageable by
providing students with advance information on textbook pricing so that
they can plan for expenses and by ensuring that colleges and faculty
have full textbook pricing information when making purchasing
decisions.
Just today, the Washington Post noded in an editorial: ``Textbook
prices have been rising rapidly in recent decades, increasing at more
than 2\1/2\ times the rate of inflation from 1986 to 2004, according to
a Government Accountability Office report.'' The Post continued: ``At
the University of Maryland at College Park, the average student spends
more than $1,000 a year on textbooks--equal to 20 percent of tuition.''
Mr. Chairman, it not only is imperative to expand college access, but
also to do what we can to ensure that our students do not graduate with
crushing debt that haunts them for decades.
In addition, this important bill will make college more affordable
for low-income and non-traditional students by allowing students to
receive Pell Grant scholarship aid for the entire year. The bill also
creates a new scholarship program for active duty military personnel
and family members, including children and spouses of active duty
military service members and veterans.
Finally, let me say that I am pleased that this legislation includes
provisions that Congressman Berman and I worked on that require
institutions to disclose to students and employees their policies
related to copyright infringement and a description of actions that
institutions take to prevent and detect illegal file sharing.
Mr. Chairman, this a good, thoughtful piece of legislation. And, I
urge members on both sides on the aisle to vote for it.
Mr. HARE. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act. As a member of the House
Education and Labor Committee, I had the privilege of working on this
legislation, which will have a large impact on the students, veterans,
and workers in the rural communities of my Congressional district.
Today's legislation includes several provisions I authored to
increase enrollment of graduates from rural high schools in
institutions of higher education, help rural schools recruit qualified
teachers and administrators, and develop a strong workforce in rural
America.
One-third of K-12 schools in the United States are located in rural
areas and are responsible for educating almost 10 million children.
Unfortunately, these schools struggle to recruit highly qualified
teachers, putting our rural students at a disadvantage.
Teachers in rural schools often teach several subjects to multiple
grade levels and play many different roles in the school, such as
counselor, coach, lunchroom attendant, janitor, administrator, and
others. Therefore, in order for rural schools to recruit qualified
teachers, colleges of education must teach students the skills needed
to work in rural America. My provision achieves this goal by providing
incentives to colleges of education to add a rural focus to their
curriculum, and encourage students to complete their required student
teaching hours in rural schools.
I am also proud that Title VIII of the bill includes the College and
University Rural Education (CURE) Act, which I introduced with my
colleagues, Representatives David Loebsack and Zack Space. A variety of
studies show that fewer high school graduates from rural schools
continue on to college than from suburban schools. This unfortunate
reality leads to difficulties in training a qualified workforce in
rural America.
Now, more than ever, our Nation needs a skilled workforce of
teachers, health care workers, information technologists, and engineers
willing to live and work in rural communities in order to create and
support a competitive workforce, and to enhance the quality of life for
Americans living in rural areas.
The CURE Act responds to this call by establishing three grant
programs to increase enrollment of rural high school graduates in
institutions of higher education; increase economic development
partnerships to create an employment pipeline from higher education
institutions to the workforce; and increase the quality of life in
rural areas by providing training for professions of need in rural
areas.
Finally, I am pleased today's bill includes another provision I
developed to help the dislocated workers of Galesburg, IL, and other
trade impacted communities across the Nation. This provision allows
workers to indicate on the Free Application for Federal Student Aid
(FAFSA) that they have lost their job and would like to use current
year income when applying for financial aid. This will ensure that
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dislocated workers receive appropriate financial support, directly
resulting in greater access to training opportunities for workers who
lost their jobs.
The College Opportunity and Affordability Act builds upon the work we
started in the College Cost Reduction and Access Act to make college
more affordable and accessible to all Americans. I thank Chairman
Miller and Ranking Member McKeon for their leadership in moving these
bills through our committee and quickly to the floor. I urge all my
colleagues to support the Manager's Amendment and underlining bill.
Mr. SESSIONS. Mr. Chairman, I rise today in support of the expanded
access to higher education that individuals with intellectual
disabilities will have under the College Opportunity and Affordability
Act being considered on the House floor today.
As many of my colleagues know, my son Alex, who just turned 14, has
Down syndrome. As a student at J.L. Long Middle School in Dallas,
Texas, Alex has made significant academic progress and received many of
the same education opportunities as his peers as a result of the
Individuals with Disabilities Education Act. While IDEA will provide
invaluable education for Alex throughout his K-12 education, I also
realize that IDEA will not be there to serve his needs after high
school.
Currently, the education opportunities for most individuals with
intellectual disabilities end with secondary school. Unfortunately,
most remain unemployed and completely dependent.
As the parent of an individual with intellectual disabilities, I have
worked to ensure that individuals with disabilities have access to the
resources and opportunities to develop self-reliance and life skills,
enabling them to achieve their potential and to contribute to our
communities.
Mr. Chairman, in 2006, I authored legislative language to grant
students with intellectual disabilities access to Federal work study
funds for enrollment in comprehensive post-secondary education
programs.
I am very pleased that the College Opportunity and Affordability Act
not only includes my work study language, but it also builds on those
efforts by providing access to Pell Grants and Supplemental Education
Opportunity Grants. By providing access to Federal student aid, we will
be empowering individuals with intellectual disabilities across our
Nation to learn, develop, and achieve to the best of their abilities.
Additionally, I am pleased that this legislation will establish a
model education demonstration for a comprehensive transition and post-
secondary program for students with intellectual disabilities. By
awarding competitive grants to higher education institutions, the
development of this model demonstration will establish important first
steps for the creation and expansion of additional transition and
postsecondary programs for students with intellectual disabilities
across our Nation.
To ensure the integrity and success of these groundbreaking programs
for students with intellectual disabilities, this legislation also
authorizes a coordinating center that will provide technical
assistance, evaluation, and recommendations for the development of
accreditation standards.
Mr. Chairman, the establishment of these vital programs will
represent a historic victory not only for individuals with intellectual
disabilities, but also for their families and for the educators and
advocates who have worked diligently to establish these post-secondary
education opportunities.
In particular, I would like to recognize Stephanie Lee and Madeleine
Will with the National Down Syndrome Society for their invaluable
expertise and support to ensure that dreams of student aid and
transitional education programs for individuals with intellectual
disabilities become a reality.
Today, we can ensure that individuals with intellectual disabilities
have access to the educational resources and opportunities that can
enable them to lead a very fulfilling life.
Mr. FARR. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007 and the manager's
amendment offered by House Education and Labor Committee Chairman,
Representative George Miller.
It is globally accepted that the higher education system in the
United States is the envy of the academic world. Paths to college often
have different origins but always have the same destination, to
enlighten our minds and expand our horizons.
A path that often goes unnoticed but traveled by a hidden portion of
our population is the path of those with dyslexia. Dyslexia is often
the butt of many jokes, but for those affected by it, it is anything
but funny. Reading and writing are two fundamental skills that are
essential to how we learn from the time we enter school to the end of
our lives. For people who suffer from dyslexia, like myself, our
ability to learn by traditional teaching methods is more challenging,
and dyslexic children often fall behind at an early age. Imagine trying
to follow along with your classmates and simply not understanding why
you cannot read at the same level as everyone else. Being young, you
don't know that you have this condition. Your teacher, who has not been
trained to identify dyslexia, assumes that you may be slow or lazy. The
longer the problem goes unidentified, the greater the challenge to
overcome and adapt. As a young child with dyslexia, I quickly lost
interest in school and became a class disruption. If it had not been
for a science teacher who encouraged my interest in the sciences, who
knows where I would be today? In science I had the opportunity to learn
with my hands and not solely through a bunch of jumbled words in a
textbook. This newfound appreciation for learning spilled over into
other subjects and inspired me to succeed every day. Most students with
dyslexia go unidentified and are more likely to struggle in early
grades, which may mean they stay back a grade, lose interest in their
studies, can become increasingly disruptive in class and may be sent to
alternative schools for troubled youths or special education classes.
All this because our teachers are not trained to recognize dyslexia in
the classroom.
As part of the manager's amendment to H.R. 4137, a study by the
Center for Education at the National Academy of Sciences will examine
teacher education programs at institutes of higher education to
determine if teachers are adequately prepared to meet the needs of
students with reading and language processing challenges, including
dyslexia.
For too long, the Department of Education has resisted efforts to
increase awareness and training for students with dyslexia. We owe it
not only to our children but also to our teachers and parents to fully
recognize dyslexia as an impediment to accessing their full potential.
A simple recognition of this condition can change a child's life
forever and help set them on a path to be a productive member of
society. I was lucky, but a good education policy should not be based
upon a collective crossing of fingers.
Mr. Chairman, I again urge my colleagues to vote in favor of H.R.
4137 and the manager's amendment offered by the House Education and
Labor Committee Chairman, and my good friend, Congressman George
Miller.
Mr. WILSON of South Carolina. Mr. Chairman, I rise today to bring
attention to an anomaly in Federal higher education policy that I have
been trying to fix. It has been Federal policy for many years to
provide incentives to individuals to work in either high-growth
professions, high-need areas, or both. These incentives have included a
variety of loan forgiveness and loan cancellation programs. In fact,
this chamber just created a new program for public sector employees
last year.
The Federal Perkins Loan Program is a relatively small student loan
program targeted at low-income individuals. It provides these
individuals with low fixed-rate student loans. Additionally, the
Federal Government is willing to cancel these particular loans for
borrowers who work in high-growth professions and/or high-needs
settings for at least 5 years.
Unfortunately, when my office examined the Federal Family Education
Loan Program and the Direct Loan Program to see if these programs were
treating their borrowers in a similar fashion, we found
inconsistencies. One such inconsistency is the fact that individuals
who borrow Perkins Loans, obtain a degree in speech-language pathology,
and work in a Title I school for 5 years can seek to have a portion of
their loan cancelled. The net result is an increase in individuals
providing necessary services to children who require specialized care.
However, both the FFEL and Direct Loan programs do not treat school-
based speech-language pathologists like their special education teacher
colleagues with whom they work side-by-side with as they provide
valuable education services to children with disabilities. The teachers
receive the incentive; the speech-language pathologists do not.
Four years after the re-authorization of the Individuals with
Disabilities Education Act, while we are in the midst of a re-
authorization of the No Child Left Behind Act, and while we know how
critical the academic performance of children with disabilities affects
a school or school district, I think it is unwise and unfair to deprive
these children of the opportunity to receive the special education
services they need to succeed.
I will work with my colleagues on the House Education and Labor
Committee and our counterparts in the Senate to try to resolve this
matter. I look forward to discusing this matter with them as we proceed
to a conference with the Senate.
Mr. CONYERS. Mr. Chairman, I rise today in support of the
reauthorization of the Higher Education Act, H.R. 4137. In passing this
reauthorization today, the 110th Congress is once again demonstrating
its commitment to strengthening America's economy by increasing access
to higher education.
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In the lead-up to the 2006 election Democrats made a pledge to make
increased access to a quality education a priority in the 110th
Congress. The passage of this reauthorization today is just the latest
example of our making good on this promise.
Titled the College Opportunity and Affordability Act, H.R. 4137
reauthorizes one of President Lyndon Baines Johnson's key Great Society
programs, the Higher Education Act of 1965. The purpose of this
legislation from the outset always has been to strengthen the
educational resources of our colleges and universities and to provide
financial assistance for students in postsecondary and higher
education. H.R 4137 builds on this strong foundation.
A college education continues to be the best path to enter the middle
class. But ever-increasing tuition costs and other obstacles are
putting a college degree further out of reach for America's students.
In addition to rising tuition, students and their families face an
overly complex federal student aid application process and a student
loan industry tainted by conflicts of interest and mired in corrupt
lending practices. H.R. 4137 addresses these problems by encouraging
colleges to rein in price increases, ensuring that states maintain
their commitments to higher education funding, and providing students
and families with consumer-friendly information on college pricing and
the factors driving tuition increases.
The legislation strengthens provisions previously approved by the
House to avoid conflicts of interest in the student loan programs. The
bill's new provisions also include requiring better consumer
disclosures and protections on private student loans.
In the first 50 legislative hours of the 110th Congress, the
Democratic majority in the House of Representatives passed H.R. 5, the
College Student Relief Act, which cut the interest rates in half on
certain subsidized student loans over the next five years. In July 2007
we passed H.R. 2669, the College Cost Reduction Act, the single largest
increase in college aid since the GI bill. Today, with H.R. 4137, the
College Opportunity and Affordability Act, we build on these efforts
and once again demonstrate that the 110th Congress is building a better
future for all Americans.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in strong
support of H.R. 4137, the College Opportunity and Affordability Act,
introduced by my distinguished colleague from California,
Representative George Miller. This significant piece of legislation
provides greater access to colleges and universities, making higher
education affordable for all Americans, not just the wealthy.
A quality education continues to be the best pathway to social and
economic mobility in this country. As a Member and Senior Whip of the
Congressional Black Caucus, I have consistently advocated for the
maintenance of Historically Black Colleges and Universities. This
legislation will increase funding to Historically Black Colleges and
Universities, as well as Hispanic and other minority-serving
institutions, and it will expand college access and support for low-
income and minority students.
This legislation contains provisions allowing students to receive
Pell Grant scholarships year-round, and it increases the Pell Grant
maximum to $9,000. In addition, it strengthens college readiness
programs, namely the TRIO and GEAR UP college readiness and support
programs for low-income and first-generation students. These increases
will expand college access for low-income and minority students.
In Texas, over 87,000 African-Americans are incarcerated compared to
approximately 48,000 African-Americans attending college or university.
The disparity between the percentages of our youth in prison versus the
number of young people in college, particularly in the African-American
community, is disturbing to say the least. Higher education continues
to be one of the main pathways to social and economic mobility,
particularly in the African-American and Hispanic communities.
Mr. Chairman, this legislation contains important provisions opening
up even wider opportunities for our veterans. Our own Congressman
Charles Rangel was enlisted in the Army before even finishing high
school. Through the G.I. Bill, he obtained his bachelor's degree and
eventually his law degree to become Chairman of Ways and Means. H.R.
4137 goes beyond what the G.I. Bill did for Chairman Rangel, increasing
college aid and housing aid for not only veterans, but their families.
This legislation creates a new scholarship program for active duty
military personnel and family members, including children and spouses
of active duty military service members or veterans. It establishes
support centers to help veterans succeed in college and graduate.
Finally, it ensures fairness in student aid and housing aid for
veterans, making it easier for them to attend college while also
fulfilling their military service duties.
Mr. Chairman, I would also like to express my strong support for an
amendment introduced by my distinguished colleague, Congressman Danny
Davis, restoring safeguards to student loan borrowers. Mr. Chairman,
students who take out loans borrow money as part of their pursuit to
better themselves and contribute to the advancement of our Nation and
economy. However, current bankruptcy laws apply the same severe
standards to student borrowers that it applies to those trying to
escape child support payments, alimony, overdue taxes, and criminal
fines.
I do not believe those of our sons and daughters should be punished
for trying to get an education. All student loans are currently non-
dischargeable in bankruptcy, except in cases on a judicial finding of
undue hardship (an extremely difficult standard to meet). Under Mr.
Davis's amendment, government student loans and loans made by nonprofit
entities would remain non-dischargeable; other student loans, made by
for-profit banks and other lenders, would continue to be non-
dischargeable for the first five years after they come due, and after
that time they would be treated like other unsecured consumer loans in
bankruptcy. Mr. Chairman, I strongly urge my colleagues to support this
amendment, and to work to restore bankruptcy protection to private
student loans.
Understanding the federal application for federal student aid can be
challenging and complex even for the most knowledgeable parent. The
College Opportunity and Affordability Act would streamline and simplify
the application process giving families the tools they need to properly
plan for their college expenses.
This legislation will reform our higher education system ensuring
students and their families have the information they need to
understand their borrowing options when applying for federal and
private loans.
Mr. Chairman, as an active member of the Committee on Homeland
Security, I am extremely supportive of the provisions in this
legislation that boost campus safety and disaster readiness plans. Last
year's tragedy at Virginia Tech has illustrated the horror to which
students might be exposed, and natural disasters in recent years have
underlined the necessity of having campus disaster plans.
This legislation helps all colleges develop and implement state-of-
the-art emergency systems and campus safety plans, and it requires the
Department of Education to develop and maintain a disaster plan in
preparation for emergencies. In addition, this legislation creates a
National Center for Campus Safety at the Department of Justice to work
in collaboration with the COPS program. Finally, it establishes a
disaster relief loan program, to help schools recover and rebuild in
the event of a disaster.
The cost of higher education has risen to the point that it has
affected our workforce and our public service sectors. This country
needs firefighters, public defenders, law enforcement officials, and
educators just as much as it needs doctors and investment brokers. H.R.
4137 would encourage students to enter vital public service jobs by
authorizing up to $10,000 in loan forgiveness.
This important piece of legislation gives our youth, our veterans,
and our families the opportunity to not only dream of attending college
but actually realize that dream. I urge my colleagues to join me in
supporting H.R. 4137.
Mr. REICHERT. Mr. Chairman, in today's global, highly competitive
economy it is imperative that we create new opportunities for our
children and ensure that all students, no matter their age, income, or
race, have access to quality, affordable education. I am pleased to
rise in support of this important legislation and I'd like to thank
Chairman Miller and Ranking Member McKeon for bringing this bipartisan
bill to the floor so that we may finally make the dream of college a
reality for all children.
Last year, an overwhelming majority of my colleagues joined me in
supporting the College Cost Reduction Act, which the President signed
into law. This was a good first step to addressing the rising cost of
college but today we have an opportunity to do so much more.
Education is the lifeblood of a free and democratic society. We have
a responsibility to the future prosperity of this great Nation and the
rest of the world to ensure that our children have access to the very
best education possible--which means controlling costs, strengthening
our standards, promoting excellence, and creating new opportunities for
previously disadvantaged children. Increasing the maximum Pell Grants
and making them available year-round will go a long way towards
accomplishing this goal.
Finally, Mr. Chairman, if we are to remain a global economic leader
we must continue to invest in science and math education. The
foundation of innovation lies in a motivated and well-educated
workforce equipped with science, technology, engineering, and math
skills. While the U.S. is supporting math and science, the rest of the
world is not standing still and many countries are working hard to
build their own innovation capacity.
Our inability to provide our students with a premiere or even a basic
education in math
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and science is a threat not only to our economic security, but also to
our national security. The Hart-Rudman Commission was convened in 1998
to take a look at threats facing our country's national security over a
25-year period. The final report, released in early 2001, received
national attention after 9/11 because it stated that the number one
threat facing our country was terrorism, and it predicted that an
attack was likely to take place on U.S. soil. But what is not as well
known is that the report stated the second biggest threat to our
national security was our Nation's inability to educate our own
children in math and science. It called for a ``recapitalization''
effort. Our Nation has benefited and has been living on the
intellectual capital that was driven to our shores by Nazism, Communism
and poverty in the 20th century. But now, in a global economy, we can
no longer rely on the world's minds coming to our country. And this
trend coupled with our own deficiencies in education has created a
crisis that, according to this report, reaches national security
proportions of the highest magnitude.
A great real-world example exists in my own district in Washington
State, which exemplifies the importance of science and math education.
My district is home to several high-tech companies, including
Microsoft. In order to ensure the continued success of Microsoft and
other similarly situated companies, we must take steps now to fix our
failing math and science programs to make certain they're able to hire
the very best and brightest and we don't have to rely on a failing
immigration and visa program to coax highly skilled and trained workers
from overseas.
I believe we need to continue to emphasize math and science
throughout a child's education. During a speech before the National
Governor's Association at their 2005 Achieve Summit, Microsoft Chairman
Bill Gates said, ``In math and science, our 4th graders are among the
top students in the world. By 8th grade, they're in the middle of the
pack. By 12th grade, U.S. students are scoring near the bottom of all
industrialized nations.'' The need for serious attention and
improvements to our math and science education is clear. I am happy to
see the committee begin to address this need today through
scholarships, grants, and incentive programs to encourage students to
pursue careers in math and science.
Every parent wants their child to grow up to have more opportunities
and a better life than they had. Providing our children with access to
a higher education is integrally linked to the future economic, social,
and cultural health of our democracy. I urge all my colleagues to stand
up for our children and their future and join me in supporting this
legislation.
Mr. ETHERIDGE. Mr. Chairman, I rise in support of this fine
legislation, and I urge my colleagues to join me in voting to pass it.
This is a good bill, and I commend the bipartisan work of the Education
and Labor Committee under the leadership of Chairman George Miller and
Ranking Member Buck McKeon.
H.R. 4137 will renew and reauthorize the Higher Education Act for the
first time in 10 years. This legislation will expand college access for
low-income and minority students by allowing students to receive year-
round Pell Grant scholarships and strengthening college readiness
initiatives as well as increasing the authorized Pell Grant maximum to
$9,000. The bill will streamline the federal student financial aid
application.
In addition, H.R. 4137 will create Community Colleges as Partners in
Teacher Education grants which will provide needed support to establish
teacher education efforts that are aligned with four-year institutions,
so students can transition seamlessly from community college to four-
year schools. The bill will provide further assistance to community
colleges in critical areas such as remedial education, rural
development, and nursing education. And H.R. 4137 will make textbook
costs more manageable for students by helping them to plan for textbook
expenses in advance of each semester.
I also support several useful floor amendments to the bill that will
further strengthen this legislation, including the Managers amendment
containing the Davis amendment to create a new masters assistance
program for HBCUs, including Fayetteville State University in my
Congressional District. I also support the Doggett amendment to enable
data-matching between the IRS and the Department of Education for the
purposes of calculating the Expected Family Contribution when
processing financial aid. I support the Edwards/Boyda amendment to
provide for in-state tuition for soldiers' dependents like so many
families of soldiers at North Carolina's Fort Bragg. And I support the
Shuler amendment to authorize a competitive grant program through the
Department of Education that would allow institutions of higher
education to create longitudinal data systems to efficiently and
accurately manage, analyze, disaggregate and use individual student
data.
Finally, Mr. Chairman, as the first member of my family to graduate
from college, I know firsthand that affordable access to higher
education is the key to the American Dream for working families. I am
pleased to support this legislation, and I urge my colleagues to join
me in voting to pass it.
Mr. VAN HOLLEN. Mr. Chairman, we all know that paying for college is
often a daunting task for our Nation's students and families. It can
sometimes be difficult to calculate the full costs and find ways to
meet them. Far too many students graduate with too much debt--debts
that can limit their choices and strain their finances. I am proud that
this Congress has focused significant attention on this issue.
Last year this Congress passed the largest increase in student
assistance since the Montgomery G.I. Bill. That increase was fully paid
for by reducing subsidies to banks and lenders. Today, we continue our
commitment to increasing access to higher education with the College
Opportunity and Affordability Act.
This bill provides transparency and clarity in the often-confusing
process that students and families face as they decide how to pay for
college. It simplifies the Free Application for Federal Student Aid
process and creates a shorter form for low-income families. It
instructs the Secretary of Education to create a user-friendly website
that centralizes information about schools and costs. It also makes
sure that students and parents get easy-to-understand information about
the terms and conditions of both federal and private loans.
The College Opportunity and Affordability Act also includes
provisions from the House-passed Student Loan Sunshine Act, which
requires schools and lenders to adopt strict codes of conduct to avoid
conflicts of interest and protect students from aggressive lending
practices.
Today's bill also furthers our Competitiveness Agenda, begun with the
America COMPETES Act last year, by creating programs to recruit new
science and technology teachers and collaborate with the business
community to improve science, technology, engineering and math (STEM)
and foreign language education.
It continues our commitment to our Nation's military, creating new
scholarships for active duty personnel and their families, providing
support for veterans at college, and ensuring that they have fair
access to student and housing aid.
I thank the chairman and ranking member for including many of the
provisions from the Teach for America Act, a bill that I introduced
last year with Mr. Castle, Ms. DeLauro, Mr. Regula, and Mr. Sarbanes.
These provisions, combined with the amendment to clarify specific
authorizing amounts that Mr. Castle and I offered today, will allow
Teach for America to expand its reach with 8,000 corps members serving
680,000 children in 33 regions around the country.
Mr. Chairman, this bill will increase transparency, put more
qualified teachers in our classrooms, and open the doors to college to
our Nation's children. I urge my colleagues to join me in supporting it
today.
Mr. AL GREEN of Texas. Mr. Chairman, I would like to express my
support for H.R. 4137, the College Opportunity and Affordability Act of
2007.
With each passing day, a college education becomes increasingly
important for the success of our workforce while simultaneously
becoming more expensive and unattainable. H.R. 4137 would address this
unfortunate trend by making a quality post-secondary education more
affordable and accessible for all Americans. This legislation includes
a number of commendable provisions that will help to reform our higher
education system so that it can better serve the needs of students and
their families. It offers a comprehensive approach to reducing
educational expenses and provides targeted support to groups with the
greatest need.
I am particularly pleased with the efforts that have been made to
increase access for low-income and minority students. The bill allows
Pell grants to be made available based on a year-round enrollment
schedule so that low-income and non-traditional students will have the
flexibility and resources to obtain a college degree. Additional
provisions in the bill will expand funding for minority-serving
institutions such as Historically Black Colleges and Universities.
There are also measures designed to strengthen the GEAR UP and TRIO
college readiness programs so that low-income and first generation
students will be adequately prepared.
If we truly wish to enable our students to achieve their full
potential, we must not let them be confined by their financial
limitations. I support the College Opportunity and Affordability Act so
that all Americans will be able to pursue a higher education and
achieve the American Dream.
Mr. TIAHRT. Mr. Chairman, I rise today to offer my support for H.R.
4137, the College Opportunity and Affordability Act. This bill takes
significant steps to make the dream of a college education a reality
for America's young people, and I am very pleased that we are
considering it today. H.R. 4137 addresses
[[Page H654]]
a number of aspects of higher education, but there are two provisions
in particular that I would like to commend.
First, I am pleased with the inclusion of section 706, which
establishes grants for urban-serving universities. Our cities are
facing unique challenges that require solutions that are tailored to
their needs. Urban secondary schools have higher dropout rates and
lower test scores than their suburban and rural counterparts. Urban
schools struggle to recruit and retain teachers, especially in areas
like mathematics and science. A larger proportion of urban populations
are uninsured or under-insured. Urban research universities, like
Wichita State University in my district, are well positioned and
equipped to find real, meaningful solutions to these issues. They are
uniquely qualified to train teachers for urban classrooms. They are
able to use their strategic location to develop community-academic
partnerships to develop effective treatments for diseases in urban
populations, and rectify health disparities in their communities. The
magnitude of these issues requires an investment by the Federal
Government to encourage urban universities to coordinate, evaluate, and
disseminate solutions to key urban problems related to education,
community revitalization, and health and quality of life. The grant
programs in section 706 are a solid first step towards this end.
Secondly, I am pleased with the promotion of Science, Technology,
Engineering, and Mathematics, STEM, fields. Success in these fields is
critical to the continued economic dominance that the United States
currently enjoys. The United States has the No. 1 economy in the world.
For almost two centuries, we have been the envy of the world--a dynamic
economy, a hardworking, motivated workforce, truly the land of
opportunity where innovation has thrived. That status is changing,
however. While our education system is languishing, especially in STEM
fields that are so critical to our continued economic growth, China,
India, and other nations are preparing for the future. They are
educating their students in math, science, and technology and pumping
out record numbers of engineers. Language included in this bill will
help American students keep pace with their international counterparts.
I urge my colleagues to support these measures in particular, and the
underlying bill.
Mr. MORAN of Virginia. Mr. Chairman, I want to thank the chairman and
his staff for including the Moran-Shays amendment in the manager's
package of the College Opportunity and Affordability Act. For some
time, Mr. Shays and I have been concerned with maintaining the strength
of our Nation's public service. This amendment lays an early foundation
for a greater Federal role in encouraging and facilitating public
service.
The Moran-Shays amendment will bring together the experts in the
field of public service to study how student loan debt affects the
decisions of graduates of postsecondary and graduate education programs
to enter into public service careers. Specifically, the study assesses
the current challenges to recruiting and retaining well-qualified
public servants, evaluates existing Federal programs and whether
additional Federal programs could increase the number of graduates who
enter careers in public service, and recommends pilot programs,
including the establishment of a public service academy, to encourage
careers in public service.
The new century has brought immense challenges that require strong
and prepared public institutions. On the eve of the retirement of the
baby-boom generation, our Nation presses for a new generation of
teachers, firefighters, Federal employees, and other civil servants to
fill the void they will leave.
Young Americans are answering the call. According to the Higher
Education Research Institute, two-thirds of the 2005 freshman class at
institutions of higher education expressed a desire to serve others,
the highest rate in a generation.
Yet, an impediment to public service is the increase in college
tuitions and debts, making it difficult for graduates to pursue careers
in the public sector. These future public servants are potentially
overburdened by the debts of college and university loans, forced to
choose private sector jobs over public service opportunities.
By providing students with a federally funded education, the stress
of debts would be eliminated, and their commitment to the public
service sector for at least 5 years could lead to lifelong service.
I have joined with Representative Chris Shays and Senators Hillary
Clinton and Arlen Specter to introduce the U.S. Public Service Academy
Act. Modeled after the military service academies, this academy will
provide a 4-year, federally subsidized college education for more than
5,000 students each year in exchange for a 5-year commitment to public
service, including fields that will most need a new generation of
leaders, such as public education, public health, and law enforcement.
We are encouraged by the support the proposal has gained so far, as
nearly 100 bipartisan cosponsors in the House of Representatives have
joined in this effort.
Mr. Chairman, the Moran-Shays amendment will continue to make the
case for Federal intervention into promoting public service, including
possibly a public service academy. I thank the committee for including
the study in the manager's amendment, and I urge passage of the College
Opportunity and Affordability Act.
Mr. REYES. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007.
In addition to restoring integrity to student loan programs,
encouraging States and colleges to rein in student costs, bolstering
Pell grants and expanding maximum awards, and investing in renewable
and efficient campus energy practices, this legislation makes a vital
investment in the economic competitiveness of our nation. Included in
that investment is a needed focus on improving minority participation
in the science, technology, engineering, and math, STEM, fields.
According to the U.S. Census, 39 percent of the population under the
age of 18 is a racial or ethnic minority. That percentage is on a path
to pass 50 percent by the year 2050. Yet, in 2000, only 4.4 percent of
the science and engineering jobs were held by African Americans and
only 3.4 percent by Hispanics.
This under-representation of minority groups in the STEM fields is a
severe impediment to the formation of an adequate American STEM
workforce. The increased education and participation of this segment of
the workforce is essential to supplying the American economy with the
STEM expertise the country needs to innovate and to improve America's
economic standing in the world.
One year ago, I joined with several of my colleagues, Congresswoman
Eddie Bernice Johnson, Congresswoman Zoe Lofgren, Congressman Ruben
Hinojosa, Congressman Mike Honda, and Congressman G.K. Butterfield, to
create the House Diversity and Innovation Caucus. The caucus was
created on a relatively simple premise: If we want to expand the STEM
pipeline, we must broaden our pool of talent. If we are to compete with
the rest of the world, we cannot do so with one hand tied behind our
back, with the vast majority of certain demographic groups severely
under-represented in the fields that drive innovation.
This bill includes several provisions that would bolster the
participation of under-represented groups in the STEM fields.
Specifically, H.R. 4137 would:
Establish the YES Partnership grant program for Minority-Serving
Institutions to support the participation of under-represented minority
youth in STEM through outreach and hands-on experiential-based learning
projects;
Strengthen and expand the Minority Science and Engineering
Improvement Program;
Enact the Minority-Serving Institutions Digital and Wireless
Technology Opportunity
Program;
Establish a matching grant program to recruit math, science, and
language teachers;
Establish a priority in the Graduate Areas of National Need Program
for fellowships to develop faculty in math, science, special education,
and bilingual education;
Expand loan forgiveness in areas of national need;
Authorize a grant to examine establishing an organization to ensure
women and under-represented minorities on college campuses are not
facing subtle biases that discourage them from careers in STEM fields;
and
Ensure that legal immigrants and part-time students are eligible for
the Academic Competitiveness and SMART grants.
I am particularly proud that H.R. 4137 includes a bill I authored and
introduced in the House, the STEM Promotion Act. In addition to
providing young Americans strong educational opportunities in STEM, we
must find a way to interest them in pursuing the STEM professions. My
generation was inspired by Sputnik to pursue careers in science,
engineering, and math, but we cannot sit back and wait for another
Sputnik to re-engage our young people in these critical fields. We must
tackle the STEM pipeline issue head-on, by methodically attracting
Americans to enter STEM.
The STEM Promotion Act proposes just that. The bill would require the
Secretary of Education to work with marketing professionals, similar to
what the military does, to advertise and otherwise market the
attractiveness of pursuing opportunities in STEM. Moreover, the
Secretary would order marketing research to be conducted to examine how
best to appeal to segments of our population that have been under-
represented in the STEM fields, such as women, Hispanics, and African-
Americans.
If America is to achieve its strategic objectives in STEM, the
enormous potential of groups that are currently under-represented in
the STEM fields must be realized. This bill will expand the STEM
pipeline and promote innovation and competitiveness by helping to
correct the under-representation of certain groups in the STEM fields.
[[Page H655]]
H.R. 4137 also makes broad investments in higher education and
college access. In addition to increasing the maximum Pell grant award
by over $3,000 and authorizing year-round grants, the bill includes key
provisions of the Next Generation Hispanic-Serving Institutions Act, of
which I have been an original cosponsor for the past three Congresses.
Included is a new graduate program for those institutions, authorized
at $125 million, and an increased authorization for the undergraduate
program to $175 million.
I am particularly pleased that the Education and Labor Committee has
seen fit to strengthen and increase funding for GEAR UP and TRIO, which
are critical college access programs for low-income students for which
I have advocated since arriving in Congress in 1997. Specifically, the
bill increases minimum grant awards for TRIO and HEP-CAMP, increases
the authorization for TRIO to $950 million, increases the authorization
for GEAR UP to $400 million, and addresses accountability standards to
ensure students are completing a rigorous program of study. The bill
also promotes college transition and parental involvement in GEAR UP,
and encourages GEAR UP and TRIO to promote financial literacy.
By passing this bill, we would also ensure that our military veterans
have full access to both the Montgomery GI bill and education programs
under the Higher Education Act. H.R. 4137 establishes a scholarship
program for veteran students and their families and Centers of
Excellence for Veteran Student Success, and ensures fair treatment of
veterans benefits in the financial aid need analysis formula.
I urge my colleagues to consider this bill's positive impact on
competitiveness when deciding how to vote. Please support a strong and
prosperous America. Vote ``yes'' on H.R. 4137.
Mr. DINGELL. Mr. Chairman, today I rise in support of H.R. 4137, the
College Opportunity and Affordability Act. As a proud father and
grandfather, I know too well that the costs of a college education can
be prohibitive. This legislation, in combination with the College Cost
Reduction Act passed in September, makes great strides to reform our
higher education system to increase access to all students and families
who desire to attend college.
I know many of you have heard me talk about the tough times my great
State of Michigan is facing. I know many of you have heard that
Michigan has the highest unemployment rate in the Nation at 7.5
percent, Michigan has one of the highest foreclosure rates, while at
the same time our median household income has decreased by 11.9 percent
and over 240,000 manufacturing jobs have left our State. These
statistics are worth repeating because they emphasize the need and the
importance for providing our future workforce with the tools they need
to be successful.
One tool that is vitally important to many students is Federal aid;
in fact, in past years almost 9 million students have received Federal
aid. Yet the process to apply for Federal aid can be confusing and
overwhelming for many students and their families. H.R. 4137 proposes
to streamline the Free Application for Federal Student Aid, FAFSA, in
order to make it easier for students to navigate. This will be done by
reducing the number of questions on the FAFSA form and allowing
applicants to save their information rather than re-filing a new form
each year. It will also allow students and their families to determine
their expected family contribution and their Federal student aid
package prior to college so that families can plan accordingly.
H.R. 4137 will also demand more accountability from student loan
lenders, ensuring that the best interests of our students come first.
This legislation will do this by requiring higher education
institutions and lenders to adopt strict codes of conduct and ban all
gifts and revenue sharing agreements between institutions and lenders.
Students will now also be provided with full and fair information about
their loans before entering into loan agreements, as well as be
informed by the lenders of all borrowing options available to them when
taking out and repaying loans.
Another focus of this legislation is the need to address rising
college prices so that more students and families will be able to
attend college in the first place. We have seen in tuition at 4-year
public colleges increase 30.5 percent since 1999 to $7,164 per year.
That is an increase of $1,675 over 6 years. When families are making
less, every increase makes it harder and harder for students to afford
college.
To address this, H.R. 4137 will also establish an online net price
calculator that will assist students and their families estimate the
cost based on income and family situations at individual schools. This
will allow families to be able to properly calculate what the cost of a
4-year education will be. Families will now also have access to a list
published by the Department of Education that will provide consumers
with information on tuition and fees, average price after grant aid,
recent price increases, and change in per-student spending.
I am also pleased that this legislation will increase college aid to
our veterans and military personnel. Many college campuses have seen an
increase in enrollment of veterans from Iraq and Afghanistan; however,
some of these schools do not have enough resources to give the veterans
the support they need. With over a million troops having served in Iraq
and Afghanistan, it is our duty to ensure that when they return they
have access to a college education. This legislation establishes a
scholarship program that could award up to $5,000 for veterans, their
spouses, or their children enrolled in college. It will also create
support centers on college campuses designed to coordinate services and
assist veterans with enrollment and completion of their degrees. More
importantly, H.R. 4137 will ensure that veterans are not penalized by
their financial contributions to their GI benefits in the financial aid
process.
Mr. Chairman, I have heard over the years from my constituents, many
from some of the great universities in my district, about the
increasing amount of debt taken on to complete a college degree. Many
have been forced to take out private loans, others have taken on
additional hours at work, and unfortunately, some have had to take a
leave of absence from school to pay the bills. This is a pattern that
cannot continue. Education is not a luxury, it is a tool needed to
succeed in today's economy. Investing in education and Federal aid
programs is investing in our workforce and the success of our
constituents. Today I urge my colleagues to vote in favor of this
legislation, reaffirming the commitment the Democratic Congress has
made to improving higher education and strengthening our workforce.
Mrs. CHRISTENSEN. Mr. Chairman, I rise in strong support of H.R.
4137, the College Opportunity and Affordability Act of 2007. I would
like to commend Chairman Miller and his staff for their work on this
bill and their efforts to bring it to the House floor. Following the
introduction of a stimulus bill to help boost our Nation's economy, it
is only appropriate that we also pass legislation that will boost
higher level education and create a stronger workforce. This bill
represents a federal commitment to making college more affordable and
accessible.
I am pleased that HEA will provide new support for Predominantly
Black Institutions and other Minority-Serving Institutions. H.R. 4137
would expand funding for graduate student programs at Historically
Black Colleges and Universities, Hispanic Serving Institutions, and
other minority-serving schools. HEA also makes significant changes to
tribal institutions that would allow them to receive the necessary
classification in order to obtain basic federal support for the
education and training of Indian students and for tribally controlled
postsecondary career and technical institutions that are not currently
receiving federal assistance.
As a physician and Chair of the Congressional Black Caucus Health
Braintrust, I strongly support the provisions of H.R. 4137 that will
make medical school and training more affordable. HEA will create grant
programs to increase nursing school capacity and provide nurses with
the scholarships and release time needed to qualify as nursing school
faculty. This legislation would also ensure that medical school
graduates can afford their residencies and specialized training by
including loan forgiveness programs that would remove current financial
barriers that affect medical school graduates' choice of specialty,
especially those with lengthy residencies.
In addition to supporting the overall bill, I would like to express
my support for the Congressman Danny Davis' amendment that would
restore the ability to discharge private student loans in bankruptcy.
Students with private loans should have some protection when they are
faced with economic hardship.
I am pleased to support this comprehensive bill that would provide
much needed reform to the Higher Education Act and I urge its final
passage.
Ms. McCOLLUM of Minnesota. Mr. Chairman, I rise to support the
College Opportunity and Affordability Act and I commend Chairman Miller
and Ranking Member McKeon for putting together a bipartisan bill that
will have a real impact on college affordability.
I had the honor to serve on the Education and Workforce Committee for
my first 6 years in Congress. It is a real pleasure to know that we
will finally be able to reauthorize the Higher Education Act.
The College Opportunity and Affordability Act is focused on students,
strengthening higher education, and improving our global
competitiveness.
It increases need-based aid, provides more access to information on
the cost of college, and holds States accountable for their investment.
It protects borrowers by restoring sunshine to student loan programs,
and by simplifying the financial aid application process.
[[Page H656]]
And, it also makes new investments in increasing student interest in
science and technology careers.
I also want to thank Chairman Miller for including legislation that I
introduced along with Congressman Bishop and Congressman Grijalva to
crack down on diploma mills.
Diploma mills--businesses that sell fraudulent degrees for little or
no work--have proliferated in recent decades due to lax law enforcement
and technological advances such as the Internet and email.
The growth of these fraudulent businesses has created a variety of
serious problems. Diploma mills can sell a worthless degree to a naive
student. They also threaten the reputation of American colleges and
universities by blatantly using similar names. They cheat employers--
including school districts as we saw a few years ago--and the Federal
Government. A 2004 GAO study revealed that at least 463 Federal
employees held degrees from diploma mills and other unaccredited
universities. In addition to hiring employees who are likely
unqualified, employers, including the Federal Government, have wasted
resources paying tuition to diploma mills. They can be physically
dangerous as is so obvious in the example of diploma mill medical
schools.
And more and more it is a national security issue. These degrees
could be used to obtain visas. In addition, our failure to deal with
the issue has been noted in other countries (Japan), harming our
reputation around the world.
This legislation includes the first national effort to combat this
problem. It is a first step, but a very important step.
I thank the chair and the ranking member for their support of this
provision and for their dedication to improving access to higher
education. I urge all my colleagues to support H.R. 4137 and to
continue to make access to higher education a priority for this
Congress.
Mr. ORTIZ. Mr. Chairman, I rise in support of HR 4137, the College
Opportunity and Affordability Act.
A college education continues to be a great path to prosperity. But
more and more, high college prices and other obstacles are putting a
college degree further out of reach for our students. In addition to
rising tuition, students and their families face a complex federal
student aid application process and student loan industry.
The legislation will streamline the application process for financial
aid, will allow for students to better manage textbook costs, and
increase college aid and support programs for veterans and military
families.
Many college students--including 37 percent of Hispanic students--
receive Pell Grants each year, and this bill will now allow students to
receive these vital grants year round.
It also increases authorization levels for the TRIO program to $400
million and GEAR UP program to $950 million, both of which prepare low-
income and first-generation students with the challenges for college.
Many students find themselves in financial troubles because they are
not aware of the rising costs or the details of the loans they take
out. This legislation will hold student loan lenders more accountable
for any potentially predatory actions, but students and their families
will now have more information about all the options and costs to
attend college.
Though we have passed this important piece of legislation, we are by
no means done with higher education issues. The President's budget cut
funding to Hispanic-serving institutions, and I will work with my
colleagues to ensure those institutions receive proper funding. All
students deserve to have as many resources as we can provide to them to
better themselves and their positions in life.
Mr. STARK. Mr. Chairman, I rise in strong support of making college
affordable again.
Since taking over Congress, Democrats have made historic investments
in higher education. We have reduced interest rates on federal student
loans by 50 percent. We have increased both the amount and the reach of
Pell Grants and we have acted to provide long overdue oversight of the
student loan industry. Today, we will reauthorize and reform the Higher
Education Act and take another step forward toward the goal of making
sure that all qualified students can afford to go to college without
being saddled by overwhelming debt.
A college degree is not only the best guarantee of a good paying job,
it is quickly becoming a necessity in our economy. The College
Opportunity and Affordability Act, H.R. 4137, will open up the gates of
higher education to students from all backgrounds. By increasing the
maximum Pell Grant amount from $5,800 to $9,000, this bill will allow
many lower income students to realistically pursue a degree. By making
Pell Grants available year round and for part-time students, this
legislation would help non-traditional students such as those working
full-time. Finally, by simplifying the financial aid application
process, this bill will make it easier for students to receive the aid
they need and deserve.
For too long, the student loan industry, much like the mortgage
industry, has operated without proper oversight. As a consequence,
lenders entered into quid pro quo agreements with universities and
coerced students into high-interest loans. The bill before us today
protects borrowers by requiring full disclosure of all terms,
prohibiting revenue sharing between colleges and lenders and doing away
with draconian pre-payment penalties.
We must encourage and reward careers in public service. I strongly
support the loan forgiveness program in today's measure. It will
provide up to $10,000 in loan forgiveness for graduates teaching in
low-income areas or entering crucial fields such as early childhood
education and mental health.
Four decades ago, President Johnson signed the Higher Education Act
and committed to helping low income students afford a college
education. Today, Congress has the opportunity to renew that commitment
by providing the support and oversight so that all students can fulfill
their dream of attending college. I urge all of my colleagues to join
me in supporting this important bill.
Mrs. JONES of Ohio. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act. This legislation will help
break down the barriers, particularly the ever-rising costs of higher
education, for Americans to obtain a college degree.
I am extremely excited about the provision from my legislation, the
Campus Fire Safety and Prevention Act, that is included in this bill.
This legislation would establish a demonstration incentive program
within the Department of Education to promote installation of fire
sprinkler systems, or other fire suppression or prevention
technologies, in qualified student housing or dormitories, and for
other purposes.
Fire safety and prevention is an issue that needs to be addressed
across this country. Over these few years we have seen many tragedies
involving fire at colleges, places of business, entertainment venues
and places of residence.
Nationwide, 126 people have been killed in student housing since
January 2000, as identified by the Center for Campus Fire Safety, a
non-profit organization that compiles information on campus-related
fires.
Almost 83 percent of the fire fatalities have occurred in off-campus
occupancies such as rented houses and apartments. Common factors in a
number of these fires include: lack of automatic sprinklers, disabled
smoke alarms, careless disposal of smoking materials, and alcohol
consumption.
We must begin to put in place suppression measures against fires and
increase support and resources for our fire fighters to ensure that no
more lives are lost to fires that could have been prevented.
I encourage my colleagues to pass the College Opportunity and
Affordability Act. This legislation would reform our higher education
system so that it operates in the best interests of students and
families.
Mr. LANGEVIN. Mr. chairman, I rise today in strong support of H.R
4137, the College Opportunity and Affordability Act, which will
reauthorize the Higher Education Act for 5 years. This is the first
time in almost a decade that this bill has been reauthorized, and I am
proud to be part of a Congress that has placed such a high priority on
making college a reality for all of our nation's students. This bill
builds on legislation that passed last year to help lower college costs
and boost Federal loan support for our students. Especially with the
state of our economy, it is imperative that we invest in our education
system to promote new employment and ensure that today's students can
adapt to the jobs of tomorrow.
Two of the main goals of the College Opportunity and Affordability
Act are to make a college education accessible to all students and to
lower college costs for those students and their families. I am pleased
that this bill increases the maximum amount of Pell Grants, which help
5.5 million low-income and minority students attend college, from
$5,800 to $9,000. This measure also boosts funding for the TRIO program
and the Gaining Early Awareness and Readiness for Undergraduate Program
(GEAR UP), which provide college readiness and support for low-income
and first-generation students. H.R. 4137 ensures equal college
opportunities for students with disabilities by creating a national
center to improve college recruitment, retention, and completion of
students with disabilities, and would also expand eligibility for Pell
Grants for students with intellectual disabilities.
H.R. 4137 also establishes a user-friendly website to provide
students and families with helpful information about college pricing,
and will streamline the cumbersome filing process for Free Application
for Federal Student Aid (FAFSA). Families will now be able to receive
estimates of their expected contribution and the amount of financial
aid they may receive. H.R. 4137 requires higher education institutions
and student loan providers to give borrowers fair and full information
on their loan terms and repayment options, as well as promote financial
literacy and education for students and families. This measure also
helps
[[Page H657]]
reduce the cost of textbooks, which on average sets back a student
$1,000 per year, by making sure professors have full textbook pricing
when making purchasing decisions and by ensuring students receive
advanced lists of textbooks for their upcoming classes.
One of the goals of the 110th Congress is to create a new generation
of innovators so that we continue to build an educated, skilled
workforce in the vital areas of science, math, engineering and
information technology. To maintain our international competitiveness
and economic advantage in the coming years, our Nation must invest more
in science, technology, engineering and mathematics (STEM) education.
That is why I am pleased that H.R. 4137 includes many new initiatives
and increases funding for STEM education. These new programs include
grants for colleges and universities to provide incentives for students
in STEM majors to teach in these academic areas; the YES Partnership
Grant Program, which provides funding to eligible colleges to support
minority youth engagement in STEM fields through out-reach and hands-on
experiential learning; and the ``Robert C. Byrd Mathematics and Science
Honors Scholarship Program'' which focuses on encouraging students to
earn degrees in math and science.
H.R. 4137 increases college aid and support for our veterans and
military families by requiring colleges and universities to treat
students returning from military service as continuously enrolled
students and preventing active duty servicemembers from accruing
interest on student loans for the duration of their activation. The
measure also encourages those students who commit to a job in high-need
areas and public service for at least 5 years by establishing a $10,000
loan forgiveness program for nurses, early childhood educators, foreign
language specialists, child welfare workers, school counselors, public
sector employees, medical specialists, and mental health professionals.
This measure further addresses the shortage of nursing faculty by
establishing competitive grants to fund scholarships for nurses
studying for advanced degrees with the intention of becoming faculty.
In recent years, our country's college and university campuses have
seen unnecessary tragedies. H.R 4137 will boost campus safety by
helping all colleges develop and implement state of the art emergency
systems and campus safety plans, and will also create a National Center
for Campus Safety at the Department of Justice. Administrators and
students on campuses across the country have also pushed for
environmental, or ``green'', initiatives, and this measure supports
these efforts by providing funding for environmental sustainability
programs.
Mr. Chairman, H.R 4137 shows that Congress is committed to the
success of our students, and we will work to make sure that they can
pursue their dreams without the burdens of unnecessary costs and debt.
While we may find ourselves facing hard economic decisions, we must
empower the next generation with the necessary tools and invest in
their education. The College Opportunity and Affordability Act will set
a blueprint for the future, and I encourage all my colleagues to vote
for this bill.
Mr. SPACE. Mr. Chairman, I would like to begin by thanking Chairman
George Miller for his work on behalf of rural communities in H.R. 4137.
Specifically, I would like to thank Chairman Miller for including
provisions from H.R. 4139, the Colleges and Universities Rural
Education (CURE) Act, in this important bill.
I would also like to extend my thanks to Ranking Member McKeon for
his hard work on the legislation, as well as the staff of the Committee
on Education and Labor.
Rural communities face a unique set of challenges in developing a
highly-skilled workforce. Limited access to higher education makes
advanced training more difficult to attain for the millions of
Americans living in rural areas around the country. While we all should
take pride in the work of our nation's public schools and teachers in
providing a quality education to American children, the need for
training beyond a basic high school diploma is clearly critical.
I see this deficit every day in southeastern Ohio. Some communities
struggle to fill critical professions, particularly in the medical
community, due to the rural nature of their district and the lack of
training opportunities in a reasonable proximity.
To rectify this deficit, I introduced H.R. 4139, the CURE Act. This
important legislation authorizes grants to the colleges serving rural
America to create partnerships with rural school districts to improve
access to higher education for rural high school graduates. These
grants will provide important access to financial aid opportunities as
well as programs on college campuses that will help to encourage
students to pursue higher education when they might otherwise not.
Additionally, this legislation authorizes grants for rural colleges
to develop training programs in needed professions, and develop
partnerships with employers in the area to develop employment
pipelines. These grants will help rural communities struggling to fill
the positions needed to maintain a quality of life, such as doctors and
teachers.
Again, I wish to commend Chairman Miller for his willingness to see
the challenges facing rural America and work to improve the quality of
life for those communities. On behalf of my colleagues and I who
represent rural America, I extend my truest and utmost thanks.
Mr. BACA. Mr. Chairman, I ask for unanimous consent to revise and
extend my remarks.
I rise today to voice my strong support for H.R. 4137, the College
Opportunity and Affordability Act.
Last year, this Congress took a first step in our promise to lower
education costs and increase opportunities for American families.
This bill is about keeping that promise by strengthening higher
education and increasing access to college for low income students.
This is especially important for the Latino community here in the
United States where too many don't even apply to college because of the
high costs. And the number of Latino students graduating with a degree
does not compare with their white counterparts.
This year only 25 percent of college-age Latinos were actually
enrolled in college. Only 25 percent.
This bill will help to eliminate this gap. It increases financial
aid, strengthens college prep programs for low income students, and
makes historic investments at minority serving institutions.
When we provide low-income students with access to college, we
strengthen the middle class and make America stronger.
One thing I'd like to work with the Committee on is the student loan
debt burden on teachers. Right now they can only get student repayment
for their direct loans. But we really should help them pay back all of
their student loans, including their private ones. They provide an
important service to our Nation so that is the least we can do.
I urge my colleagues to support H.R. 4137.
Mr. LANTOS. Mr. Chairman, I rise today in support of the Lantos-Watt
amendment to the Higher Education Reauthorization, H.R. 4137. This
amendment clarifies that all graduate degree granting institutions are
eligible as lead grantees under the Graduate Assistance in Areas of
National Need (GAANN) program in Title VII of the HEA.
Mr. Chairman, as a former professor at San Francisco State
University, I know the caliber of student in their graduate programs.
And with our proximity to Silicon Valley, many of the leading biotech
companies have an embarrassment of riches to select from. Before the
Department of Education undermined congressional intent, limiting
participation of master's degree granting institutions, SFSU was
routinely competing and winning GAANN fellowships.
Congress created the GAANN program to provide these fellowships for
graduates with superior ability and financial needs studying in areas
of national need. Under the original HEA statute and GAANN program
regulations, graduate degree granting institutions including those
terminating in a master's degree are eligible to participate as lead
institutions in the GAANN program. Contrary to Congressional intent and
the GAANN statute--which refers to graduate, not doctoral
institutions--the Department limited participation as a lead entity in
GAANN to doctoral granting institutions only. This action eliminated
three master's degree granting programs at San Francisco State
University, along with Florida A&M and North Carolina A&T from
participation in the GAANN program. Until this action, SFSU had GAANN
grants in biology and chemistry.
Mr. Chairman, in the President's FY09 budget released a few days ago
the GAANN program was tabbed for an increase in funding to stem the
long-term decline in the number of fellowships awarded under the
program. The President recognized how effective these grants are and
provided support for 747 fellowships, including 529 new fellows.
Mr. Chairman, GAANN is a competitive program. This provision would
not open the program to new entrants. It would merely restore the
ability of master's degree granting programs to compete with those
granting PhDs. I proudly support the Lantos-Watt amendment and thank
Mr. Watt for working with me to give all universities an opportunity to
compete.
Mr. UDALL of Colorado. Mr. Chairman, I will support H.R. 4137, the
College Opportunity and Affordability Act of 2007. Overall, it is an
excellent bill, but I do have a serious concern about the impact of one
provision, the state maintenance-of-efforts provision, on Colorado.
This bill will reauthorize the Higher Education Act and will help
make our colleges and universities more affordable and accessible.
I am especially pleased that this bill will help students and
families trying to afford the increasing costs of college. The bill
increases the maximum Pell grant award to $9,000 annually, up from
$5,800. Pell Grants enable many students to attend college, but with
rising tuition costs these grants have lost some
[[Page H658]]
of their purchasing power. This increase will allow Pell Grants to help
students limit debt and expand their education opportunities. Also,
Pell Grant scholarships availability will be expanded to year-round to
allow students to use the funding when it best works with their
schedule.
Not only will H.R. 4137 increase federal aid, but it will also make
the process of applying for that aid much more straightforward.
Streamlining the application process for Federal aid will make it
easier for students and their families to determine if they are
eligible for Federal loans. The bill will also create a two-page
``FAFSA-EZ'' form for low-income students and families who qualify for
the ``auto-zero'' family contribution.
And the legislation will not just help students from low-income
families--it will help all students become better informed by requiring
that the Department of Education publicly provide a user-friendly list
of all colleges and universities in the country with information on
tuition and fees, average price after grant aid, recent price
increases, and change in per-student spending.
Textbooks are a growing--and often overlooked--cost of attending
college. Students can spend hundreds of dollars on textbooks every
semester, adding up to thousands of dollars by the time they graduate.
The bill requires college textbook publishers to provide full pricing
information about both bundled textbooks and unbundled alternatives. It
also requires that publishers sell unbundled versions of every bundled
textbook they sell so that students are not forced to purchase unneeded
extras, such as study guides or CDs.
H.R. 4137 reauthorizes two critical programs that help disadvantaged
students thrive in college. GEAR-UP helps prepare low-income elementary
and secondary students to succeed in college and the bill increases the
authorized funding to $400 million for GEAR-UP. It also increases the
authorization level for the TRIO programs--Upward Bound, Talent Search,
and Student Services--to $950 million. The TRIO programs seek to
increase high school completion and college participation and
graduation rates among low-income and first- generation college
students. African-American students make up nearly 50 percent of all
TRIO participants.
The bill recognizes the debt that our country owes to our soldiers
and their families. It creates a new scholarship program for active
duty military personnel and their family members to help make college
more affordable. The bill also establishes support centers to help
veterans succeed in college and graduate.
As co-chair of the House Science, Technology, Engineering, and Math
(STEM) Education caucus, I am pleased that this bill builds upon the
America COMPETES Act to expand and improve STEM education. It creates
programs to bolster students' interest in STEM careers through
collaborations with businesses and other stakeholders, as well as
improves teacher training and development programs and focuses on
recruiting teachers into high demand science and technology fields.
As I mentioned, I am particularly concerned about the impact that the
maintenance-of-effort provision will have on my state of Colorado. This
provision ties Federal funding to state funding. Though I applaud the
effort by Chairman Miller to encourage states to continue to support
higher education, Colorado is in an unusual position because we have
several constitutional provisions that limit the spending options of
our legislature. These include the Tax Payer's Bill of Rights, or
TABOR, and another that requires that the state increase funding for K
through 12 education every year. Together with other constraints, these
provisions have seriously affected the state's ability to fund higher
education--and the maintenance-of-effort provision will not help
matters.
While the manager's amendment improved this provision, I will work to
see that this issue is further addressed in conference.
In conclusion, I encourage all of my colleagues to support H.R. 4137.
Mr. INSLEE. Mr. Chairman, due to unexpected circumstances, I missed
the vote on the College Opportunity and Affordability Act, H.R. 4137,
important legislation to reauthorize and strengthen key Higher
Education Act programs aimed at making college education more
affordable and accessible for American students. Had I been present, I
would have voted in favor of the legislation that will keep America's
economy competitive.
Overall, the College Opportunity and Affordability Act will address
major issues facing our Nation's students from simplifying student aid
forms to addressing rising textbook and tuition costs. The bill will
increase assistance for Veterans and military families and bolster
students' interest in science and technology by partnering with
businesses and other stakeholders.
I commend Chairman Miller and Hinojosa for their diligent work on the
underlying legislation and for their support for my amendment that was
passed to improve key education grants by setting higher environmental
standards for recipients. The amendment ensures that Sustainability
Planning Grants are awarded to projects aiming to reduce greenhouse gas
emissions, guaranteeing that Federal funds make a meaningful impact on
global warming and requires that certain Federal grantees demonstrate
that they meet or exceed American Society of Heating, Refrigerating and
Air-Conditioning Engineers, ASHRAE, energy-efficiency standards when
designing new facilities. Finally, the amendment would add a Sense of
Congress to reject the President's FY2009 budget proposal to eliminate
the important Perkins Loan Program, a critical educational program for
high-need students who will become a modern green workforce.
Additionally, I applaud Representatives Blumenauer and Ehlers for
their work to include provisions to support green higher education
efforts. Many of our Nation's 4,000 colleges and universities are
taking action to reduce greenhouse-gas pollution, which currently
accounts for 7 percent of U.S. carbon emissions. Federal grants should
be available to give a boost to such projects, like the state-of-the-
art, carbon-neutral science laboratory being planned at Cascadia
Community College in my district.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the committee amendment is as follows:
H.R. 4137
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``College
Opportunity and Affordability Act of 2007''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.
TITLE I--TITLE I AMENDMENTS
Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and
Integrity.
``Sec. 114. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial
aid website.
Sec. 108. State commitment to affordable college education.
``Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
``Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
``Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
``Sec. 135. Database of student information prohibited.
Sec. 112. Institution and lender reporting and disclosure requirements.
``Part E--Lender and Institution Requirements Relating to Educational
Loans
``Sec. 151. Definitions.
``Sec. 152. Requirements for lenders and institutions participating in
preferred lender arrangements.
``Sec. 153. Interest rate report for institutions and lenders
participating in preferred lender arrangements.
``Sec. 154. Private educational loan disclosure requirements for
covered institutions.
``Sec. 155. Integrity provisions.
``Sec. 156. Compliance and enforcement.
``Sec. 157. Student loan counseling.
Sec. 113. Feasibility study for national electronic student loan
marketplace.
TITLE II--TITLE II REVISION
Sec. 201. Revision of title II.
``TITLE II--TEACHER QUALITY ENHANCEMENT
``Sec. 200. Definitions.
``Sec. 200A. Rule of Construction.
``Part A--Teacher Quality Partnership Grants
``Sec. 201. Purposes; Definitions.
``Sec. 202. Partnership grants.
``Sec. 203. Administrative provisions.
``Sec. 204. Accountability and evaluation.
``Sec. 205. Accountability for programs that prepare teachers.
``Sec. 206. Teacher development.
``Sec. 207. State functions.
``Sec. 208. General provisions.
``Sec. 209. Authorization of appropriations.
``Part B--Preparing Teachers for Digital Age Learners
``Sec. 221. Program authorized.
[[Page H659]]
``Sec. 222. Uses of Funds.
``Sec. 223. Application requirements.
``Sec. 224. Evaluation.
``Sec. 225. Authorization of appropriations.
``Part C--Enhancing Teacher Education
``Sec. 240. Authorization of appropriations.
``subpart 1--recruiting teachers with math, science, or language majors
``Sec. 241. Program authorized.
``subpart 2--community colleges as partners in teacher education grants
``Sec. 251. Grants to community colleges.
``Sec. 252. Definitions.
``subpart 3--honorable augustus f. hawkins centers of excellence
``Sec. 261. Definitions.
``Sec. 262. Augustus F. Hawkins Centers of excellence.
``subpart 4--teach for america
``Sec. 271. Teach for America.
``subpart 5--early childhood education professional development and
career task force
``Sec. 281. Purpose.
``Sec. 282. Definition of early childhood education program.
``Sec. 283. Grants authorized.
``Sec. 284. State task force establishment.
``Sec. 285. State task force activities.
``Sec. 286. State application and report.
``Sec. 287. Evaluations.
Sec. 202. National Academy of Sciences study of best practices in
teacher preparation.
TITLE III--TITLE III AMENDMENTS
Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled
Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
``Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific
Islander-serving institutions.
``Sec. 319. Asian American and Native American Pacific Islander-serving
institutions.
Sec. 305. Native American-serving, nontribal institutions.
``Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Limitations on Federal insurance for bonds issued by the
designated bonding authority.
Sec. 309. Programs in STEM fields.
``subpart 2--programs in stem fields
``Sec. 355. YES Partnerships grant program.
``Sec. 356. Promotion of entry into STEM fields.
``Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.
TITLE IV--TITLE IV AMENDMENTS
Part A--PART A AMENDMENTS
Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
``Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
``subpart 6--robert c. byrd american competitiveness program
``Sec. 419A. Robert C. Byrd mathematics and science honors scholarship
program.
``Sec. 419B. Mathematics and science incentive program.
``Sec. 419C. Foreign Language Partnerships.
``Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
``Sec. 420P. Program evaluation.
Part B--Federal Family Education Loans
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Consolidation loan disclosure.
Sec. 425. Loan forgiveness for service in areas of national need.
``Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 426. Loan repayment for civil legal assistance attorneys.
``Sec. 428L. Loan repayment for civil legal assistance attorneys.
Sec. 427. Settlement of claims.
Sec. 428. Delinquency prevention, default aversion, and consumer
education information programs.
``Sec. 433A. Delinquency prevention, default aversion, and consumer
education information programs.
Sec. 429. Definition of eligible lender.
Sec. 430. Cohort default rates.
Sec. 431. Disability determinations.
Part C--College Work/Study
Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.
Part D--Federal Direct Student Loans
Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. Direct loan program audit and reporting requirements.
Part E--Perkins Loans
Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.
Part F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.
Part G--General Provisions
Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress; Report.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
students.
Sec. 489. Articulation agreements.
``Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Advisory Committee on Student Financial Assistance.
Sec. 493. Negotiated rulemaking.
Sec. 494. Technical amendment.
Sec. 495. Campus-based digital theft prevention.
``Sec. 494. Campus-based digital theft prevention.
Part H--Program Integrity
Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
``Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--TITLE V AMENDMENTS
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
``Part B--Promoting Postbaccalaureate Opportunities for Hispanic
Americans
``Sec. 511. Purposes.
``Sec. 512. Program authority and eligibility.
``Sec. 513. Authorized activities.
``Sec. 514. Application and duration.
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
``Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
``Part D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
``Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
``Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education
grant program.
``Sec. 644. Science and technology advanced foreign language education
grant program.
Sec. 608. Reporting by Institutions.
``Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
``subpart 4--patsy t. mink fellowship program
``Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Fund for the improvement of postsecondary education.
Sec. 706. Urban-serving research universities.
``Part C--Urban-Serving Research Universities
``Sec. 751. Purpose; program authorized.
``Sec. 752. Application for urban-serving research university grants.
``Sec. 753. Allowable activities.
``Sec. 754. Definitions.
``Sec. 755. Authorization of appropriations.
Sec. 707. Programs to ensure students with disabilities receive a
quality higher education.
``subpart 1--quality higher education
``subpart 2--national technical assistance center; commission on
accessible materials; programs to support improved access to materials
``Sec. 766. National Center.
[[Page H660]]
``Sec. 766A. Establishment of advisory commission on accessible
instructional materials in postsecondary education for
students with disabilities.
``Sec. 766B. Model demonstration programs to support improved access to
postsecondary instructional materials for students with
print disabilities.
``Sec. 766C. Authorization of appropriations.
``subpart 3--transition programs for students with intellectual
disabilities into higher education; coordinating center
``Sec. 767. Purpose.
``Sec. 768. Definitions.
``Sec. 769. Model comprehensive transition and postsecondary programs
for students with intellectual disabilities.
``Sec. 770. Coordinating center for technical assistance, evaluation,
and development of accreditation standards.
``Sec. 770A. Authorization of appropriations.
Sec. 708. Subgrants to nonprofit organizations.
Sec. 709. Nursing education.
``Part F--Nursing Education
``Sec. 776. Additional capacity for R.N. students or graduate-level
nursing students.
``Sec. 777. Nurse Faculty Pilot Project.
Sec. 710. National study on higher education access and success for
students with disabilities.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
``TITLE VIII--ADDITIONAL PROGRAMS
``Sec. 800. Authorization of appropriations.
``Part A--Low Tuition
``Sec. 801. Incentives and rewards for low tuition.
``Part B--Cooperative Education
``Sec. 811. Statement of purpose; definition.
``Sec. 812. Reservations.
``Sec. 813. Grants for cooperative education.
``Sec. 814. Demonstration and innovation projects; training and
resource centers; and research.
``Part C--College Partnership Grants
``Sec. 821. College Partnership Grants Authorized.
``Part D--Student Success Grants
``Sec. 826. Student success grants.
``Part E--Jobs to Careers
``Sec. 831. Grants to create bridges from jobs to careers.
``Part F--Project GRAD
``Sec. 836. Project GRAD.
``Part G--Improving College Enrollment by Secondary Schools
``Sec. 841. Improving college enrollment by secondary schools.
``Part H--Diploma Mill Prevention
``Sec. 851. Purpose; Definitions.
``Sec. 852. Recognized accrediting agencies and institutions.
``Sec. 853. Accrediting agencies.
``Sec. 854. Task Force.
``Sec. 855. Sense of the Congress regarding use by States of the
Federal Plan as guidelines.
``Sec. 856. Unfair and deceptive acts and practices regarding diplomas
and professional certifications.
``Part I--Student Safety and Campus Emergency Management
``Sec. 861. Student safety and campus emergency management.
``Sec. 862. Model emergency response policies, procedures, and
practices.
``Sec. 863. Preparation for future disasters plan by the Secretary.
``Sec. 864. Education disaster and emergency relief loan program.
``Sec. 865. Guidance on mental health disclosures for student safety.
``Part J--Rural Development Grants for Rural Colleges and Universities
``Sec. 871. Purpose.
``Sec. 872. Definitions.
``Sec. 873. Ensuring college access for rural high school graduates.
``Sec. 874. Economic development partnerships.
``Sec. 875. Quality of life in rural areas.
``Sec. 876. Allocation of appropriations.
``Part K--Improving Science, Technology, Engineering, and Mathematics
Education With a Focus on Alaska Native and Native Hawaiian Students
``Sec. 880. Improving science, technology, engineering, and mathematics
education with a focus on Alaska Native and Native
Hawaiian students.
``Part L--National Database on Financial Assistance For Study of
Science, Technology, Engineering, and Mathematics
``Sec. 881. National Database on Financial Assistance For Study of
Science, Technology, Engineering, and Mathematics.
``Part M--Training for Realtime Writers
``Sec. 882. Program to promote training and job placement of realtime
writers.
``Part N--Centers of Excellence for Veteran Student Success
``Sec. 883. Model Programs for Centers of Excellence for Veteran
Student Success.
``Part O--University Sustainability Programs
``subpart 1--sustainability planning grants
``Sec. 884. Grants authorized.
``subpart 2--summit on sustainability
``Sec. 885. Summit on sustainability.
``Part P--Modeling and Simulation Programs
``Sec. 886. Modeling and Simulation.
``Part Q--Business Workforce Partnerships
``Sec. 887. Grants to create business workforce partnerships.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to ``go green''.
Sec. 805. Study of costs of environmental, health, and safety
standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust
Fund.
Sec. 813. GAO Study of education related indebtedness of medical school
graduates.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
Part B--INDIAN EDUCATION
subpart 1--tribal colleges and universities
Sec. 921. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978.
``Sec. 105. Technical assistance contracts.
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``Sec. 501. Definition of tribally controlled postsecondary career and
technical institution.
``Sec. 502. Tribally controlled postsecondary career and technical
institutions program.
``Sec. 503. Applicability of other laws.
``Sec. 504. Authorization of appropriations.
``Sec. 1. Short title.
subpart 2--navajo higher education
Sec. 931. Reauthorization of Navajo Community College Act.
Part C--Higher Education Amendments of 1998; Higher Education
Amendments of 1992
Sec. 941. Grants for training for incarcerated individuals.
``Part D--Grants for Training for Incarcerated Individuals
``Sec. 821. Grants for improved workplace and community transition
training for incarcerated individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and
Foreign Language Education.
``Sec. 207A. Office of international and foreign language education.
Part D--Justice Department Programs
Sec. 951. Loan repayment for prosecutors and defenders.
``Part JJ--Loan Repayment for Prosecutors and Public Defenders
``Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
Part E--Stevenson-Wydler Technology Innovation Act of 1980
Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. Effective dates.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
Sec. 1011. Amendment to the Truth in Lending Act.
`` 140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.
Sec. 1012. Civil liability.
[[Page H661]]
Subtitle B--Improved Disclosures for Private Educational Loans
Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private
educational loans.
Subtitle C--Financial Literacy
Sec. 1031. Coordinated education efforts.
Subtitle D--Study and Report on Nonindividual Information
Sec. 1041. Study and report on nonindividual information.
Subtitle E--Incentives For Low-Cost Educational Loans
Sec. 1051. CRA credit for low-cost educational loans.
SEC. 2. REFERENCES; EFFECTIVE DATE.
(a) References.--Except as otherwise expressly provided
therein, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Effective Date.--Except as otherwise provided in this
Act or the amendments made by this Act, the amendments made
by this Act shall be effective on the date of enactment of
this Act.
TITLE I--TITLE I AMENDMENTS
SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.
(a) Degree Programs.--Section 101 (20 U.S.C. 1001) is
amended--
(1) in subsection (a)(3), by inserting ``, or awards a
degree that is acceptable for admission to a graduate or
professional degree program, subject to review and approval
by the Secretary'' after ``such a degree''; and
(2) by striking subsection (b)(2) and inserting the
following:
``(2) a public or nonprofit private educational institution
in any State that, in lieu of the requirement in subsection
(a)(1), admits as regular students persons--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''.
(b) International Medical Schools.--Section 102(a)(2)(A)
(20 U.S.C. 1002(a)(2)(A)) is amended--
(1) in the first sentence, by inserting ``nursing school,''
after ``graduate medical school,'';
(2) in clause (i)--
(A) by striking ``or'' at the end of subclause (I); and
(B) by striking subclause (II) and inserting the following
new subclauses:
``(II) the institution has or had a clinical training
program that was approved by a State as of January 1, 1992,
and continues to operate a clinical training program in at
least one State, which is approved by that State; or
``(III) the institution--
``(aa) has a clinical training program that was approved by
a State before January 1, 2008;
``(bb) certifies only unsubsidized Stafford or PLUS loans
under part B of title IV to graduate and professional
students attending the institution; and
``(cc) agrees to reimburse the Secretary for the cost of
any loan defaults for students included in the institution's
cohort default rate during the previous fiscal year; or'';
and
(3) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(4) by adding at the end the following new clause:
``(iii) in the case of a nursing school located outside of
the United States, the institution--
``(I) has agreements with hospitals and eligible nursing
schools located in the United States that include provisions
for students to complete their clinical training at such
hospitals and eligible nursing schools;
``(II) certifies only unsubsidized Stafford and PLUS loans
under part B of title IV for students attending the
institution; and
``(III) agrees to reimburse the Secretary for the cost of
any loan defaults to the extent that the institution's cohort
default rate exceeds 5 percent.''.
(c) Conforming Amendment Concerning 90/10 Enforcement.--
Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) by adding ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``; and'' and inserting a period in
subparagraph (E); and
(3) by striking subparagraph (F).
(d) Additional Institutions.--Section 102 (20 U.S.C. 1002)
is further amended--
(1) by striking subsection (b)(2) and inserting the
following:
``(2) Additional institutions.--The term `proprietary
institution of higher education' also includes a proprietary
educational institution in any State that, in lieu of the
requirement in section 101(a)(1), admits as regular students
individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''; and
(2) by striking subsection (c)(2) and inserting the
following:
``(2) Additional institutions.--The term `postsecondary
vocational institution' also includes an educational
institution in any State that, in lieu of the requirement in
section 101(a)(1), admits as regular students individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''.
SEC. 102. ADDITIONAL DEFINITIONS.
(a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
(1) by adding at the end the following new paragraphs:
``(17) Authorizing committees.--The term `authorizing
committees' means the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives.
``(18) Critical foreign language.--Except as otherwise
provided, the term `critical foreign language' means each of
the languages contained in the list of critical languages
designated by the Secretary in the Federal Register on August
2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the
authority of section 212(d) of the Education for Economic
Security Act (repealed by section 2303 of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988)), except that in the
implementation of this definition with respect to a specific
title, the Secretary may set priorities according to the
purposes of such title and the national security, economic
competitiveness, and educational needs of the United States.
``(19) Distance education.--
``(A) In general.--Except as otherwise provided, the term
`distance education' means education that uses 1 or more of
the technologies described in subparagraph (B)--
``(i) to deliver instruction to students who are separated
from the instructor; and
``(ii) to support regular and substantive interaction
between the students and the instructor, synchronously or
asynchronously.
``(B) Inclusions.--For the purposes of subparagraph (A),
the technologies used may include--
``(i) the Internet;
``(ii) one-way and two-way transmissions through open
broadcast, closed circuit, cable, microwave, broadband lines,
fiber optics, satellite, or wireless communications devices;
``(iii) audio conferencing; or
``(iv) video cassette, DVDs, and CD-ROMs, if the cassette,
DVDs, and CD-ROMs are used in a course in conjunction with
the technologies listed in clauses (i) through (iii).
``(20) High-need school.--Except with respect to title II,
the term `high-need school' means a public or nonprofit
private elementary or secondary school which is in a local
educational agency which is eligible for assistance pursuant
to title I of the Elementary and Secondary Education Act of
1965 in the applicable fiscal year, and which for the purpose
of this paragraph and for that year was determined by the
Secretary (pursuant to regulations and after consultation
with the State educational agency of the State in which the
school is located) to be a school in which the enrollment of
children counted under section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 exceeds 30 percent of the
total enrollment of that school.
``(21) Limited english proficient.--The term `limited
English proficient' has the meaning given such term in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(22) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
possible range of functional capabilities, which include
products and services that are directly accessible (without
requiring assistive technologies) and products and services
that are interoperable with assistive technologies.
``(23) Universal design for learning.--The term `universal
design for learning' means a research-based framework for
designing curriculum (including goals, methods, materials,
and assessments) that--
``(A) provides curricular flexibility in the ways
information is presented, in the ways students respond or
demonstrate knowledge, and in the ways students are engaged;
and
``(B) reduces barriers in instruction and assessment,
provides appropriate supports and challenges, and maintains
high achievement standards for all students, including
students with disabilities.''; and
(2) by reordering paragraphs (1) through (16) and the
paragraphs added by paragraph (1) of this subsection in
alphabetical order based on the headings of such paragraphs,
and renumbering such paragraphs as so reordered.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees'';
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
striking ``to the Committee on Appropriations'' and all that
follows through ``House of Representatives'' and inserting
``to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and the authorizing committees'';
(4) in section 428 (20 U.S.C. 1078)--
(A) in subsection (c)(9)(K), by striking ``House Committee
on Education and the Workforce and the Senate Committee on
Labor and Human Resources'' and inserting ``authorizing
committees'';
(B) in the matter following paragraph (2) of subsection
(g), by striking ``Committee on Labor
[[Page H662]]
and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives''
and inserting ``authorizing committees''; and
(C) in subsection (n)(4), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(5) in section 428A(c) (20 U.S.C. 1078-1(c))--
(A) in the matter preceding subparagraph (A) of paragraph
(2), by striking ``Chairperson'' and all that follows through
``House of Representatives'' and inserting ``members of the
authorizing committees'';
(B) in paragraph (3), by striking ``Chairperson'' and all
that follows through ``House of Representatives'' and
inserting ``members of the authorizing committees''; and
(C) in paragraph (5), by striking ``Chairperson'' and all
that follows through ``House of Representatives'' and
inserting ``members of the authorizing committees'';
(6) in section 432 (20 U.S.C. 1082)--
(A) in subsection (f)(1)(C), by striking ``the Committee on
Education and the Workforce of the House of Representatives
or the Committee on Labor and Human Resources of the Senate''
and inserting ``either of the authorizing committees''; and
(B) in the matter following subparagraph (D) of subsection
(n)(3), by striking ``Committee on Education and the
Workforce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate'' and inserting
``authorizing committees'';
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(8) in section 439 (20 U.S.C. 1087-2)--
(A) in subsection (d)(1)(E)(iii), by striking ``advise the
Chairman'' and all that follows through ``House of
Representatives'' and inserting ``advise the members of the
authorizing committees'';
(B) in subsection (r)--
(i) in paragraph (3), by striking ``inform the Chairman''
and all that follows through ``House of Representatives,''
and inserting ``inform the members of the authorizing
committees'';
(ii) in paragraph (5)(B), by striking ``plan, to the
Chairman'' and all that follows through ``Education and
Labor'' and inserting ``plan, to the members of the
authorizing committees'';
(iii) in paragraph (6)(B)--
(I) by striking ``plan, to the Chairman'' and all that
follows through ``House of Representatives'' and inserting
``plan, to the members of the authorizing committees''; and
(II) by striking ``Chairmen and ranking minority members of
such Committees'' and inserting ``members of the authorizing
committees'';
(iv) in paragraph (8)(C), by striking ``implemented to the
Chairman'' and all that follows through ``House of
Representatives, and'' and inserting ``implemented to the
members of the authorizing committees, and to''; and
(v) in the matter preceding subparagraph (A) of paragraph
(10), by striking ``days to the Chairman'' and all that
follows through ``Education and Labor'' and inserting ``days
to the members of the authorizing committees''; and
(C) in subsection (s)(2)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``Treasury and to the Chairman'' and all that
follows through ``House of Representatives'' and inserting
``Treasury and to the members of the authorizing
committees''; and
(ii) in subparagraph (B), by striking ``Treasury and to the
Chairman'' and all that follows through ``House of
Representatives'' and inserting ``Treasury and to the members
of the authorizing committees'';
(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees'';
(10) in section 482(d) (20 U.S.C. 1089(d)), by striking
``Committee on Labor and Human Resources of the Senate and
the Committee on Education and Labor of the House of
Representatives'' and inserting ``authorizing committees'';
(11) in section 483(c) (20 U.S.C. 1090(c)), by striking
``Committee on Labor and Human Resources of the Senate and
the Committee on Education and the Workforce of the House of
Representatives'' and inserting ``authorizing committees'';
(12) in section 485 (20 U.S.C. 1092)--
(A) in subsection (f)(5)(A), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees''; and
(B) in subsection (g)(4)(B), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(13) in section 486 (20 U.S.C. 1093)--
(A) in subsection (e), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''; and
(B) in subsection (f)(3)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees''; and
(ii) in the matter preceding clause (i) of subparagraph
(B), by striking ``Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce
of the House of Representatives'' and inserting ``authorizing
committees'';
(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees''; and
(15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
(A) in paragraph (1), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''; and
(B) in paragraph (2), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''.
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT
ASSISTANCE.
Section 113 (20 U.S.C. 1011b) is amended--
(1) by striking ``TREATMENT OF TERRITORIES AND TERRITORIAL
STUDENT ASSISTANCE'' in the heading of such section and
inserting ``TERRITORIAL WAIVER AUTHORITY''; and
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
QUALITY AND INTEGRITY.
(a) Amendment.--Section 114 (20 U.S.C. 1011c) is amended to
read as follows:
``SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
QUALITY AND INTEGRITY.
``(a) Establishment.--There is established in the
Department a National Advisory Committee on Institutional
Quality and Integrity (in this section referred to as the
`Committee') to assess the process of accreditation and the
institutional eligibility and certification of such
institutions under title IV.
``(b) Membership.--
``(1) In general.--The Committee shall have 18 members, of
which--
``(A) 6 members shall be appointed by the Secretary;
``(B) 6 members shall be appointed by the Speaker of the
House of Representatives, 3 members on the recommendation of
the majority leader of the House of Representatives, and 3
members on the recommendation of the minority leader of the
House of Representatives; and
``(C) 6 members shall be appointed by the President pro
tempore of the Senate, 3 members on the recommendation of the
majority leader of the Senate, and 3 members on the
recommendation of the minority leader of the Senate.
``(2) Qualifications.--Individuals shall be appointed as
members of the Committee--
``(A) on the basis of the individuals' experience,
integrity, impartiality, and good judgment;
``(B) from among individuals who are representatives of, or
knowledgeable concerning, education and training beyond
secondary education, representing all sectors and types of
institutions of higher education (as defined in section 102);
and
``(C) on the basis of the individuals' technical
qualifications, professional standing, and demonstrated
knowledge in the fields of accreditation and administration
in higher education.
``(3) Terms of members.--Except as provided in paragraph
(5), the term of office of each member of the Committee shall
be for 6 years, except that any member appointed to fill a
vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall be
appointed for the remainder of such term.
``(4) Vacancy.--A vacancy on the Committee shall be filled
in the same manner as the original appointment was made not
later than 90 days after the vacancy occurs. If a vacancy
occurs in a position to be filled by the Secretary, the
Secretary shall publish a Federal Register notice soliciting
nominations for the position not later than 30 days after
being notified of the vacancy.
``(5) Initial terms.--The terms of office for the initial
members of the Committee shall be--
``(A) 3 years for members appointed under paragraph (1)(A);
``(B) 4 years for members appointed under paragraph (1)(B);
and
``(C) 6 years for members appointed under paragraph (1)(C).
``(6) Chairperson.--The members of the Committee shall
select a chairperson from among the members.
``(c) Functions.--The Committee shall--
``(1) advise the Secretary with respect to establishment
and enforcement of the standards of accrediting agencies or
associations under subpart 2 of part H of title IV;
``(2) advise the Secretary with respect to the recognition
of a specific accrediting agency or association;
``(3) advise the Secretary with respect to the preparation
and publication of the list of nationally recognized
accrediting agencies and associations;
``(4) advise the Secretary with respect to the eligibility
and certification process for institutions of higher
education under title IV, together with recommendations for
improvements in such process;
``(5) advise the Secretary with respect to the relationship
between--
``(A) accreditation of institutions of higher education and
the certification and eligibility of such institutions; and
``(B) State licensing responsibilities with respect to such
institutions;
``(6) take into consideration the complaints, and the
resolution of such complaints, received by the ombudsman
described in section 497 when advising the Secretary with
respect to the recognition of a specific accrediting agency
or association; and
[[Page H663]]
``(7) carry out such other advisory functions relating to
accreditation and institutional eligibility as the Secretary
may prescribe by regulation.
``(d) Meeting Procedures.--
``(1) Schedule.--
``(A) Biannual meetings.--The Committee shall meet not less
often than twice each year, at the call of the Chairperson.
``(B) Publication of date.--The Committee shall submit the
date and location of each meeting in advance to the
Secretary, and the Secretary shall publish such information
in the Federal Register not later than 30 days before the
meeting.
``(2) Agenda.--
``(A) Establishment.--The agenda for a meeting of the
Committee shall be established by the Chairperson and shall
be submitted to the members of the Committee upon
notification of the meeting.
``(B) Opportunity for public comment.--The agenda shall
include, at a minimum, opportunity for public comment during
the Committee's deliberations.
``(3) Federal advisory committee act.--The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Committee, except that section 14 of such Act
shall not apply.
``(e) Limitation.--The Committee shall not recommend denial
of an application related to the recognition of an
accrediting agency or association for any reason other than a
reason set forth in section 496.
``(f) Report and Notice.--
``(1) Notice.--The Secretary shall annually publish in the
Federal Register--
``(A) a list containing, for each member of the Committee--
``(i) the member's name;
``(ii) the date of the expiration of the member's term of
office; and
``(iii) the individual described in subsection (b)(1) who
appointed the member; and
``(B) a solicitation of nominations for each expiring term
of office on the Committee of a member appointed by the
Secretary.
``(2) Report.--Not later than September 30 of each year,
the Committee shall make an annual report to the Secretary,
the authorizing committees, and the public. The annual report
shall contain--
``(A) a detailed summary of the agenda and activities of,
and the findings and recommendations made by, the Committee
during the preceding fiscal year;
``(B) a list of the date and location of each meeting
during the preceding fiscal year;
``(C) a list of the members of the Committee and
appropriate contact information; and
``(D) a list of the functions of the Committee, including
any additional functions established by the Secretary through
regulation.
``(g) Termination.--The Committee shall terminate on
September 30, 2012.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective January 1, 2009.
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.
Section 120 (20 U.S.C. 1011i) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (B) as subparagraph (D);
and
(C) by inserting after subparagraph (A) (as amended by
subparagraph (A) of this paragraph) the following:
``(B) determine the number of drug and alcohol-related
incidents and fatalities that--
``(i) occur on the institution's property or as part of any
of the institution's activities; and
``(ii) are reported to the institution;
``(C) determine the number and type of sanctions described
in paragraph (1)(E) that are imposed by the institution as a
result of drug and alcohol-related incidents and fatalities
on the institution's property or as part of any of the
institution's activities; and'';
(2) in subsection (e)(5), by striking ``1999'' and
inserting ``2009''; and
(3) by striking subsection (f).
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended--
(1) in paragraph (1), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''; and
(2) in paragraph (2), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''.
SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT
FINANCIAL AID WEBSITE.
Section 131 (20 U.S.C. 1015) is amended by striking
subsection (d) and inserting the following:
``(d) Promotion of the Department of Education Federal
Student Financial Aid Website.--The Secretary--
``(1) shall display a link to the Federal student financial
aid website of the Department of Education in a prominent
place on the homepage of the Department of Education website;
and
``(2) may use administrative funds available for the
Department's operations and expenses for the purpose of
advertising and promoting the availability of the Federal
student financial aid website.
``(e) Promotion of Availability of Information Concerning
Student Financial Aid Programs of Other Departments and
Agencies.--
``(1) Availability of information.--The Secretary shall
ensure that the eligibility requirements, application
procedures, financial terms and conditions, and other
relevant information for each non-departmental student
financial assistance program are easily accessible through
the Federal student financial aid website and are
incorporated into the search matrix on such website in a
manner that permits students and parents to readily identify
the programs that are appropriate to their needs and
eligibility.
``(2) Agency response.--Each Federal department and agency
shall promptly respond to surveys or other requests for the
information required by paragraph (1), and shall identify for
the Secretary any non-departmental student financial
assistance program operated, sponsored, or supported by such
Federal department or agency.
``(3) Definition.--For purposes of this subsection, the
term `non-departmental student financial assistance program'
means any grant, loan, scholarship, fellowship, or other form
of financial aid for students pursuing a postsecondary
education that is--
``(A) distributed directly to the student or to the
student's account at on institution of higher education; and
``(B) operated, sponsored, or supported by a Federal
department or agency other than the Department of
Education.''.
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is amended by adding at
the end the following new section:
``SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
``(a) Maintenance of Effort Required.--A State shall
provide for public institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is--
``(1) equal to or greater than the average amount provided
by such State to such institutions of higher education during
the 5 most recent preceding academic years for which
satisfactory data are available; or
``(2) equal to or greater than the amount provided by such
State to such institutions of higher education during the
preceding academic year.
``(b) Waiver.--The Secretary shall waive the requirements
of subsection (a), if the Secretary determines that such a
waiver would be equitable due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous decline in the financial resources of a State or
State educational agency, as appropriate.
``(c) Violation of Maintenance of Effort.--Notwithstanding
any other provision of law, the Secretary shall withhold from
any State that violates subsection (a) and does not receive a
waiver pursuant to subsection (b) any amount that would
otherwise be available to the State under section 415E until
such State has made significant efforts to correct such
violation.
``(d) Research Into Cost Containment Methods.--The
Secretary is authorized--
``(1) to identify methods of cost containment currently
utilized by institutions of higher education and systems of
such institutions, and research into other possible methods
of cost containment;
``(2) to disseminate--
``(A) the information obtained by such research to such
institutions and systems; and
``(B) other information concerning research that has
identified successful methods of cost containment;
``(3) to publicly recognize institutions of higher
education that are doing an effective job at cost
containment; and
``(4) to work together with such institutions and systems
to implement these methods.''.
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 132 (as added by section 108 of this
Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) Net Price.--In this section, the term `net price'
means the average yearly tuition and fees paid by a full-time
undergraduate student at an institution of higher education,
after discounts and grants from the institution, the Federal
Government, or a State have been applied to the full price of
tuition and fees at the institution.
``(b) Higher Education Price Index.--
``(1) In general.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Bureau of Labor Statistics, in consultation with
the Commissioner of Education Statistics and representatives
of institutions of higher education, shall develop higher
education price indices that accurately reflect the annual
change in tuition and fees for undergraduate students in the
categories of institutions listed in paragraph (2). Such
indices shall be updated annually. Prior to the completion of
the higher education price index, the Secretary is authorized
to use an alternative, comparable index.
``(2) Development.--The higher education price indices
under paragraph (1) shall be developed for each of the
following categories:
``(A) 4-year public institutions of higher education.
``(B) 4-year private, nonprofit institutions of higher
education.
``(C) 4-year private, for-profit institutions of higher
education.
``(D) 2-year public institutions of higher education.
``(E) 2-year private, nonprofit institutions of higher
education.
``(F) 2-year private, for-profit institutions of higher
education.
``(G) Less than 2-year public institutions of higher
education.
``(H) Less than 2-year private, nonprofit institutions of
higher education.
[[Page H664]]
``(I) Less than 2-year private, for-profit institutions of
higher education.
``(J) All types of institutions described in subparagraphs
(A) through (I).
``(c) Reporting.--
``(1) In general.--The Secretary shall make publicly
available on an annual basis, in a sortable electronic format
on the College Navigator website, a national list ranking
institutions of higher education according to the percentage
change and dollar change in such institutions' tuition and
fees over the preceding 3 years. Such list shall be capable
of being sorted by State, by category as determined under
paragraph (2), by percentage change, and by dollar change.
The purpose of such list is to provide consumers with general
information on pricing trends among institutions of higher
education nationally and in each State.
``(2) Categories.--The categories to be used for the list
described in paragraph (1) are the categories listed in
subparagraphs (A) through (I) of subsection (b)(2).
``(3) Higher education price increase watch lists.--
Effective July 1, 2008, the Secretary shall annually update
and make publicly available on the College Navigator website,
the national list developed under paragraph (1), and the list
for each State, ranking each institution of higher education
whose tuition and fees outpace such institution's applicable
higher education price index described in subsection (b).
Such lists shall--
``(A) be known as the Higher Education Price Increase Watch
Lists;
``(B) report the full price of tuition and fees at the
institution and the net price;
``(C) include data cells for common expenditures for
institutions to utilize;
``(D) where applicable, report the average price of room
and board for students living on campus at the institution,
except that such price shall not be used in determining
whether an institution's cost outpaces such institution's
applicable higher education price index; and
``(E) be compiled by the Secretary in a public document to
be widely published and disseminated.
``(4) Quality efficiency task forces.--
``(A) Required.--Each institution subject to paragraph (3)
shall establish a quality-efficiency task force to review the
operations of such institution.
``(B) Functions.--Such task force shall analyze
institutional operating costs in comparison with such costs
at other institutions within the same category of
institutions. Such analysis shall identify areas where, in
comparison with other institutions in such class, the
institution operates more expensively to produce a similar
result. Any identified areas shall then be targeted for in-
depth analysis for cost reduction opportunities.
``(C) Report.--The results of the analysis by a quality-
efficiency task force under this paragraph shall be made
available to the public on the College Navigator website.
``(5) Exemptions.--Notwithstanding paragraph (3), an
institution shall not be placed on the higher education watch
list if, for any 3-year interval for the computed price under
paragraph (1)--
``(A) with respect to the category of institutions
described in paragraph (2) to which the institution belongs,
the computed price of the institution is in the lowest
quartile of institutions within such class, as determined by
the Secretary, during the last year of such 3-year interval;
or
``(B) the institution has a percentage change in its full
price computed under paragraph (3) that exceeds the higher
education price index, or exceeds the applicable higher
education price index over the same time period, but the
dollar amount of the full price increase is less than $500,
or the full price increase is an average of the higher
education price index plus $500 per year.
``(6) State higher education appropriations chart.--The
Secretary shall annually report on the Department's website,
in charts for each State--
``(A) a comparison of the percentage change in State
appropriations per enrolled student in a public institution
of higher education in the State to the percentage change in
tuition and fees for each public institution of higher
education in the State for each of the previous 5 years; and
``(B) the total amount of need-based and merit-based aid
provided by the State to students enrolled in an institution
of higher education in the State.
``(d) Net Price Calculator.--
``(1) Development.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with institutions
of higher education, develop and make several model net price
calculators to help students, families, and consumers
determine the net price of an institution of higher
education, which institutions of higher education may, at
their discretion, elect to use pursuant to paragraph (3).
``(2) Categories.--The model net price calculators
described in paragraph (1) shall be developed for each of the
categories listed in subparagraphs (A) through (I) of
subsection (b)(2).
``(3) Use of net price calculator by institutions.--Not
later than 3 years after the date of enactment of the College
Opportunity and Affordability Act of 2007, each institution
of higher education that receives Federal funds under this
Act shall adopt and use a net price calculator to help
students, families, and other consumers determine the net
price of such institution of higher education. Such
calculator may be--
``(A) based on a model calculator developed by the
Department; or
``(B) developed by the institution of higher education.
``(e) Net Price Reporting in Application Information.--An
institution of higher education that receives Federal funds
under this Act shall include, in the materials accompanying
an application for admission to the institution, the most
recent information regarding the net price of the
institution, calculated for each quartile of students based
on the income of either the students' parents or, in the case
of independent students (as such term is described in section
480), of the students, for each of the 2 academic years
preceding the academic year for which the application is
produced.
``(f) Enhanced College Navigator.--
``(1) University and college accountability network.--Not
later than 1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the Secretary
shall develop a model format for annually publicly displaying
basic information about an institution of higher education
that chooses to participate, to be posted on the College
Navigator and made available to institutions of higher
education, students, families, and other consumers. Such
document shall be known as the University and College
Accountability Network (U-CAN), and shall include, the
following information about the institution of higher
education for the most recent academic year for which the
institution has available data, presented in a consumer-
friendly manner:
``(A) A statement of the institution's mission and
specialties.
``(B) The total number of undergraduate students who
applied, were admitted, and enrolled at the institution.
``(C) Where applicable, reading, writing, mathematics, and
combined scores on the SAT or ACT for the middle 50 percent
range of the institution's freshman class.
``(D) Enrollment of full-time, part-time, and transfer
students at the institution, at the undergraduate and (where
applicable) graduate levels.
``(E) Percentage of male and female undergraduate students
enrolled at the institution.
``(F) Percentage of enrolled undergraduate students from
the State in which the institution is located, from other
States, and from other countries.
``(G) Percentage of enrolled undergraduate students at the
institution by race and ethnic background.
``(H) Retention rates for full-time and part-time first-
time, first-year undergraduate students enrolled at the
institution.
``(I) Average time to degree or certificate completion for
first-time, first-year undergraduate students enrolled at the
institution.
``(J) Percentage of enrolled undergraduate students who
graduate within 2 years (in the case of 2-year institutions),
and 4, 5, and 6 years (in the case of 2-year and 4-year
institutions).
``(K) Number of students who obtained a certificate or an
associate's, bachelor's, master's, or doctoral degree at the
institution.
``(L) Undergraduate major areas of study with the highest
number of degrees awarded.
``(M) The student-faculty ratio, and number of full-time,
part-time, and adjunct faculty, and graduate teaching and
research assistants with instructional responsibilities, at
the institution.
``(N) Percentage of faculty at the institution with the
highest degree in their field.
``(O) Percentage change in total price in tuition and fees
and the net price for an undergraduate at the institution in
each of the preceding 3 academic years.
``(P) Total average yearly cost of tuition and fees, room
and board, and books and other related costs for an
undergraduate student enrolled at the institution, for--
``(i) full-time undergraduate students living on campus;
``(ii) full-time undergraduate students living off campus;
and
``(iii) in the case of students attending a public
institution of higher education, such costs for in-State and
out-of-State students living on and off campus.
``(Q) Average yearly grant amount (including Federal,
State, and institutional aid) for a student enrolled at the
institution.
``(R) Average yearly amount of Federal student loans, and
other loans provided through the institution, to
undergraduate students enrolled at the institution.
``(S) Total yearly grant aid available to undergraduate
students enrolled at the institution, from the Federal
Government, a State, the institution, and other sources.
``(T) Percentage of undergraduate students enrolled at the
institution receiving Federal, State, and institutional
grants, student loans, and any other type of student
financial assistance provided publicly or through the
institution, such as Federal work-study funds.
``(U) Number of students receiving Federal Pell Grants at
the institution.
``(V) Average net price for all undergraduate students
enrolled at the institution.
``(W) Percentage of first-year undergraduate students
enrolled at the institution who live on campus and off
campus.
``(X) Information on the policies of the institution
related to transfer of credit from other institutions.
``(Y) Information on campus safety required to be collected
under section 485(f).
``(Z) Links to the appropriate sections of the
institution's website that provide information on student
activities offered by the institution, such as
intercollegiate sports, student organizations, study abroad
opportunities, intramural and club sports, specialized
housing options, community service opportunities, cultural
and arts opportunities on campus, religious and spiritual
life on campus, and lectures and outside learning
opportunities.
``(AA) Links to the appropriate sections of the
institution's website that provide information on services
offered by the institution to students
[[Page H665]]
during and after college, such as internship opportunities,
career and placement services, and preparation for further
education.
``(2) Consultation.--The Secretary shall ensure that
current and prospective college students, family members of
such students, and institutions of higher education are
consulted in carrying out paragraph (1).
``(g) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a regular
cycle and State-by-State basis, but not less than once every
4 years--
``(A) to identify the population of students receiving
Federal student aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of federally aided students;
``(C) to describe the combinations of aid from State,
Federal, and private sources received by students from all
income groups;
``(D) to describe the debt burden of educational loan
recipients and their capacity to repay their education debts,
and the impact of such debt burden on career choices;
``(E) to describe the role played by the price of
postsecondary education in the determination by students of
what institution to attend; and
``(F) to describe how the increased costs of textbooks and
other instructional materials affects the costs of
postsecondary education to students.
``(2) Survey design.--The survey shall be representative of
full-time and part-time, undergraduate, graduate,
professional, and current and former students in all types of
institutions, and designed and administered in consultation
with the Congress and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting from
the survey in both printed and electronic form.
``(h) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.''.
SEC. 110. TEXTBOOK INFORMATION.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 133 (as added by section 109 of this
Act) the following new section:
``SEC. 134. TEXTBOOK INFORMATION.
``(a) Purpose and Intent.--The purpose of this section is
to ensure that every student in higher education is offered
better and more timely access to affordable course materials
by educating and informing faculty, students, administrators,
institutions of higher education, bookstores, distributors,
and publishers on all aspects of the selection, purchase,
sale, and use of course materials. It is the intent of this
section--
``(1) to have all involved parties work together to
identify ways to decrease the cost of college textbooks and
supplemental materials for students while protecting the
academic freedom of faculty members to select high quality
course materials for students; and
``(2) to encourage--
``(A) college textbook publishers and distributors to work
with faculty to promote understanding of the cost to students
of purchasing faculty selected textbooks, including the
disclosure of prices and bundling practices;
``(B) college bookstores to work with faculty to review
timelines and processes for ordering and stocking course
materials, and to disclose costs to faculty and students in a
timely manner;
``(C) institutions of higher education to implement
numerous options to address college textbook affordability;
``(D) institutions of higher education to work with student
organizations to help students understand the factors driving
textbook costs and available methods and resources to
mitigate the effects of those costs; and
``(E) innovation in the development and use of course
materials (including course materials utilizing the
principles of universal design) and technologies that can
help students receive the full value of their educational
investment.
``(b) Definitions.--In this section:
``(1) Bundle.--The term `bundle' means one or more college
textbooks or other supplemental learning materials that may
be packaged together to be sold as course materials for one
price.
``(2) College textbook.--The term `college textbook' means
a textbook or a set of textbooks, used for, or in conjunction
with, a course in postsecondary education at an institution
of higher education.
``(3) Course schedule.--The term `course schedule' means a
listing of the courses or classes offered by an institution
of higher education for an academic period, as defined by the
institution.
``(4) Custom textbook.--The term `custom textbook'--
``(A) means a college textbook that is compiled at the
direction of a faculty member or other person or adopting
entity in charge of selecting course materials at an
institution of higher education; and
``(B) may include, alone or in combination, items such as
selections from original instructor materials, previously
copyrighted publisher materials, copyrighted third-party
works, and elements unique to a specific institution, such as
commemorative editions.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102.
``(6) Integrated textbook.--The term `integrated textbook'
means a college textbook that is combined with materials
developed by a third party and that, by third-party
contractual agreement, may not be offered by publishers
separately from the college textbook with which the materials
are combined.
``(7) Publisher.--The term `publisher' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
``(8) Substantial content.--The term `substantial content'
means parts of a college textbook, such as new chapters,
additional eras of time, new themes, or new subject matter.
``(9) Supplemental material.--The term `supplemental
material' means educational material developed to accompany a
college textbook, which--
``(A) may include printed materials, computer disks,
website access, and electronically distributed materials; and
``(B) is not bound by third-party contractual agreements to
be sold in an integrated textbook.
``(c) Publisher Requirements.--
``(1) College textbook pricing information.--When a
publisher provides a faculty member or other person or
adopting entity in charge of selecting course materials at an
institution of higher education with information regarding a
college textbook or supplemental material, the publisher
shall include, with any such information and in writing, the
following:
``(A) The price at which the publisher would make the
college textbook or supplemental material available to the
bookstore on the campus of, or otherwise associated with,
such institution of higher education.
``(B) The copyright dates of all previous editions of such
college textbook, if any.
``(C) The substantial content revisions made between the
current edition of the college textbook or supplemental
material and the previous edition, if any.
``(D) Whether the college textbook or supplemental material
is available in any other format, including paperback and
unbound, and the price at which the publisher would make the
college textbook or supplemental material in the other format
available to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
``(2) Unbundling of college textbooks from supplemental
materials.--A publisher that sells a college textbook and any
supplemental material accompanying such college textbook as a
single bundle shall also make available the college textbook
and each supplemental material as separate and unbundled
items, each separately priced.
``(3) Custom textbooks.--To the maximum extent practicable,
publishers shall provide the information required under this
subsection with respect to the development and provision of
custom textbooks.
``(d) Provision of ISBN College Textbook Information in
Course Schedules.--
``(1) Internet course schedules.--Each institution of
higher education, to the maximum extent practicable, shall--
``(A) disclose the International Standard Book Number and
retail price information of required and recommended
textbooks, related materials, and supplies for each course
listed in the institution's course schedule used for pre-
registration and registration purposes;
``(B) if the International Standard Book Number is not
available for the items listed in subparagraph (A), use the
author, title, publisher, and copyright date; and
``(C) if the institution determines that the disclosure of
the information described in the preceding subparagraphs for
a course is not practicable for a textbook, related material,
or supply, then it should so indicate by placing the
designation `To Be Determined' in lieu of the information
required under such subparagraphs.
``(2) Written course schedules.--In the case of an
institution of higher education that does not publish the
institution's course schedule for the subsequent academic
period on the Internet, the institution of higher education
shall include the information required under paragraph (1) in
any printed version of the institution's course schedule as
it is available at the time of the course schedule's
printing.
``(e) Availability of Information for College Bookstores.--
An institution of higher education shall make available, as
soon as is practicable, upon the request of any college
bookstore, the most accurate information available
regarding--
``(1) the institution's course schedule for the subsequent
academic period; and
``(2) for each course or class offered by the institution
for the subsequent academic period--
``(A) the information required by subsection (d)(1) for
each college textbook or supplemental material required or
recommended for such course or class;
``(B) the number of students enrolled in such course or
class; and
``(C) the maximum student enrollment for such course or
class.
``(f) Rule of Construction.--Nothing in this section shall
be construed to supercede the institutional autonomy or
academic freedom of instructors involved in the selection of
college textbooks and classroom materials.
``(g) Effective Date.--This section shall be effective on
and after July 1, 2008.''.
SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 134 (as added by section 110 of this
Act) the following new section:
``SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in subsection (b),
nothing in this Act shall be construed to authorize the
Secretary to develop, implement, or maintain a Federal
database of personally identifiable information on
individuals receiving assistance under this Act, attending
institutions receiving assistance under this Act, or
otherwise involved in any studies or other collections of
data under this Act, including a student unit record system,
an education bar
[[Page H666]]
code system, or any other system that tracks individual
students over time.
``(b) Exception.--The provisions of subsection (a) shall
not apply to a system (or a successor system) that is
necessary for the operation of programs authorized by title
II, IV, or VII, or data required to be collected by the
Secretary under this Act (including section 133(g)), that
were in use by the Secretary, directly or through a
contractor, as of the day before the date of enactment of the
College Opportunity and Affordability Act of 2007.
``(c) State Databases.--Nothing in this Act shall prohibit
a State or a consortium of States from developing,
implementing, or maintaining State-developed databases that
track individuals over time, including student unit record
systems that contain information related to enrollment,
attendance, graduation and retention rates, student financial
assistance, and graduate employment outcomes.''.
SEC. 112. INSTITUTION AND LENDER REPORTING AND DISCLOSURE
REQUIREMENTS.
Title I (20 U.S.C. 1001 et seq.) is amended by adding at
the end the following:
``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL
LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Covered institution.--The term `covered
institution'--
``(A) means any educational institution that--
``(i) offers a postsecondary educational degree,
certificate, or program of study (including any institution
of higher education, as such term is defined in section 102);
and
``(ii) receives any Federal funding or assistance; and
``(B) includes an authorized agent of the educational
institution (including an alumni association, booster club,
or other organization directly or indirectly authorized by
such institution) or an employee of such institution.
``(2) Educational loan.--The term `educational loan'
(except when used as part of the term `private educational
loan') means--
``(A) any loan made, insured, or guaranteed under title IV;
or
``(B) a private educational loan (as defined in paragraph
(6)).
``(3) Preferred lender arrangement.--The term `preferred
lender arrangement'--
``(A) means an arrangement or agreement between a lender
and a covered institution--
``(i) under which arrangement or agreement a lender
provides or otherwise issues educational loans to the
students attending the covered institution or the parents of
such students; and
``(ii) which arrangement or agreement relates to the
covered institution recommending, promoting, or endorsing the
educational loan product of the lender; and
``(B) does not include--
``(i) arrangements or agreements with respect to loans
under parts D or E of title IV; or
``(ii) arrangements or agreements with respect to loans
under section 499(b).
``(4) Lender.--
``(A) In general.--The term `lender'--
``(i) means a creditor, except that such term shall not
include an issuer of credit secured by a dwelling or under an
open end credit plan; and
``(ii) includes an agent of a lender.
``(B) Incorporation of tila definitions.--The terms
`creditor', `dwelling', and `open end credit plan' have the
meanings given such terms in section 103 of the Truth in
Lending Act (15 U.S.C. 1602).
``(5) Officer.--The term `officer' includes a director or
trustee of a covered institution, if such individual is
treated as an employee of the covered institution.
``(6) Private educational loan.--The term `private
educational loan' means a private loan provided by a lender
that--
``(A) is not made, insured, or guaranteed under title IV;
and
``(B) is issued by a lender expressly for postsecondary
educational expenses to a student, or the parent of the
student, regardless of whether the loan involves enrollment
certification by the educational institution that the student
attends.
``(7) Postsecondary educational expenses.--The term
`postsecondary educational expenses' means any of the
expenses that are included as part of a student's cost of
attendance, as defined under section 472.
``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS
PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
``(a) Certification by Lenders.--In addition to any other
disclosure required under Federal law, each lender under part
B of title IV that participates in one or more preferred
lender arrangements shall annually certify its compliance
with the requirements of this Act. Such compliance of such
preferred lender arrangement shall be reported on and
attested to annually by the auditor of such lender in the
audit conducted pursuant to section 428(b)(1)(U)(iii).
``(b) Use of Institution Name.--
``(1) In general.--A covered institution that has entered
into a preferred lender arrangement with a lender regarding
private educational loans shall not agree to the lender's use
of the name, emblem, mascot, or logo of the institution, or
other words, pictures, or symbols readily identified with the
institution, in the marketing of private educational loans to
the students attending the institution in any way that
implies that the institution endorses the private educational
loans offered by the lender.
``(2) Applicability.--Paragraph (1) shall apply to any
preferred lender arrangement, or extension of such
arrangement, entered into or renewed after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS
PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
``(a) Duties of the Secretary.--
``(1) Report and model format.--Not later than 180 days
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall--
``(A) prepare a report on the adequacy of the information
provided to students and the parents of such students about
educational loans, after consulting with students,
representatives of covered institutions (including financial
aid administrators, registrars, and business officers),
lenders, loan servicers, and guaranty agencies;
``(B) develop and prescribe by regulation a model
disclosure form to be used by lenders and covered
institutions in carrying out subsections (b) and (c) that--
``(i) will be easy for students and parents to read and
understand;
``(ii) will be easily usable by lenders, institutions,
guaranty agencies, and loan servicers;
``(iii) will provide students and parents with the
relevant, meaningful, and standard information about the
terms and conditions for both Federal and private educational
loans;
``(iv) is based on the report's findings and developed in
consultation with--
``(I) students;
``(II) representatives of covered institutions, including
financial aid administrators, registrars, business officers,
and student affairs officials;
``(III) lenders;
``(IV) loan servicers;
``(V) guaranty agencies; and
``(VI) with respect to the requirements of clause (vi)
concerning private educational loans, the Board of Governors
of the Federal Reserve System;
``(v) provides information on the applicable interest rates
and other terms and conditions of the educational loans
provided by a lender to students attending the institution,
or the parents of such students, disaggregated by each type
of educational loan (including opportunity pools as defined
in section 155(f)) provided to such students or parents by
the lender, including--
``(I) the rate of interest, or the potential range of rates
of interest, applicable to the loan, and whether such rates
are fixed or variable;
``(II) limitations, if any, on interest rate adjustments,
both in terms of frequency and amount, or lack thereof;
``(III) co-borrower requirements, including changes in
interest rates;
``(IV) any fees associated with the loan;
``(V) the repayment terms available on the loan;
``(VI) the opportunity for deferment or forbearance in
repayment of the loan, including whether the loan payments
can be deferred if the student is in school;
``(VII) any additional terms and conditions applied to the
loan, including any benefits that are contingent on the
repayment behavior of the borrower;
``(VIII) the annual percentage rate for such loans,
determined in the manner required under section 107 of the
Truth in Lending Act (15 U.S.C. 1606);
``(IX) an example of the total cost of the educational loan
over the life of the loan which shall be calculated--
``(aa) using a principal amount and the maximum rate of
interest actually offered by the lender; and
``(bb) both with and without capitalization of interest, if
that is an option for postponing interest payments;
``(X) the consequences for the borrower of defaulting on a
loan, including any limitations on the discharge of an
educational loan in bankruptcy;
``(XI) contact information for the lender; and
``(XII) any philanthropic contributions made by the lender
to the covered institution, including the purpose of the
contribution and any conditions related to its use; and
``(vi) provides, in addition, with respect to private
educational loans, the following information with respect to
loans made by each lender recommended by the covered
institution:
``(I) the method of determining the interest rate of the
loan;
``(II) potential finance charges, late fees, penalties, and
adjustments to principal, based on defaults or late payments
of the borrower; and
``(III) such other information as the Secretary may
require; and
``(C)(i) submit the report and model disclosure form to the
authorizing committees; and
``(ii) make the report and model disclosure form available
to covered institutions, lenders, and the public.
``(2) Model form update.--Not later than 1 year after the
submission of the report and model disclosure form described
in paragraph (1)(B), the Secretary shall--
``(A) assess the adequacy of the model disclosure form;
``(B) after consulting with students, representatives of
covered institutions (including financial aid administrators,
registrars, business officers, and student affairs
officials), lenders, loan servicers, guaranty agencies, and
the Board of Governors of the Federal Reserve System--
``(i) prepare a list of any improvements to the model
disclosure form that have been identified as beneficial to
borrowers; and
``(ii) update the model disclosure form after taking such
improvements into consideration; and
``(C)(i) submit the list of improvements and updated model
disclosure form to the authorizing committees; and
``(ii) make the updated model disclosure form available to
covered institutions, lenders, and the public.
``(3) Use of form.--The Secretary shall take such steps as
necessary to make the model disclosure form, and the updated
model disclosure
[[Page H667]]
form, available to covered institutions and to encourage--
``(A) lenders subject to subsection (b) to use the model
disclosure form or updated model disclosure form (if
available) in providing the information required under
subsection (b); and
``(B) covered institutions to use such format in preparing
the information reported under subsection (c).
``(4) Procedures.--Sections 482(c) and 492 of this Act
shall not apply to the model disclosure form prescribed under
paragraph (1)(B), but shall apply to the updating of such
form under paragraph (2).
``(b) Lender Duties.--Each lender that has a preferred
lender arrangement with a covered institution shall, by
August 1 of each year, provide to the covered institution and
to the Secretary the information included on the model
disclosure form or an updated model disclosure form (if
available) for each type of educational loan (including
opportunity pools as defined in section 155(f)) to be offered
by the lender to students attending the covered institution,
or the parents of such students, for the forthcoming academic
year.
``(c) Covered Institution Reports.--Each covered
institution shall--
``(1) prepare and submit to the Secretary an annual report,
by a date determined by the Secretary, that includes, for
each lender that has a preferred lender arrangement with the
covered institution and that has submitted to the institution
the information required under subsection (b)--
``(A) the information included on the model disclosure form
or updated model disclosure form (if available) for each type
of educational loan provided by the lender to students
attending the covered institution, or the parents of such
students; and
``(B) a detailed explanation of why the covered institution
believes the terms and conditions of each type of educational
loan provided pursuant to the agreement are beneficial for
students attending the covered institution, or the parents of
such students; and
``(2) ensure that the report required under paragraph (1)
is made available to the public and provided to students
attending or planning to attend the covered institution, and
the parents of such students, in time for the student or
parent to take such information into account before applying
for or selecting an educational loan.
``(d) Disclosures by Covered Institutions.--A covered
institution shall disclose, on its website and in the
informational materials described in subsection (e)--
``(1) a statement that--
``(A) indicates that students are not limited to or
required to use the lenders the institution recommends; and
``(B) the institution is required to process the documents
required to obtain a Federal educational loan from any
eligible lender the student selects;
``(2) at a minimum, all of the information provided by the
model disclosure form prescribed under subsection (a)(1)(B),
or updated model disclosure form (if available), with respect
to any lender recommended by the institution for Federal
educational loans and, as applicable, private educational
loans (including opportunity pools as defined in section
155(f));
``(3) the maximum amount of Federal grant and loan aid
available to students in an easy-to-understand format; and
``(4) the institution's cost of attendance (as determined
under section 472).
``(e) Informational Materials.--The informational materials
described in this subsection are publications, mailings, or
electronic messages or media distributed to prospective or
current students and parents of students that describe or
discuss the financial aid opportunities available to students
at an institution of higher education.
``SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS
FOR COVERED INSTITUTIONS.
``A covered institution that provides information to any
student, or the parent of such student, regarding a private
educational loan from a lender shall, prior to or concurrent
with such information--
``(1) inform the student or parent of--
``(A) the student or parent's eligibility for assistance
and loans under title IV; and
``(B) the terms and conditions of such private educational
loan that may be less favorable than the terms and conditions
of educational loans for which the student or parent is
eligible, including interest rates, repayment options, and
loan forgiveness; and
``(2) ensure that information regarding such private
educational loan is presented in such a manner as to be
distinct from information regarding loans that are made,
insured, or guaranteed under title IV.
``SEC. 155. INTEGRITY PROVISIONS.
``(a) Institution Code of Conduct Required.--
``(1) Code of conduct.--Each institution of higher
education that participates in the Federal student loan
programs under title IV or has students that obtain private
educational loans shall--
``(A) develop a code of conduct in accordance with
paragraph (2) with which its officers, employees, and agents
shall comply with respect to educational loans;
``(B) publish the code of conduct prominently on its
website; and
``(C) administer and enforce such code in accordance with
the requirements of this subsection.
``(2) Contents of code.--The code required by this section
shall--
``(A) prohibit a conflict of interest with the
responsibilities of such officer, employee, or agent with
respect to educational loans; and
``(B) at a minimum, include provisions in compliance with
the provisions of the following subsections of this section.
``(3) Training and compliance.--An institution of higher
education shall administer and enforce a code of conduct
required by this section by, at a minimum, requiring all of
its officers, employees, and agents with responsibilities
with respect to educational loans to obtain training annually
in compliance with the code.
``(b) Gift Ban.--
``(1) Prohibition.--No officer, employee, or agent of a
covered institution who is employed in the financial aid
office of the institution, or who otherwise has
responsibilities with respect to educational loans, shall
solicit or accept any gift from a lender, guarantor, or
servicer of educational loans.
``(2) Inspector general report.--The Inspector General of
the Department of Education shall investigate any reported
violation of this subsection and shall annually submit a
report to the authorizing committees identifying all
substantiated violations of the gift ban under paragraph (1),
including the lenders and covered institutions involved in
each such violation, for the preceding year.
``(3) Definition of gift.--
``(A) In general.--In this subsection, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, or other item having a monetary value of
more than a de minimus amount. The term includes a gift of
services, transportation, lodging, or meals, whether provided
in kind, by purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.
``(B) Exceptions.--The term `gift' shall not include any of
the following:
``(i) Standard informational material related to a loan or
financial literacy, such as a brochure.
``(ii) Food, refreshments, training, or informational
material furnished to an officer, employee, or agent of an
institution as an integral part of a training session that is
designed to improve the service of a lender, guarantor, or
servicer of educational loans to the covered institution, if
such training contributes to the professional development of
the officer, employee, or agent of the institution.
``(iii) Favorable terms, conditions, and borrower benefits
on an educational loan provided to a student employed by the
covered institution if such terms, conditions, or benefits
are comparable to those provided to all students of the
institution.
``(iv) Exit counseling services provided to borrowers to
meet a covered institution's responsibilities for exit
counseling as required by section 485(b) provided that--
``(I) a covered institution's staff are in control of the
counseling (whether in person or via electronic
capabilities); and
``(II) such counseling does not promote the products or
services of any lender.
``(v) Philanthropic contributions to a covered institution
from a lender, guarantor, or servicer of educational loans
that are unrelated to educational loans, provided, as
applicable, that such contributions are disclosed pursuant to
section 153(a)(1) and section 153(a)(2).
``(C) Rule for gifts to family members.--For purposes of
this section, a gift to a family member of an officer,
employee, or agent of a covered institution, or a gift to any
other individual based on that individual's relationship with
the officer, employee, or agent, shall be considered a gift
to the officer, employee, or agent if--
``(i) the gift is given with the knowledge and acquiescence
of the officer, employee, or agent; and
``(ii) the officer, employee, or agent has reason to
believe the gift was given because of the official position
of the officer, employee, or agent.
``(c) Contracting Arrangements Prohibited.--
``(1) Prohibition.--An officer, employee, or agent who is
employed in the financial aid office of a covered
institution, or who otherwise has responsibilities with
respect to educational loans, shall not accept from any
lender or affiliate of any lender (as the term affiliate is
defined in section 487(a)) any fee, payment, or other
financial benefit (including the opportunity to purchase
stock) as compensation for any type of consulting arrangement
or other contract to provide services to a lender or on
behalf of a lender.
``(2) Exceptions.--Nothing in this subsection shall be
construed as prohibiting--
``(A) an officer, employee, or agent of a covered
institution who is not employed in the institution's
financial aid office, or who does not otherwise have
responsibilities with respect to educational loans, from paid
or unpaid service on a board of directors of a lender,
guarantor, or servicer of educational loans;
``(B) an officer, employee, or agent of a covered
institution who is not employed in the financial aid office
but who has responsibility with respect to educational loans
as a result of a position held at the covered institution,
from paid or unpaid service on a board of directors of a
lender, guarantor, or servicer of educational loans, provided
that the covered institution has a written conflict of
interest policy that clearly sets forth that such an officer,
employee, or agent must be recused from participating in any
decision of the board with respect to any transaction
regarding educational loans; or
``(C) an officer, employee, or agent of a lender,
guarantor, or servicer of educational loans from serving on a
board of directors or serving as a trustee of a covered
institution, provided that the covered institution has a
written conflict of interest policy that clearly sets forth
the procedures to be followed in instances where such a board
member's or trustee's personal or business interests with
respect to educational loans may be advanced by an action of
the
[[Page H668]]
board of directors or trustees, including a provision that
such a board member or trustee may not participate in any
decision to approve any transaction where such conflicting
interests may be advanced.
``(d) Ban on Revenue Sharing Arrangements.--
``(1) Prohibition.--A covered institution shall not enter
into any revenue sharing arrangement with any lender.
``(2) Definition.--For purposes of this subsection, a
revenue sharing arrangement is an arrangement between a
covered institution and a lender under which--
``(A) a lender provides or issues educational loans to
students attending the institution or to parents of such
students; and
``(B)(i) the institution recommends the lender or the loan
products of the lender; and
``(ii) in exchange, the lender pays a fee or provides other
material benefits, including revenue or profit sharing, to
the institution or officers, employees, or agents of the
institution.
``(e) Ban on Staffing Assistance.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any assistance with call center
staffing or financial aid office staffing.
``(2) Certain assistance permitted.--Nothing in paragraph
(1) shall be construed to prohibit a covered institution from
requesting or accepting assistance from a lender related to--
``(A) professional development training for financial aid
administrators;
``(B) providing educational counseling materials, financial
literacy materials, or debt management materials to
borrowers, provided that such materials disclose to borrowers
the identification of any lender that assisted in preparing
or providing such materials; or
``(C) staffing services on a short-term, non-recurring
basis to assist the institution with financial aid-related
functions during emergencies, including State-declared or
federally declared natural disasters, federally declared
national disasters, and other localized disasters and
emergencies identified by the Secretary.
``(f) Prohibition on Offers of Funds for Private Loans.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any offer of funds, including any
opportunity pool, to be used for private educational loans to
students in exchange for the covered institution providing
concessions or promises to the lender with respect to such
institution providing the lender with a specified number of
loans, a specified loan volume, or a preferred lender
arrangement for any loan made, insured, or guaranteed under
title IV, and a lender shall not make any such offer.
``(2) Definition.--In this subsection, the term
`opportunity pool' means an educational loan made by a
private lender to a student attending the covered institution
or the parent of such a student that is in any manner
guaranteed by a covered institution, or that involves a
payment, directly or indirectly, by such an institution of
points, premiums, payments, additional interest, or other
financial support to such lender for the purpose of such
lender extending credit to either the students or the parents
of students of the institution.
``(g) Ban on Participation on Advisory Councils.--An
officer, employee, or agent who is employed in the financial
aid office of a covered institution, or who otherwise has
responsibilities with respect to educational loans, shall not
serve on or otherwise participate with advisory councils of
lenders or affiliates of lenders. Nothing in this subsection
shall prohibit lenders from seeking advice from covered
institutions or groups of covered institutions (including
through telephonic or electronic means, or a meeting) in
order to improve products and services for borrowers,
provided there are no gifts or compensation (including for
transportation, lodging, or related expenses) provided by
lenders in connection with seeking this advice from such
institutions. Nothing in this subsection shall prohibit an
officer, employee, or agent of a covered institution from
serving on the board of directors of a lender if required by
State law.
``SEC. 156. COMPLIANCE AND ENFORCEMENT.
``(a) Condition of Any Federal Assistance.--Notwithstanding
any other provision of law, a covered institution or lender
shall comply with this part as a condition of receiving
Federal funds or assistance provided after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(b) Penalties.--Notwithstanding any other provision of
law, if the Secretary determines, after providing notice and
an opportunity for a hearing for a covered institution or
lender, that the covered institution or lender has violated
subsection (a)--
``(1) in the case of a covered institution, or a lender
that does not participate in a loan program under title IV,
the Secretary may impose a civil penalty in an amount of not
more than $25,000; and
``(2) in the case of a lender that does participate in a
program under title IV, the Secretary may limit, terminate,
or suspend the lender's participation in such program.
``(c) Considerations.--In taking any action against a
covered institution or lender under subsection (b), the
Secretary shall take into consideration the nature and
severity of the violation of subsection (a).
``SEC. 157. STUDENT LOAN COUNSELING.
``(a) Borrower Contact.--
``(1) FFEL loans.--Each holder of a loan under part B of
title IV shall contact the borrower each year after five
years has passed from the date that a borrower first selected
either a graduated, extended, income sensitive, or income
contingent repayment plan to ascertain if the borrower is
able to select a repayment plan with a shorter repayment
period that would reduce the total interest paid on the
borrower's loan or loans under this part.
``(2) Direct loans.--The Secretary shall contact the
borrower of each loan under part D or E of title IV each year
after five years has passed from the date that a borrower
first selected either an extended, graduated, income
contingent, or alternative repayment plan to ascertain if the
borrower is able to select a repayment plan for a shorter
repayment period that would reduce the total interest paid on
the borrower's loan under this part.
``(b) Required Disclosure Before Disbursement.--
``(1) Disclosures before repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to
the borrower before repayment begins an explanation of
principal to be borrowed, current balance, interest already
paid, and interest due over the life of the loan, options by
which borrowers may avoid or be removed from default,
relevant fees associated with these options, and repayment
options available to the borrower entering repayment,
including income contingent repayment and income-based
repayment.
``(2) Disclosures during repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to
the borrower during repayment an explanation of principal
borrowed, current balance, interest already paid and interest
due over the life of the loan, options by which borrowers may
avoid or be removed from default, relevant fees associated
with these options, and repayment options available to the
borrower entering repayment, including income contingent
repayment and income-based repayment. Each such lender and
the Secretary shall also notify any borrower who tells the
lender or the Secretary that the borrower is having
difficulty making payments of the repayment options
available, including forbearance. Each such lender and the
Secretary shall make an explanation of repayment options
available to the borrower, including income contingent
repayment and forbearance, before the loan is disbursed,
before repayment, and during repayment if the borrower
notifies the lender or the Secretary that the borrower is
having difficulty making payments.
``(c) Institutional Counseling.--
``(1) In general.--Each institution of higher education
shall, through financial aid officers or otherwise, make
available counseling to borrowers of loans which are made,
insured, or guaranteed under part B (other than loans made
pursuant to section 428B) of this title or made under part D
or E of this title prior to their signing the first
promissory note. The counseling shall include--
``(A) average indebtedness of borrowers at that school, to
be supplied by the Secretary;
``(B) sample monthly repayment amounts based on a range of
student levels of indebtedness and on the average
indebtedness of Stafford loan borrowers at the same school or
in the same program of study at the same school;
``(C) data to be supplied by the Secretary on starting
salaries for graduates of institutions by type and control of
institution, and field of study;
``(D) repayment options available to the borrower when
entering repayment, including income contingent repayment and
income-based repayment;
``(E) detail to be supplied by the Secretary on how
interest accrues and is capitalized during periods when it is
not being paid by either the borrower or the Secretary; and
``(F) the likely consequences of default, including adverse
credit reports, Federal offset, and litigation.
``(2) Use of electronic means.--If initial counseling is
conducted through interactive electronic means, the
institution of higher education shall take reasonable steps
to ensure that each student borrower receives the counseling
materials, and participates in and completes the initial
counseling.
``(d) Department of Education Information Disclosure and
Technical Assistance.--
``(1) Obligation.--The Secretary shall display on the
Department of Education website and provide to colleges and
universities the following information to be used for
counseling and consumer information for prospective
borrowers:
``(A) Regional data on starting salaries in all major
fields.
``(B) The increase in debt that results from forbearance on
all loans and from capitalization of interest on unsubsidized
loans.
``(C) The various repayment options available in the
Federal student loan programs, including the availability of
the income contingent repayment (ICR) program and the income-
based repayment programs (IBR).
``(D) The Federal Government's powers to collect student
loans, even when student borrowers are in bankruptcy.
``(2) Publicity.--The Secretary shall make the location of
the information under paragraph (1) widely known among the
public, institutions, and lenders, and promote the use of
such information by prospective students, enrolled students,
and borrowers after entering repayment.''.
SEC. 113. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT
LOAN MARKETPLACE.
(a) Study Required.--The Secretary of Education shall
conduct a study of the feasibility of developing a National
Electronic Student Loan Marketplace that would provide for
one or more of the following:
(1) A registry of real-time information on Federal student
loans (including loans under parts B and D of title IV of the
Higher Education Act of 1965) and private educational loans
(as defined in section 151 such Act of 1965 (as amended by
this Act)) for both undergraduate and
[[Page H669]]
graduate students, and parents of students, for use by
prospective borrowers or any person desiring information
regarding available interest rates, fees, and other terms
from lenders.
(2) Means by which lenders that participate in such
marketplace would be bound to honor advertised rates or
benefits.
(3) A mechanism whereby borrowers and student financial aid
officials could publicly post or otherwise make available for
users accessing the system their comments, opinions, or
ratings concerning their experience as to the quality of
lenders' loan products and loan servicing and other
measurements or indicators of customer satisfaction.
(4) A mechanism whereby prospective borrowers could be
matched with lenders that offer highly competitive products
and loan servicing quality, including any procedures and
safeguards necessary to minimize potentially adverse effects
of multiple inquiries into participating borrowers' credit
histories recorded by credit reporting agencies.
(5) Options concerning the establishment and ongoing
maintenance of such a system, including whether such a system
should be operated by one or more nonprofit or for-profit
entities, how these entities should structure or organize
such a system in order to provide the highest assurance of
independence from, and the absence of any conflicting
interest with, lenders participating in such a system, and
methods to finance such a system at no or minimal cost to
consumers and the Government.
(6) Other features that the Secretary determines could help
prospective borrowers make informed decisions in selecting
lenders from whom to obtain Federal and private educational
loans.
(b) Consultation.--In conducting the study required by this
section, the Secretary of Education shall consult with--
(1) the Federal Trade Commission;
(2) representatives of student loan borrowers;
(3) representatives from institutions of higher education,
including financial aid administrators, registrars, business
officers, and student affairs officials;
(4) Federal and private education loan lenders, loan
servicers, and guaranty agencies; and
(5) any other appropriate agency that is a member of the
Financial Literacy and Education Commission established under
the Financial Literacy and Education Improvement Act (20
U.S.C. 9701 et seq.).
(c) Report.--Not later than 6 months after completion of
the model interest rate report format required under section
153(a)(1) of the Higher Education Act of 1965 (as amended by
this Act), the Secretary of Education shall submit a report
to the authorizing committees (as defined in section 103 of
such Act) concerning the findings of the feasibility study
together with an assessment of the advantages and
disadvantages for consumers, institutions of higher
education, lenders, and the Government of establishing such a
system.
TITLE II--TITLE II REVISION
SEC. 201. REVISION OF TITLE II.
Title II (20 U.S.C. 1021 et seq.) is amended to read as
follows:
``TITLE II--TEACHER QUALITY ENHANCEMENT
``SEC. 200. DEFINITIONS.
``For purposes of this title:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers 1 or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
``(B) when referring to a specific academic subject area,
the disciplines or content areas in which academic majors are
offered by the arts and sciences organizational unit.
``(2) Children from low-income families.--The term
`children from low-income families' means children as
described in section 1124(c)(1)(A) of the Elementary and
Secondary Education Act of 1965.
``(3) Core academic subjects.--The term `core academic
subjects' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(B) a State licensed or regulated child care program or
school; or
``(C) a State prekindergarten program that serves children
from birth through kindergarten and that addresses the
children's cognitive (including language, early literacy, and
pre-numeracy), social, emotional, and physical development.
``(5) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(6) Educational service agency.--The term `educational
service agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(7) Essential components of reading instruction.--The
term `essential components of reading instruction' has the
meaning given such term in section 1208 of the Elementary and
Secondary Education Act of 1965.
``(8) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(9) High-need early childhood education program.--The
term `high-need early childhood education program' means an
early childhood education program serving children from low-
income families that is located within the geographic area
served by a high-need local educational agency.
``(10) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) for which not less than 20 percent of the children
served by the agency are children from low-income families;
``(ii) that serves not fewer than 10,000 children from low-
income families; or
``(iii) with a total of less than 600 students in average
daily attendance at the schools that are served by the
agency, and all of the schools that are served by the agency
are designated with a school locale code of Rural: Fringe,
Rural: Distant, or Rural: Remote, as determined by the
Secretary; and
``(B)(i) for which there is a high percentage of teachers
not teaching in the academic subject areas or grade levels in
which the teachers were trained to teach; or
``(ii) for which there is a high teacher turnover rate or a
high percentage of teachers with emergency, provisional, or
temporary certification or licensure.
``(11) High-need school.--Notwithstanding section 103, the
term `high-need school' means a public elementary school or
public secondary school that--
``(A) is among the highest 25 percent of schools served by
the local educational agency that serves the school, in terms
of the percentage of students from families with incomes
below the poverty line; or
``(B) is designated with a school locale code of Rural:
Fringe, Rural: Distant, or Rural: Remote, as determined by
the Secretary.
``(12) Highly competent.--The term `highly competent', when
used with respect to an early childhood educator, means an
educator--
``(A) with specialized education and training in
development and education of young children from birth until
entry into kindergarten;
``(B) with--
``(i) a baccalaureate degree in an academic major in the
arts and sciences; or
``(ii) an associate's degree in a related educational area;
and
``(C) who has demonstrated a high level of knowledge and
use of content and pedagogy in the relevant areas associated
with quality early childhood education.
``(13) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 and, with respect to
special education teachers, in section 602 of the Individuals
with Disabilities Education Act.
``(14) Literacy coach.--The term `literacy coach' means an
individual--
``(A) who--
``(i) has teaching experience and a master's degree with a
concentration in reading and writing education; and
``(ii) has demonstrated proficiency (as determined by the
principal of the individual's school) in teaching reading and
writing in a content area such as math, science, or social
studies;
``(B) whose primary role with teachers and school personnel
is--
``(i) to provide high-quality professional development
opportunities for teachers and school personnel related to
literacy;
``(ii) with respect to the areas of reading and writing, to
collaborate with paraprofessionals, teachers, principals, and
other administrators, and the community served by the school;
and
``(iii) to work cooperatively and collaboratively with
other professionals in planning programs to meet the needs of
diverse population learners, including children with
disabilities and limited English proficient individuals; and
``(C) who may provide students with--
``(i) reading or writing diagnosis and instruction; and
``(ii) reading and writing assessment, including assessment
in cooperation with other professionals (such as special
education teachers, speech and language teachers, and school
psychologists).
``(15) Poverty line.--The term `poverty line' means the
poverty line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(16) Professional development.--The term `professional
development' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(17) Scientifically valid research.--The term
`scientifically valid research' includes applied research,
basic research, and field-initiated research in which the
rationale, design, and interpretation are soundly developed
in accordance with accepted principles of scientific
research.
``(18) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and the
ability to apply knowledge;
``(B) effectively convey and explain academic subject
matter;
``(C) employ strategies grounded in the disciplines of
teaching and learning that--
``(i) are based on empirically based practice and
scientifically valid research, where applicable, related to
teaching and learning;
``(ii) are specific to academic subject matter; and
``(iii) focus on the identification of students' specific
learning needs, particularly students with disabilities,
students who are limited English proficient, students who are
gifted and talented, and students with low literacy levels,
and the tailoring of academic instruction to such needs;
``(D) conduct an ongoing assessment of student learning,
which may include the use of formative assessments,
performance-based assessments, project-based assessments, or
portfolio assessments, that measure higher-order
[[Page H670]]
thinking skills, including application, analysis, synthesis,
and evaluation;
``(E) effectively manage a classroom, including the ability
to implement positive behavioral intervention support
strategies;
``(F) communicate and work with parents and guardians, and
involve parents and guardians in their children's education;
and
``(G) use, in the case of an early childhood educator, age-
appropriate and developmentally appropriate strategies and
practices for children in early education programs.
``SEC. 200A. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures
afforded to the employees of local educational agencies under
Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers,
including the right of employees of local educational
agencies to engage in collective bargaining with their
employers.
``PART A--TEACHER QUALITY PARTNERSHIP GRANTS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing professional development activities;
``(3) hold teacher preparation programs at institutions of
higher education accountable for preparing highly qualified
teachers; and
``(4) recruit highly qualified individuals, including
minorities and individuals from other occupations, into the
teaching force.
``(b) Definitions.--In this part:
``(1) Eligible partnership.--The term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational agency;
``(ii) a high-need school or a consortium of high-need
schools served by the high-need local educational agency or,
as applicable, a high-need early childhood education program;
``(iii) a partner institution;
``(iv) a school, department, or program of education within
such partner institution or a teacher professional
development program within such partner institution; and
``(v) a school or department of arts and sciences within
such partner institution; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher education.
``(v) A business.
``(vi) A public or private nonprofit educational
organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A high-performing local educational agency, or a
consortium of such local educational agencies, that can serve
as a resource to the partnership.
``(x) A charter school (as defined in section 5210 of the
Elementary and Secondary Education Act of 1965).
``(xi) A school or department within the partner
institution that focuses on psychology and human development.
``(xii) A school or department within the partner
institution with comparable expertise in the disciplines of
teaching, learning, and child and adolescent development.
``(xiii) An entity operating a program that provides
alternative routes to State certification of teachers.
``(2) Induction program.--The term `induction program'
means a formalized program for new teachers during not less
than the teachers' first 2 years of teaching that is designed
to provide support for, and improve the professional
performance and advance the retention in the teaching field
of, beginning teachers. Such program shall promote effective
teaching skills and shall include the following components:
``(A) High-quality teacher mentoring.
``(B) Periodic, structured time for collaboration with
mentor teachers in the same department or field, as well as
time for information-sharing among teachers, principals,
administrators, and participating faculty in the partner
institution.
``(C) The application of empirically based practice and
scientifically valid research on instructional practices.
``(D) Opportunities for new teachers to draw directly upon
the expertise of teacher mentors, faculty, and researchers to
support the integration of empirically based practice and
scientifically valid research with practice.
``(E) The development of skills in instructional and
behavioral interventions derived from empirically based
practice and, where applicable, scientifically valid
research.
``(F) Faculty who--
``(i) model the integration of research and practice in the
classroom; and
``(ii) assist new teachers with the effective use and
integration of technology in the classroom.
``(G) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who prepare
new teachers with respect to the learning process and the
assessment of learning.
``(H) Assistance with the understanding of data,
particularly student achievement data, and the data's
applicability in classroom instruction.
``(I) Structured and formal observation of new teachers,
and feedback for such teachers, at least 4 times each school
year by multiple evaluators, including master teachers and
the principal, using valid and reliable benchmarks of
teaching skills and standards developed with input from
teachers.
``(3) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a
2-year institution of higher education offering a dual
program with a 4-year institution of higher education,
participating in an eligible partnership that has a teacher
preparation program--
``(A) whose graduates exhibit strong performance on State-
determined qualifying assessments for new teachers through--
``(i) demonstrating that 80 percent or more of the
graduates of the program who intend to enter the field of
teaching have passed all of the applicable State
qualification assessments for new teachers, which shall
include an assessment of each prospective teacher's subject
matter knowledge in the content area in which the teacher
intends to teach; or
``(ii) being ranked among the highest-performing teacher
preparation programs in the State as determined by the
State--
``(I) using criteria consistent with the requirements for
the State report card under section 205(b); and
``(II) using the State report card on teacher preparation
required under section 205(b), after the first publication of
such report card and for every year thereafter; or
``(B) that requires--
``(i) each student in the program to meet and demonstrate
high academic standards (including prior to entering and
being accepted into a program) and participate in intensive
clinical experience;
``(ii) each student in the program preparing to become a
teacher to become highly qualified; and
``(iii) each student in the program preparing to become an
early childhood educator to meet degree requirements, as
established by the State, and become highly competent.
``(4) Teacher mentoring.--The term `teacher mentoring'
means the mentoring of new or prospective teachers through a
new or established program that--
``(A) includes clear criteria for the selection of teacher
mentors who will provide role model relationships for
mentees, which criteria shall be developed by the eligible
partnership and based on measures of teacher effectiveness;
``(B) provides high-quality training for such mentors,
including instructional strategies for literacy instruction
and classroom management;
``(C) provides regular and ongoing opportunities for
mentors and mentees to observe each other's teaching methods
in classroom settings during the day in a high-need school in
the high-need local educational agency in the eligible
partnership;
``(D) provides paid release time for mentors;
``(E) provides mentoring to each mentee by a colleague who
teaches in the same field, grade, or subject as the mentee;
``(F) promotes empirically based practice of, and
scientifically valid research on, where applicable--
``(i) teaching and learning;
``(ii) assessment of student learning;
``(iii) the development of teaching skills through the use
of instructional and behavioral interventions; and
``(iv) the improvement of the mentees' capacity to
measurably advance student learning; and
``(G) includes--
``(i) common planning time or regularly scheduled
collaboration for the mentor and mentee; and
``(ii) joint professional development opportunities.
``(5) Teaching residency program.--The term `teaching
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for 1 academic year, teaches alongside a mentor
teacher, who is the teacher of record;
``(B) receives concurrent instruction during the year
described in subparagraph (A) from the partner institution,
which may include courses taught by local educational agency
personnel or residency program faculty, in the teaching of
the content area in which the teacher will become certified
or licensed;
``(C) acquires effective teaching skills; and
``(D) prior to completion of the program, earns a master's
degree, attains full State teacher certification or
licensure, and becomes highly qualified.
``SEC. 202. PARTNERSHIP GRANTS.
``(a) Program Authorized.--From amounts made available
under section 209, the Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships, to
enable the eligible partnerships to carry out the activities
described in subsection (c).
``(b) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall contain--
``(1) a needs assessment of all the partners in the
eligible partnership with respect to the preparation, ongoing
training, professional development, and retention, of general
and special education teachers, principals, and, as
applicable, early childhood educators;
``(2) a description of the extent to which the program
prepares prospective and new teachers with strong teaching
skills;
``(3) a description of how the program will prepare
prospective and new teachers to use research and data to
modify and improve instruction in the classroom;
``(4) a description of how the partnership will coordinate
strategies and activities assisted under the grant with other
teacher preparation or professional development programs,
including those funded under the Elementary and Secondary
Education Act of 1965 and the Individuals with Disabilities
Education Act, and
[[Page H671]]
through the National Science Foundation, and how the
activities of the partnership will be consistent with State,
local, and other education reform activities that promote
student achievement;
``(5) a resource assessment that describes the resources
available to the partnership, including--
``(A) the integration of funds from other sources;
``(B) the intended use of the grant funds;
``(C) the commitment of the resources of the partnership,
including financial support, faculty participation, and time
commitments, to the activities assisted under this section
and to the continuation of the activities when the grant
ends;
``(6) a description of--
``(A) how the partnership will meet the purposes of this
part;
``(B) how the partnership will carry out the activities
required under subsection (d) or (e) based on the needs
identified in paragraph (1), with the goal of improving
student achievement;
``(C) the partnership's evaluation plan under section
204(a);
``(D) how the partnership will align the teacher
preparation program with the--
``(i) State early learning standards for early childhood
education programs, as appropriate, and with the relevant
domains of early childhood development; and
``(ii) student academic achievement standards and academic
content standards under section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965, established by the State
in which the partnership is located;
``(E) how the partnership will prepare general education
teachers to teach students with disabilities, including
training related to participation as a member of
individualized education program teams, as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education
Act;
``(F) how the partnership will prepare general education
and special education teachers to teach students with limited
English proficiency;
``(G) how faculty at the partner institution will work,
during the term of the grant, with highly qualified teachers
in the classrooms of schools served by the high-need local
educational agency in the partnership to provide high-quality
professional development activities;
``(H) how the partnership will design, implement, or
enhance a year-long, rigorous, and enriching teaching pre-
service clinical program component;
``(I) how the partnership will support in-service
professional development strategies and activities; and
``(J) how the partnership will collect, analyze, and use
data on the retention of all teachers and early childhood
educators in schools and early childhood programs located in
the geographic area served by the partnership to evaluate the
effectiveness of the partnership's teacher and educator
support system; and
``(7) with respect to the induction program required as
part of the activities carried out under this section--
``(A) a description of how the teacher preparation program
will design and implement an induction program to support all
new teachers through not less than the first 2 years of
teaching in the further development of the new teachers'
teaching skills, including the use of mentors who are trained
and compensated by such program for the mentors' work with
new teachers;
``(B) a demonstration that the schools and departments
within the institution of higher education that are part of
the induction program have relevant and essential roles in
the effective preparation of teachers, including content
expertise and expertise in teaching;
``(C) a demonstration of the partnership's capability and
commitment to the use of empirically based practice and
scientifically valid research related to teaching and
learning, and the accessibility to and involvement of
faculty;
``(D) a description of how faculty involved in the
induction program will be able to substantially participate
in an early childhood education program or an elementary or
secondary school classroom setting, as applicable, including
release time and receiving workload credit for such
participation.
``(c) Required Use of Grant Funds.--An eligible partnership
that receives a grant under this section shall use grant
funds to carry out a program for the pre-baccalaureate
preparation of teachers under subsection (d), a teaching
residency program under subsection (e), a leadership
development program under subsection (f), or a combination of
two or more such programs.
``(d) Partnership Grants for Pre-Baccalaureate Preparation
of Teachers.--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:
``(1) Reforms.--
``(A) In general.--Implementing reforms, described in
subparagraph (B), within each teacher preparation program
and, as applicable, each preparation program for early
childhood education programs, of the eligible partnership
that is assisted under this section, to hold each program
accountable for--
``(i) preparing--
``(I) current or prospective teachers to be highly
qualified (including teachers in rural school districts who
may teach multiple subjects, special educators, teachers of
students who are limited English proficient who may teach
multiple subjects, and teachers who are qualified to teach
Advanced Placement or International Baccalaureate courses);
``(II) such teachers and, as applicable, early childhood
educators, to understand empirically based practice and
scientifically valid research related to teaching and
learning and its applicability, and to use technology
effectively, including the use of instructional techniques
and positive behavioral support strategies to improve student
achievement; and
``(III) as applicable, early childhood educators to be
highly competent; and
``(ii) promoting strong teaching skills and, as applicable,
techniques for early childhood educators to improve
children's cognitive, social, emotional, and physical
development.
``(B) Required reforms.--The reforms described in
subparagraph (A) shall include--
``(i) implementing teacher preparation program curriculum
changes that improve, evaluate, and assess how well all
prospective and new teachers develop teaching skills;
``(ii) using empirically based practice and scientifically
valid research, where applicable, about the disciplines of
teaching and learning so that all prospective teachers and,
as applicable, early childhood educators--
``(I) can understand and implement research-based teaching
practices in classroom-based instruction;
``(II) have knowledge of student learning methods;
``(III) possess skills to analyze student academic
achievement data and other measures of student learning, and
use such data and measures to improve instruction in the
classroom;
``(IV) possess teaching skills and an understanding of
effective instructional strategies across all applicable
content areas that enable general and special education
teachers and early childhood educators to--
``(aa) meet the specific learning needs of all students,
including students with disabilities, students who are
limited English proficient, students who are gifted and
talented, students with low literacy levels and, as
applicable, children in early childhood education programs;
and
``(bb) differentiate instruction for such students;
``(V) can effectively participate in the individualized
education program process, as defined in section 614(d)(1)(B)
of the Individuals with Disabilities Education Act; and
``(VI) can successfully employ effective strategies for
reading instruction using the essential components of reading
instruction;
``(iii) ensuring collaboration with departments, programs,
or units of a partner institution outside of the teacher
preparation program in all academic content areas to ensure
that new teachers receive training in both teaching and
relevant content areas in order to become highly qualified,
which may include training in multiple subjects to teach
multiple grade levels as may be needed for individuals
preparing to teach in rural communities;
``(iv) developing and implementing an induction program;
``(v) developing admissions goals and priorities aligned
with the hiring objectives of the high-need local educational
agency in the eligible partnership; and
``(vi) implementing program curriculum changes to prepare
teachers to teach Advanced Placement or International
Baccalaureate courses.
``(2) Clinical experience and interaction.--Developing and
improving a sustained and high-quality pre-service clinical
education program to further develop the teaching skills of
all prospective teachers and, as applicable, early childhood
educators, involved in the program. Such program shall do the
following:
``(A) Incorporate year-long opportunities for enrichment
activity or a combination of activities, including--
``(i) clinical learning in classrooms in high-need schools
served by the high-need local educational agency in the
eligible partnership and identified by the eligible
partnership; and
``(ii) closely supervised interaction between faculty and
new and experienced teachers, principals, and other
administrators at early childhood education programs (as
applicable), elementary schools, or secondary schools, and
providing support for such interaction.
``(B) Integrate pedagogy and classroom practice and promote
effective teaching skills in academic content areas, which
may include preparation for meeting the unique needs of
teaching in rural communities.
``(C) Provide high-quality teacher mentoring.
``(D)(i) Be offered over the course of a program of teacher
preparation;
``(ii) be tightly aligned with course work (and may be
developed as a 5th year of a teacher preparation program);
and
``(iii) where feasible, allow prospective teachers to learn
to teach in the same school district in which the teachers
will work, learning the instructional initiatives and
curriculum of that district.
``(E) Provide support and training for those individuals
participating in an activity for prospective teachers
described in this paragraph or paragraph (1) or (3), and for
those who serve as mentors for such teachers, based on each
individual's experience. Such support may include--
``(i) with respect to a prospective teacher or a mentor,
release time for such individual's participation;
``(ii) with respect to a faculty member, receiving course
workload credit and compensation for time teaching in the
eligible partnership's activities; and
``(iii) with respect to a mentor, a stipend, which may
include bonus, differential, incentive, or merit or
performance-based pay.
``(3) Induction programs for new teachers.--Creating an
induction program for new teachers, or, in the case of an
early childhood education program, providing mentoring or
coaching for new early childhood educators.
``(4) Support and training for participants in early
childhood education programs.--In the case of an eligible
partnership focusing on early childhood educator preparation,
implementing initiatives that increase compensation for early
childhood educators who attain associate or baccalaureate
degrees in early childhood education.
[[Page H672]]
``(5) Teacher recruitment.--Developing and implementing
effective mechanisms (which may include alternative routes to
State certification of teachers) to ensure that the eligible
partnership is able to recruit qualified individuals to
become highly qualified teachers through the activities of
the eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
``(A) underrepresented populations;
``(B) individuals to teach in rural communities and teacher
shortage areas, including mathematics, science, special
education, and instruction of limited English proficient
students; and
``(C) mid-career professionals from other occupations,
former military personnel, and recent college graduates with
proven records of academic distinction.
``(6) Literacy training.--Developing and implementing a
program to strengthen content knowledge and teaching skills
of elementary and secondary school literacy coaches that--
``(A) provides teacher training in reading instruction for
literacy coaches who--
``(i) train classroom teachers to implement literacy
programs; or
``(ii) tutor students with intense individualized reading,
writing, and subject matter instruction during or beyond the
school day;
``(B) develops or redesigns rigorous evidenced-based
reading curricula that are aligned with challenging State
academic content standards, as required under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965, and with postsecondary standards for reading and
writing;
``(C) provides opportunities for teachers to plan and
assess instruction with other teachers, school leaders, and
faculty at institutions of higher education;
``(D) provides training and professional development for
principals to prepare them to understand the teaching of
reading, guide instruction, and foster school improvement;
and
``(E) establishes an evaluation and accountability plan for
activities conducted under this paragraph to measure the
impact of such activities.
``(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency program
shall carry out a program that includes all of the following
activities:
``(A) Supporting a teaching residency program described in
paragraph (2) for high-need subjects and areas, as determined
by the needs of the high-need local educational agency in the
partnership.
``(B) Modifying staffing procedures to provide greater
flexibility for local educational agency and school leaders
to establish effective school-level staffing in order to
facilitate placement of graduates of the teaching residency
program in cohorts that facilitate professional
collaboration, both among graduates of the teaching residency
program and between such graduates and mentor teachers in the
receiving school.
``(C) Ensuring that teaching residents that participated in
the teaching residency program receive--
``(i) effective pre-service preparation as described in
paragraph (2);
``(ii) teacher mentoring;
``(iii) induction through the induction program as the
teaching residents enter the classroom as new teachers; and
``(iv) the preparation described in subparagraphs (A), (B),
and (C) of subsection (d)(2).
``(2) Teaching residency programs.--
``(A) Establishment and design.--A teaching residency
program under this subsection shall be a program based upon
models of successful teaching residencies that serves as a
mechanism to prepare teachers for success in the high-need
schools in the eligible partnership, and shall be designed to
include the following characteristics of successful programs:
``(i) The integration of pedagogy, classroom practice, and
teacher mentoring.
``(ii) Engagement of teaching residents in rigorous
graduate-level course work to earn a master's degree while
undertaking a guided teaching apprenticeship.
``(iii) Experience and learning opportunities alongside a
trained and experienced mentor teacher--
``(I) whose teaching shall complement the residency program
so that classroom clinical practice is tightly aligned with
course work;
``(II) who shall have extra responsibilities as a teacher
leader of the teaching residency program, as a mentor for
residents, and as a teacher coach during the induction
program for novice teachers, and for establishing, within the
program, a learning community in which all individuals are
expected to continually improve their capacity to advance
student learning; and
``(III) who may have full relief from teaching duties as a
result of such additional responsibilities.
``(iv) The establishment of clear criteria for the
selection of mentor teachers based on measures of teacher
effectiveness and the appropriate subject area knowledge.
Evaluation of teacher effectiveness shall be based on
observations of such domains of teaching as the following:
``(I) Planning and preparation, including demonstrated
knowledge of content, pedagogy, and assessment, including the
use of formative assessments to improve student learning.
``(II) Appropriate instruction that engages students with
different learning styles, including students with
disabilities.
``(III) Collaboration with colleagues to improve
instruction.
``(IV) Analysis of gains in student learning, based on
multiple measures, that, when feasible, may include valid and
reliable objective measures of the influence of teachers on
the rate of student academic progress.
``(V) In the case of mentor candidates who will be
mentoring current or future literacy and mathematics coaches
or instructors, appropriate skills in the essential
components of reading instruction, teacher training in
literacy instructional strategies across core subject areas,
and teacher training in mathematics instructional strategies,
as appropriate.
``(v) Grouping of teaching residents in cohorts to
facilitate professional collaboration among such residents.
``(vi) The development of admissions goals and priorities
aligned with the hiring objectives of the local educational
agency partnering with the program, as well as the
instructional initiatives and curriculum of the agency, in
exchange for a commitment by the agency to hire graduates
from the teaching residency program.
``(vii) Support for residents, once the teaching residents
are hired as teachers of record, through an induction
program, professional development, and networking
opportunities to support the residents through not less than
the residents' first 2 years of teaching.
``(viii) Admission goals and priorities which may include
consideration of applicants who reflect the communities in
which they will teach as well as consideration of individuals
from underrepresented populations in the teaching profession.
``(B) Selection of individuals as teacher residents.--
``(i) Eligible individual.--In order to be eligible to be a
teacher resident in a teaching residency program under this
subsection, an individual shall--
``(I) be a recent graduate of a 4-year institution of
higher education or a mid-career professional from outside
the field of education possessing strong content knowledge or
a record of professional accomplishment; and
``(II) submit an application to the teaching residency
program.
``(ii) Selection criteria.--An eligible partnership
carrying out a teaching residency program under this
subsection shall establish criteria for the selection of
eligible individuals to participate in the teaching residency
program based on the following characteristics:
``(I) Strong content knowledge or record of accomplishment
in the field or subject area to be taught.
``(II) Strong verbal and written communication skills,
which may be demonstrated by performance on appropriate
tests.
``(III) Other attributes linked to effective teaching,
which may be determined by interviews or performance
assessments, as specified by the eligible partnership.
``(C) Stipend and service requirement.--
``(i) Stipend.--A teaching residency program under this
paragraph shall provide a 1-year living stipend or salary to
teaching residents during the 1-year teaching residency
program.
``(ii) Service requirement.--As a condition of receiving a
stipend under this subparagraph, a teaching resident shall
agree to teach in a high-need school served by the high-need
local educational agency in the eligible partnership for a
period of 3 or more years after completing the 1-year
teaching residency program.
``(iii) Repayment.--If a teaching resident who received a
stipend under this subparagraph does not complete the service
requirement described in clause (ii), such individual shall
repay to the high-need local educational agency a pro rata
portion of the stipend amount for the amount of teaching time
that the individual did not complete.
``(f) Partnership Grants for the Development of Leadership
Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective leadership program shall
carry out a program that includes all of the following
activities:
``(A) Preparing students currently enrolled or preparing to
enroll in education administration programs in preparation
for careers as superintendents, principals, or other school
administrators (including students preparing to work in rural
school districts who may perform multiple duties in addition
to the role of administrator).
``(B) Promoting strong administrative skills and, as
applicable, techniques for education administrators to
improve the school environment and effectively manage
schools.
``(C) Ensuring that students who participate in the
leadership program receive--
``(i) effective pre-service preparation as described in
subparagraph (D); and
``(ii) mentoring by educational administrators.
``(D) Developing and improving a sustained and high-quality
pre-service clinical education program to further develop the
leadership skills of all prospective educational
administrators involved in the program. Such program shall do
the following:
``(i) Incorporate year-long opportunities for enrichment
activity or a combination of activities, including--
``(I) clinical learning in high-need schools served by the
high-need local educational agency in the eligible
partnership and identified by the eligible partnership; and
``(II) closely supervised interaction between faculty and
new and experienced teachers, principals, and other
administrators in high-need schools served by the high-need
local educational agency in the eligible partnership and
identified by the eligible partnership.
``(ii) Integrate pedagogy and practice and promote
effective administrative skills for meeting the unique needs
of rural and geographically isolated communities.
``(iii) Educational administrator mentoring.
``(E) Creating an induction program for new administrators.
``(F) Developing and implementing effective mechanisms to
ensure that the eligible partnership is able to recruit
qualified individuals to become educational administrators
through the activities of the eligible partnership, which may
include an emphasis on recruiting into the education
administration profession--
[[Page H673]]
``(i) underrepresented populations;
``(ii) individuals to serve as superintendents, principals,
or other school administrators in rural and geographically
isolated communities and shortage areas designated by the
Secretary; or
``(iii) mid-career professionals from other occupations,
former military personnel, and recent college graduates with
proven records of academic distinction.
``(2) Selection of individuals for the leadership
program.--In order to be eligible for the leadership program
under this subsection, an individual shall--
``(A) be enrolled in or preparing to enroll in an
institution of higher education, or a recent graduate of an
institution of higher education, or a mid-career professional
from outside the field of education possessing strong content
knowledge or a record of professional accomplishment;
``(B) be current teachers who would like to become
principals or principals who would like to be
superintendents; and
``(C) submit an application to the leadership program.
``(g) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall occur
among all members of the eligible partnership, including the
high-need local educational agency. Such communication shall
continue throughout the implementation of the grant and the
assessment of programs and activities under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities of a grant under this section only if a
written consent signed by all members of the eligible
partnership is submitted to the Secretary.
``(h) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using
grant funds to coordinate with the activities of eligible
partnerships in other States or on a regional basis through
Governors, State boards of education, State educational
agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for
higher education.
``(i) Supplement, Not Supplant.--Funds made available to
carry out this section shall be used to supplement, and not
supplant, other Federal, State, and local funds that would
otherwise be expended to carry out activities under this
section.
``SEC. 203. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--A grant awarded under this part shall be
awarded for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period. Nothing in
this title shall be construed to prohibit an individual
member, that can demonstrate need, of an eligible partnership
that receives a grant under this title from entering into
another eligible partnership consisting of new members and
receiving a grant with such other eligible partnership before
the 5-year period described in the preceding sentence
applicable to the eligible partnership with which the
individual member has first partnered has expired.
``(3) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding
or for disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall give
priority--
``(A) to partnerships that include an institution of higher
education whose teacher preparation program has a rigorous
selection process to ensure the highest quality of students
entering such programs; and
``(B)(i) to applications from broad-based eligible
partnerships that involve businesses and community
organizations; or
``(ii) to eligible partnerships so that the awards promote
an equitable geographic distribution of grants among rural
and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of the
grants. In determining the grant amount, the Secretary shall
take into account the total amount of funds available for all
grants under this part and the types of activities proposed
to be carried out by the eligible partnership.
``(c) Matching Requirements.--
``(1) In general.--Each eligible partnership receiving a
grant under this part shall provide, from non-Federal
sources, an amount equal to 100 percent of the amount of the
grant, which may be provided in cash or in-kind, to carry out
the activities supported by the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any
fiscal year for an eligible partnership, if the Secretary
determines that applying the matching requirement to the
eligible partnership would result in serious hardship or an
inability to carry out the authorized activities described in
this part.
``(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not
more than 2 percent of the grant funds for purposes of
administering the grant.
``SEC. 204. ACCOUNTABILITY AND EVALUATION.
``(a) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under this
part shall establish and include in such application an
evaluation plan that includes strong performance objectives.
The plan shall include objectives and measures for
increasing--
``(1) student achievement for all students as measured by
the eligible partnership;
``(2) teacher retention in the first 3 years of a teacher's
career;
``(3) improvement in the pass rates and scaled scores for
initial State certification or licensure of teachers; and
``(4)(A) the percentage of highly qualified teachers hired
by the high-need local educational agency participating in
the eligible partnership;
``(B) the percentage of such teachers who are members of
underrepresented groups;
``(C) the percentage of such teachers who teach high-need
academic subject areas (such as reading, mathematics,
science, and foreign languages, including less commonly
taught languages and critical foreign languages);
``(D) the percentage of such teachers who teach in high-
need areas (including special education, language instruction
educational programs for limited English proficient students,
and early childhood education);
``(E) the percentage of such teachers in high-need schools,
disaggregated by the elementary, middle, and high school
levels;
``(F) as applicable, the percentage of early childhood
education program classes in the geographic area served by
the eligible partnership taught by early childhood educators
who are highly competent; and
``(G) as applicable, the number of teachers trained
effectively to integrate technology into curricula and
instruction and who use technology to collect, manage, and
analyze data to improve teaching, learning, and decision
making for the purpose of improving student academic
achievement.
``(b) Information.--An eligible partnership receiving a
grant under this part shall ensure that teachers, principals,
school superintendents, and faculty and leadership at
institutions of higher education located in the geographic
areas served by the eligible partnership are provided
information about the activities carried out with funds under
this part, including through electronic means.
``(c) Revocation of Grant.--If the Secretary determines
that an eligible partnership receiving a grant under this
part is not making substantial progress in meeting the
purposes, goals, objectives, and measures, as appropriate, of
the grant by the end of the third year of a grant under this
part, then the Secretary shall require such eligible
partnership to submit a revised application that identifies
the steps the partnership will take to make substantial
progress to meet the purposes, goals, objectives, and
measures, as appropriate, of this part.
``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
findings regarding the evaluation of such activities to the
authorizing committees. The Secretary shall broadly
disseminate--
``(1) successful practices developed by eligible
partnerships under this part; and
``(2) information regarding such practices that were found
to be ineffective.
``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
``(a) Institutional and Program Report Cards on the Quality
of Teacher Preparation.--
``(1) Report card.--Each institution of higher education
that conducts a traditional teacher preparation program or
alternative routes to State certification or licensure
program and that enrolls students receiving Federal
assistance under this Act shall report annually to the State
and the general public, in a uniform and comprehensible
manner that conforms with the definitions and methods
established by the Secretary, both for traditional teacher
preparation programs and alternative routes to State
certification or licensure programs, the following
information:
``(A) Pass rates and scaled scores.--For the most recent
year for which the information is available for those
students who took the assessments and are enrolled in the
traditional teacher preparation program or alternative routes
to State certification or licensure program, and for those
who have taken the assessments and have completed the
traditional teacher preparation program or alternative routes
to State certification or licensure program during the 2-year
period preceding such year, for each of the assessments used
for teacher certification or licensure by the State in which
the program is located--
``(i) the percentage of students who have completed 100
percent of the nonclinical course work and taken the
assessment who pass such assessment;
``(ii) the percentage of all such students who passed each
such assessment;
``(iii) the percentage of students taking an assessment who
enrolled in and completed the teacher preparation program;
``(iv) the average scaled score for all students who took
each such assessment;
``(v) a comparison of the program's pass rates with the
average pass rates for programs in the State; and
``(vi) a comparison of the program's average scaled scores
with the average scaled scores for programs in the State.
``(B) Program information.--The criteria for admission into
the program, the number of students in the program
(disaggregated by race,
[[Page H674]]
ethnicity, and gender), the average number of hours of
supervised clinical experience required for those in the
program, the number of full-time equivalent faculty and
students in the supervised clinical experience, and the total
number of students who have been certified or licensed as
teachers, disaggregated by subject and area of certification
or licensure.
``(C) Statement.--In States that require approval or
accreditation of teacher preparation programs, a statement of
whether the institution's program is so approved or
accredited, and by whom.
``(D) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 208(a).
``(E) Use of technology.--A description of the activities
that prepare teachers to effectively integrate technology
into curricula and instruction and effectively use technology
to collect, manage, and analyze data in order to improve
teaching, learning, and decision making for the purpose of
increasing student academic achievement.
``(F) Teacher training.--A description of the activities
that prepare general and special education teachers to
effectively teach students with disabilities, including
training related to participation as a member of
individualized education program teams, as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education
Act, and to effectively teach students with limited English
proficiency.
``(2) Report.--Each eligible partnership receiving a grant
under section 202 shall report annually on the progress of
the eligible partnership toward meeting the purposes of this
part and the objectives and measures described in section
204(a).
``(3) Fines.--The Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(4) Special rule.--In the case of an institution of
higher education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and has fewer than 10
scores reported on any single initial teacher certification
or licensure assessment during an academic year, the
institution shall collect and publish information, as
required under paragraph (1)(A), with respect to an average
pass rate and scaled score on each State certification or
licensure assessment taken over a 3-year period.
``(b) State Report Card on the Quality of Teacher
Preparation.--
``(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, annually, in a
uniform and comprehensible manner that conforms with the
definitions and methods established by the Secretary, a State
report card on the quality of teacher preparation in the
State, both for traditional teacher preparation programs and
for alternative routes to State certification or licensure
programs, which shall include not less than the following:
``(A) A description of the reliability and validity of the
teacher certification and licensure assessments, and any
other certification and licensure requirements, used by the
State.
``(B) The standards and criteria that prospective teachers
must meet to attain initial teacher certification or
licensure and to be certified or licensed to teach particular
academic subject areas or in particular grades within the
State.
``(C) A description of how the assessments and requirements
described in subparagraph (A) are aligned with the State's
challenging academic content standards required under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and State early learning standards for early childhood
education programs.
``(D) For each of the assessments used by the State for
teacher certification or licensure--
``(i) for each institution of higher education located in
the State and each entity located in the State that offers an
alternative route for teacher certification or licensure, the
percentage of students at such institution or entity who have
completed 100 percent of the nonclinical course work and
taken the assessment who pass such assessment;
``(ii) the percentage of all such students at all such
institutions taking the assessment who pass such assessment;
and
``(iii) the percentage of students taking an assessment who
enrolled in and completed the teacher preparation program.
``(E) A description of alternative routes to teacher
certification or licensure in the State (including any such
routes operated by entities that are not institutions of
higher education), if any, including, for each of the
assessments used by the State for teacher certification or
licensure--
``(i) the percentage of individuals participating in such
routes, or who have completed such routes during the 2-year
period preceding the date of the determination, who passed
each such assessment; and
``(ii) the average scaled score of individuals
participating in such routes, or who have completed such
routes during the period preceding the date of the
determination, who took each such assessment.
``(F) A description of the State's criteria for assessing
the performance of teacher preparation programs within
institutions of higher education in the State. Such criteria
shall include indicators of the academic content knowledge
and teaching skills of students enrolled in such programs.
``(G) For each teacher preparation program in the State,
the criteria for admission into the program, the number of
students in the program, disaggregated by race, ethnicity,
and gender (except that such disaggregation shall not be
required in a case in which the number of students in a
category is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student), the
average number of hours of supervised clinical experience
required for those in the program, and the number of full-
time equivalent faculty, adjunct faculty, and students in
supervised clinical experience.
``(H) For the State as a whole, and for each teacher
preparation program in the State, the number of teachers
prepared, in the aggregate and reported separately by--
``(i) area of certification or licensure;
``(ii) academic major; and
``(iii) subject area for which the teacher has been
prepared to teach.
``(I) Using the data generated under subparagraphs (G) and
(H), a description of the extent to which teacher preparation
programs are helping to address shortages of highly qualified
teachers, by area of certification or licensure, subject, and
specialty, in the State's public schools.
``(J) A description of the activities that prepare general
and special education teachers to effectively teach students
with disabilities, including training related to
participation as a member of individualized education program
teams, as defined in section 614(d)(1)(B) of the Individuals
with Disabilities Education Act.
``(K) A description of the activities that prepare teachers
to effectively integrate technology into curricula and
instruction and effectively use technology to collect,
manage, and analyze data to improve teaching, learning, and
decision making for the purpose of increasing student
academic achievement.
``(L) A description of the activities that prepare general
education and special education teachers to effectively teach
students with limited English proficiency.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the scaled scores
provided under this subsection.
``(c) Data Quality.--The Secretary shall prescribe
regulations requiring practices and procedures to ensure the
reliability, validity, integrity, and accuracy of the data
submitted pursuant to this section.
``(d) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report
card on teacher qualifications and preparation in the United
States, including all the information reported in
subparagraphs (A) through (L) of subsection (b)(1). Such
report shall identify States for which eligible partnerships
received a grant under this part. Such report shall be so
provided, published, and made available annually.
``(2) Report to congress.--The Secretary shall prepare and
submit a report to Congress that contains the following:
``(A) A comparison of States' efforts to improve the
quality of the current and future teaching force.
``(B) A comparison of eligible partnerships' efforts to
improve the quality of the current and future teaching force.
``(C) The national mean and median scaled scores and pass
rate on any standardized test that is used in more than 1
State for teacher certification or licensure.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than 10 scores reported on any single
initial teacher certification or licensure assessment during
an academic year, the Secretary shall collect and publish
information, and make publicly available, with respect to an
average pass rate and scaled score on each State
certification or licensure assessment taken over a 3-year
period.
``(e) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this part among States for individuals who
took State teacher certification or licensure assessments in
a State other than the State in which the individual received
the individual's most recent degree.
``SEC. 206. TEACHER DEVELOPMENT.
``(a) Annual Goals.--As a condition of receiving assistance
under title IV, each institution of higher education that
conducts a traditional teacher preparation program (including
programs that offer any ongoing professional development
programs) or alternative routes to State certification or
licensure program, and that enrolls students receiving
Federal assistance under this Act, shall set annual
quantifiable goals for--
``(1) increasing the number of prospective teachers trained
in teacher shortage areas designated by the Secretary,
including mathematics, science, special education, and
instruction of limited English proficient students; and
``(2) more closely linking the training provided by the
institution with the needs of schools and the instructional
decisions new teachers face in the classroom.
``(b) Assurance.--As a condition of receiving assistance
under title IV, each institution described in subsection (a)
shall provide an assurance to the Secretary that--
``(1) training provided to prospective teachers responds to
the identified needs of the local educational agencies or
States where the institution's graduates are likely to teach,
based on past hiring and recruitment trends;
``(2) prospective special education teachers receive course
work in core academic subjects and receive training in
providing instruction in core academic subjects;
``(3) general education teachers receive training in
providing instruction to diverse populations, including
children with disabilities, limited English proficient
students, and children from low-income families; and
[[Page H675]]
``(4) prospective teachers receive training on how to
effectively teach in urban and rural schools.
``(c) Public Reporting.--As part of the annual report card
required under section 205(a)(1), an institution of higher
education described in subsection (a) shall publicly report
whether the goals established under such subsection have been
met.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall have in place a procedure to conduct
an assessment to identify and assist, through the provision
of technical assistance, low-performing programs of teacher
preparation. Such State shall provide the Secretary an annual
list of such low-performing teacher preparation programs that
includes an identification of those programs at risk of being
placed on such list. Such assessment shall be described in
the report under section 205(b). Levels of performance shall
be determined solely by the State and may include criteria
based on information collected pursuant to this part
including progress in meeting the goals of--
``(1) increasing the percentage of highly qualified
teachers in the State, including increasing professional
development opportunities;
``(2) improving student achievement for all students; and
``(3) raising the standards for entry into the teaching
profession.
``(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's
approval, or terminated the State's financial support, due to
the low performance of the program based upon the State
assessment described in subsection (a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) shall not be permitted to accept or enroll any
student that receives aid under title IV in the institution's
teacher preparation program; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled at the
institution at the time of termination of financial support
or withdrawal of approval.
``(c) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (b)(2), the Secretary
shall submit such proposed regulations to a negotiated
rulemaking process, which shall include representatives of
States, institutions of higher education, and educational and
student organizations.
``(d) Application of the Requirements.--The requirements of
this section shall apply to both traditional teacher
preparation programs and alternative routes to State
certification and licensure programs.
``SEC. 208. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 205 and 207, the
Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and
that the reporting methods do not allow identification of
individuals.
``(b) Special Rule.--For each State that does not use
content assessments as a means of ensuring that all teachers
teaching in core academic subjects within the State are
highly qualified, as required under section 1119 of the
Elementary and Secondary Education Act of 1965 and in
accordance with the State plan submitted or revised under
section 1111 of such Act, or that each person employed as a
special education teacher in the State who teaches elementary
school, middle school, or secondary school is highly
qualified by the deadline, as required under section
612(a)(14)(C) of the Individuals with Disabilities Education
Act,--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of
higher education, or other entities that administer such
assessments to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of
this part related to assessments, pass rates, and scaled
scores.
``(c) Release of Information to Teacher Preparation
Programs.--
``(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency that
receives funds under this Act, or that participates as a
member of a partnership, consortium, or other entity that
receives such funds, shall provide to a teacher preparation
program, upon the request of the teacher preparation program,
any and all pertinent education-related information that--
``(A) may enable the teacher preparation program to
evaluate the effectiveness of the program's graduates or the
program itself; and
``(B) is possessed, controlled, or accessible by the State
educational agency.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the teacher preparation
program to enable the teacher preparation program to evaluate
the information provided to the program from the State
educational agency with the program's own data about the
specific courses taken by, and field experiences of, the
individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12 academic achievement
and demographic data, without revealing personally
identifiable information about an individual student, for
students who have been taught by graduates of the teacher
preparation program; and
``(ii) teacher effectiveness evaluations for teachers who
graduated from the teacher preparation program.
``(d) Limitations.--
``(1) Federal control prohibited.--Nothing in this part
shall be construed to permit, allow, encourage, or authorize
any Federal control over any aspect of any private,
religious, or home school (whether or not a home school is
treated as a private school or home school under State law).
This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or
services under this part.
``(2) No change in state control encouraged or required.--
Nothing in this part shall be construed to encourage or
require any change in a State's treatment of any private,
religious, or home school (whether or not a home school is
treated as a private school or home school under State law).
``(3) National system of teacher certification
prohibited.--Nothing in this part shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $300,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the 2 succeeding fiscal years.
``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS
``SEC. 221. PROGRAM AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with, eligible consortia to pay the Federal share
of the costs of projects to--
``(1) graduate teacher candidates who are prepared to use
modern information, communication, and learning tools to--
``(A) improve student learning, assessment, and learning
management; and
``(B) help students develop skills to enter the workforce;
``(2) strengthen and develop partnerships among the
stakeholders in teacher preparation to transform teacher
education and ensure technology rich learning environments
throughout a teacher candidate's pre-service education,
including clinical experiences; and
``(3) assess the effectiveness of departments, schools, and
colleges of education at institutions of higher education in
preparing teacher candidates for successful implementation of
technology-rich teaching-learning environments that enable
kindergarten through grade 12 students to develop skills to
enter the workforce.
``(b) Amount and Duration.--A grant, contract, or
cooperative agreement under this part--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a 3-year period; and
``(3) may be renewed for one additional year.
``(c) Non-Federal Share Requirement.--The Federal share of
the cost of any project funded under this part shall not
exceed 75 percent. The non-Federal share of the cost of such
project may be provided in cash or in kind, fairly evaluated,
including services.
``(d) Definition of Eligible Consortium.--In this part, the
term `eligible consortium' means a consortium of members that
includes the following:
``(1) At least one institution of higher education that
awards baccalaureate degrees and prepares teachers for
initial entry into teaching.
``(2) At least one State educational agency or local
educational agency.
``(3) A department, school, or college of education at an
institution of higher education.
``(4) A department, school, or college of arts and sciences
at an institution of higher education.
``(5) At least one entity with the capacity to contribute
to the technology-related reform of teacher preparation
programs, which may be a professional association,
foundation, museum, library, for-profit business, public or
private nonprofit organization, community-based organization,
or other entity.
``SEC. 222. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a
grant or enters into a contract or cooperative agreement
under this part shall use funds made available under this
part to carry out a project that--
``(1) develops long-term partnerships among members of the
consortium that are focused on effective teaching with modern
digital tools and content that substantially connect pre-
service preparation of teacher candidates with high-needs
schools; or
``(2) transforms the way departments, schools, and colleges
of education teach classroom technology integration,
including the principles of universal design, to teacher
candidates.
``(b) Uses of Funds for Partnership Grants.--In carrying
out a project under subsection (a)(1), an eligible consortium
shall--
``(1) provide teacher candidates, early in their
preparation, with field experiences in educational settings
with technology;
``(2) build the skills of teacher candidates to support
technology-rich instruction, assessment and learning
management in content areas, technology literacy, an
understanding of the principles of universal design, and the
development of other skills for entering the workforce;
``(3) provide professional technology development for
teachers, administrators, and content specialists who
participate in field placement;
``(4) provide professional development of technology
pedagogical skills for faculty of departments, schools, and
colleges of education and arts and sciences;
``(5) implement strategies for the mentoring of teacher
candidates with respect to technology implementation by
members of the consortium;
``(6) evaluate teacher candidates during the first years of
teaching to fully assess outcomes of the project;
[[Page H676]]
``(7) build collaborative learning communities for
technology integration within the consortium to sustain
meaningful applications of technology in the classroom during
teacher preparation and early career practice; and
``(8) evaluate the effectiveness of the project.
``(c) Uses of Funds for Transformation Grants.--In carrying
out a project under subsection (a)(2), an eligible consortium
shall--
``(1) redesign curriculum to require collaboration between
the department, school, or college of education faculty and
the department, school, or college of arts and sciences
faculty who teach content or methods courses for training
teacher candidates;
``(2) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and science faculty and academic content
specialists at the local educational agency to educate pre-
service teachers who can integrate technology and pedagogical
skills in content areas;
``(3) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and sciences faculty who teach courses to
pre-service teachers to--
``(A) develop and implement a plan for pre-service teachers
and continuing educators that demonstrates effective
instructional strategies and application of such strategies
in the use of digital tools to transform the teaching and
learning process; and
``(B) better reach underrepresented pre-service teacher
populations with programs that connect such pre-service
teacher populations with applications of technology;
``(4) collaborate among faculty and students to create and
disseminate case studies of technology applications in
classroom settings with a goal of improving student
achievement in high-need schools;
``(5) provide additional technology resources for pre-
service teachers to plan and implement technology
applications in classroom settings that provide evidence of
student learning; and
``(6) bring together expertise from departments, schools,
or colleges of education, arts and science faculty, and
academic content specialists at the local educational agency
to share and disseminate technology applications in the
classroom through teacher preparation and into early career
practice.
``SEC. 223. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a
contract or cooperative agreement under this part, an
eligible consortium shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include the following:
``(1) A description of the project to be carried out with
the grant, including how the project will--
``(A) develop a long-term partnership focused on effective
teaching with modern digital tools and content that
substantially connects pre-service preparation of teacher
candidates with high-need schools; or
``(B) transform the way departments, schools, and colleges
of education teach classroom technology integration,
including the principles of universal design, to teacher
candidates.
``(2) A demonstration of--
``(A) the commitment, including the financial commitment,
of each of the members of the consortium for the proposed
project; and
``(B) the support of the leadership of each organization
that is a member of the consortium for the proposed project.
``(3) A description of how each member of the consortium
will participate in the project.
``(4) A description of how the State or local educational
agency will incorporate the project into the agency's
technology plan, if such a plan already exists.
``(5) A description of how the project will be continued
after Federal funds are no longer available under this part
for the project.
``(6) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific
project objectives.
``SEC. 224. EVALUATION.
``Not less than 10 percent of the funds awarded to an
eligible consortium to carry out a project under this part
shall be used to evaluate the effectiveness of such project.
``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $100,000,000 to
carry out this part for fiscal year 2009 and such sums as may
be necessary for each of the 2 succeeding fiscal years.
``PART C--ENHANCING TEACHER EDUCATION
``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal year 2009 and
each of the 4 succeeding fiscal years.
``Subpart 1--Recruiting Teachers With Math, Science, or Language Majors
``SEC. 241. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--From the amounts appropriated
under section 240, the Secretary shall make competitive
grants to institutions of higher education to improve the
availability, recruitment, and retention of teachers from
among students majoring in mathematics, science, foreign
languages, special education, or teaching the English
language to students who are limited English proficient, or
to a combination of students majoring in such subjects. In
making such grants, the Secretary shall give priority to
institutions of higher education with programs that--
``(1) focus on preparing and retaining teachers in subjects
in which there is a shortage of highly qualified teachers and
that prepare students to teach in high-need schools; and
``(2) include plans to seek matching funds from other
governmental and non-governmental sources.
``(b) Application.--Any institution of higher education
desiring to receive a grant under this subpart shall submit
to the Secretary an application at such time, in such form,
and containing such information and assurances as the
Secretary may require, including--
``(1) the number of students who graduated from the
institution in the preceding year with the qualifications
necessary to be teachers with expertise in mathematics,
science, a foreign language, special education, or teaching
limited English proficient individuals; and
``(2) a goal and timeline for increasing the number of such
teachers who graduate from the institution.
``(c) Use of Funds.--Grant funds made available under this
subpart--
``(1) shall be used to create and provide new recruitment
incentives to encourage students who are planning to pursue
other careers to pursue careers in teaching, with an emphasis
on recruiting students who are majoring in high-need subjects
such as mathematics, science, foreign languages, and special
education, and areas relevant to teaching the English
language to students who are limited English proficient;
``(2) may be used to upgrade curriculum to provide all
students studying to become teachers with high-quality
instructional strategies for teaching reading and teaching
the English language to students who are limited English
proficient, and for adopting, modifying, and differentiating
instruction to teach students with disabilities;
``(3) may be used to integrate department, school, or
college of education faculty with other arts and science
faculty in mathematics, science, foreign languages, special
education, and teaching the English language to students who
are limited English proficient through steps such as--
``(A) dual appointments for faculty between departments,
schools, or colleges of education and departments, schools,
or colleges of arts and science; and
``(B) integrating course work with clinical experience;
``(4) may be used to develop strategic plans between
departments, schools, or colleges of education and local
school districts to better prepare teachers for high-need
schools, including the creation of professional development
partnerships for training new teachers in state-of-the-art
teaching practices; and
``(5) may be used to develop or enhance programs aimed at
retaining teachers in high-need subjects such as mathematics,
science, foreign languages, special education, and teaching
the English language to students who are limited English
proficient, and may include providing scholarship assistance
to current teachers to upgrade their skills.
``Subpart 2--Community Colleges as Partners in Teacher Education Grants
``SEC. 251. GRANTS TO COMMUNITY COLLEGES.
``(a) Program Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible entities to
assist such entities with--
``(1) establishing or enhancing teacher education programs
at community colleges that--
``(A) include content and pedagogical training; and
``(B) are aligned with 4-year college and university
teacher education programs to ensure a seemless transition
for students from community colleges to 4-year institutions;
``(2) establishing or enhancing post baccalaureate
certification programs offered at community colleges;
``(3) developing and delivering a rigorous program of study
for students interested in a career in teaching; and
``(4) developing and delivering professional development
for teachers to ensure their continued education and
professional growth.
``(b) Authorized Uses of Funds.--Grant funds provided under
this subpart shall be used to carry out the activities
described in subsection (a), and may be used to--
``(1) develop curriculum for teacher education programs and
post baccalaureate certification programs at community
colleges;
``(2) establish or enhance clinical experiences for
students in such teacher education programs and post
baccalaureate certification programs;
``(3) establish or enhance professional development
programs at community colleges that are available for
teachers;
``(4) develop new associate degree programs focused on
teacher preparation;
``(5) increase the alignment between community college
teacher education programs and 4-year college and university
teacher education programs, including articulation
agreements, common course numbering, and joint admission
programs;
``(6) recruit teacher candidates with the goal of
diversifying the teacher workforce;
``(7) prepare teachers for high-demand subject areas
including science, mathematics, technology, special
education, critical foreign languages, or the education of
limited English proficient individuals;
``(8) prepare teachers to teach in high-need schools;
``(9) increase coordination between teacher education
programs and departments, schools, or colleges of arts and
sciences;
``(10) encourage teacher education and post baccalaureate
programs at times and in formats designed to make these
programs more accessible to certain student populations,
including mid-career professionals transitioning to teaching;
and
``(11) carry out other activities that aim to ensure that
well-qualified individuals enter into the teaching
profession.
[[Page H677]]
``(c) Eligible Entity.--For purposes of this subpart, the
term `eligible entity' means an individual community college
(or district of community colleges), a consortia of community
colleges, or a statewide community college system that, for
the purposes of carrying out activities under this subpart,
has entered into a partnership with--
``(1) a four-year institution of higher education with a
teacher education program, or a consortia of such
institutions; and
``(2) at least one of the following:
``(A) The State agency that oversees teacher preparation or
higher education in the State.
``(B) One or more local educational agencies.
``(C) The State educational agency.
``(D) A professional organization representing teachers.
``(d) Application.--Each eligible entity desiring a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include--
``(1) an overview of the goals the eligible entity and its
partners plan to pursue upon receipt of a grant under this
subpart;
``(2) an identification of the institutions, agencies, or
organizations that have entered into a partnership with the
eligible entity to meet the requirements of subsection (c);
``(3) a description of how the eligible entity and its
partners will work to ensure a seemless transition for
students from community college to 4-year institutions;
``(4) an assurance by the eligible entity that students
will be provided with intensive support services, which may
include mentoring, academic and career support, and support
for students who are transitioning, or have transitioned,
from the community college to the 4-year institution; and
``(5) a description of the rigorous 2-year program of study
to be provided by the eligible entity, and a description of
how such program establishes a foundation for students to
enter into a qualified teacher preparation program at a 4-
year institution.
``(e) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to applications the goals of
which are to--
``(1) increase the diversification of the teacher workforce
by enrolling and retaining students from minority racial and
ethnic backgrounds and others underrepresented in the local
education workforce;
``(2) prepare teachers for high-demand subject areas
including science, mathematics, technology, special
education, critical foreign languages, or the education of
limited English proficient individuals; or
``(3) prepare teachers to enter into high-need schools.
``SEC. 252. DEFINITIONS.
``In this subpart:
``(1) Community college.--The term `community college' has
the same meaning given the term `junior or community college'
in section 313.
``(2) Four-year institution.--The term `4-year institution'
means an institution of higher education (as defined in
section 101(a)) that provides a 4-year program of instruction
for which the institution awards a bachelor's degree.
``(3) Qualified teacher preparation program.--The term
`qualified teacher preparation program' means an
undergraduate program for students at an institution of
higher education that--
``(A) encourages collaboration between faculty in education
and faculty in the relevant subject areas including, sciences
mathematics, and foreign languages to pursue content
coordination for courses taken frequently by students
preparing to be teachers;
``(B) offers support services, including mentoring,
exposure to and field experience in the classroom prior to
graduation, or other practices, for students while they are
in the program, and after graduation while working as
teachers; and
``(C) focuses on increasing the number of teachers for
high-demand subject areas.
``Subpart 3--Honorable Augustus F. Hawkins Centers of Excellence
``SEC. 261. DEFINITIONS.
``In this subpart:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education that has a teacher
preparation program that is a qualified teacher preparation
program under section 252, and that is--
``(i) a part B institution (as defined in section 322);
``(ii) a Hispanic-serving institution (as defined in
section 502);
``(iii) a Tribal College or University (as defined in
section 316);
``(iv) an Alaska Native-serving institution (as defined in
section 317(b));
``(v) a Native Hawaiian-serving institution (as defined in
section 317(b));
``(vi) a Predominantly Black Institution (as defined in
section 318(b));
``(vii) an Asian American and Pacific Islander-serving
institution (as defined in section 319(b)); or
``(viii) a Native American-serving non-tribal institution
(as defined in section 320(b));
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A), or a
consortium described in subparagraph (B), in partnership with
any other institution of higher education, but only if the
center of excellence established under section 262 is located
at an institution described in subparagraph (A).
``(2) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to
carry out this part, the Secretary is authorized to award
competitive grants to eligible institutions to establish
centers of excellence.
``(b) Use of Funds.--Grants provided by the Secretary under
this subpart shall be used to ensure that current and future
teachers are highly qualified, by carrying out one or more of
the following activities:
``(1) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand
scientifically valid research, and are able to use advanced
technology effectively in the classroom, including use for
instructional techniques to improve student academic
achievement, by--
``(A) retraining or recruiting faculty; and
``(B) designing (or redesigning) teacher preparation
programs that--
``(i) prepare teachers to close student achievement gaps,
and are based on rigorous academic content, scientifically
valid research (including scientifically based reading
research), and challenging State student academic content
standards; and
``(ii) promote strong teaching skills, as defined in
section 200(b).
``(2) Providing sustained and high-quality pre-service
clinical experience, including the mentoring of prospective
teachers by exemplary teachers, substantially increasing
interaction between faculty at institutions of higher
education and new and experienced teachers, principals, and
other administrators at elementary schools or secondary
schools, and providing support, including preparation time,
for such interaction.
``(3) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
including minority teachers and principals, including
programs that provide--
``(A) teacher or principal mentoring from exemplary
teachers or principals; or
``(B) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively.
``(4) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program.
``(5) Disseminating information on effective practices for
teacher preparation and successful teacher certification and
licensure assessment preparation strategies.
``(6) Activities authorized under section 202.
``(c) Application.--Any eligible institution desiring a
grant under this subpart shall submit an application to the
Secretary at such a time, in such a manner, and accompanied
by such information as the Secretary may require.
``(d) Minimum Grant Amount.--The minimum amount of each
grant under this subpart shall be $500,000.
``(e) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this subpart may not
use more than 2 percent of the grant funds for purposes of
administering the grant.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subpart.
``Subpart 4--Teach for America
``SEC. 271. TEACH FOR AMERICA.
``(a) Definitions.--
``(1) Grantee.--The term `grantee' means Teach For America,
Inc.
``(2) High need.--Notwithstanding section 200(b), the term
`high need', when used with respect to a local educational
agency, means a local educational agency experiencing a
shortage of highly qualified teachers.
``(b) Grants Authorized.--The Secretary is authorized to
award a grant to Teach For America, Inc., the national
teacher corps of outstanding recent college graduates who
commit to teach for 2 years in underserved communities in the
United States, to implement and expand its program of
recruiting, selecting, training, and supporting new teachers.
``(c) Requirements.--In carrying out the grant program
under subsection (b), the Secretary shall enter into an
agreement with the grantee under which the grantee agrees to
use the grant funds provided under this subpart to--
``(1) provide highly qualified teachers to high need local
educational agencies in urban and rural communities;
``(2) pay the costs of recruiting, selecting, training, and
supporting new teachers; and
``(3) serve a substantial number and percentage of
underserved students.
``(d) Authorized Activities.--
``(1) In general.--Grant funds provided under this subpart
shall be used by the grantee to carry out each of the
following activities:
``(A) Recruiting and selecting teachers through a highly
selective national process.
``(B) Providing pre-service training to such teachers
through a rigorous summer institute that includes hands-on
teaching experience and significant exposure to education
course work and theory.
``(C) Placing such teachers in schools and positions
designated by high need local educational agencies as high
need placements serving underserved students.
``(D) Providing ongoing professional development activities
for such teachers' first 2 years in the classroom, including
regular classroom observations and feedback, and ongoing
training and support.
``(2) Limitation.--The grantee shall use all grant funds
received under this subpart to support activities related
directly to the recruitment, selection, training, and support
of teachers as described in paragraph (1).
[[Page H678]]
``(e) Reports and Evaluations.--
``(1) Annual report.--The grantee shall provide to the
Secretary an annual report that includes--
``(A) data on the number and quality of the teachers
provided to local educational agencies through a grant under
this subpart;
``(B) an externally conducted analysis of the satisfaction
of local educational agencies and principals with the
teachers so provided; and
``(C) comprehensive data on the background of the teachers
chosen, the training such teachers received, the placement
sites of such teachers, the professional development of such
teachers, and the retention of such teachers.
``(2) Study.--
``(A) In general.--From funds appropriated under section
240, the Secretary shall provide for a study that examines
the achievement levels of the students taught by the teachers
assisted under this subpart.
``(B) Achievement gains compared.--The study shall compare,
within the same schools, the achievement gains made by
students taught by teachers who are assisted under this
subpart with the achievement gains made by students taught by
teachers who are not assisted under this subpart.
``(3) Requirements.--The Secretary shall provide for such a
study not less than once every 3 years, and each such study
shall include multiple placement sites and multiple schools
within placement sites.
``(4) Peer review standards.--Each such study shall meet
the peer review standards of the education research
community.
``Subpart 5--Early Childhood Education Professional Development and
Career Task Force
``SEC. 281. PURPOSE.
``It is the purpose of this subpart--
``(1) to improve the quality of the early childhood
education workforce by creating a statewide early childhood
education professional development and career task force for
early childhood education program staff, directors, and
administrators; and
``(2) to create--
``(A) a coherent system of core competencies, pathways to
qualifications, credentials, degrees, quality assurances,
access, and outreach, for early childhood education program
staff, directors, and administrators, that is linked to
compensation commensurate with experience and qualifications;
``(B) articulation agreements that enable early childhood
education professionals to transition easily among degrees;
and
``(C) compensation initiatives for individuals working in
an early childhood education program that reflect the
individuals' credentials, degrees, and experience.
``SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this subpart, the term `early childhood education
program' means--
``(1) a family child care program, center-based child care
program, State prekindergarten program, or school-based
program, that--
``(A) provides early childhood education;
``(B) uses developmentally appropriate practices;
``(C) is licensed or regulated by the State; and
``(D) serves children from birth through age 5;
``(2) a Head Start Program carried out under the Head Start
Act;
``(3) an Early Head Start Program carried out under section
645A of the Head Start Act; or
``(4) a program authorized under section 619 or part C of
the Individuals with Disabilities Education Act.
``SEC. 283. GRANTS AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to States in accordance with the provisions of this
subpart to enable such States--
``(1) to establish a State Task Force described in section
284; and
``(2) to support activities of the State Task Force
described in section 285.
``(b) Competitive Basis.--Grants under this subpart shall
be awarded on a competitive basis.
``(c) Equitable Geographic Distribution.--In awarding
grants under this subpart, the Secretary shall take into
consideration providing an equitable geographic distribution
of such grants.
``(d) Duration.--Grants under this subpart shall be awarded
for a period of 3 years.
``SEC. 284. STATE TASK FORCE ESTABLISHMENT.
``(a) State Task Force Established.--The Governor of a
State receiving a grant under this subpart shall establish,
or designate an existing entity to serve as, the State Early
Childhood Education Professional Development and Career Task
Force (hereafter in this subpart referred to as the `State
Task Force').
``(b) Membership.--The State Task Force shall include a
representative of a State educational agency, an institution
of higher education (including an associate or a
baccalaureate degree granting institution of higher
education), an early childhood education program, a nonprofit
early childhood organization, a statewide early childhood
workforce scholarship or supplemental initiative, and any
other entity or individual the Governor determines
appropriate.
``SEC. 285. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with existing
State Advisory Councils on Early Care and Education or a
similar State entity charged with creating a comprehensive
system of early care and education in the State (hereafter in
this subpart referred to as `State Advisory Councils') for
the purposes of--
``(A) integrating recommendations for early childhood
professional development and career activities into the plans
of the State Advisory Council; and
``(B) assisting in the implementation of professional
development and career activities that are consistent with
the plans described in subparagraph (A);
``(2) conduct a review of opportunities for and barriers to
high quality professional development, training, and higher
education degree programs in early childhood development and
learning, including a periodic statewide survey concerning
the demographics of individuals working in early childhood
education programs in the State, which survey shall include
information disaggregated by--
``(A) race, gender, and ethnicity;
``(B) compensation levels;
``(C) type of early childhood education program setting;
``(D) specialized knowledge of child development;
``(E) years of experience in an early childhood education
program;
``(F) attainment of--
``(i) academic credit for course work;
``(ii) an academic degree;
``(iii) a credential;
``(iv) licensure; or
``(v) certification in early childhood education; and
``(G) specialized knowledge in the education of children
with limited English proficiency; and
``(3) develop a plan for a comprehensive statewide
professional development and career system for individuals
working in early childhood education programs or for early
childhood education providers, which plan shall include--
``(A) methods of providing outreach to early childhood
education program staff, directors, and administrators to
enable such individuals and providers to be aware of
opportunities and resources under the statewide plan, which
may include outreach to underrepresented populations in the
profession;
``(B) developing a unified data collection and
dissemination system for early childhood education training,
professional development, and higher education programs;
``(C) increasing the participation of early childhood
educators in high quality training and professional
development by assisting in paying the costs of enrollment in
and completion of such training and professional development
courses;
``(D) increasing the participation of early childhood
educators in postsecondary education programs leading to
degrees in early childhood education by providing assistance
to pay the costs of enrollment in and completion of such
postsecondary education programs, which assistance--
``(i) shall only be provided to an individual who--
``(I) enters into an agreement under which the individual
agrees to work, for a reasonable number of years after
receiving such a degree, in an early childhood education
program that is located in a low-income area; and
``(II) has a family income equal to or less than the
annually adjusted national median family income as determined
by the Bureau of the Census; and
``(ii) shall be provided in an amount that does not exceed
$17,500;
``(E) supporting professional development activities and a
career lattice for a variety of early childhood professional
roles with varying professional qualifications and
responsibilities for early childhood education personnel,
including strategies to enhance the compensation of such
personnel;
``(F) supporting articulation agreements between 2- and 4-
year public and private institutions of higher education and
mechanisms to transform other training, professional
development, and experience into academic credit;
``(G) developing mentoring and coaching programs to support
new educators in and directors of early childhood education
programs;
``(H) providing career development advising with respect to
the field of early childhood education, including informing
an individual regarding--
``(i) entry into and continuing education requirements for
professional roles in the field;
``(ii) available financial assistance; and
``(iii) professional development and career advancement in
the field;
``(I) enhancing the quality of faculty and course work in
postsecondary programs that lead to an associate,
baccalaureate, or graduate degree in early childhood
education;
``(J) consideration of the availability of on-line graduate
level professional development offered by institutions of
higher education with experience and demonstrated expertise
in establishing programs in child development, in order to
improve the skills and expertise of individuals working in
early childhood education programs; and
``(K) developing or enhancing a system of quality assurance
with respect to the early childhood education professional
development and career system, including standards or
qualifications for individuals and entities who offer
training and professional development in early childhood
education.
``(b) Public Hearings.--The State Task Force shall hold
public hearings and provide an opportunity for public comment
on the activities described in the statewide plan described
in subsection (a)(3).
``(c) Periodic Review.--The State Task Force shall meet
periodically to review implementation of the statewide plan
and to recommend any changes to the statewide plan the State
Task Force determines necessary.
``SEC. 286. STATE APPLICATION AND REPORT.
``(a) In General.--Each State desiring a grant under this
subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require. Each such application
shall include a description of--
[[Page H679]]
``(1) the membership of the State Task Force;
``(2) the activities for which the grant assistance will be
used;
``(3) other Federal, State, local, and private resources
that will be available to support the activities of the State
Task Force described in section 285;
``(4) the availability within the State of training,
educator preparation, professional development, compensation
initiatives, and career systems, related to early childhood
education; and
``(5) the resources available within the State for such
training, educator preparation, professional development,
compensation initiatives, and career systems.
``(b) Report to the Secretary.--Not later than 2 years
after receiving a grant under this subpart, a State shall
submit a report to the Secretary that shall describe--
``(1) other Federal, State, local, and private resources
that will be used in combination with a grant under this
subpart to develop or expand the State's early childhood
education professional development and career activities;
``(2) the ways in which the State Advisory Council will
coordinate the various State and local activities that
support the early childhood education professional
development and career system; and
``(3) the ways in which the State Task Force will use funds
provided under this subpart to carry out the activities
described in section 285.
``SEC. 287. EVALUATIONS.
``(a) State Evaluation.--Each State receiving a grant under
this subpart shall--
``(1) evaluate the activities that are assisted under this
subpart in order to determine--
``(A) the effectiveness of the activities in achieving
State goals;
``(B) the impact of a career lattice for individuals
working in early childhood education programs;
``(C) the impact of the activities on licensing or
regulating requirements for individuals in the field of early
childhood development;
``(D) the impact of the activities, and the impact of the
statewide plan described in section 286(a)(3), on the quality
of education, professional development, and training related
to early childhood education programs that are offered in the
State;
``(E) the change in compensation and retention of
individuals working in early childhood education programs
within the State resulting from the activities; and
``(F) the impact of the activities on the demographic
characteristics of individuals working in early childhood
education programs; and
``(2) submit a report at the end of the grant period to the
Secretary regarding the evaluation described in paragraph
(1).
``(b) Secretary's Evaluation.--Not later than September 30,
2013, the Secretary, in consultation with the Secretary of
Health and Human Services, shall prepare and submit to the
authorizing committees an evaluation of the State reports
submitted under subsection (a)(2).''.
SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST
PRACTICES IN TEACHER PREPARATION.
(a) In General.--The Secretary shall enter into a contract
with the National Academy of Sciences to conduct a 2-year
study to develop suggested best practices in teacher
preparation for departments, schools, and colleges of
education. Such best practices shall include recommendations
to improve teaching skills, including skills related to
working with diverse populations.
(b) Best Research; Suggested Training.--The suggested best
practices developed under subsection (a) shall reflect the
best research into how students learn and on the content-
specific methods shown to be effective with students,
including examining how children learn. The suggested best
practices shall include suggested training for general and
special education teachers in working with diverse
populations, utilizing the principles of universal design for
learning, assessments in the classroom, and classroom
management.
(c) Collaboration.--
(1) In general.--In conducting the study under subsection
(a), the National Academy of Sciences shall collaborate with
interested parties in developing the suggested best
practices.
(2) Interested parties.--In this subsection, the term
``interested parties'' means--
(A) college presidents;
(B) deans of arts and sciences and teacher education
programs;
(C) teacher preparation faculty;
(D) chief State school officers;
(E) school superintendents;
(F) teacher organizations;
(G) outstanding teachers and principals;
(H) teacher preparation accrediting organizations;
(I) individuals or organizations with expertise in working
with diverse populations, including students with
disabilities and limited English proficient students; and
(J) other organizations with expertise in teacher
recruitment and training.
(d) Prohibition.--Nothing in this section shall be
construed to authorize the National Academy of Sciences to
recommend, or any other Federal Government entity or
contractor to mandate, direct, control, or suggest, a
specific curriculum for teacher education programs.
TITLE III--TITLE III AMENDMENTS
SEC. 301. PROGRAM PURPOSE.
Section 311 (20 U.S.C. 1057) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``351'' and inserting
``391''; and
(B) in paragraph (3)(F), by inserting ``, including
services that will assist in the education of special
populations'' before the period; and
(2) in subsection (c)--
(A) in paragraph (6), by inserting ``, including
innovative, customized, instruction courses designed to help
retain students and move the students rapidly into core
courses and through program completion'' before the period;
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(C) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students or
the students' parents.'';
(D) in paragraph (12) (as redesignated by subparagraph
(B)), by striking ``distance learning academic instruction
capabilities'' and inserting ``distance education
technologies''; and
(E) in the matter preceding subparagraph (A) of paragraph
(13) (as redesignated by subparagraph (B)), by striking
``subsection (c)'' and inserting ``subsection (b) and section
391''.
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY
CONTROLLED COLLEGES AND UNIVERSITIES.
(a) Eligible Institutions.--Section 316(b)(3) (20 U.S.C.
1059c(b)(3)) is amended to read as follows:
``(3) Tribal college or university.--The term `Tribal
College or University' means an institution that--
``(A) qualifies for funding under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801
et seq.) or the Navajo Community College Assistance Act (25
U.S.C. 640a note); or
``(B) is cited in section 532 of the Equity in Educational
Land Grant Status Act of 1994 (7 U.S.C. 301 note).''.
(b) Distance Learning.--Section 316(c)(2) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities;'';
(2) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, or advanced degrees in tribal
governance or tribal public policy'';
(3) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, and in tribal governance or
tribal public policy'';
(4) by striking ``and'' at the end of subparagraph (K);
(5) by redesignating subparagraph (L) as subparagraph (M);
and
(6) by inserting after subparagraph (K) the following new
subparagraph:
``(L) developing or improving facilities for Internet use
or other distance learning academic instruction capabilities;
and''.
(c) Application and Allotment.--Section 316(d) is amended
to read as follows:
``(d) Application and Allotment.--
``(1) Institutional eligibility.--To be eligible to receive
assistance under this section, a Tribal College or University
shall be an eligible institution under section 312(b).
``(2) Application.--Any Tribal College or University
desiring to receive assistance under this section shall
submit an application to the Secretary at such time, and in
such manner, as the Secretary may reasonably require.
``(3) Minimum grant.--Notwithstanding section 399(c), the
amount allotted to each institution under this section shall
not be less than $500,000.
``(4) Special rules.--
``(A) Concurrent funding.--For the purposes of this part,
no Tribal College or University that is eligible for and
receives funds under this section shall concurrently receive
funds under other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.''.
(d) Allotment of Remaining Funds.--Section 316 is further
amended by adding at the end the following new subsection:
``(e) Allotment of Remaining Funds.--The Secretary shall
distribute any funds appropriated to carry out this section
for any fiscal year that remain available after the Secretary
has awarded grants under subsection (e), to each eligible
institution as follows:
``(1) 60 percent of the remaining appropriated funds shall
be distributed among the eligible Tribal Colleges and
Universities on a pro rata basis, based on the respective
Indian student counts (as defined in section 2(a) of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and
Universities; and
``(2) the remaining 40 percent shall be distributed in
equal shares to the eligible Tribal Colleges and
Universities.''.
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS.
Part A of title III is amended by inserting after section
317 (20 U.S.C. 1059d) the following new section:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational
opportunity through a program of Federal assistance.
``(b) Definitions.--For purposes of this section:
``(1) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution (as defined in
paragraph (5)(A) of this subsection) with a minimum of 1,000
undergraduate students;
``(B) at which at least 50 percent of the undergraduate
students enrolled at the institution are
[[Page H680]]
low-income individuals or first-generation college students
(as that term is defined in section 402A(g)); and
``(C) at which at least 50 percent of the undergraduate
students are enrolled in an educational program leading to a
bachelor's or associate's degree that the institution is
licensed to award by the State in which it is located.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given such term in section
402A(g).
``(3) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the programs' benefits, or the amount
of such benefits, or both, are determined on the basis of
income or resources of the individual or family seeking the
benefit.
``(4) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(5) Other definitions.--For purposes of this section, the
terms defined by section 312 have the meanings provided by
that section, except as follows:
``(A) Eligible institution.--
``(i) The term `eligible institution' means an institution
of higher education that--
``(I) has an enrollment of needy undergraduate students as
required and defined by subparagraph (B);
``(II) except as provided in section 392(b), the average
educational and general expenditure of which are low, per
full-time equivalent undergraduate student in comparison with
the average educational and general expenditure per full-time
equivalent undergraduate student of institutions that offer
similar instruction;
``(III) has an enrollment of undergraduate students that is
at least 40 percent Black American students;
``(IV) is legally authorized to provide, and provides
within the State, an educational program for which the
institution awards a bachelors degree, or in the case of a
junior or community college, an associate's degree;
``(V) is accredited by a nationally recognized accrediting
agency or association determined by the Secretary to be a
reliable authority as to the quality of training offered, or
is, according to such an agency or association, making
reasonable progress toward accreditation; and
``(VI) is not receiving assistance under part B of this
title.
``(ii) In awarding grants under this section the Secretary
shall give priority to Predominantly Black Institutions with
large numbers or percentages of students described in clause
(i)(II) or clause (i)(III). The level of priority given to
Predominantly Black Institutions with large numbers or
percentages of students described in paragraph (1)(B) shall
be twice the level of priority given to Predominantly Black
Institutions with large numbers or percentages of students
described in paragraph (1)(C).
``(B) Enrollment of needy students.--The term `enrollment
of needy students' means the enrollment at an eligible
institution with respect to which at least 50 percent of the
undergraduate students enrolled in an academic program
leading to a degree--
``(i) in the second fiscal year preceding the fiscal year
for which the determination is made, were Pell Grant
recipients in such year;
``(ii) come from families that receive benefits under a
means-tested Federal benefits program (as defined in
paragraph (3));
``(iii) attended a secondary school that was a high-need
school during any year of such attendance; or
``(iv) are `first-generation college students' as that term
is defined in section 402A(g), and a majority of such first-
generation college students are low-income individuals.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded
pursuant to subsection (d) shall be used by Predominantly
Black Institutions--
``(A) to assist the institution to plan, develop,
undertake, and implement programs to enhance the
institution's capacity to serve more low- and middle-income
Black American students;
``(B) to expand higher education opportunities for title IV
eligible students by encouraging college preparation and
student persistence in secondary and postsecondary education;
and
``(C) to strengthen the institution's financial ability to
serve the academic needs of the students described in
subparagraphs (A) and (B).
``(2) Authorized activities.--Grants made to an institution
under subsection (d) shall be used for one or more of the
following activities:
``(A) The activities described in section 311(c)(1) through
(11).
``(B) Academic instruction in disciplines in which Black
Americans are underrepresented.
``(C) Establishing or enhancing a program of teacher
education designed to qualify students to teach in a public
elementary or secondary school in the State that shall
include, as part of such program, preparation for teacher
certification.
``(D) Establishing community outreach programs which will
encourage elementary and secondary students to develop the
academic skills and the interest to pursue postsecondary
education.
``(E) Other activities proposed in the application
submitted pursuant to subsection (e) that--
``(i) contribute to carrying out the purposes of this
section; and
``(ii) are approved by the Secretary as part of the review
and acceptance of such application.
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black Institution may
use not more than 20 percent of the grant funds provided
under this section to establish or increase an endowment fund
at the institution.
``(B) Matching requirement.--In order to be eligible to use
grant funds in accordance with subparagraph (A), the
Predominantly Black Institution shall provide matching funds
from non-Federal sources, in an amount equal to or greater
than the Federal funds used in accordance with subparagraph
(A), for the establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C regarding
the establishment or increase of an endowment fund, that the
Secretary determines are not inconsistent with this
subsection, shall apply to funds used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the
allotment of any Predominantly Black Institution may be
available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional
facility.
``(d) Allotments to Predominantly Black Institutions.--
``(1) Allotment: pell grant basis.--From the amount
appropriated to carry out this section for any fiscal year,
the Secretary shall allot to each Predominantly Black
Institution having an application approved under subsection
(e) a sum which bears the same ratio to one-half that amount
as the number of Pell Grant recipients in attendance at such
institution at the end of the academic year preceding the
beginning of that fiscal year bears to the total number of
Pell Grant recipients at all institutions eligible under this
section.
``(2) Allotment: graduates basis.--From the amount
appropriated to carry out this section for any fiscal year,
the Secretary shall allot to each Predominantly Black
Institution having an application approved under subsection
(e) a sum which bears the same ratio to one-fourth that
amount as the number of graduates for such year at such
institution bears to the total number of graduates for such
year at all intuitions eligible under this section.
``(3) Allotment: graduates seeking a higher degree basis.--
From the amount appropriated to carry out this section for
any fiscal year, the Secretary shall allot to each
Predominantly Black Institution having an application
approved under subsection (e) a sum which bears the same
ratio to one-fourth of that amount as the percentage of
graduates per institution who, within 2 years of graduation
with an associates degree or a baccalaureate degree, are
admitted to and in attendance at, either a baccalaureate
degree-granting institution or a graduate or professional
school in a degree program in disciplines in which Black
American students are underrepresented, bears to the
percentage of such graduates per institution for all eligible
institutions.
``(4) Minimum allotment.--(A) Notwithstanding paragraphs
(1), (2), and (3) of this subsection and section 399(c), the
amount allotted to each Predominantly Black Institution under
this section shall not be less than $250,000.
``(B) If the amount appropriated pursuant to section 399
for any fiscal year is not sufficient to pay the minimum
allotment, the amount of such minimum allotment shall be
ratably reduced. If additional sums become available for such
fiscal year, such reduced allocation shall be increased on
the same basis as it was reduced until the amount allotted
equals the minimum allotment required by subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year, which the Secretary determines will not
be required for such institution for the period such
allotment is available, shall be available for reallotment to
other Predominantly Black Institutions in proportion to the
original allotment to such other institutions under this
section for such fiscal year. The Secretary shall reallot
such amounts from time to time, on such date and during such
period as the Secretary deems appropriate.
``(e) Applications.--No Predominantly Black Institution
shall be entitled to its allotment of Federal funds for any
grant under subsection (d) for any period unless the
institution submits an application to the Secretary at such
time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(f) Application Review Process.--Section 393 shall not
apply to applications under this section.
``(g) Prohibition.--No Predominantly Black Institution that
applies for and receives a grant under this section may apply
for or receive funds under any other program under this part
or part B of this title.
``(h) Duration and Carryover.--Any funds paid to a
Predominantly Black Institution under this section and not
expended or used for the purposes for which the funds were
paid within 10 years following the date of the grant awarded
to such institution under this section shall be repaid to the
Treasury of the United States.''.
SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN
PACIFIC ISLANDER-SERVING INSTITUTIONS.
Part A of title III is amended by inserting after section
318 (as added by section 303 of this Act) the following new
section:
``SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide
grants and related assistance to Asian American and Native
American Pacific Islander-serving institutions to enable such
institutions to improve and expand their capacity to serve
Asian Americans and Native American Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term Asian in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity as published on October 30, 1997 (62 Fed.
Reg. 58789);
``(2) the term `Native American Pacific Islander' means any
descendant of the aboriginal
[[Page H681]]
people of any island in the Pacific Ocean that is a territory
or possession of the United States;
``(3) the term `Asian American and Native American Pacific
Islander-serving institution' means an institution of higher
education that--
``(A) is an eligible institution under section 312(b); and
``(B) at the time of application, has an enrollment of
undergraduate students that is at least 10 percent Asian
American and Native American Pacific Islander students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty
level determined by using criteria of poverty established by
the Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Native
American Pacific Islander-serving institutions to assist such
institutions to plan, develop, undertake, and carry out
activities to improve and expand such institutions' capacity
to serve Asian Americans and Native American Pacific
Islanders.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes;
``(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
``(C) support of faculty exchanges, and faculty development
and faculty fellowships to assist in attaining advanced
degrees in the faculty's field of instruction;
``(D) curriculum development and academic instruction;
``(E) purchase of library books, periodicals, microfilm,
and other educational materials;
``(F) funds and administrative management, and acquisition
of equipment for use in strengthening funds management;
``(G) joint use of facilities such as laboratories and
libraries;
``(H) academic tutoring and counseling programs and student
support services;
``(I) establishing community outreach programs that will
encourage elementary school and secondary school students to
develop the academic skills and the interest to pursue
postsecondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which Asian
Americans and Native American Pacific Islanders are under-
represented;
``(L) conducting research and data collection for Asian
American and Native American Pacific Islander populations and
sub-populations; and
``(M) establishing partnerships with community based
organizations serving Asian Americans and Native American
Pacific Islanders.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Native American Pacific Islander-serving institution desiring
to receive assistance under this section shall submit to the
Secretary such enrollment data as may be necessary to
demonstrate that the institution is an Asian American and
Native American Pacific Islander-serving institution as
defined in subsection (b), along with such other information
and data as the Secretary may by regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Native American
Pacific Islander-serving institution may submit an
application for assistance under this section to the
Secretary. Such application shall include--
``(A) a 5-year plan for improving the assistance provided
by the Asian American and Native American Pacific Islander-
serving institution to Asian American and Native American
Pacific Islander students; and
``(B) such other information and assurance as the Secretary
may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Native American
Pacific Islander-serving institution that receives funds
under this section shall concurrently receive funds under
other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.
``(C) Distribution.--In awarding grants under this section,
the Secretary shall--
``(i) to the extent possible and consistent with the
competitive process under which such grants are awarded,
ensure maximum and equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to institutions that
serve a significant percentage of Asian American and Native
American Pacific Islander students who are low-income
individuals.''.
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
(a) Grant Program Authorized.--Part A of title III (20
U.S.C. 1057 et seq.) is amended by adding after section 319
(as added by section 304 of this Act) the following new
section:
``SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide
grants and related assistance to Native American-serving,
nontribal institutions to enable such institutions to improve
and expand their capacity to serve Native Americans.
``(b) Definitions.--In this section:
``(1) Native american.--The term `Native American' means an
individual who is of a tribe, people, or culture that is
indigenous to the United States.
``(2) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' means
an institution of higher education that, at the time of
application--
``(A) has an enrollment of undergraduate students that is
not less than 10 percent Native American students; and
``(B) is not a Tribal College or University (as defined in
section 316).
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Native American-serving,
nontribal institutions to assist such institutions to plan,
develop, undertake, and carry out activities to improve and
expand such institutions' capacity to serve Native Americans.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) the purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes;
``(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
``(C) support of faculty exchanges, and faculty development
and faculty fellowships to assist faculty in attaining
advanced degrees in the faculty's field of instruction;
``(D) curriculum development and academic instruction;
``(E) the purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and acquisition
of equipment for use in strengthening funds management;
``(G) the joint use of facilities such as laboratories and
libraries; and
``(H) academic tutoring and counseling programs and student
support services.
``(d) Application Process.--
``(1) Institutional eligibility.--A Native American-
serving, nontribal institution desiring to receive assistance
under this section shall submit to the Secretary such
enrollment data as may be necessary to demonstrate that the
institution is a Native American-serving, nontribal
institution, along with such other information and data as
the Secretary may by regulation require.
``(2) Applications.--
``(A) Permission to submit applications.--Any institution
that is determined by the Secretary to be a Native American-
serving, nontribal institution may submit an application for
assistance under this section to the Secretary.
``(B) Simplified and streamlined format.--The Secretary
shall, to the extent possible, prescribe a simplified and
streamlined format for applications under this section that
takes into account the limited number of institutions that
are eligible for assistance under this section.
``(C) Content.--An application submitted under subparagraph
(A) shall include--
``(i) a 5-year plan for improving the assistance provided
by the Native American-serving, nontribal institution to
Native Americans; and
``(ii) such other information and assurances as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving, nontribal
institution that receives funds under this section shall
concurrently receive funds under other provisions of this
part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.
``(C) Distribution.--In awarding grants under this section,
the Secretary shall, to the extent possible and consistent
with the competitive process under which such grants are
awarded, ensure maximum and equitable distribution among all
eligible institutions.''.
SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
(a) Definitions.--Section 322(4) (20 U.S.C. 1061(4)) is
amended by inserting after ``the Secretary'' the following:
``, in consultation with the Commissioner of the National
Center for Education Statistics,''.
(b) Authorized Activities.--Section 323(a) (20 U.S.C.
1062(a)) is amended--
(1) by redesignating paragraph (12) as paragraph (15); and
(2) by inserting after paragraph (11) the following new
paragraphs:
``(12) Acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities.
``(13) Education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under
the title IV.
``(14) Technical assistance or services necessary for the
implementation of projects or activities that are described
in the grant application and that are approved, in advance,
by the Secretary, except that not more than two percent of
the grant amount may be used for this purpose.''.
(c) Allotments.--
(1) Minimum allotment.--Subsection (d) of section 324 (20
U.S.C. 1063(d)) is amended to read as follows:
``(d) Minimum Allotment.--(1) If an otherwise eligible part
B institution did not enroll any Pell Grant recipients, or
did not graduate any students in the previous academic year,
or where appropriate, send any such graduates on to graduate
or first-professional degree study, the institution shall not
receive a grant under this part.
``(2) If the data provided by an eligible institution,
pursuant to this section, is insufficient to justify an award
in excess of $500,000, the otherwise eligible institution
shall receive an allotment of $500,000, except that the
Secretary shall not make an award of $500,000 if the amount
determined based upon the formulas using subsection (b), (c),
and (d) would be less than $250,000. If the amount determined
by the
[[Page H682]]
formula would be less than $250,000, the Secretary shall
award the minimum allotment of $250,000.''.
(2) Condition for allotments.--Section 324 (20 U.S.C. 1063)
is further amended by adding at the end the following new
subsection:
``(h) Conditions for Allotments.--No institution shall
receive an allotment under this section unless the
institution provides data, required by the Secretary
consistent with the formula in subsections (a) through (c),
including the number of Pell Grant recipients enrolled in the
previous award year; the number of students who earned an
associate or baccalaureate degree in the previous academic
year; and, when appropriate, the percentage of graduates who,
within the past five years, enrolled in a graduate or first-
professional degree program. No institution shall receive an
allotment, including the minimum allotment under subsection
(d), unless the institution provides the data required of
that institution by the Secretary.''.
(d) Professional or Graduate Institutions.--
(1) Duration of grant.--Section 326(b) (20 U.S.C. 1063b(b))
is amended by adding at the end the following new sentence:
``Any funds awarded for such five-year grant period that are
obligated during such five-year period may be expended during
the 10-year period beginning on the first day of such five-
year period.''.
(2) Authorized activities.--Section 326(c) (20 U.S.C.
1063b(c)) is amended--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(8) acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities;
``(9) education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under
the title IV; and
``(10) technical assistance or services necessary for the
implementation of projects or activities that are described
in the grant application and that are approved, in advance,
by the Secretary, except that not more than two percent of
the grant amount may be used for this purpose.''.
(3) Eligibility.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph (Q);
(B) by striking the period at the end of subparagraph (R)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(S) Alabama State University qualified graduate programs;
``(T) Bowie State University qualified graduate programs;
``(U) Delaware State University qualified graduate
programs;
``(V) Langston University qualified graduate programs;
``(W) Prairie View A&M University qualified graduate
programs; and
``(X) University of the District of Columbia David A.
Clarke School of Law.''.
(4) Conforming amendment.--Section 326(e)(3) (20 U.S.C.
1063b(e)(3)) is amended--
(A) by striking ``1998'' and inserting ``2008''; and
(B) by striking ``(Q) and (R)'' and inserting ``(S) through
(X)''.
(5) Preservation of funding.--Section 326(f) (20 U.S.C.
1063b(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``$26,600,000'' and inserting
``$54,500,000''; and
(ii) by striking ``(P)'' and inserting ``(R)'';
(B) in paragraph (2)--
(i) by striking ``$26,600,000, but not in excess of
$28,600,000'' and inserting ``$54,500,000, but not in excess
of $60,500,000''; and
(ii) by striking ``subparagraphs (Q) and (R)'' and
inserting ``subparagraphs (S) through (X)''; and
(C) in paragraph (3)--
(i) by striking ``$28,600,000'' and inserting
``$60,500,000''; and
(ii) by striking ``(R)'' and inserting ``(X)''.
(e) Unexpended Funds.--Section 327(b) (20 U.S.C. 1063c(b))
is amended to read as follows:
``(b) Use of Unexpended Funds.--Any funds paid to an
institution and not expended or used for the purposes for
which the funds were paid during the five-year period
following the date of the initial grant award, may be carried
over and expended during the succeeding five-year period, if
such funds were obligated for a purpose for which the funds
were paid during the five-year period following the date of
the initial grant award.''.
SEC. 307. ENDOWMENT CHALLENGE GRANTS.
(a) Amounts.--Section 331(b) (20 U.S.C. 1065(b)) is
amended--
(1) in paragraph (2)(B)(i), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(2) in paragraph (5), by striking ``$50,000'' and inserting
``$100,000''.
(b) Technical Assistance.--Section 331 (20 U.S.C. 1065) is
further amended by adding at the end the following new
subsection:
``(l) Technical Assistance.--The Secretary, directly or by
grant or contract, may provide technical assistance to
eligible institutions to prepare the institutions to qualify,
apply for, and maintain a grant, under this section.''.
SEC. 308. LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED
BY THE DESIGNATED BONDING AUTHORITY.
Section 344(a) (20 U.S.C. 1066c(a)) is amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
SEC. 309. PROGRAMS IN STEM FIELDS.
(a) YES Partnerships; Entry Into STEM Fields.--Part E of
title III (20 U.S.C.1067 et seq.) is amended--
(1) by redesignating subpart 2 as subpart 3; and
(2) by inserting after subpart 1 the following new subpart:
``Subpart 2--Programs in STEM Fields
``SEC. 355. YES PARTNERSHIPS GRANT PROGRAM.
``(a) Grant Program Authorized.--Subject to the
availability of appropriations to carry out this subpart, the
Secretary shall make grants to eligible partnerships (as
described in subsection (f)) to support underrepresented
minority youth engagement in science, technology,
engineering, and mathematics through outreach and hands-on,
experiential-based learning projects that encourage
underrepresented minority students in kindergarten through
grade 12 to pursue careers in science, technology,
engineering, and mathematics.
``(b) Minimum Grant Amount.--A grant awarded to a
partnership under this subpart shall be for an amount that is
not less than $500,000.
``(c) Duration.--A grant awarded under this subpart shall
be for a period of 5 years.
``(d) Non-Federal Matching Share Required.--A partnership
receiving a grant under this subpart shall provide, from non-
Federal sources, in cash or in kind, an amount equal to 50
percent of the costs of the project supported by such grant.
``(e) Distribution of Grants.--In awarding grants under
this subpart, the Secretary shall ensure that, to the maximum
extent practicable, the projects funded under this subpart
are located in diverse geographic regions of the United
States.
``(f) Eligible Partnerships.--Notwithstanding the general
eligibility provision in section 361, eligibility to receive
grants under this subpart is limited to partnerships
described in paragraph (5) of such section.
``SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS.
``(a) Authority To Contract, Subject to Appropriations.--
The Secretary of Education is authorized to enter into a
contract with a firm with a demonstrated record of success in
advertising to implement a campaign to expand the population
of qualified individuals in science, technology, engineering,
and math (STEM) fields by encouraging young Americans to
enter the those fields.
``(b) Design of Campaign.--Such a campaign shall be
designed to enhance the image of education and professions in
the STEM fields and promote participation in the STEM fields
and shall include--
``(1) monitoring trends in youth attitudes toward pursuing
education and professions in the STEM fields and their
propensity toward entering the STEM fields;
``(2) determining what factors contribute to encouraging
and discouraging Americans from pursuing study in STEM fields
and entering the STEM fields professionally;
``(3) determining what specific factors limit the
participation of groups currently underrepresented in STEM
fields, including Latinos, African-Americans, and women; and
``(4) drawing from the market research performed under this
section and implementing an advertising campaign to encourage
young Americans to take up studies in STEM fields, beginning
at an early age.
``(c) Required Components.--Such a campaign shall include
components that focus tailored messages on appropriate age
groups, starting with elementary school students. Such a
campaign shall link participation in the STEM fields to the
concept of service to one's country, so that young people
will be encouraged to enter the STEM fields in order fulfill
the obligation to be of service to their country.
``(d) Priority.--Such a campaign shall hold as a high
priority making specific appeals to Latinos, African-
Americans, and women, who are currently under-represented in
the STEM fields, in order to increase their numbers in the
STEM fields, and shall tailor recruitment efforts to each
specific group.
``(e) Use of Variety of Media.--Such a campaign shall make
use of a variety of media, with an emphasis on television
advertising, to reach its intended audience.
``(f) Teaching.--Such a campaign shall include a narrowly
focused effort to attract current professionals in the STEM
fields, through advertising in mediums likely to reach that
specific group, into teaching in a STEM field in elementary
and secondary school.
``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.
``The Secretary shall develop an evaluation and
accountability plan for projects funded under this subpart to
objectively measure the impact of such projects, including a
measure of whether underrepresented minority student
enrollment in courses related to science, technology,
engineering, and mathematics increases at the secondary and
postsecondary levels.''.
(b) Eligibility for Grants.--Section 361 (20 U.S.C. 1067g)
is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) in paragraph (4)--
(A) by inserting ``to include public institutions of higher
education'' after ``organizations,'';
(B) by striking ``or'' at the end of subparagraph (D);
(C) by striking the period at the end of subparagraph (E)
and inserting ``; or'';
(D) by adding at the end the following new subparagraph:
[[Page H683]]
``(F) institutions of higher education which have State-
approved centers for research in science, technology,
engineering, and mathematics; or'';
(3) by adding at the end the following new paragraph:
``(5) only with respect to grants under subpart 2,
partnerships of organizations, the membership of which shall
include--
``(A) at least one institution of higher education eligible
for assistance under this title or title V;
``(B) at least one high need local educational agency (as
defined in section 200); and
``(C) at least two community organizations or entities,
such as businesses, professional associations, community-
based organizations, philanthropic organizations, or State
agencies.''.
SEC. 310. TECHNICAL ASSISTANCE.
Section 391 (20 U.S.C. 1068) is amended by adding at the
end the following new subsection:
``(e) Technical Assistance.--The Secretary, directly or by
grant or contract, may provide technical assistance to
eligible institutions to prepare the institutions to qualify,
apply for, and maintain a grant, under this title.''.
SEC. 311. WAIVER AUTHORITY.
(a) Section 392 (20 U.S.C. 1068a) is amended by adding at
the end the following new subsection:
``(c) Waiver Authority With Respect to Institutions Located
in an Area Affected by a Gulf Hurricane Disaster.--
``(1) Waiver authority.--Notwithstanding any other
provision of the law unless enacted with specific reference
to this section, for any affected institution that was
receiving assistance under this title at the time of a Gulf
hurricane disaster, the Secretary shall, for each of the
fiscal years 2009 through 2013--
``(A) waive--
``(i) the eligibility data requirements set forth in
section 391(d);
``(ii) the wait-out period set forth in section 313(d);
``(iii) the allotment requirements under section 324; and
``(iv) the use of the funding formula developed pursuant to
section 326(f)(3); and
``(B) waive or modify any statutory or regulatory provision
to ensure that affected institutions that were receiving
assistance under this title at the time of a Gulf hurricane
disaster are not adversely impacted by any formula
calculation for fiscal year 2009 or for any of the 4
succeeding fiscal years;
``(C) make available to each affected institution an amount
that is not less than the amount made available to such
institution under this title for fiscal year 2006.
``(2) Definitions.--In this subsection:
``(A) Affected institution.--The term `affected
institution' means an institution of higher education that--
``(i) is--
``(I) a part A institution, as such term is defined in
section 312(b);
``(II) an American Indian Tribal College or University, as
such term is defined in section 316(b);
``(III) an Alaskan Native-serving institution or Native
Hawaiian-serving institution, as such terms are defined in
section 317(b); or
``(IV) a part B institution, as such term is defined in
section 322(2), or as identified in section 326(e) of such
Act of 1965 (20 U.S.C. 1063(b));
``(ii) is located in an area affected by a Gulf hurricane
disaster; and
``(iii) is able to demonstrate that, as a result of the
impact of a Gulf hurricane disaster, the institution--
``(I) incurred physical damage;
``(II) has pursued collateral source compensation from
insurance, the Federal Emergency Management Agency, and the
Small Business Administration, as appropriate; and
``(III) was not able to fully reopen in existing facilities
or to fully reopen to the pre-hurricane enrollment levels
during the 30-day period beginning on August 29, 2005.
``(B) Area affected by a gulf hurricane disaster; gulf
hurricane disaster.--The terms `area affected by a Gulf
hurricane disaster' and `Gulf hurricane disaster' have the
meanings given such terms in section 209 of the Higher
Education Hurricane Relief Act of 2005 (Public Law 109-148,
119 Stat. 2809).''.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 399(a) (20 U.S.C. 1068h(a)) is
amended to read as follows:
``(a) Authorizations.--
``(1) Part a.--(A) There are authorized to be appropriated
to carry out part A, $150,000,000 (other than sections 316
through 320) for fiscal year 2009, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 316, $30,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(C) There are authorized to be appropriated to carry out
section 317, $15,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(D) There are authorized to be appropriated to carry out
section 318, $75,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(E) There are authorized to be appropriated to carry out
section 319, $30,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(F) There are authorized to be appropriated to carry out
section 320, $25,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(2) Part b.--(A) There are authorized to be appropriated
to carry out part B (other than section 326), $300,000,000
for fiscal year 2009, and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 326, $100,000,000 for fiscal year 2009, and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(3) Part c.--There are authorized to be appropriated to
carry out part C, $20,000,000 for fiscal year 2009, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
``(4) Part d.--(A) There are authorized to be appropriated
to carry out part D (other than section 345(7), but including
section 347), $150,000 for fiscal year 2009, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 345(7), such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.
``(5) Part e.--(A) There are authorized to be appropriated
to carry out subpart 1 of part E, $12,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
subpart 2 of part E, $10,000,000 for fiscal year 2009 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.''.
(b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is
amended by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.''.
SEC. 313. TECHNICAL CORRECTIONS.
(a) Amendments.--Title III (20 U.S.C. 1051 et seq.) is
further amended--
(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by
striking ``,,'' and inserting ``,'';
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
(3) in the matter preceding clause (i) of section 365(9)(A)
(20 U.S.C. 1067k(9)(A)), by striking ``support'' and
inserting ``supports'';
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
striking ``subparagraph (E)'' and inserting ``subparagraph
(D)'';
(5) in the matter preceding subparagraph (A) of section
392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible
institutions under part A institutions'' and inserting
``eligible institutions under part A''; and
(6) in the matter preceding paragraph (1) of section 396
(20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
(b) Redesignation and Relocation.--The Higher Education Act
of 1965 is further amended--
(1) by redesignating part J of title IV (as added by
section 802 of the College Cost Reduction and Access Act) as
part G of title III, and moving such part from the end of
title IV to the end of title III; and
(2) by redesignating section 499A (as added by such
section) as section 399A.
TITLE IV--TITLE IV AMENDMENTS
PART A--PART A AMENDMENTS
SEC. 401. FEDERAL PELL GRANTS.
(a) Authorized Maximums.--Section 401(b)(2)(A) (20 U.S.C.
1070a(b)(2)(A)) is amended to read as follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be $9,000 for each of the
academic years 2009-2010 through 2013-2014, less an amount
equal to the amount determined to be the expected family
contribution with respect to that student for that year.''.
(b) Multiple Grants.--
(1) Amendment.--Paragraph (5) of section 401(b) is amended
to read as follows:
``(5) Year-round pell grants.--The Secretary shall, for
students enrolled in a baccalaureate degree, associate's
degree, or certificate program of study at an eligible
institution, award such students not more than two Pell
grants during an award year to permit such students to
accelerate progress toward their degree or certificate
objectives by enrolling in courses for more than 2 semesters,
or 3 quarters, or the equivalent, in a given academic
year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective July 1, 2009.
(c) Ineligibility Based on Involuntary Civil Commitment for
Sexual Offenses.--Paragraph (7) of section 401(b) (as
redesignated by section 101(a) of the College Cost Reduction
and Access Act) is amended by inserting before the period the
following: ``or who is subject to an involuntary civil
commitment upon completion of a period of incarceration for a
forcible or nonforcible sexual offense (as determined in
accordance with the Federal Bureau of Investigation's Uniform
Crime Reporting Program)''.
(d) Technical Amendment to CCRAA.--Section 401(b)(9)(F) is
amended by striking ``remain available'' and all that follows
and inserting ``remain available for the fiscal year
succeeding the fiscal year for which such amounts are made
available.''.
(e) Maximum Duration of Eligibility.--Section 401(c) is
amended by adding at the end the following new paragraph:
``(5) The period during which a student may receive Federal
Pell Grants shall not exceed the equivalent of 18 semesters
or 27 quarters in duration, as determined by the Secretary by
regulation. Such regulations shall provide, with respect to a
student who received a Federal Pell Grant for a semester or
quarter but was enrolled at a fraction of full-time, that
only that same fraction of such semester or quarter shall
count towards such duration limits. The provisions of this
paragraph shall apply only to a student who receives a
Federal Pell Grant for the first time on or after July 1,
2008.''.
(f) Academic Competitiveness Grants.--Section 401A (as
amended by section 8003 of Public Law 109-171)--
(1) in subsection (b), by striking ``academic'' each place
it appears;
[[Page H684]]
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``academic'' and inserting ``award''; and
(ii) by striking ``full-time''; and
(B) by amending paragraph (1) to read as follows:
``(1) is an eligible student under section 484, including
being enrolled or accepted for enrollment in a degree,
certificate, or other eligible program leading to a
recognized educational credential at an institution of higher
education;''; and
(C) in paragraph (3)--
(i) by striking ``academic'' each place it appears;
(ii) by striking ``established by a State or local
educational agency and recognized as such by the Secretary''
each place it appears in subparagraphs (A)(i) and (B)(i) and
inserting ``that prepares students for college and work
beyond the basic graduation requirements and that is
recognized as such by the designated State official, or with
respect to any private school or home school, the designated
school official for such school, consistent with State law'';
(iii) in subparagraph (A)(ii), by inserting ``, except as
part of a secondary school program of study'' before the
semicolon;
(iv) in subparagraph (C)--
(I) by striking clause (i)(II) and inserting the following:
``(II) a critical foreign language; and''; and
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following:
``(D) the third or fourth year of a program of
undergraduate education at an institution of higher education
(as defined in section 101(a)) that demonstrates, to the
satisfaction of the Secretary, that the institution--
``(i) offers a single liberal arts curriculum leading to a
baccalaureate degree, under which students are not permitted
by the institution to declare a major in a particular subject
area, and those students--
``(I) study, in such years, a subject described in
subparagraph (C)(i) that is at least equal to the
requirements for an academic major at an institution of
higher education that offers a baccalaureate degree in such
subject, as certified by an appropriate official from the
institution; or
``(II) has obtained a cumulative grade point average of at
least 3.0 (or the equivalent as determined under regulations
prescribed by the Secretary) in the relevant coursework; and
``(ii) offered such curriculum prior to February 8,
2006.'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``for one academic year
during the student's first year of enrollment'' after
``$750'';
(ii) in clause (ii), by inserting ``for one academic year
during the student's second year of enrollment'' after
``$1,300''; and
(iii) in clause (iii)--
(I) by inserting ``for one academic year'' after
``$4,000''; and
(II) by striking ``subsection (c)(3)(C).'' and inserting
``subparagraph (C) or (D) of subsection (c)(3), for each of
the 2 years described in such subparagraphs; or'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``an academic'' and inserting ``a''; and
(II) by striking ``(B), or (C)'' and inserting ``(B), (C),
or (D)''; and
(ii) in subparagraph (B)--
(I) by striking ``or'' at the end of clause (ii); and
(II) by striking clause (iii) and inserting the following:
``(iii) two academic years under subsection (c)(3)(C); or
``(iv) two academic years under subsection (c)(3)(D).'';
and
(C) by adding at the end the following new paragraph:
``(3) Adjustment for less than full-time enrollment.--A
grant awarded under this section to an eligible student who
attends an eligible institution on a less than full-time (but
at least half-time or more) basis shall be reduced in the
same proportion as would a Federal Pell Grant pursuant to
section 401(b)(2)(B).''; and
(4) in subsection (g), by striking ``academic'' and
inserting ``award''.
SEC. 402. FEDERAL TRIO PROGRAMS.
(a) Program Authority; Authorization of Appropriations.--
Section 402A (20 U.S.C. 1070a-11) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``community-based organizations with
experience in serving disadvantaged youth'' after ``private
agencies and organizations''; and
(ii) by striking ``in exceptional circumstances,'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``4'' and inserting ``5'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) by striking paragraph (3) and inserting the following:
``(3) Minimum grants.--Unless the institution or agency
requests a smaller amount, an individual grant authorized
under this chapter shall be awarded in an amount that is not
less than $200,000, except that an individual grant
authorized under section 402G shall be awarded in an amount
that is not less than $170,000.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``service delivery'' and
inserting ``high quality service delivery, as determined
under subsection (f),'';
(B) in paragraph (3)(B), by striking ``is not required to''
and inserting ``shall not'';
(C) in paragraph (5), by striking ``campuses'' and
inserting ``different campuses''; and
(D) in paragraph (6), by adding at the end the following
new sentence: ``The Secretary shall require each applicant
for funds under the programs authorized by this chapter to
identify services to foster care youth as a permissible
service in those programs, and to ensure that such youth
receive supportive services, including mentoring, tutoring,
and other services provided by those programs.'';
(3) in subsection (e)--
(A) by striking ``(g)(2)'' each place it appears and
inserting ``(h)(4)''; and
(B) by adding at the end the following new paragraph:
``(3) Notwithstanding this subsection and subsection
(i)(4), individuals who are homeless or unaccompanied youth
as defined in section 725 of the McKinney-Vento Homeless
Assistance Act shall be eligible to participate in programs
under sections 402B, 402C, 402D, and 402F of this chapter.'';
(4) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(5) by inserting after subsection (e) the following:
``(f) Outcome Criteria.--
``(1) Use for prior experience determination.--The
Secretary shall use the outcome criteria described in
paragraphs (2) and (3) to evaluate the programs provided by a
recipient of a grant under this chapter, and the Secretary
shall determine an eligible entity's prior experience of high
quality service delivery, as required under subsection
(c)(2), based on the outcome criteria.
``(2) Disaggregation of relevant data.--The outcome
criteria under this subsection shall be disaggregated by low-
income students, first generation college students, and
individuals with disabilities, in the schools and
institutions of higher education served by the program to be
evaluated.
``(3) Contents of outcome criteria.--The outcome criteria
under this subsection shall measure, annually and for longer
periods, the quality and effectiveness of programs authorized
under this chapter and shall include the following:
``(A) For programs authorized under section 402B, the
extent to which the eligible entity met or exceeded the
entity's objectives established in the entity's application
for such program regarding--
``(i) the delivery of service to a total number of students
served by the program;
``(ii) the continued secondary school enrollment of such
students;
``(iii) the graduation of such students from secondary
school;
``(iv) the completion by such students of a rigorous
secondary school program of study that will make them
eligible for programs such as the Academic Competitiveness
Grants; and
``(v) the enrollment of such students in an institution of
higher education.
``(B) For programs authorized under section 402C, the
extent to which the eligible entity met or exceeded the
entity's objectives for such program regarding--
``(i) the delivery of service to a total number of students
served by the program, as agreed upon by the entity and the
Secretary for the period;
``(ii) such students' school performance, as measured by
the grade point average, or its equivalent;
``(iii) such students' academic performance, as measured by
standardized tests, including tests required by the students'
State;
``(iv) the retention in, and graduation from, secondary
school of such students;
``(v) the completion by such students of a rigorous
secondary school program of study that will make them
eligible for programs such as the Academic Competitiveness
Grants; and
``(vi) the enrollment of such students in an institution of
higher education.
``(C) For programs authorized under section 402D--
``(i) the extent to which the eligible entity met or
exceeded the entity's objectives regarding the retention in
postsecondary education of the students served by the
program;
``(ii)(I) in the case of an entity that is an institution
of higher education offering a baccalaureate degree, the
extent to which the percentage of students served by the
program who completed degree programs met or exceeded the
entity's objectives; or
``(II) in the case of an entity that is an institution of
higher education that does not offer a baccalaureate degree,
the extent to which the students served by the entity met or
exceeded s objectives regarding--
``(aa) the completion of a degree or certificate; and
``(bb) the transfer to institutions of higher education
that offer baccalaureate degrees;
``(iii) the extent to which the entity met or exceeded the
entity's objectives regarding the delivery of service to a
total number of students, as agreed upon by the entity and
the Secretary for the period; and
``(iv) the extent to which the entity met or exceeded the
entity's objectives regarding such students remaining in good
academic standing.
``(D) For programs authorized under section 402E, the
extent to which the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the delivery of service to a total number of
students, as agreed upon by the entity and the Secretary for
the period;
``(ii) the provision of appropriate scholarly and research
activities for the students served by the program;
``(iii) the acceptance and enrollment of such students in
graduate programs; and
[[Page H685]]
``(iv) the continued enrollment of such students in
graduate study and the attainment of doctoral degrees by
former program participants.
``(E) For programs authorized under section 402F, the
extent to which the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the enrollment of students without a secondary school
diploma or its recognized equivalent, who were served by the
program, in programs leading to such diploma or equivalent;
``(ii) the enrollment of secondary school graduates who
were served by the program in programs of postsecondary
education;
``(iii) the delivery of service to a total number of
students, as agreed upon by the entity and the Secretary for
the period; and
``(iv) the provision of assistance to students served by
the program in completing financial aid applications and
college admission applications.
``(4) Measurement of progress.--In order to determine the
extent to which an outcome criterion described in paragraph
(2) or (3) is met or exceeded, the Secretary shall compare
the agreed upon target for the criterion, as established in
the eligible entity's application approved for funding by the
Secretary, with the results for the criterion, measured as of
the last day of the applicable time period for the
determination for each outcome criteria.
``(5) Appeals.--Upon determination by the Secretary not to
accept an application, or upon determination by the Secretary
through the peer review process as specified in (c)(4) not to
fund an application, for any program under this chapter, the
Secretary shall allow such applicant to appeal to an
administrative law judge that the Secretary improperly
rejected or improperly scored the evaluation criteria points.
The Secretary shall notify each entity requesting assistance
under this chapter regarding the status of their application
at least 90 days prior to the startup date of such
program.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) in the first sentence, by striking ``$700,000,000 for
fiscal year 1999'' and all that follows through the period
and inserting ``$950,000,000 for fiscal year 2009 and such
sums for each of the 4 succeeding fiscal years.''; and
(B) by striking the fourth sentence; and
(7) in subsection (h) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively;
(B) by inserting before paragraph (3) (as redesignated by
subparagraph (A)) the following:
``(1) Different campus.--The term `different campus' means
a site of an institution of higher education that--
``(A) is geographically apart from the main campus of the
institution;
``(B) is permanent in nature; and
``(C) offers courses in educational programs leading to a
degree, certificate, or other recognized educational
credential.
``(2) Different population.--The term `different
population' means a group of individuals that an eligible
entity desires to serve through an application for a grant
under this chapter, and that--
``(A) is separate and distinct from any other population
that the entity has applied for a grant under this chapter to
serve; or
``(B) while sharing some of the same needs as another
population that the eligible entity has applied for a grant
under this chapter to serve, has distinct needs for
specialized services.'';
(C) in paragraph (5) (as redesignated by subparagraph
(A))--
(i) in subparagraph (A)--
(I) by striking ``, any part of which occurred after
January 31, 1955,''; and
(II) by striking ``or'' after the semicolon;
(ii) in subparagraph (B)--
(I) by striking ``after January 31, 1955,''; and
(II) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(C) was a member of a reserve component of the Armed
forces called to active duty for a period of more than 180
days; or
``(D) was a member of a reserve component of the Armed
Forces who served on active duty in support of a contingency
operation (as that term is defined in section 101(a)(13) of
title 10, United States Code) on or after September 11,
2001.''; and
(D) in paragraph (6), by striking ``subparagraph (A) or (B)
of paragraph (3)'' and inserting ``subparagraph (A), (B), or
(C) of paragraph (5)''.
(b) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is
amended--
(1) in subsection (b)(11), by inserting ``, including
mathematics and science preparation,'' after ``special
services''; and
(2) by adding at the end the following:
``(f) Absolute Priority Prohibited in Upward Bound
Program.--Except as otherwise expressly provided by amendment
to this section, the Secretary shall not implement or
enforce, and shall rescind, the absolute priority for Upward
Bound Program participant selection and evaluation published
by the Department of Education in the Federal Register on
September 22, 2006 (71 Fed. Reg. 55447 et seq.).''.
(c) Amendment to Postbaccalaureate Achievement Program.--
Section 402E(c)(2) (20 U.S.C. 1070a-15(c)(2)) is amended by
inserting ``, including Native Hawaiians, as defined section
317(b)(3), and Pacific Islanders'' after ``graduate
education''.
(d) Reports, Evaluations, and Grants for Project
Improvement and Dissemination.--Section 402H (20 U.S.C.
1070a-18) is amended--
(1) by striking the section heading and inserting
``REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT
AND DISSEMINATION.'';
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Reports to the Authorizing Committees.--The Secretary
shall submit annually to the authorizing committees a report
that documents the performance of all programs funded under
this chapter. The report shall--
``(1) be submitted not later than 24 months after the
eligible entities receiving funds under this chapter are
required to report their performance to the Secretary;
``(2) focus on the programs' performance on the relevant
outcome criteria determined under section 402A(f)(4);
``(3) aggregate individual project performance data on the
outcome criteria in order to provide national performance
data for each program;
``(4) include, when appropriate, descriptive data, multi-
year data, and multi-cohort data; and
``(5) include comparable data on the performance nationally
of low-income students, first-generation students, and
students with disabilities.''; and
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking paragraph (2) and inserting the following:
``(2) Practices.--
``(A) In general.--The evaluations described in paragraph
(1) shall identify institutional, community, and program or
project practices that are particularly effective in--
``(i) enhancing the access of low-income individuals and
first-generation college students to postsecondary education;
``(ii) the preparation of the individuals and students for
postsecondary education; and
``(iii) fostering the success of the individuals and
students in postsecondary education.
``(B) Primary purpose.--Any evaluation conducted under this
chapter shall have as its primary purpose the identification
of particular practices that further the achievement of the
outcome criteria determined under section 402A(f)(4).
``(C) Dissemination and use of evaluation findings.--The
Secretary shall disseminate to eligible entities and make
available to the public the practices identified under
subparagraph (B). Such practices may be used by eligible
entities that receive assistance under this chapter after the
dissemination.
``(3) Recruitment.--The Secretary shall not require an
eligible entity desiring to receive assistance under this
chapter to recruit students to serve as a control group for
purposes of evaluating any program or project assisted under
this chapter.
``(4) Consideration.--When designing an evaluation under
this subsection, the Secretary shall consider--
``(A) the burden placed upon the program participants or
the eligible entity; and
``(B) approval by the institution's institutional review
board.''.
SEC. 403. GEARUP AMENDMENTS.
(a) Eligible Students.--Section 404A(a) (20 U.S.C. 1070a-
21(a)) is amended--
(1) in paragraph (1), by inserting ``, including students
with disabilities,'' after ``low-income students''; and
(2) in paragraph (2)(A), by inserting ``, including
students with disabilities,'' after ``secondary school
students''.
(b) Award Period; Priority.--Section 404A(b) (20 U.S.C.
1070a-21(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Award period.--The Secretary may award a grant under
this chapter to an eligible entity described in paragraphs
(1) and (2) of subsection (c) for 7 years.
``(3) Priority.--In making awards to eligible entities
described in subsection (c)(1), the Secretary shall--
``(A) give priority to eligible entities that--
``(i) on the day before the date of enactment of the
College Opportunity and Affordability Act of 2007, carried
out successful educational opportunity programs under this
chapter (as this chapter was in effect on such day); and
``(ii) have a prior, demonstrated commitment to early
intervention leading to college access through collaboration
and replication of successful strategies; and
``(B) ensure that students served under this chapter on the
day before the date of enactment of the College Opportunity
and Affordability Act of 2007 continue to receive assistance
through the completion of secondary school.''.
(c) Requirements: Continuity of Services.--
(1) Cohort approach.--Section 404B(g)(1) (20 U.S.C. 1070a-
22(g)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (A);
(B) in subparagraph (B)--
(i) by inserting ``and provide the option of continued
services through the student's first year of attendance at an
institution of higher education'' after ``grade level''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new subparagraph:
``(C) provide services under this chapter to students who
have received services under a previous GEAR UP grant award
but have not yet completed the 12th grade.''.
(2) Early intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(A) in subsection (a)(1)(B)--
(i) by striking ``and'' at the end of clause (ii);
(ii) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iv) the transition to college or postsecondary education
through continuity of services to support students in and
through the first year of
[[Page H686]]
attendance at an institution of higher education.'';
(B) in subsection (b)(2)(A)--
(i) by inserting ``and students in the first year of
attendance at an institution of higher education'' after
``grade 12'';
(ii) by striking ``and'' at the end of clause (i);
(iii) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(iv) by adding at the end the following new clause:
``(iii) may include special programs or tutoring in
science, technology, engineering, or mathematics.''; and
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``grade 12 who is eligible'' and inserting ``grade 12, and
may consider a student in the first year of attendance at an
institution, who is'';
(ii) in paragraph (1), by inserting ``eligible'' before
``to be counted'';
(iii) in paragraph (2), by inserting ``eligible'' before
``for free'', and by striking ``or'';
(iv) in paragraph (3), by inserting ``eligible'' before
``for assistance'', and by striking the period and inserting
a semicolon; and
(v) by adding at the end the following new paragraphs:
``(4) in foster care; or
``(5) a homeless or unaccompanied youth as defined in
section 725 of the McKinney-Vento Homeless Assistance Act.''.
(d) Flexibility in Meeting Matching Requirements.--Section
404C (20 U.S.C. 1070a-23) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``and accrued over
the full duration of the grant award period'' after ``in cash
or in kind'';
(B) in paragraph (2), by adding at the end the following
new sentence: ``Eligible entities may request a reduced match
percentage at the time of application or by petition
subsequent to a grant award, provided that an eligible entity
can demonstrate a change in circumstances that was unknown at
the time of application.''; and
(C) by adding at the end the following new paragraph:
``(3) Additional special rule.--To encourage eligible
entities described in 404A(c) to provide students under this
chapter with financial assistance for postsecondary
education, each dollar of non-Federal funds obligated under
subsection (c)(1) and (c)(2) shall, for purposes of paragraph
(1)(A) of this subsection, be treated as 2 dollars.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paid to students from
State, local, institutional, or private funds under this
chapter'' and inserting ``obligated to students from State,
local, institutional, or private funds under this chapter,
including pre-existing , non-Federal financial assistance
programs'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(4) other resources recognized by the Secretary,
including equipment and supplies, cash contribution from non-
Federal sources, transportation expenses, in-kind or
discounted program services, indirect costs, and facility
usage.''.
(e) Early Intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(1) in subsection (b)(2)(A)(ii), by striking ``and academic
counseling'' and inserting ``, academic counseling, and
financial literacy and economic literacy education or
counseling'';
(2) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(F) Fostering and improving parent and family involvement
in elementary and secondary education by promoting the
advantages of a college education, and emphasizing academic
admission requirements and the need to take college
preparation courses, through parent engagement and leadership
activities.
``(G) Engaging entities described in section 404A(c)(2)(C)
in a collaborative manner to provide matching resources and
participate in other activities authorized under this
section.
``(H) Disseminating information that promotes the
importance of higher education, explains college preparation
and admission requirements, and raises awareness of the
resources and services provided by the eligible entities
described in section 404A(c) to eligible students, their
families, and communities.''; and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) Additional permissible activities for states.--In
meeting the requirements of subsection (a), an eligible
entity described in section 404A(c) (1) receiving funds under
this chapter may, in addition to the activities authorized by
paragraph (2) of this subsection, use funds to provide
technical assistance to--
``(A) middle schools or secondary schools that are located
within the State; or
``(B) partnerships described in section 404A(c)(2) that are
located within the State.''.
(f) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
25) is amended--
(1) in subsection (a)(1), by inserting ``to supplement aid
for which they are regularly eligible'' after ``shall
establish or maintain a financial assistance program that
awards scholarships to students'';
(2) in subsection (a)(2), by inserting ``to supplement aid
for which they are regularly eligible'' after ``An eligible
entity described in section 404A(c)(2) may award scholarships
to eligible students''; and
(3) in subsection (b)(2), by striking ``the maximum Federal
Pell Grant'' and inserting ``the minimum Federal Pell
Grant''.
(g) Authorization of Appropriations.--Section 404H (20
U.S.C. 1070a-31) is amended by striking ``$200,000,000 for
fiscal year 1999 and such sums as may be necessary for each
of the 4 succeeding fiscal years'' and inserting
``$400,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years''.
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.
Chapter 3 of subpart 1 of part A of title IV (20 U.S.C.
1070a-31 et seq.) is repealed.
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
GRANTS.
(a) Authorization of Appropriations.--Section 413A(b)(1)
(20 U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000
for fiscal year 1999'' and inserting ``$875,000,000 for
fiscal year 2009''.
(b) Allowance for Books and Supplies.--Section
413D(c)(3)(D) (20 U.S.C. 1070b-3(c)(3)(D)) is amended by
striking ``$450'' and inserting ``$600''.
SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE.
(a) Authorization of Appropriations.--Section 415A(b) (20
U.S.C. 1070c(b)) is amended by striking paragraphs (1) and
(2) and inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this subpart $200,000,000 for fiscal year 2009
and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(2) Reservation.--For any fiscal year for which the
amount appropriated under paragraph (1) exceeds $30,000,000,
the excess amount shall be available to carry out section
415E.''.
(b) Applications for Leveraging Educational Assistance
Partnership Programs.--Section 415C(b) (20 U.S.C. 1070c-2(b))
is amended--
(1) in paragraph (2), by striking ``$5,000'' and inserting
``$12,500'';
(2) in paragraph (9), by striking ``and'' after the
semicolon;
(3) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(11) provides notification to eligible students that such
grants are--
``(A) Leveraging Educational Assistance Partnership Grants;
and
``(B) funded by the Federal Government and the State.''.
(c) Grants for Access and Persistence.--Section 415E (20
U.S.C. 1070c-3a) is amended to read as follows:
``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.
``(a) Purpose.--It is the purpose of this section to expand
college access and increase college persistence by making
allotments to States to enable the States to--
``(1) expand and enhance partnerships with institutions of
higher education, early information and intervention,
mentoring, or outreach programs, private corporations,
philanthropic organizations, and other interested parties to
carry out activities under this section and to provide
coordination and cohesion among Federal, State, and local
governmental and private efforts that provide financial
assistance to help low-income students attend college;
``(2) provide need-based access and persistence grants to
eligible low-income students;
``(3) provide early notification to low-income students of
their eligibility for financial aid; and
``(4) encourage increased participation in early
information and intervention, mentoring, or outreach
programs.
``(b) Allotments to States.--
``(1) In general.--
``(A) Authorization.--From sums reserved under section
415A(b)(2) for each fiscal year, the Secretary shall make an
allotment to each State that submits an application for an
allotment in accordance with subsection (c) to enable the
State to pay the Federal share of the cost of carrying out
the activities under subsection (d).
``(B) Determination of allotment.--In making allotments
under subparagraph (A), the Secretary shall consider the
following:
``(i) Continuation of award.--If a State continues to meet
the specifications established in its application under
subsection (c), the Secretary shall make an allotment to such
State that is not less than the allotment made to such State
for the previous fiscal year.
``(ii) Priority.--The Secretary shall give priority in
making allotments to States that meet the requirements under
paragraph (2)(B)(ii).
``(2) Federal share.--
``(A) In general.--The Federal share of the cost of
carrying out the activities under subsection (d) for any
fiscal year shall not exceed 66.66 percent.
``(B) Different percentages.--The Federal share under this
section shall be determined in accordance with the following:
``(i) The Federal share of the cost of carrying out the
activities under subsection (d) shall be equal to 57 percent
if a State applies for an allotment under this section in
partnership with any number of degree-granting institutions
of higher education in the State whose combined full-time
enrollment represents less than a majority of all students
attending institutions of higher education in the State,
and--
``(I) philanthropic organizations that are located in, or
that provide funding in, the State; or
``(II) private corporations that are located in, or that do
business in, the State.
``(ii) The Federal share of the cost of carrying out the
activities under subsection (d) shall be equal to 66.66
percent if a State applies for an allotment under this
section in partnership with any number of degree-granting
institutions of higher education in the State whose combined
full-time enrollment represents a majority of all students
attending institutions of higher education in the State,
and--
[[Page H687]]
``(I) philanthropic organizations that are located in, or
that provide funding in, the State; or
``(II) private corporations that are located in, or that do
business in, the State.
``(C) Non-federal share.--
``(i) In general.--The non-Federal share under this section
may be provided in cash or in kind, fairly evaluated.
``(ii) In kind contribution.--For the purpose of
calculating the non-Federal share under this subparagraph, an
in kind contribution is a non-cash contribution that--
``(I) has monetary value, such as the provision of--
``(aa) room and board; or
``(bb) transportation passes; and
``(II) helps a student meet the cost of attendance at an
institution of higher education.
``(iii) Effect on needs analysis.--For the purpose of
calculating a student's need in accordance with part F, an in
kind contribution described in clause (ii) shall not be
considered an asset or income of the student or the student's
parent.
``(c) Application for Allotment.--
``(1) In general.--
``(A) Submission.--A State that desires to receive an
allotment under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(B) Content.--An application submitted under subparagraph
(A) shall include the following:
``(i) A description of the State's plan for using the
allotted funds.
``(ii) Assurances that the State will provide matching
funds, in cash or in kind, from State, institutional,
philanthropic, or private funds, of not less than 33.33
percent of the cost of carrying out the activities under
subsection (d). The State shall specify the methods by which
matching funds will be paid and include provisions designed
to ensure that funds provided under this section will be used
to supplement, and not supplant, Federal and non-Federal
funds available for carrying out the activities under this
title. A State that uses non-Federal funds to create or
expand existing partnerships with nonprofit organizations or
community-based organizations in which such organizations
match State funds for student scholarships, may apply such
matching funds from such organizations toward fulfilling the
State's matching obligation under this clause.
``(iii) Assurances that early information and intervention,
mentoring, or outreach programs exist within the State or
that there is a plan to make such programs widely available.
``(iv) A description of the organizational structure that
the State has in place to administer the activities under
subsection (d).
``(v) A description of the steps the State will take to
ensure students who receive grants under this section persist
to degree completion.
``(vi) Assurances that the State has a method in place,
such as acceptance of the automatic zero expected family
contribution determination described in section 479(c), to
identify eligible low-income students and award State grant
aid to such students.
``(vii) Assurances that the State will provide notification
to eligible low-income students that grants under this
section are--
``(I) Leveraging Educational Assistance Partnership Grants;
and
``(II) funded by the Federal Government and the State.
``(2) State agency.--The State agency that submits an
application for a State under section 415C(a) shall be the
same State agency that submits an application under paragraph
(1) for such State.
``(3) Partnership.--In applying for an allotment under this
section, the State agency shall apply for the allotment in
partnership with--
``(A) not less than one public and one private degree-
granting institution of higher education that are located in
the State;
``(B) new or existing early information and intervention,
mentoring, or outreach programs located in the State; and
``(C) not less than one--
``(i) philanthropic organization located in, or that
provides funding in, the State; or
``(ii) private corporation located in, or that does
business in, the State.
``(4) Roles of partners.--
``(A) State agency.--A State agency that is in a
partnership receiving an allotment under this section--
``(i) shall--
``(I) serve as the primary administrative unit for the
partnership;
``(II) provide or coordinate matching funds, and coordinate
activities among partners;
``(III) encourage each institution of higher education in
the State to participate in the partnership;
``(IV) make determinations and early notifications of
assistance as described under subsection (d)(2); and
``(V) annually report to the Secretary on the partnership's
progress in meeting the purpose of this section; and
``(ii) may provide early information and intervention,
mentoring, or outreach programs.
``(B) Degree-granting institutions of higher education.--A
degree-granting institution of higher education (as defined
in section 102) that is in a partnership receiving an
allotment under this section--
``(i) shall--
``(I) recruit and admit participating qualified students
and provide such additional institutional grant aid to
participating students as agreed to with the State agency;
``(II) provide support services to students who receive an
access and persistence grant under this section and are
enrolled at such institution; and
``(III) assist the State in the identification of eligible
students and the dissemination of early notifications of
assistance as agreed to with the State agency; and
``(ii) may provide funding for early information and
intervention, mentoring, or outreach programs or provide such
services directly.
``(C) Programs.--An early information and intervention,
mentoring, or outreach program that is in a partnership
receiving an allotment under this section shall provide
direct services, support, and information to participating
students.
``(D) Philanthropic organization or private corporation.--A
philanthropic organization or private corporation that is in
a partnership receiving an allotment under this section shall
provide funds for access and persistence grants for
participating students, or provide funds or support for early
information and intervention, mentoring, or outreach
programs.
``(d) Authorized Activities.--
``(1) In general.--
``(A) Establishment of partnership.--Each State receiving
an allotment under this section shall use the funds to
establish a partnership to award access and persistence
grants to eligible low-income students in order to increase
the amount of financial assistance such students receive
under this subpart for undergraduate education expenses.
``(B) Amount.--
``(i) Partnerships with institutions serving less than a
majority of students in the state.--
``(I) In general.--In the case where a State receiving an
allotment under this section is in a partnership described in
subsection (b)(2)(B)(i), the amount of an access and
persistence grant awarded by such State shall be not less
than the amount that is equal to the average undergraduate
tuition and mandatory fees at 4-year public institutions of
higher education in the State where the student resides (less
any other Federal or State sponsored grant amount, college
work study amount, and scholarship amount received by the
student) and such amount shall be used toward the cost of
attendance at an institution of higher education, located in
the State, that is a partner in the partnership.
``(II) Cost of attendance.--A State that has a program,
apart from the partnership under this section, of providing
eligible low-income students with grants that are equal to
the average undergraduate tuition and mandatory fees at 4-
year public institutions of higher education in the State,
may increase the amount of access and persistence grants
awarded by such State up to an amount that is equal to the
average cost of attendance at 4-year public institutions of
higher education in the State (less any other Federal or
State sponsored grant amount, college work study amount, and
scholarship amount received by the student).
``(ii) Partnership with institutions serving the majority
of students in the state.--In the case where a State
receiving an allotment under this section is in a partnership
described in subsection (b)(2)(B)(ii), the amount of an
access and persistence grant awarded by such State shall be
not less than the average cost of attendance at 4-year public
institutions of higher education in the State where the
student resides (less any other Federal or State sponsored
grant amount, college work study amount, and scholarship
amount received by the student) and such amount shall be used
by the student to attend an institution of higher education,
located in the State, that is a partner in the partnership.
``(2) Early notification.--
``(A) In general.--Each State receiving an allotment under
this section shall annually notify low-income students (such
as students who are eligible to receive a free lunch under
the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.))
in grade 7 through grade 12 in the State, and their families,
of their potential eligibility for student financial
assistance, including an access and persistence grant, to
attend an institution of higher education.
``(B) Content of notice.--The notification under
subparagraph (A)--
``(i) shall include--
``(I) information about early information and intervention,
mentoring, or outreach programs available to the student;
``(II) information that a student's candidacy for an access
and persistence grant is enhanced through participation in an
early information and intervention, mentoring, or outreach
program;
``(III) an explanation that student and family eligibility
and participation in other Federal means-tested programs may
indicate eligibility for an access and persistence grant and
other student aid programs;
``(IV) a nonbinding estimation of the total amount of
financial aid a low-income student with a similar income
level may expect to receive, including an estimation of the
amount of an access and persistence grant and an estimation
of the amount of grants, loans, and all other available types
of aid from the major Federal and State financial aid
programs;
``(V) an explanation that in order to be eligible for an
access and persistence grant, at a minimum, a student shall
meet the requirement under paragraph (3), graduate from
secondary school, and enroll at an institution of higher
education that is a partner in the partnership;
``(VI) information on any additional requirements (such as
a student pledge detailing student responsibilities) that the
State may impose for receipt of an access and persistence
grant under this section; and
``(VII) instructions on how to apply for an access and
persistence grant and an explanation that a student is
required to file a Free Application for Federal Student Aid
authorized under section 483(a) to be eligible for such grant
and assistance from other Federal and State financial aid
programs; and
[[Page H688]]
``(ii) may include a disclaimer that access and persistence
grant awards are contingent upon--
``(I) a determination of the student's financial
eligibility at the time of the student's enrollment at an
institution of higher education that is a partner in the
partnership;
``(II) annual Federal and State appropriations; and
``(III) other aid received by the student at the time of
the student's enrollment at an institution of higher
education that is a partner in the partnership.
``(3) Eligibility.--In determining which students are
eligible to receive access and persistence grants, the State
shall ensure that each such student complies with the
following subparagraph (A) or (B):
``(A) Meets not less than 2 of the following criteria, with
priority given to students meeting all of the following
criteria:
``(i) Has an expected family contribution equal to zero (as
described in section 479) or a comparable alternative based
upon the State's approved criteria in section 415C(b)(4).
``(ii) Has qualified for a free lunch, or at the State's
discretion a reduced price lunch, under the school lunch
program established under the Richard B. Russell National
School Lunch Act.
``(iii) Qualifies for the State's maximum undergraduate
award, as authorized under section 415C(b).
``(iv) Is participating in, or has participated in, a
Federal, State, institutional, or community early information
and intervention, mentoring, or outreach program, as
recognized by the State agency administering activities under
this section.
``(B) Is receiving, or has received, an access and
persistence grant under this section, in accordance with
paragraph (5).
``(4) Grant award.--Once a student, including a student who
has received early notification under paragraph (2) from the
State, applies for admission to an institution that is a
partner in the partnership, files a Free Application for
Federal Student Aid and any related State form, and is
determined to be eligible by the State under paragraph (3),
the State shall--
``(A) issue the student a preliminary access and
persistence grant award certificate with tentative award
amounts; and
``(B) inform the student that payment of the access and
persistence grant award amounts is subject to certification
of enrollment and award eligibility by the institution of
higher education.
``(5) Duration of award.--An eligible student that receives
an access and persistence grant under this section shall
receive such grant award for each year of such student's
undergraduate education in which the student remains eligible
for assistance under this title, including pursuant to
section 484(c), and remains financially eligible as
determined by the State, except that the State may impose
reasonable time limits to baccalaureate degree completion.
``(e) Administrative Cost Allowance.--A State that receives
an allotment under this section may reserve not more than 3.5
percent of the funds made available annually through the
allotment for State administrative functions required to
carry out this section.
``(f) Statutory and Regulatory Relief for Institutions of
Higher Education.--The Secretary may grant, upon the request
of an institution of higher education that is in a
partnership described in subsection (b)(2)(B)(ii) and that
receives an allotment under this section, a waiver for such
institution from statutory or regulatory requirements that
inhibit the ability of the institution to successfully and
efficiently participate in the activities of the partnership.
``(g) Applicability Rule.--The provisions of this subpart
which are not inconsistent with this section shall apply to
the program authorized by this section.
``(h) Maintenance of Effort Requirement.--Each State
receiving an allotment under this section for a fiscal year
shall provide the Secretary an assurance that the aggregate
amount expended per student or the aggregate expenditures by
the State, from funds derived from non-Federal sources, for
the authorized activities described in subsection (d) for the
preceding fiscal year were not less than the amount expended
per student or the aggregate expenditure by the State for
such activities for the second preceding fiscal year.
``(i) Special Rule.--Notwithstanding subsection (h), for
purposes of determining a State's share of the cost of the
authorized activities described in subsection (d), the State
shall consider only those expenditures from non-Federal
sources that exceed its total expenditures for need-based
grants, scholarships, and work-study assistance for fiscal
year 1999 (including any such assistance provided under this
subpart).
``(j) Reports.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, and annually thereafter, the Secretary shall submit a
report describing the activities and the impact of the
partnerships under this section to the authorizing
committees.''.
(d) Continuation and Transition.--During the 2-year period
commencing on the date of enactment of this Act, the
Secretary shall continue to award grants under section 415E
of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a), as
such section existed on the day before the date of enactment
of this Act, to States that choose to apply for grants under
such predecessor section.
(e) Implementation and Evaluation.--Section 491(j) (20
U.S.C. 1098(j)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) not later than 6 months after the date of enactment
of the College Opportunity and Affordability Act of 2007,
advise the Secretary on means to implement the activities
under section 415E, and the Advisory Committee shall continue
to monitor, evaluate, and make recommendations on the
progress of partnerships that receive allotments under such
section; and''.
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE
ENGAGED IN MIGRANT AND SEASONAL FARMWORK.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)(i), by striking ``parents'' and
inserting ``immediate family'';
(B) in paragraph (3)(B), by inserting ``(including
preparation for college entrance examinations)'' after
``college program'';
(C) in paragraph (5), by striking ``weekly'';
(D) in paragraph (7), by striking ``and'' after the
semicolon;
(E) in paragraph (8)--
(i) by inserting ``(such as transportation and child
care)'' after ``services''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(F) by adding at the end the following:
``(9) other activities to improve persistence and retention
in postsecondary education.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``parents'' and
inserting ``immediate family''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting ``to
improve placement, persistence, and retention in
postsecondary education,'' after ``services''; and
(II) in clause (i), by striking ``and career'' and
inserting ``career, and economic education or personal
finance'';
(iii) in subparagraph (E), by striking ``and'' after the
semicolon;
(iv) by redesignating subparagraph (F) as subparagraph (G);
(v) by inserting after subparagraph (E) the following:
``(F) internships; and''; and
(vi) in subparagraph (G) (as redesignated by clause (iv)),
by striking ``support services'' and inserting ``essential
supportive services (such as transportation and child
care)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``, and coordinating such services, assistance,
and aid with other non-program services, assistance, and aid,
including services, assistance, and aid provided by
community-based organizations, which may include mentoring
and guidance; and''; and
(iii) by adding at the end the following:
``(C) for students attending 2-year institutions of higher
education, encouraging the students to transfer to 4-year
institutions of higher education, where appropriate, and
monitoring the rate of transfer of such students.'';
(3) in subsection (e), by striking ``section 402A(c)(1)''
and inserting ``section 402A(c)(2)'';
(4) in subsection (f)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$180,000''; and
(B) in paragraph (2), by striking ``$150,000'' and
inserting ``$180,000'';
(5) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(6) by inserting after subsection (f) the following:
``(g) Reservation of Funds.--From the amounts made
available under subsection (i), the Secretary may reserve not
more than a total of \1/2\ of 1 percent for outreach
activities, technical assistance, and professional
development programs relating to the programs under
subsection (a).'';
(7) by striking subsection (h) (as redesignated by
paragraph (5)) and inserting the following:
``(h) Data Collection.--The Commissioner for Education
Statistics shall--
``(1) annually collect data on persons receiving services
authorized under this subpart regarding such persons rates of
secondary school graduation, entrance into postsecondary
education, and completion of postsecondary education;
``(2) not less often than once every 2 years, prepare and
submit to the authorizing committees a report based on the
most recently available data under paragraph (1) to the
authorizing committees; and
``(3) make such report available to the public.''; and
(8) in subsection (i) (as redesignated by paragraph (5))--
(A) in paragraph (1), by striking ``$15,000,000 for fiscal
year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.''; and
(B) in paragraph (2), by striking ``$5,000,000 for fiscal
year 1999'' and all that follows through the period and
inserting ``such sums for fiscal year 2009 and each of the 4
succeeding fiscal years.''.
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
Subpart 6 of part A of title IV is amended to read as
follows:
``Subpart 6--Robert C. Byrd American Competitiveness Program
``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS
SCHOLARSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to award
scholarships to students who are enrolled in studies leading
to baccalaureate and advanced degrees in physical, life, or
computer sciences, mathematics, or engineering.
``(b) Definitions.--As used in this section--
[[Page H689]]
``(1) the term `computer science' means the branch of
knowledge or study of computers, including such fields of
knowledge or study as computer hardware, computer software,
computer engineering, information systems, and robotics;
``(2) the term `eligible student' means a student who--
``(A) is a citizen of the United States;
``(B) is selected by the managing agent to receive a
scholarship;
``(C) is enrolled full-time in an institution of higher
education, other than a United States service academy; and
``(D) has shown a commitment to and is pursuing a major in
studies leading to a baccalaureate, masters, or doctoral
degree (or a combination thereof) in physical, life, or
computer sciences, mathematics, or engineering;
``(3) the term `engineering' means the science by which the
properties of matter and the sources of energy in nature are
made useful to humanity in structures, machines, and
products, as in the construction of engines, bridges,
buildings, mines, and chemical plants, including such fields
of knowledge or study as aeronautical engineering, chemical
engineering, civil engineering, electrical engineering,
industrial engineering, materials engineering, manufacturing
engineering, and mechanical engineering;
``(4) the term `life sciences' means the branch of
knowledge or study of living things, including such fields of
knowledge or study as biology, biochemistry, biophysics,
microbiology, genetics, physiology, botany, zoology, ecology,
and behavioral biology, except that the term does not
encompass social psychology or the health professions;
``(5) the term `managing agent' means an entity to which an
award is made under subsection (c) to manage a program of
Mathematics and Science Honors Scholarships;
``(6) the term `mathematics' means the branch of knowledge
or study of numbers and the systematic treatment of
magnitude, relationships between figures and forms, and
relations between quantities expressed symbolically,
including such fields of knowledge or study as statistics,
applied mathematics, and operations research; and
``(7) the term `physical sciences' means the branch of
knowledge or study of the material universe, including such
fields of knowledge or study as astronomy, atmospheric
sciences, chemistry, earth sciences, ocean sciences, physics,
and planetary sciences.
``(c) Award.--
``(1)(A) From funds appropriated under section 419F to
carry out this section, the Secretary is authorized, through
a grant or cooperative agreement, to make an award to a
private, non-profit organization, other than an institution
of higher education or system of institutions of higher
education, to manage, through a public and private
partnership, a program of Mathematics and Science Honors
Scholarships under this section.
``(B) The award under subparagraph (A) shall be for a five-
year period.
``(2)(A) One hundred percent of the funds awarded under
paragraph (1)(A) for any fiscal year shall be obligated and
expended solely on scholarships to eligible students.
``(B) No Federal funds shall be used to provide more than
50 percent of the cost of any scholarship to an eligible
student.
``(C) The maximum scholarship award shall be the difference
between an eligible student's cost of attendance minus any
non-loan based aid such student receives.
``(3)(A) The Secretary may establish--
``(i) eligibility criteria for applicants for managing
agent, including criteria regarding financial and
administrative capability; and
``(ii) operational standards for the managing agent,
including management and performance requirements, such as
audit, recordkeeping, record retention, and reporting
procedures and requirements.
``(B) The Secretary, as necessary, may review and revise
any criteria, standards, and rules established under this
paragraph and, through the agreement with the managing agent,
see that any revisions are implemented.
``(4) If the managing agent fails to meet the requirements
of this section the Secretary may terminate the award to the
managing agent.
``(5) The Secretary shall conduct outreach efforts to help
raise awareness of the Mathematics and Science Honors
Scholarships.
``(d) Duties of the Managing Agent.--The managing agent
shall--
``(1) develop criteria to award Mathematics and Science
Honors Scholarships based on established measurements
available to secondary students who wish to pursue degrees in
physical, life, or computer sciences, mathematics, or
engineering;
``(2) establish a Mathematics and Science Honors
Scholarship Fund in a separate, named account that clearly
discloses the amount of Federal and non-Federal funds
deposited in the account and used for scholarships under this
section;
``(3) solicit funds for scholarships and for the
administration of the program from non-Federal sources;
``(4) solicit applicants for scholarships;
``(5) from the amounts in the Fund, award scholarships to
eligible students and transfer such funds to the institutions
of higher education that they attend;
``(6) annually submit to the Secretary a financial audit
and a report on the progress of the program, and such other
documents as the Secretary may require to determine the
effective management of the program; and
``(7) shall not develop a criteria that discriminates
against a student based on the type of program in which the
student completed his or her secondary education.
``(e) Applications.--
``(1) Any eligible entity that desires to be the managing
agent under this section shall submit an application to the
Secretary, in such form and containing such information, as
the Secretary may require.
``(2) Each application shall include a description of--
``(A) how the applicant meets or will meet requirements
established under subsections (c)(3)(A) and (d);
``(B) how the applicant will solicit funds for scholarships
and for the administration of the program from non-Federal
sources;
``(C) how the applicant will provide nationwide outreach to
inform students about the program and to encourage students
to pursue degrees in physical, life, or computer sciences,
mathematics, or engineering;
``(D) how the applicant will solicit applications for
scholarships, including how the applicant will balance
efforts in urban and rural areas;
``(E) the selection criteria based on established
measurements available to secondary students the applicant
will use to award scholarships and to renew those awards;
``(F) how the applicant will inform the institution of
higher education chosen by the recipient of the name and
scholarship amount of the recipient;
``(G) what procedures and assurances the applicant and the
institution of higher education that the recipient attends
will use to verify student eligibility, attendance, degree
progress, and academic performance and to deliver and account
for payments to such institution;
``(H) the management (including audit and accounting)
procedures the applicant will use for the program;
``(I) the human, financial, and other resources that the
applicant will need and use to manage the program;
``(J) how the applicant will evaluate the program and
report to the Secretary annually; and
``(K) a description of how the entity will coordinate with,
complement, and build on similar public and private
mathematics and science programs.
``(f) Scholarship Recipients.--
``(1) A student receiving a scholarship under this section
shall be known as a Byrd Mathematics and Science Honors
Scholar.
``(2) Any student desiring to receive a scholarship under
this section shall submit an application to the managing
agent in such form, and containing such information, as the
managing agent may require.
``(3) Any student that receives a scholarship under this
section shall enter into an agreement with the managing agent
to complete 5 consecutive years of service to begin no later
than 12 months following completion of the final degree in a
position related to the field in which the student obtained
the degree.
``(4) If any student that receives a scholarship under this
section fails to earn at least a baccalaureate degree in
physical, life, or computer sciences, mathematics, or
engineering as defined under this section, the student shall
repay to the managing agent the amount of any financial
assistance paid to such student.
``(5) If any student that receives a scholarship under this
section fails to meet the requirements of paragraph (3), the
student shall repay to the managing agent the amount of any
financial assistance paid to such student.
``(6)(A) Scholarships shall be awarded for only one
academic year of study at a time.
``(B)(i) A scholarship shall be renewable on an annual
basis for the established length of the academic program if
the student awarded the scholarship remains eligible.
``(ii) The managing agent may condition renewal of a
scholarship on measures of academic progress and achievement,
with the approval of the Secretary.
``(C)(i) If a student fails to either remain eligible or
meet established measures of academic progress and
achievement, the managing agent shall instruct the student's
institution of higher education to suspend payment of the
student's scholarship.
``(ii) A suspension of payment shall remain in effect until
the student is able to demonstrate to the satisfaction of the
managing agent that he or she is again eligible and meets the
established measures of academic progress and achievement.
``(iii) A student's eligibility for a scholarship shall be
terminated if a suspension period exceeds 12 months.
``(D)(i)(I) A student awarded a scholarship may, in a
manner and under the terms established by, and with the
approval of, the managing agent, postpone or interrupt his or
her enrollment at an institution of higher education for up
to 12 months.
``(II) Such a postponement or interruption shall not be
considered a suspension for purposes of subparagraph (C).
``(ii) Neither a student nor the student's institution of
higher education shall receive the student's scholarship
payments during the period of postponement or interruption,
but such payments shall resume upon enrollment or
reenrollment.
``(iii) In exceptional circumstances, such as serious
injury or illness or the necessity to care for family
members, the student's postponement or interruption may, upon
notification and approval of the managing agent, be extended
beyond the 12 month period described in clause (i)(I).
``(g) Responsibilities of Institution of Higher
Education.--
``(1) The managing agent shall require any institution of
higher education that enrolls a student who receives a
scholarship under this section to annually provide an
assurance, prior to making any payment, that the student--
``(A) is eligible in accordance with subsection (b)(2); and
``(B) has provided the institution with a written
commitment to attend, or is attending, classes and is
satisfactorily meeting the institution's
[[Page H690]]
academic criteria for enrollment in its program of study.
``(2)(A) The managing agent shall provide the institution
of higher education with payments from the Fund for selected
recipients in at least two installments.
``(B) If a recipient declines a scholarship, does not
attend courses, transfers to another institution of higher
education, or becomes ineligible for a scholarship, an
institution of higher education shall return prorated amounts
of any scholarship payment to that recipient to the managing
agent, who shall deposit it in to the Fund.
``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary is authorized to carry out
a program of assuming the obligation to pay, pursuant to the
provisions of this section, the interest on a loan made,
insured, or guaranteed under part B or D of this title.
``(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
``(A) has submitted an application in compliance with
subsection (d);
``(B) obtained one or more loans described in paragraph (1)
as an undergraduate student;
``(C) is a new borrower (within the meaning of section
103(7) of this Act) on or after the date of enactment of the
College Opportunity and Affordability Act of 2007;
``(D) is a highly qualified teacher (as defined in section
9101 of the Elementary and Secondary Education Act of 1965)
of science, technology, engineering or mathematics at an
elementary or secondary school in a high need local
educational agency, or is a mathematics, science, or
engineering professional; and
``(E) enters into an agreement with the Secretary to
complete 5 consecutive years of service in a position
described in subparagraph (D), starting on the date of the
agreement.
``(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
``(A) accrues prior to the beginning of the repayment
period on a loan in the case of a loan made under section
428H or a Federal Direct Unsubsidized Stafford Loan; or
``(B) has accrued prior to the signing of an agreement
under paragraph (2)(E).
``(4) Initial selection.--In selecting participants for the
program under this section, the Secretary--
``(A) shall choose among eligible applicants on the basis
of--
``(i) the national security, homeland security, and
economic security needs of the United States, as determined
by the Secretary, in consultation with other Federal
agencies, including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the Central
Intelligence Agency, and the National Science Foundation; and
``(ii) the academic record or job performance of the
applicant; and
``(B) may choose among eligible applicants on the basis
of--
``(i) the likelihood of the applicant to complete the 5-
year service obligation;
``(ii) the likelihood of the applicant to remain in
science, mathematics, or engineering after the completion of
the service requirement; or
``(iii) other relevant criteria determined by the
Secretary.
``(5) Availability subject to appropriations.--Loan
interest payments under this section shall be subject to the
availability of appropriations. If the amount appropriated
for any fiscal year is not sufficient to provide interest
payments on behalf of all qualified applicants, the Secretary
shall give priority to those individuals on whose behalf
interest payments were made during the preceding fiscal year.
``(6) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out
the provisions of this section.
``(b) Duration and Amount of Interest Payments.--The period
during which the Secretary shall pay interest on behalf of a
student borrower who is selected under subsection (a) is the
period that begins on the effective date of the agreement
under subsection (a)(2)(E), continues after successful
completion of the service obligation, and ends on the earlier
of--
``(1) the completion of the repayment period of the loan;
``(2) payment by the Secretary of a total of $5,000 on
behalf of the borrower;
``(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-
year period, as soon as the borrower is determined to have
ceased to fulfill such obligation in accordance with
regulations of the Secretary; or
``(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis
of the National Income and Product Accounts Tables of the
Bureau of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
``(c) Repayment to Eligible Lenders.--Subject to the
regulations prescribed by the Secretary by regulation under
subsection (a)(6), the Secretary shall pay to each eligible
lender or holder for each payment period the amount of the
interest that accrues on a loan of a student borrower who is
selected under subsection (a).
``(d) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
interest payment under this section shall submit a complete
and accurate application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Failure to complete service agreement.--Such
application shall contain an agreement by the individual
that, if the individual fails to complete the 5 consecutive
years of service required by subsection (a)(2)(E), the
individual agrees to repay the Secretary the amount of any
interest paid by the Secretary on behalf of the individual.
``(e) Treatment of Consolidation Loans.--A consolidation
loan made under section 428C of this Act, or a Federal Direct
Consolidation Loan made under part D of title IV of this Act,
may be a qualified loan for the purpose of this section only
to the extent that such loan amount was used by a borrower
who otherwise meets the requirements of this section to
repay--
``(1) a loan made under section 428 or 428H of this Act; or
``(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
this Act.
``(f) Prevention of Double Benefits.--No borrower may, for
the same service, receive a benefit under both this section
and--
``(1) any loan forgiveness program under title IV of this
Act; or
``(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(g) Definitions.--As used in this section--
``(1) the term `high need local educational agency' has the
same meaning given such term in section 200; and
``(2) the term `mathematics, science, or engineering
professional' means a person who--
``(A) holds a baccalaureate, masters, or doctoral degree
(or a combination thereof) in science, mathematics, or
engineering; and
``(B) works in a field the Secretary determines is closely
related to that degree, which shall include working as a
professor at a two- or four-year institution of higher
education.
``SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS.
``(a) Purpose.--The purpose of this section is to increase
the number of highly qualified teachers in, and the number of
United States' students who achieve the highest level of
proficiency in, foreign languages critical to the security
and competitiveness of the Nation.
``(b) Program Authorized.--The Secretary is authorized to
award grants to institutions of higher education, in
partnership with one or more local educational agencies, to
establish teacher preparation programs in critical foreign
languages, and activities that will enable successful
students to advance from elementary school through college to
achieve proficiency in those languages.
``(c) Applications.--
``(1) Application required.--Any institution of higher
education that desires to receive a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Contents.--Each Application shall--
``(A) identify each local educational agency partner and
describe each such partner's responsibilities (including how
they will be involved in planning and implementing the
program, what resources they will provide, and how they will
ensure continuity of student progress from elementary school
to the postsecondary level); and
``(B) describe how the applicant will support and continue
the program after the grant has expired, including how it
will seek support from other sources, such as State and local
government, foundations, and the private sector.
``(d) Uses of Funds.--Funds awarded under this section
shall be used to develop and implement programs consistent
with the purpose of this section by carrying out one or more
of the following activities:
``(1) To recruit highly qualified teachers in critical
foreign languages and professional development activities for
such teachers at the elementary through high school level.
``(2) To provide innovative opportunities for students that
will allow for critical language learning, such as immersion
environments, intensive study opportunities, internships, and
distance learning.
``(e) Matching Requirement.--Each grantee under this
section shall provide, from non-Federal sources, an amount
equal to 100 percent of the amount of the grant (in cash or
in kind) to carry out the activities supported by the grant.
``(f) Evaluation.--The Secretary shall evaluate the
activities funded under this section and report the results
of the evaluation to the appropriate Committees of Congress.
``SEC. 419D. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $50,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the 4 succeeding fiscal years.''.
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended by striking ``$10,000'' and
inserting ``$30,000''.
(b) Eligible Institutions.--Section 419N(b)(4) is amended
by striking ``$350,000'' and inserting ``$250,000''.
(c) Income Eligibility.--Section 419N(b)(7) is amended by
striking ``who is eligible to receive'' and inserting ``whose
income qualifies for eligibility for''.
(d) Publicity.--Section 419N(b) is further amended by
adding at the end the following new paragraph:
``(8) Publicity.--The Secretary shall publicize the
availability of grants under this section in appropriate
periodicals in addition to publication in the Federal
Register, and shall inform appropriate educational
organizations of such availability.''.
(e) Authorization of Appropriations.--Section 419N(g) (20
U.S.C. 1070e(g)) is amended by striking ``$45,000,000 for
fiscal year 1999'' and all
[[Page H691]]
that follows through the period and inserting ``such sums as
may be necessary for fiscal year 2009 and each of the 4
succeeding fiscal years.''.
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.)
is repealed.
SEC. 411. TEACH GRANTS.
Subpart 9 of part A of title IV is amended--
(1) in section 420L(1)(B), by striking ``sound'' and
inserting ``responsible'';
(2) in section 420M--
(A) by striking ``academic year'' each place it appears in
subsections (a)(1) and (c)(1) and inserting ``year''; and
(B) in subsection (c)(2)--
(i) by striking ``other student assistance'' and inserting
``other assistance the student may receive''; and
(ii) by striking the second sentence; and
(3) by adding at the end the following new section:
``SEC. 420P. PROGRAM EVALUATION.
``The Secretary shall evaluate the effectiveness of TEACH
grants with respect to the schools and students served by
recipients of such grants. Such evaluation shall take into
consideration information related to--
``(1) the number of TEACH grant recipients;
``(2) the gender, race, ethnicity, and age of such
recipients;
``(3) the degrees obtained by such recipients;
``(4) the location, including the school, local educational
agency, and State, where the recipients completed the service
agreed to under section 420N(b) and the subject taught;
``(5) the duration of such service, including information
related to whether recipients serve for more than the 4 years
required under such section; and
``(6) any other data necessary to conduct such
evaluation.''.
PART B--FEDERAL FAMILY EDUCATION LOANS
SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL
INSURANCE.
Section 424(a) (20 U.S.C. 1074(a)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 422. FEDERAL INTEREST SUBSIDIES.
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 423. STUDENT LOAN INFORMATION.
Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at
the end the following new paragraph:
``(4) Student loan information.--
``(A) Notwithstanding any other provision of law or
regulation, if requested by an institution of higher
education or a third party servicer (as defined in section
481(c)) working on behalf of such institution to prevent
student loan defaults for borrowers who currently attend or
previously attended such institution, a lender, secondary
market, holder, or guaranty agency shall provide, free of
charge and in a timely and effective manner, any student loan
information pertaining to loans made under this title to such
borrowers maintained by that entity, provided that the
information requested is for a borrower who currently attends
or previously attended such institution.
``(B) An institution and any third party servicer obtaining
access to information under subparagraph (A) shall safeguard
that information in order to prevent potential abuses of that
information, including identity theft.
``(C) Any third party servicer that obtains information
under this paragraph--
``(i) shall only use the information in a manner directly
related to the default prevention work the servicer is
performing on behalf of the institution of higher education;
``(ii) shall not sell the information to other entities;
``(iii) shall not share the information with, or transfer
the information to, entities other than the borrower or the
institution of higher education referenced in subparagraph
(A); and
``(iv) shall be subject to any regulations established by
the Secretary pursuant to section 432 concerning the misuse
of such information, including any penalties for such
misuse.''.
SEC. 424. CONSOLIDATION LOAN DISCLOSURE.
Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) that the lender will disclose, in a clear and
conspicuous manner, to borrowers who seek to consolidate
loans made under part E of this title--
``(i) that once the borrower adds a Federal Perkins Loan to
a Federal Consolidation Loan, the borrower will lose all
interest-free periods that would have been available, such as
those when no interest accrues on the Federal Perkins Loan
while the borrower is enrolled in school at least half-time,
during the grace period, and during periods when the
borrower's student loan repayments are deferred;
``(ii) that the borrower will no longer be eligible for
loan cancellation of Federal Perkins Loans under any
provision of section 465; and
``(iii) in detail the occupations listed in section 465 for
which the borrower will lose eligibility for Federal Perkins
Loan cancellation;''.
SEC. 425. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL
NEED.
Section 428K (20 U.S.C. 1078-11) is amended to read as
follows:
``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF
NATIONAL NEED.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in
subsection (c) who--
``(A) is employed full-time in an area of national need
described in subsection (b); and
``(B) is not in default on a loan for which the borrower
seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized
to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan made,
insured, or guaranteed under this part (other than an
excepted PLUS loan (as such term is defined in section
493C(a))); and
``(B) to cancel a qualified loan amount for a loan made
under part D of this title (other than such an excepted PLUS
loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Areas of National Need.--For purposes of this
section, an individual shall be treated as employed in an
area of national need if the individual is employed full-time
as any of the following:
``(1) Early childhood educators.--An individual who is
employed as an early childhood educator in an eligible
preschool program or eligible early childhood education
program in a low-income community, and who is involved
directly in the care, development, and education of infants,
toddlers, or young children age 5 and under.
``(2) Nurses.--An individual who is employed--
``(A) as a nurse in a clinical setting; or
``(B) as a member of the nursing faculty at an accredited
school of nursing (as those terms are defined in section 801
of the Public Health Service Act (42 U.S.C. 296)).
``(3) Foreign language specialists.--An individual who has
obtained a baccalaureate or advanced degree in a critical
foreign language and is employed--
``(A) in an elementary or secondary school as a teacher of
a critical foreign language;
``(B) in an agency of the United States Government in a
position that regularly requires the use of such critical
foreign language; or
``(C) in an institution of higher education as a faculty
member or instructor teaching a critical foreign language.
``(4) Librarians.--An individual who is employed as a
librarian in--
``(A) a public library that serves a geographic area within
which the public schools have a combined average of 30
percent or more of their total student enrollments composed
of children counted under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965; or
``(B) a high-need school.
``(5) Highly qualified teachers: serving students who are
limited english proficient, low-income communities, and
underrepresented populations.--An individual who--
``(A) is highly qualified as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965; and
``(B)(i) is employed as a teacher educating students who
are limited English proficient;
``(ii) is employed as a teacher in a high-need school; or
``(iii) is an individual from an underrepresented
population in the teaching profession, as determined by the
Secretary.
``(6) Child welfare workers.--An individual who--
``(A) has obtained a degree in social work or a related
field with a focus on serving children and families; and
``(B) is employed in public or private child welfare
services.
``(7) Speech-language pathologists.--An individual who is a
speech-language pathologist, who is employed in an eligible
preschool program or an elementary or secondary school, and
who has, at a minimum, a graduate degree in speech-language
pathology, or communication sciences and disorders.
``(8) National service.--An individual who is engaged as a
participant in a project under the National and Community
Service Act of 1990 (as such terms are defined in section 101
of such Act (42 U.S.C. 12511)).
``(9) School counselors.--An individual who is employed as
a school counselor (as such term is defined in section
5421(e)(3) of Elementary and Secondary Education Act of 1965
(20 U.S.C. 7245(e)(3))) in a high-need school.
``(10) Public sector employees.--An individual who is
employed in public safety (including as a first responder,
firefighter, police officer, or other law enforcement or
public safety officer), emergency management (including as an
emergency medical technician), public health (including full-
time professionals engaged in health care practitioner
occupations and health care support occupations, as such
terms are defined by the Bureau of Labor Statistics), or
public interest legal services (including prosecution or
public defense or legal advocacy in low-income communities at
a nonprofit organization).
``(11) Nutrition professionals.--An individual who--
``(A) is a licensed, certified, or registered dietician who
has completed a degree in a relevant field; and
``(B) has obtained employment in an agency of the special
supplemental nutrition program for women, infants, and
children under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
``(12) Medical specialists.--An individual who--
``(A) has received his or her degree from an accredited
medical school (as accredited by the Liaison Committee on
Medical Education or as defined by this title IV); and
[[Page H692]]
``(B)(i) has been accepted to, or currently participates
in, a graduate medical education training program or
fellowship (or both) to provide health care services (as
recognized by the Accreditation Council for Graduate Medical
Education); or
``(ii) has been accepted to, or currently participates in,
a graduate medical education program or fellowship (or both)
to provide health care services that--
``(I) requires more than 5 years of total graduate medical
training; and
``(II) has fewer United States medical school graduate
applicants than the total number of training and fellowship
positions available in the programs specified in subclause
(I) of this clause.
``(13) Mental health professionals.--Individuals who have
at least a master's degree in social work, psychology, or
psychiatry and who are providing mental health services to
children, adolescents, or veterans.
``(c) Qualified Loan Amount.--At the end of each school,
academic, or calendar year of full-time employment on or
after the date of enactment of the College Opportunity and
Affordability Act of 2007 in an area of national need
described in subsection (b), not to exceed 5 years, the
Secretary shall forgive not more than $2,000 of the student
loan obligation of a borrower that is outstanding after the
completion of each such school, academic, or calendar year of
employment, as appropriate, not to exceed $10,000 in the
aggregate for any borrower.
``(d) Priority.--The Secretary shall grant loan forgiveness
under this section on a first-come, first-served basis, and
subject to the availability of appropriations.
``(e) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a
loan.
``(f) Segal Americorps Education Award and National Service
Award Recipients.--A student borrower who qualifies for the
maximum education award under subtitle D of title I of the
National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.) shall receive under this section the amount, if any,
by which the maximum benefit available under this section
exceeds the maximum education award available under such
subtitle.
``(g) Ineligibility for Double Benefits.--No borrower may
receive a reduction of loan obligations under both this
section and section 428J or 460.
``(h) Definitions.--In this section:
``(1) Early childhood educator.--The term `early childhood
educator' means an early childhood educator who works
directly with children in an eligible preschool program or
eligible early childhood education program who has completed
a baccalaureate or advanced degree in early childhood
development, early childhood education, or in a field related
to early childhood education.
``(2) Eligible preschool program.--The term `eligible
preschool program' means a program that provides for the
care, development, and education of infants, toddlers, or
young children age 5 and under, meets any applicable State or
local government licensing, certification, approval, and
registration requirements, and is operated by--
``(A) a public or private school that is supported,
sponsored, supervised, or administered by a local educational
agency;
``(B) a Head Start agency serving as a grantee designated
under the Head Start Act (42 U.S.C. 9831 et seq.);
``(C) a nonprofit or community based organization; or
``(D) a child care program, including a home.
``(3) Eligible early childhood education program.--The term
`eligible early childhood education program' means--
``(A) a family child care program, center-based child care
program, State prekindergarten program, school program, or
other out-of-home early childhood development care program,
that--
``(i) is licensed or regulated by the State; and
``(ii) serves 2 or more unrelated children who are not old
enough to attend kindergarten;
``(B) a Head Start Program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.); or
``(C) an Early Head Start Program carried out under section
645A of the Head Start Act (42 U.S.C. 9840a).
``(4) Low-income community.--The term `low-income
community' means a school attendance area (as defined in
section 1113(a)(2)(A) of the Elementary and Secondary
Education Act of 1965)--
``(A) in which 70 percent of households earn less than 85
percent of the State median household income; or
``(B) that includes a high-need school.
``(5) Nurse.--The term `nurse' means a nurse who meets all
of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as those terms are
defined in section 801 of the Public Health Service Act (42
U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that provides nurse
training.
``(B) The nurse holds a valid and unrestricted license to
practice nursing in the State in which the nurse practices in
a clinical setting.
``(C) The nurse holds one or more of the following:
``(i) A graduate degree in nursing, or an equivalent
degree.
``(ii) A nursing degree from a collegiate school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(iii) A nursing degree from an associate degree school of
nursing (as defined in section 801 of the Public Health
Service Act (42 U.S.C. 296)).
``(iv) A nursing degree from a diploma school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(6) Speech-language pathologist.--The term `speech-
language pathologist' means a speech-language pathologist
who--
``(A) has received, at a minimum, a graduate degree in
speech-language pathology or communication sciences and
disorders from an institution of higher education accredited
by an agency or association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides speech-language pathology services under
section 1861(ll)(1) of the Social Security Act (42 U.S.C.
1395x(ll)(1)), or meets or exceeds the qualifications for a
qualified speech-language pathologist under subsection
(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)).
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years to provide loan forgiveness in
accordance with this section.''.
SEC. 426. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.
Part B of title IV (20 U.S.C. 1071 et seq.) is amended by
inserting after section 428K the following new section:
``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
civil legal assistance attorneys.
``(b) Definitions.--In this section:
``(1) Civil legal assistance attorney.--The term `civil
legal assistance attorney' means an attorney who--
``(A) is a full-time employee of a nonprofit organization
that provides legal assistance with respect to civil matters
to low-income individuals without a fee;
``(B) as such employee, provides civil legal assistance as
described in subparagraph (A) on a full-time basis; and
``(C) is continually licensed to practice law.
``(2) Student loan.--The term `student loan' means--
``(A) subject to subparagraph (B), a loan made, insured, or
guaranteed under part B, D, or E of this title; and
``(B) a loan made under section 428C or 455(g), to the
extent that such loan was used to repay--
``(i) a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
``(ii) a loan made under section 428, 428B, or 428H; or
``(iii) a loan made under part E.
``(c) Program Authorized.--The Secretary shall carry out a
program of assuming the obligation to repay a student loan,
by direct payments on behalf of a borrower to the holder or
the Secretary in the case of a loan under part D or E of such
loan, in accordance with subsection (d), for any borrower
who--
``(1) is employed as a civil legal assistance attorney; and
``(2) is not in default on a loan for which the borrower
seeks repayment.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement with the Secretary that specifies that--
``(A) the borrower will remain employed as a civil legal
assistance attorney for a required period of service of not
less than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Secretary the
amount of any benefits received by such employee under this
agreement;
``(C) if the borrower is required to repay an amount to the
Secretary under subparagraph (B) and fails to repay such
amount, a sum equal to that amount shall be recoverable by
the Federal Government from the employee by such methods as
are provided by law for the recovery of amounts owed to the
Federal Government;
``(D) the Secretary may waive, in whole or in part, a right
of recovery under this subsection if it is shown that
recovery would be against equity and good conscience or
against the public interest; and
``(E) the Secretary shall make student loan payments under
this section for the period of the agreement, subject to the
availability of appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual under this subsection shall be credited to the
appropriation account from which the amount involved was
originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Secretary under this section shall be made
subject to such terms, limitations, or conditions as may be
mutually agreed upon by the borrower and the Secretary in an
agreement under paragraph (1), except that the amount paid by
the Secretary under this section shall not exceed--
``(i) $6,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $40,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Secretary to pay any amount to reimburse a
borrower for any repayments made by such borrower prior to
the date on which the Secretary entered into an agreement
with the borrower under this subsection.
[[Page H693]]
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Secretary may, subject to paragraph (2), enter into
an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may specify that, notwithstanding subsection (d)(1)(A), the
required period of service during which the borrower will
remain employed as a civil legal assistance attorney may be
less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Secretary
shall provide repayment benefits under this section on a
first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section in any fiscal
year to a borrower who--
``(A) has practiced law for 5 years or less and, for at
least 90 percent of the time in such practice, has served as
a civil legal assistance attorney;
``(B) received repayment benefits under this section during
the preceding fiscal year; and
``(C) has completed less than 3 years of the first required
period of service specified for the borrower in an agreement
entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 427. SETTLEMENT OF CLAIMS.
Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at
the end the following: ``The Secretary may not enter into any
settlement of any claim under this Act that exceeds
$1,000,000 unless the Secretary has asked the Attorney
General to review the settlement agreement and issue an
opinion to the Secretary and the authorizing committees
related to such proposed settlement.''.
SEC. 428. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
CONSUMER EDUCATION INFORMATION PROGRAMS.
Part B of title IV is further amended by inserting after
section 433 (20 U.S.C. 1083) the following new section:
``SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
CONSUMER EDUCATION INFORMATION PROGRAMS.
``(a) Guaranty Agency Duty.--Each guaranty agency, with
respect to loans insured by the agency, shall develop
specific programs designed to prevent delinquencies and avert
defaults.
``(b) Training for Students and Families.--Each guaranty
agency, after consulting with institutions of higher
education (including institutions of higher education
participating in the William Ford Direct Loan Program), shall
develop and make available high quality educational programs
and materials to provide training for students and families
in budgeting and financial management, including debt
management and other aspects of financial literacy, such as
the cost of using high interest loans to pay for
postsecondary education. Such programs and materials shall
address budgeting and financial management relating to
student loans, and shall be made available to students and
families, in a form and language that is understandable,
before, during, and after the students' enrollment.
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit a guaranty agency from using
existing activities, programs, and materials in meeting the
requirements of this section.''.
SEC. 429. DEFINITION OF ELIGIBLE LENDER.
Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is
amended--
(1) by striking ``part, or (III)'' and inserting ``part,
(III)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (IV) it is a National or State chartered
bank with assets of less than $1,000,000,000''.
SEC. 430. COHORT DEFAULT RATES.
Section 435(m) (20 U.S.C. 1085(m)) is amended--
(1) in the first sentence of paragraph (1)(A), by striking
``end of the following fiscal year'' and inserting
``beginning of the third fiscal year following the fiscal
year in which the students entered repayment'';
(2) in paragraph (1)(C), by striking ``end of the fiscal
year immediately following the year in which they entered
repayment'' and inserting ``beginning of the third fiscal
year following the year in which they entered repayment'';
(3) in paragraph (2)(C), by striking ``end of such
following fiscal year is not considered as in default for the
purposes of this subsection'' and inserting ``beginning of
the third fiscal year following the year in which the loan
entered repayment is not considered as in default for
purposes of this subsection''; and
(4) in paragraph (4)--
(A) by amending the header to read as follows: ``Collection
and reporting of cohort default rates and life of cohort
default rates.--''; and
(B) by amending subparagraph (A) to read as follows:
``(A) The Secretary shall collect data from all insurers
under this part and shall publish not less often than once
every fiscal year a report showing cohort default data and
life of cohort default data for each category of institution,
including (i) 4-year public institutions, (ii) 4-year private
nonprofit institutions, (iii) 2-year public institutions,
(iv) 2-year private institutions, (v) 4-year proprietary
institutions, (vi) 2-year proprietary institutions, and (vii)
less than 2-year proprietary institutions. For purposes of
this subparagraph, the life of cohort default rate means, for
any fiscal year in which 1 or more current and former
students at an institution enter repayment on loans under
section 428, 428A, or 428H, received for attendance at the
institution, the percentage of those current and former
students who enter repayment on such loans (or on the portion
of a loan made under section 428C that is used to repay any
such loans) received for attendance at the institution in
that fiscal year who default before the end of each
succeeding fiscal year.''.
SEC. 431. DISABILITY DETERMINATIONS.
Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at
the end the following new sentence: ``A borrower who receives
a permanent total disability rating from the Secretary of
Veterans Affairs, and who provides documentation of such
rating to the Secretary of Education, shall be considered
permanently and totally disabled for the purpose of
discharging such borrower's loans under this subsection, and
such borrower shall not be required to present additional
documentation for purposes of this subsection.''.
PART C--COLLEGE WORK/STUDY
SEC. 441. REAUTHORIZATION.
(a) Extension of Authority.--Section 441 (42 U.S.C. 2751)
is amended--
(1) in subsection (b), by striking ``$1,000,000,000 for
fiscal year 1999'' and inserting ``$1,500,000,000 for fiscal
year 2009''; and
(2) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) responding to the needs of the community, which may
include activities in preparation for and during emergencies
and natural disasters.''.
(b) Allowance for Books and Supplies.--Section 442(c)(4)(D)
(42 U.S.C. 2752(d)(4)(D)) is amended by striking ``$450'' and
inserting ``$600''.
SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.
Section 447 (42 U.S.C. 2756a) is amended--
(1) by striking ``Each institution participating'' and
inserting ``(a) Community Service-Learning.--Each institution
participating''; and
(2) by adding at the end the following new subsection:
``(b) Off-Campus Community Service.--
``(1) Grants authorized.--In addition to funds made
available under section 443(b)(2)(B), the Secretary is
authorized to award grants to institutions participating
under this part to supplement off-campus community service
employment.
``(2) Use of funds.--In any year in which section
443(b)(2)(B) applies, an institution shall ensure that funds
granted to such institution under this subsection are used in
accordance with such section 443 to recruit and compensate
students (including compensation for time spent in training
and for travel directly related to such community service).
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications that
support postsecondary students assisting with early childhood
education activities and activities in preparation for and
during emergencies and natural disasters.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2009 and each
of the 4 succeeding fiscal years.''.
SEC. 443. WORK COLLEGES.
(a) Work-Learning-Service.--Section 448 (42 U.S.C. 2756b)
is amended by striking ``work-learning'' each place it
appears and inserting ``work-learning-service''.
(b) Definition.--Section 448(e) is amended to read as
follows:
``(e) Definitions.--For the purpose of this section--
``(1) the term `work college' means an eligible institution
that--
``(A) has been a public or private nonprofit, four-year,
degree granting institution with a commitment to community
service;
``(B) has operated a comprehensive work-learning-service
program for at least 2 years;
``(C) requires all resident students, including at least
one-half of all students who are enrolled on a full-time
basis, to participate in a comprehensive work-learning-
service program for at least 5 hours each week, or at least
80 hours during each period of enrollment, except summer
school, unless the student is engaged in an institutionally
organized or approved study abroad or externship program; and
``(D) provides students participating in the comprehensive
work-learning-service program with the opportunity to
contribute to their education and to the welfare of the
community as a whole; and
``(2) the term `comprehensive student work-learning-service
program' means a student work-learning-service program that--
``(A) is an integral and stated part of the institution's
educational philosophy and program;
``(B) requires participation of all resident students for
enrollment and graduation;
``(C) includes learning objectives, evaluation, and a
record of work performance as part of the student's college
record;
``(D) provides programmatic leadership by college personnel
at levels comparable to traditional academic programs;
``(E) recognizes the educational role of work-learning-
service supervisors; and
``(F) includes consequences for nonperformance or failure
in the work-learning-service program similar to the
consequences for failure in the regular academic program.''.
[[Page H694]]
(c) Authorization.--Section 448(f) is amended--
(1) by striking ``$5,000,000'' and inserting ``such sums as
may be necessary''; and
(2) by striking ``1999'' and inserting ``2009''.
PART D--FEDERAL DIRECT STUDENT LOANS
SEC. 451. REAUTHORIZATION.
Section 458(a) (20 U.S.C. 1087h(a)) is amended--
(1) in paragraph (2)--
(A) in the heading of such paragraph, by striking ``2011''
and inserting ``2013''; and
(B) by striking ``2011'' and inserting ``2013''; and
(2) in paragraph (3), by striking ``2011'' and inserting
``2013''.
SEC. 452. PUBLIC SERVICE JOB DEFINITION.
Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is amended
to read as follows:
``(B) Public service job.--The term `public service job'
means--
``(i) a full-time job in emergency management, government
(excluding time served as a member of Congress), military
service, public safety, law enforcement, public health
(including nurses, nurse practitioners, nurses in a clinical
setting, and full-time professionals engaged in health care
practitioner occupations and health care support occupations,
as such terms are defined by the Bureau of Labor Statistics),
public education, social work in a public child or family
service agency, public interest law services (including
prosecution or public defense or legal advocacy on behalf of
low-income communities at a nonprofit organization), early
childhood education (including licensed or regulated
childcare, Head Start, and State funded prekindergarten),
public service for individuals with disabilities, public
service for the elderly, public library sciences, school-
based library sciences and other school-based services, or at
an organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code; or
``(ii) teaching as a full-time faculty member at a Tribal
College or University as defined in section 316(b) and other
faculty teaching in high-needs subject areas or areas of
shortage (including nurse faculty, foreign language faculty
and part-time faculty at community colleges), as determined
by the Secretary.''.
SEC. 453. IDENTITY FRAUD PROTECTION.
Section 455 (20 U.S.C. 1087e) is further amended by adding
at the end the following new subsection:
``(n) Identity Fraud Protection.--The Secretary of
Education shall take such steps as may be necessary to ensure
that monthly Direct Loan statements and other publications of
the Department of Education do not contain more than 4 digits
of the Social Security number of any individual.''.
SEC. 454. DIRECT LOAN PROGRAM AUDIT AND REPORTING
REQUIREMENTS.
(a) Audit of Direct Loan Servicing Portfolio and Direct
Loan Servicing Contracts.--Section 458 (20 U.S.C. 1087h) is
amended by adding at the end the following:
``(d) Audit of Direct Loan Servicing Portfolio and Direct
Loan Servicing Contracts.--The Secretary shall have a
financial and compliance audit of all loans owned by the
Department of Education and made under the William D. Ford
Federal Direct Loan Program and all contracts for the
origination, servicing, collection, and related activities of
such loans, conducted annually by a qualified independent
organization from a list of qualified organizations
promulgated by the Secretary in accordance with standards
established by the Comptroller General. The standards shall
measure the servicer's compliance with the due diligence
standards and shall include a defined statistical sampling
technique designed to measure the performance rating of the
servicer for the purpose of this section. The Secretary shall
submit the audit to Congress within 60 days of its completion
and shall at the same time make the results of the audit
publicly available.''.
(b) Quarterly Reporting of Administrative Expenses.--
Section 458 (20 U.S.C. 1087h) is further amended by adding at
the end the following:
``(e) Budget Justification and Quarterly Reports.--In
addition to the requirements of subsection (c), and as a
prerequisite to expending funds under this section, the
Secretary shall--
``(1) make publicly available immediately upon providing to
Congress, its annual budget justification referenced in the
last sentence of subsection (c), including the detailed
descriptions of activities and the costs for each such
activity; and
``(2) make publicly available within 30 days of the close
of each calendar quarter, an interim report with at least the
same level of detail as the annual report referred to above,
showing the detailed descriptions of activities and the costs
for each such activity, for the quarter, which shall
include--
``(A) amendments to any contracts entered into by the
Department for the purposes of servicing, origination,
consolidating, or otherwise providing administrative support
for the Direct Loan program;
``(B) a complete listing of all milestones for upgrades and
improvements in any of the contracts referenced in section
458(d)(1) and the progress towards meeting such milestones;
``(C) un-reconciled balances in held loans by year of
origination;
``(D) status and number of defaulted loans by length of
default in 30-day increments;
``(E) status and number of delinquent loans by length of
delinquency in 30-day increments;
``(F) information technology purchases made under this
section; and
``(G) costs and terms of all contracts with external
consultants and employees of institutions of higher
education.''.
(c) Annual Reporting of Impact of Direct Loan Program
Treasury Borrowing on National Debt.--Section 458 (20 U.S.C.
1087(h)) is further amended by adding at the end the
following subsection:
``(f) National Debt Report Card.--The Secretary shall make
an annual report to Congress, included with the budget
justification for the Department, of the aggregate dollar
amount of increase in the national debt as a result of loans
made under part D of this title. This reporting shall be made
by calculating the net of the total outstanding amount lent
by the Department and the United States Treasury, less the
balance in principal of performing and non-defaulted loans
outstanding in the Department's portfolio.''.
PART E--PERKINS LOANS
SEC. 461. EXTENSION OF AUTHORITY.
Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
(1) in paragraph (1), by striking ``$250,000,000 for fiscal
year 1999'' and inserting ``$350,000,000 for fiscal year
2009''; and
(2) in paragraph (2), by striking ``2003'' each place it
appears and inserting ``2014''.
SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES.
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended
by striking ``$450'' and inserting ``$600''.
SEC. 463. AGREEMENTS WITH INSTITUTIONS.
(a) Transfers for Collection.--Section 463(a)(4)(B) (20
U.S.C. 1087cc(a)(4)(B)) is amended to read as follows:
``(B) if the institution is not one described in
subparagraph (A), the Secretary may allow such institution to
refer such note or agreement to the Secretary, without
recompense, except that any sums collected on such a loan
(less an amount not to exceed 30 percent of any such sums
collected to cover the Secretary's collection costs) shall be
repaid to such institution no later than 180 days after
collection by the Secretary and treated as an additional
capital contribution under section 462;''.
(b) Revise Authority To Prescribe Additional Fiscal
Controls.--Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is
amended by inserting ``, except that nothing in this
paragraph shall be construed to permit the Secretary to
require the assignment of loans to the Secretary other than
as is provided for in paragraphs (4) and (5)'' before the
period.
SEC. 464. PERKINS LOAN TERMS AND CONDITIONS.
(a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``$4,000'' in clause (i) and inserting
``$5,500''; and
(B) by striking ``$6,000'' in clause (ii) and inserting
``$8,000''; and
(2) in paragraph (2)(B)--
(A) by striking ``$40,000'' in clause (i) and inserting
``$60,000'';
(B) by striking ``$20,000'' in clause (ii) and inserting
``$27,500''; and
(C) by striking ``$8,000'' in clause (iii) and inserting
``$11,000''.
(b) Forbearance.--Section 464 (20 U.S.C. 1087dd) is further
amended--
(1) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``,
upon written request,'' and inserting ``, as documented in
accordance with paragraph (2),'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by inserting ``(1)'' after ``Forbearance.--''; and
(D) by adding at the end the following:
``(2) For the purpose of paragraph (1), the terms of
forbearance agreed to by the parties shall be documented by--
``(A) confirming the agreement of the borrower by notice to
the borrower from the institution of higher education; and
``(B) recording the terms in the borrower's file.'';
(2) in subsection (h)(1)(A), by striking ``12 ontime'' and
inserting ``9 on-time''; and
(3) in subsection (j)(2), by striking ``(e)(3)'' and
inserting ``(e)(1)(C)''.
SEC. 465. CANCELLATION FOR PUBLIC SERVICE.
Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
(1) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) as a full-time teacher for service in an academic
year in a high-need school;'';
(B) in subparagraph (B), by striking ``Head Start Act
which'' and inserting ``Head Start Act, or in a
prekindergarten or child care program that is licensed or
regulated by the State, that'';
(C) in subparagraph (H), by striking ``or'' after the
semicolon;
(D) in subparagraph (I), by striking the period and
inserting a semicolon; and
(E) by inserting before the matter following subparagraph
(I) the following:
``(J) as a full-time fire fighter for service to a local,
State, or Federal fire department or fire district;
``(K) as a full-time faculty member at a Tribal College or
University, as that term is defined in section 316;
``(L) as a librarian, if the librarian has a master's
degree in library science and is employed in--
``(i) an elementary school or secondary school that is
eligible for assistance under title I of the Elementary and
Secondary Education Act of 1965; or
``(ii) a public library that serves a geographic area that
contains 1 or more schools eligible for
[[Page H695]]
assistance under title I of the Elementary and Secondary
Education Act of 1965; or
``(M) as a full-time speech language therapist, if the
therapist has a master's degree and is working exclusively
with schools that are eligible for assistance under title I
of the Elementary and Secondary Education Act of 1965.''; and
(2) in paragraph (3)(A)--
(A) in clause (i)--
(i) by inserting ``(D),'' after ``(C),''; and
(ii) by striking ``or (I)'' and inserting ``(I), (J), (K),
(L), or (M)'';
(B) in clause (ii), by inserting ``or'' after the
semicolon;
(C) by striking clause (iii); and
(D) by redesignating clause (iv) as clause (iii).
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
(a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is
amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B), as amended by
paragraph (1), the following:
``(C) for students who live in housing located on a
military base or for which a basic allowance is provided
under section 403(b) of title 37, United States Code, shall
be an allowance based on the expenses reasonably incurred by
such students for board but not for room; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on July 1, 2009.
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME
EXPENSES.
Section 479A(a) (20 U.S.C. 1087tt) is amended by striking
``medical or dental expenses'' and inserting ``medical,
dental, or nursing home expenses''.
SEC. 473. DEFINITIONS.
(a) Total Income.--Section 480(a) (20 U.S.C. 1087vv(a)) is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), with respect to
dislocated workers (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)), the term
`total income' is equal to estimated adjusted gross income
plus estimated untaxed income and benefits for the current
tax year minus estimated excludable income (as defined in
subsection (e)) in for the current tax year.''.
(b) Untaxed Income and Benefits.--Section 480(b)(6) (20
U.S.C. 1087vv(b)(6)) is amended by inserting ``, except that
the value of on-base military housing or the value of basic
allowance for housing determined under section 403(b) of
title 37, United States Code, received by the parents, in the
case of a dependent student, or the student or student's
spouse, in the case of an independent student, shall be
excluded'' before the semicolon.
(c) Treatment of Veterans' Education Benefits in Estimated
Financial Assistance Calculation.--Section 480(j) (20 U.S.C.
1087vv(j)) is amended by adding at the end the following new
paragraph:
``(4) Notwithstanding paragraph (1), for the first year a
student receives veterans' education benefits under chapter
30 of title 38, United States Code, the amount of such
veterans' education benefits that is treated as estimated
financial assistance not received under this title for the
purposes of section 471(3) shall be calculated by subtracting
the amount that the student's basic pay was reduced under
section 3011(b) or 3012(c) of such title in order to be
eligible to receive such benefits from the amount of such
veterans' education benefits.''.
(d) Effective Date.--The amendments made by this section
are effective on July 1, 2009.
PART G--GENERAL PROVISIONS
SEC. 481. COMPLIANCE CALENDAR.
Section 482 (20 U.S.C. 1089) is amended by adding at the
end the following:
``(e) Compliance Calendar.--Prior to the beginning of each
award year, the Secretary shall provide to institutions of
higher education a list of all the reports and disclosures
required under this Act. The list shall include--
``(1) the date each report or disclosure is required to be
completed and to be submitted, made available, or
disseminated;
``(2) the required recipients of each report or disclosure;
``(3) any required method for transmittal or dissemination
of each report or disclosure;
``(4) a description of the content of each report or
disclosure sufficient to allow the institution to identify
the appropriate individuals to be assigned the responsibility
for such report or disclosure;
``(5) references to the statutory authority, applicable
regulations, and current guidance issued by the Secretary
regarding each report or disclosure; and
``(6) any other information which is pertinent to the
content or distribution of the report or disclosure.''.
SEC. 482. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND
PROCESSES.
(a) Common Financial Aid Form Development and Processing.--
Section 483 (20 U.S.C. 1090) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1), (2), and (5);
(B) by redesignating paragraphs (3), (4), (6), and (7), as
paragraphs (9), (10), (11), and (12), respectively;
(C) by inserting before paragraph (9), as redesignated by
subparagraph (B), the following:
``(1) In general.--The Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used for application and
reapplication to determine the need and eligibility of a
student for financial assistance under parts A through E
(other than subpart 4 of part A). These forms shall be made
available to applicants in both paper and electronic formats
and shall be referred to as the `Free Application for Federal
Student Aid' or the `FAFSA' . The Secretary shall work to
make the FAFSA consumer-friendly and to make questions on the
FAFSA easy for students and parents to read and understand,
and shall ensure that the FAFSA is available in formats
accessible to individuals with disabilities.
``(2) Early estimates.--The Secretary shall--
``(A) permit applicants to enter data in such forms as
described in this subsection in the years prior to enrollment
in order to obtain a non-binding estimate of the applicant's
family contribution (as defined in section 473);
``(B) permit applicants to update information submitted on
forms described in this subsection, without needing to re-
enter previously submitted information;
``(C) develop a means to inform applicants, in the years
prior to enrollment, of student aid options for individuals
in similar financial situations; and
``(D) develop a means to provide a clear and conspicuous
notice that the applicant's expected family contribution is
subject to change and may not reflect the final expected
family contribution used to determine Federal student
financial aid award amounts.
``(3) Paper format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in paper format to meet the
requirements of paragraph (1). The Secretary shall develop a
common paper form for applicants who do not meet the
requirements of subparagraph (B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary shall develop and use a
simplified paper application form, to be known as the EZ
FAFSA, to be used for applicants meeting the requirements of
subsections (b) and (c) of section 479.
``(ii) Reduced data requirements.--The EZ FAFSA shall
permit an applicant to submit for financial assistance
purposes, only the data elements required to make a
determination of whether the applicant meets the requirements
under subsections (b) and (c) of section 479.
``(iii) State data.--The Secretary shall include on the EZ
FAFSA such data items as may be necessary to award State
financial assistance, as provided under paragraph (6), except
that the Secretary shall not include a State's data if that
State does not permit its applicants to use the EZ FAFSA for
State assistance.
``(iv) Free availability and processing.--The provisions of
paragraph (7) shall apply to the EZ FAFSA, and the data
collected by means of the EZ FAFSA shall be available to
institutions of higher education, guaranty agencies, and
States in accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the EZ FAFSA.
``(C) Promoting the use of electronic fafsa.--
``(i) In general.--The Secretary shall make all efforts to
encourage all applicants to utilize the electronic forms
described in paragraph (4).
``(ii) Maintenance of the fafsa in a printable electronic
file.--The Secretary shall maintain a version of the paper
forms described in subparagraphs (A) and (B) in a printable
electronic file that is easily portable. The printable
electronic file will be made easily accessible and
downloadable to students on the same website used to provide
students with the electronic application forms described in
paragraph (4) of this subsection. The Secretary shall enable
students to submit a form created under this subparagraph
that may be downloaded and printed from an electronic file
format in order to meet the filing requirements of this
section and in order to receive aid from programs under this
title.
``(iii) Reporting requirement.--The Secretary shall report
annually to Congress on the impact of the digital divide on
students completing applications for title IV aid described
under this paragraph and paragraph (4). The Secretary will
also report on the steps taken to eliminate the digital
divide and reduce production of the paper form described in
subparagraph (A) of this paragraph. The Secretary's report
will specifically address the impact of the digital divide on
the following student populations: independent students,
traditionally underrepresented students, and dependent
students.
``(4) Electronic format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in electronic format to meet the
requirements of paragraph (1). The Secretary shall develop
common electronic forms for applicants who do not meet the
requirements of subparagraph (C) of this paragraph.
``(B) State data.--The Secretary shall include on the
common electronic forms space for information that needs to
be entered for the applicant to be eligible for State
financial assistance, as provided under paragraph (6), except
the Secretary shall not require applicants to enter data
required by any State other than the applicant's State of
residence.
``(C) Simplified applications: fafsa on the web.--
``(i) In general.--The Secretary shall develop and use a
simplified electronic application form to be used by
applicants meeting the requirements under subsections (b) and
(c) of section 479.
``(ii) Reduced data requirements.--The simplified
electronic application forms shall permit an applicant to
submit for financial assistance purposes, only the data
elements required to make a determination of whether the
applicant meets the requirements under subsection (b) or (c)
of section 479.
``(iii) State data.--The Secretary shall include on the
simplified electronic application
[[Page H696]]
forms such data items as may be necessary to award State
financial assistance, as provided under paragraph (6), except
that the Secretary shall not require applicants to enter data
required by any State other than the applicant's State of
residence.
``(iv) Availability and processing.--The data collected by
means of the simplified electronic application forms shall be
available to institutions of higher education, guaranty
agencies, and States in accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the forms developed under this subparagraph.
``(D) Use of forms.--Nothing in this subsection shall be
construed to prohibit the use of the forms developed by the
Secretary pursuant to this paragraph by an eligible
institution, eligible lender, guaranty agency, State grant
agency, private computer software provider, a consortium
thereof, or such other entities as the Secretary may
designate.
``(E) Privacy.--The Secretary shall ensure that data
collection under this paragraph complies with section 552a of
title 5, United States Code, and that any entity using the
electronic version of the forms developed by the Secretary
pursuant to this paragraph shall maintain reasonable and
appropriate administrative, technical, and physical
safeguards to ensure the integrity and confidentiality of the
information, and to protect against security threats, or
unauthorized uses or disclosures of the information provided
on the electronic version of the forms. Data collected by
such electronic version of the forms shall be used only for
the application, award, and administration of aid awarded
under this title, State aid awarded under section 415C, or
aid awarded by eligible institutions or such entities as the
Secretary may designate. No data collected by such electronic
version of the forms shall be used for making final aid
awards under this title until such data have been processed
by the Secretary or a contractor or designee of the
Secretary, except as may be permitted under this title.
``(F) Signature.--Notwithstanding any other provision of
this Act, the Secretary may permit an electronic form under
this paragraph to be submitted without a signature, if a
signature is subsequently submitted by the applicant or if
the applicant uses a personal identification number provided
by the Secretary under subparagraph (G) of this paragraph.
``(G) Personal identification numbers authorized.--The
Secretary may assign to applicants personal identification
numbers--
``(i) to enable the applicants to use such numbers in lieu
of a signature for purposes of completing a form under this
paragraph;
``(ii) to enable the applicants to use such numbers in lieu
of a signature for purposes of completing forms required by
States under section 415C; and
``(iii) for any purpose determined by the Secretary to
enable the Secretary to carry out this title.
``(H) Personal identification number improvement.--The
Secretary shall implement a real-time data match between the
Social Security Administration and the Department to minimize
the time required for an applicant to obtain a personal
identification number when applying for aid under this title
through an electronic version of a form developed under this
paragraph.
``(5) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary shall develop streamlined
reapplication forms and processes, including both paper and
electronic reapplication processes, consistent with the
requirements of this subsection, for an applicant who applies
for financial assistance under this title in the next
succeeding academic year subsequent to the year in which such
applicant first applied for financial assistance under this
title.
``(ii) Mechanisms for reapplication.--The Secretary shall
develop appropriate mechanisms to support reapplication.
``(iii) Identification of updated data.--The Secretary
shall determine, in cooperation with States, institutions of
higher education, agencies, and organizations involved in
student financial assistance, the data elements that can be
updated from the previous academic year's application.
``(iv) Reduced data authorized.--Nothing in this title
shall be construed as limiting the authority of the Secretary
to reduce the number of data elements required of
reapplicants.
``(v) Zero family contribution.--Applicants determined to
have a zero family contribution pursuant to section 479(c)
shall not be required to provide any financial data in a
reapplication form, except that which is necessary to
determine eligibility under such section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the number of data elements
on the FAFSA on the date of enactment of the College
Opportunity and Affordability Act of 2007 (including
questions on the FAFSA for the purposes described in
paragraph (6)), the Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall continue to reduce the
number of such data elements required to be entered by all
applicants, with the goal of reducing such number by 50
percent. Reductions of data elements under paragraph (3)(B),
(4)(C), or (5)(A)(iv) shall not be counted towards such
reduction unless those data elements are reduced for all
applicants.
``(ii) Report.--The Secretary shall submit a report on the
process of this reduction to each the authorizing committees
within 2 years after such date of enactment.
``(6) State requirements.--
``(A) In general.--The Secretary shall include on the forms
developed under this subsection, such State-specific
nonfinancial data items as the Secretary determines are
necessary to meet State requirements for need-based State aid
under section 415C, except as provided in paragraphs
(3)(B)(iii) and (4)(C)(iii) of this subsection. Such items
shall be selected in consultation with State agencies that
submit applications under section 415C in order to assist in
the awarding of State financial assistance in accordance with
the terms of this subsection, except as provided in
paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection.
The number of such data items shall not be less than the
number included on the form for the 2008-2009 academic year,
unless a State notifies the Secretary that the State no
longer requires those data items for the distribution of
State need-based aid.
``(B) Annual review.--The Secretary shall conduct an annual
review process to determine which forms and nonfinancial data
items the States require to award need-based State aid and
other application requirements that the States may impose.
``(C) State use of simplified forms.--The Secretary shall
encourage States to take such steps as necessary to encourage
the use of simplified application forms, including those
described in paragraphs (3)(B) and (4)(C), to meet the
requirements under subsection (b) or (c) of section 479.
``(D) Federal register notice.--The Secretary shall publish
on an annual basis a notice in the Federal Register requiring
State agencies to inform the Secretary--
``(i) if the State agency is unable to permit applicants to
utilize the simplified application forms described in
paragraphs (3)(B) and (4)(C); and
``(ii) of the State-specific nonfinancial data that the
State agency requires for delivery of State need-based
financial aid.
``(E) State notification to the secretary.--
``(i) In general.--Each State agency that submits an
application under section 415C shall notify the Secretary--
``(I) whether the State permits an applicant to file a form
described in paragraph (3)(B) or (4)(A) of this subsection
for purposes of determining eligibility for State need-based
grant aid; and
``(II) the State-specific nonfinancial data that the State
agency requires for delivery of State need-based financial
aid.
``(ii) Acceptance of forms.--In the event that a State does
not permit an applicant to file a form described in paragraph
(3)(B) or (4)(A) of this subsection for purposes of
determining eligibility for State need-based grant aid--
``(I) the State shall notify the Secretary if the State is
not permitted to do so because of either State law or because
of agency policy; and
``(II) the notification under subclause (I) shall include
an estimate of the program cost to permit applicants to
complete simplified application forms under paragraphs (3)(B)
and (4)(A) of this subsection.
``(iii) Lack of notification by the state.--If a State does
not notify the Secretary pursuant to clause (i), the
Secretary shall--
``(I) permit residents of that State to complete simplified
application forms under paragraphs (3)(B) and (4)(A) of this
subsection; and
``(II) not require any resident of that State to complete
any nonfinancial data previously required by that State under
this section.
``(7) Charges to students and parents for use of forms
prohibited.--
``(A) Fees prohibited.--The FAFSA, in whatever form
(including the EZ FAFSA, paper, electronic, simplified, or
reapplication), shall be produced, distributed, and processed
by the Secretary and no parent or student shall be charged a
fee for the collection, processing, or delivery of financial
aid through the use of the FAFSA. The need and eligibility of
a student for financial assistance under parts A through E of
this title (other than under subpart 4 of part A) may only be
determined by using the FAFSA developed by the Secretary
pursuant to this subsection. No student may receive
assistance under parts A through E of this title (other than
under subpart 4 of part A), except by use of the FAFSA
developed by the Secretary pursuant to this subsection. No
data collected on a form for which a fee is charged shall be
used to complete the FAFSA.
``(B) Notice.--Any entity that provides to students and
parents, or charges students or parents for, any value-added
services with respect to or in connection with the FAFSA,
such as completion of the FAFSA, submission of the FAFSA, or
tracking of the FAFSA for a student, shall provide to
students and parents clear and conspicuous notice that--
``(i) the FAFSA is a free Federal student aid application;
``(ii) the FAFSA can be completed without professional
assistance; and
``(iii) includes the current Internet address for the FAFSA
on the Department's web site.
``(8) Application processing cycle.--The Secretary shall
enable students to submit a form created under this
subsection in order to meet the filing requirements of this
section and in order to receive aid from programs under this
title and shall initiate the processing of applications under
this subsection as early as practicable prior to October 15
of the year prior to the student's planned year of
enrollment.'';
(2) by adding at the end of subsection (a) the following
paragraph:
``(13) Early application and award demonstration program.--
``(A) Program required.--The Secretary shall, no later than
two years after the date of the enactment of the College
Opportunity and Affordability Act of 2007, implement an early
application demonstration program enabling dependent students
to--
``(i) complete applications under this subsection in such
students' junior year of secondary school, or in the academic
year that is 2 years prior to such students' intended year of
[[Page H697]]
enrollment at an institution of higher education;
``(ii) receive an estimate of such students' financial aid
awards;
``(iii) update, in the year prior to such students' planned
year of enrollment, the information contained in an
application submitted under clause (i), using the process
described in paragraph (5) to determine such students' final
financial aid awards; and
``(iv) receive final financial aid awards based on updated
information described in clause (iii).
``(B) Purpose and objectives.--The purpose of the
demonstration program under this paragraph shall be to
measure the benefits, in terms of student aspirations and
plans to attend college, and the adverse effects, in terms of
program costs, integrity, distribution, and delivery of aid
under this title, of implementing an early application system
for all dependent students that allows dependent students to
apply for financial aid using information from the year prior
to the year prior to enrollment. Additional objectives
associated with implementation of the demonstration program
are the following:
``(i) Measure the feasibility of enabling dependent
students to apply for Federal, State, and institutional
financial aid in their junior year of high school, using
information from the year prior to the year prior to
enrollment, by completing any of the application forms under
this subsection.
``(ii) Identify whether receiving final financial aid
awards no later than the fall of the senior year provides
students with additional time to compete for the limited
resources available for State and institutional financial aid
and positively impacts the college aspirations and plans of
these students.
``(iii) Measure the impact of using income information from
the years prior to enrollment on--
``(I) eligibility for financial aid under this title and
for other State and institutional aid; and
``(II) the cost of financial aid programs under this title.
``(iv) Effectively evaluate the benefits and adverse
effects of the demonstration program on program costs,
integrity, distribution, and delivery of aid.
``(C) Participants.--The Secretary shall select States and
institutions within those States to participate in the
demonstration program under this paragraph that are
participating in the programs under this title and that are
willing to make final financial aid awards to students based
on their application information from the year prior to the
year prior to enrollment. The Secretary shall also select as
participants in the demonstration program secondary schools
and dependent students that are located in the participating
States.
``(D) Application process.--The Secretary shall insure that
the following provisions are included in the demonstration
program:
``(i) Participating States and institutions shall--
``(I) encourage participating students to apply for
estimates of financial aid awards as provided under this
title in such students' junior year of secondary school, or
in the academic year that is 2 years prior to such students'
intended year of enrollment at an institution of higher
education, using the most recent information available; and
``(II) make final financial aid awards to participating
students based on the updated information contained on a form
submitted using the process described in paragraph (5).
``(ii) Financial aid administrators at participating
institutions shall be allowed to use their discretion in
awarding financial aid to participating students, as outlined
under section 479A and section 480(d)(7).
``(E) Evaluation.--The Secretary shall conduct a rigorous
evaluation of this demonstration program in order to measure
its benefits and adverse effects as indicated under
subparagraph (A).
``(F) Outreach.--The Secretary shall make appropriate
efforts in order to notify States of the demonstration
program under this paragraph. Upon determination of
participating States, the Secretary shall continue to make
efforts to notify institutions and dependent students within
participating States of the opportunity to participate in the
demonstration program and of the participation requirements.
``(G) Consultation.--The Secretary shall consult with the
Advisory Committee on Student Financial Assistance,
established under section 491, on the design and
implementation of the demonstration program and on the
evaluation described in subparagraph (E).'';
(3) by striking subsection (b); and
(4) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(b) Master Calendar.--Section 482(a)(1) (20 U.S.C.
1089(a)(1)) is amended by striking subparagraphs (B) and (C)
and inserting the following:
``(B) by March 1: proposed modifications, updates, and
notices pursuant to sections 478 and 483(a)(6) published in
the Federal Register;
``(C) by June 1: final modifications, updates, and notices
pursuant to sections 478 and 483(a)(6) published in the
Federal Register;''.
(c) Model Institution Financial Aid Offer Form.--
(1) Report and model format.--Not later than 1 year after
the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall--
(A) prepare a report on the adequacy of the financial aid
offer forms provided by institutions of higher education to
students and the parents of such students, after consulting
with--
(i) students;
(ii) parents of students;
(iii) representatives of institutions of higher education
(including financial aid administrators, registrars, and
business officers); and
(iv) consumer groups that receive no commercial or
institution of higher education support;
(B) include in the report a model format for financial aid
offer forms that--
(i) is based on the report's findings; and
(ii) includes the information described in paragraph (2);
and
(C)(i) submit the report and model format to the
authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003); and
(ii) make the report and model format available to
institutions of higher education, lenders, and the public.
(2) Model format contents.--The model financial aid offer
format developed under paragraph (1) shall present, in a
consumer-friendly manner, the following information:
(A) The student's cost of attendance for the year for which
the institution of higher education is issuing the financial
aid offer form, including the actual or estimated costs
included in the cost of attendance for such year for each of
the following:
(i) Tuition and fees.
(ii) Room and board costs.
(iii) Books and supplies.
(iv) Transportation.
(B) The amount of financial aid that the student does not
have to repay, such as scholarships and grants, offered to
the student for such year.
(C) The conditions under which the financial aid described
in subparagraph (B) is renewable each year.
(D) The amount of work-study assistance offered to the
student for such year, and the conditions under which the
student has to fulfill the work-study assistance.
(E) The types and amounts of loans under part B, D, or E of
title IV for which the student is eligible for such year, and
the interest rate, loan term, monthly repayment amount, and
total repayment amount of each such loan.
(F) The types and amounts of loans under 428B or Federal
Direct PLUS loans under section 455 for which a parent of the
student is eligible for such year, and the interest rate,
loan term, monthly repayment amount, and total repayment
amount of each such loan.
(G) The net amount that the student or the student's parent
will have to pay to attend the institution for such year,
which amount shall be the difference between--
(i) the cost of attendance for the student for such year;
less
(ii) the amount of financial aid offered by the covered
institution in the financial aid offer form.
(H) Where a student or the student's parent can seek
additional information regarding the financial aid offered.
(I) Any other information the Secretary determines
necessary so that students and parents can make informed
student loan borrowing decisions.
SEC. 483. INCREASING ACCESS TO TECHNOLOGY.
Section 483 (20 U.S.C. 1087ss) is further amended by adding
at the end the following:
``(e) Addressing the Digital Divide.--The Secretary shall
utilize savings accrued by moving more applicants to the
electronic forms described in subsection (a)(4) to improve
access to the electronic forms described in subsection (a)(4)
for applicants meeting the requirements of section 479(b) or
(c).''.
SEC. 484. SENSE OF THE CONGRESS; REPORT.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to simplify the Free Application for Federal
Student Aid (FAFSA), which serves as an entry point for the
scholarships, grants, loans, and work-study assistance that
make it possible for millions of students to attend college,
the Secretary of Education and the Secretary of the Treasury
should work together to develop a process by which the
Department of Education will, with the aid applicant's
permission, draw income information directly from the
Internal Revenue Service for the purpose of completing the EZ
FAFSA, the FAFSA, and FAFSA renewal applications and
providing early estimates of aid eligibility; and
(2) this process would--
(A) ease the burden of reporting income-related information
for applicants;
(B) increase the efficiency, accuracy, and security of the
FAFSA filing process;
(C) significantly reduce the need for further verification
by the Department of Education, institutions, and applicants;
and
(D) protect the security, privacy, and safety of all data
used in the FAFSA filing process.
(b) Report.--The Secretary of Education shall, within one
year after the date of enactment of this Act--
(1) provide the Congress with information on the progress
in devising the simplified process described in subsection
(a); and
(2) inform the Congress of any necessary statutory changes
for the purpose of increasing the efficiency and
effectiveness of the FAFSA application process.
SEC. 485. STUDENT ELIGIBILITY.
(a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B), by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia, or'';
and
(B) in paragraph (5), by striking ``a citizen of any one of
the Freely Associated States'' and inserting ``or, to the
extent described in subsection (j), a citizen of the Republic
of Palau'';
(2) by amending subsection (j) to read as follows:
``(j) Assistance Under Subpart 1 of Part A for Students
From Palau.--Notwithstanding any other provision of law, a
student shall be eligible until September 30, 2009, for
assistance under subpart 1 of part A if the student is
otherwise qualified and--
``(1) is a citizen of the Republic of Palau and attends an
institution of higher education in a
[[Page H698]]
State or a public or nonprofit private institution of higher
education in the Freely Associated States; or
``(2) meets the requirements of subsection (a)(5) and
attends a public or nonprofit private institution of higher
education in any one of the Freely Associated States.'';
(3) by striking subsection (l) and inserting the following:
``(l) Courses Offered Through Distance Education.--
``(1) Relation to correspondence courses.--
``(A) In general.--A student enrolled in a course of
instruction at an institution of higher education that is
offered principally through distance education and leads to a
recognized certificate, or associate, baccalaureate, or
graduate degree, conferred by such institution, shall not be
considered to be enrolled in correspondence courses.
``(B) Exception.--An institution of higher education
referred to in subparagraph (A) shall not include an
institution or school described in section 3(3)(C) of the
Carl D. Perkins Career and Technical Education Act of 2006.
``(2) Restriction or reductions of financial aid.--A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a financial
aid officer determines under the discretionary authority
provided in section 479A that distance education results in a
substantially reduced cost of attendance to such student.
``(3) Special rule.--For award years prior to July 1, 2008,
the Secretary shall not take any compliance, disallowance,
penalty, or other action against a student or an eligible
institution when such action arises out of such institution's
prior award of student assistance under this title if the
institution demonstrates to the satisfaction of the Secretary
that its course of instruction would have been in conformance
with the requirements of this subsection.'';
(4) in subsection (r)(2)--
(A) in subparagraph (A), by striking ``or'' at the end of
clause (ii);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the student successfully passes two unannounced drug
tests conducted by a drug rehabilitation program that
complies with such criteria as the Secretary shall prescribe
in regulations for purposes of subparagraph (A)(i); or''; and
(5) by adding at the end the following:
``(s) Students With Intellectual Disabilities.--
``(1) In general.--Notwithstanding subsections (a), (c),
and (d), in order to receive any grant or work assistance
under section 401 and subpart 3 of part A and part C of this
title, a student with an intellectual disability shall--
``(A) be an individual with an intellectual disability
whose mental retardation or other significant cognitive
impairment substantially impacts the individual's
intellectual and cognitive functioning;
``(B)(i) be a student eligible for assistance under the
Individuals with Disabilities Education Act who has completed
secondary school; or
``(ii) be an individual who was, but is no longer, eligible
for assistance under the Individuals with Disabilities
Education Act because the individual has exceeded the maximum
age for which the State provides a free appropriate public
education;
``(C) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education program
that--
``(i) is designed to support students with an intellectual
disability who are seeking to continue academic, vocational,
and independent living instruction at the institution in
order to prepare for gainful employment and independent
living;
``(ii) includes an advising and curriculum structure; and
``(iii) requires students to participate on at least a
half-time basis, as determined by the institution,
including--
``(I) regular enrollment in courses offered by the
institution;
``(II) auditing or participating in courses offered by the
institution for which the student does not receive regular
academic credit;
``(III) enrollment in noncredit, nondegree courses;
``(IV) participation in internships; or
``(V) a combination of 2 or more of the activities
described in clauses (i) through (iv);
``(D) be maintaining satisfactory progress in the program
as determined by the institution, in accordance with
standards established by the institution; and
``(E) meet the requirements of paragraphs (3), (4), (5),
and (6) of subsection (a).
``(2) Regulations.--Notwithstanding rules applicable to
grant or work assistance awards made under section 401 of
part A, subpart 3 of part A, and part C of this title,
including with respect to eligible programs, instructional
time, credit status, and enrollment status as described in
section 481, the Secretary shall promulgate regulations
allowing programs enrolling students with intellectual
disabilities otherwise determined to be eligible under this
subsection to receive such awards.
``(t) Data Analysis on Access to Federal Student Aid For
Certain Populations.--
``(1) Development of the system.--Within one year of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with the Central
Processing System, analyze data from the FAFSA containing
information regarding the number, characteristics, and
circumstances of students denied Federal student aid based on
a drug conviction while receiving Federal aid.
``(2) Results from analysis.--The results from the analysis
of such information shall be made available on a continuous
basis via the Department of Education website and the Digest
of Education and Statistics.
``(3) Data updating.--The data analyzed under this
subsection shall be updated at the beginning of each award
year and at least one additional time during such award year.
``(4) Report to congress.--The Secretary shall prepare and
submit to the authorizing committees of the Congress, in each
fiscal year, a report describing the results obtained by the
establishment and operation of the data system authorized by
this subsection.''.
(b) Effective Date.--The amendments made by this section
shall take affect on July 1, 2009.
SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES.
Section 484A(b) (20 U.S.C. 1091a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in collecting any obligation arising from a loan made
under part E of this title, an institution of higher
education that has an agreement with the Secretary pursuant
to section 463(a) shall not be subject to a defense raised by
any borrower based on a claim of infancy.''.
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by
adding at the end the following new subparagraph:
``(C) Readmission requirements for servicemembers.--Any
institution of higher education that requires any student--
``(i) who is a member of the Armed Forces of the United
States, or a member of such Armed Forces in a retired status,
including members of the National Guard or other reserve
component,
``(ii) who is on active duty, or is called or ordered to
active duty (as defined in section 481(d)), and
``(iii) whose attendance at such institution is interrupted
by such active duty,
to apply for readmission to such institution of higher
education after the conclusion of such active duty shall
submit to the Secretary a statement justifying such
requirement.''.
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION
FOR STUDENTS.
(a) Disclosure of Policies and Sanctions Related to
Copyright Infringement.--Section 485(a)(1) (20 U.S.C.
1092(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (N);
(2) by striking the period at the end of subparagraph (O)
and inserting ``; and'' ; and
(3) by adding at the end the following new subparagraph:
``(P) institutional policies and sanctions related to
copyright infringement, including--
``(i) an annual disclosure that explicitly informs students
that unauthorized distribution of copyrighted material,
including unauthorized peer-to-peer file sharing, may subject
the students to civil and criminal liabilities;
``(ii) a summary of the penalties for violation of Federal
copyright laws;
``(iii) a description of the institution's policies with
respect to unauthorized peer-to-peer file sharing, including
disciplinary actions that are taken against students who
engage in unauthorized distribution of copyrighted materials
using the institution's information technology system; and
``(iv) a description of actions that the institution takes
to prevent and detect unauthorized distribution of
copyrighted material on the institution's information
technology system.''.
(b) Criminal Offenses Reported.--Section 485(f)(1) (20
U.S.C. 1092(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, other than a foreign institution of higher education,''
after ``under this title''; and
(2) in subparagraph (F)--
(A) by striking clause (i) and inserting the following:
``(i) of the following criminal offenses reported to campus
security authorities or local police agencies:
``(I) murder;
``(II) sex offenses, forcible or nonforcible;
``(III) robbery;
``(IV) aggravated assault;
``(V) intimidation;
``(VI) burglary;
``(VII) larceny-theft;
``(VIII) motor vehicle theft;
``(IX) destruction, damage, or vandalism of property;
``(X) simple assault;
``(XI) manslaughter;
``(XII) arson; and
``(XIII) arrests or persons referred for campus
disciplinary action for liquor law violations, drug-related
violations, and weapons possession; and''; and
(B) in clause (ii), by striking ``of the crimes described
in subclauses (I) through (VIII)'' and inserting ``for
degree-granting institutions only, of the crimes described in
subclauses (I) through (XII)''; and
(3) by adding at the end the following new subparagraph:
``(J) A statement of current campus policies regarding
immediate emergency response and evacuation procedures,
including the use of electronic and cellular communication
(if appropriate), which shall include procedures--
``(i) to notify the campus community in not more than 30
minutes in the event of a significant emergency or dangerous
situation, involving an immediate threat to the health or
safety of students or staff, occurring on the campus, in or
on noncampus buildings or property, and on public property;
[[Page H699]]
``(ii) to publicize emergency response and evacuation
procedures on an annual basis in a manner designed to reach
students and staff; and
``(iii) to test emergency response and evacuation
procedures on an annual basis.''.
(c) Additional Amendment.--Section 485(f) is further
amended--
(1) by redesignating paragraph (15) as paragraph (18); and
(2) by inserting after paragraph (14) the following:
``(15) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance
with this subsection by institutions of higher education,
including an up-to-date report on the Secretary's monitoring
of such compliance.
``(16) Best practices.--The Secretary may seek the advice
and counsel of the Attorney General concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
``(17) Retaliation prohibited.--No participating
institution or officer, employee, or agent of the institution
shall intimidate, threaten, coerce, or otherwise discriminate
against any individual for the purpose of interfering with
the implementation of any provision of this subsection, or
any rights or privileges accorded under this subsection, or
because the individual has complained, testified, assisted,
or otherwise participated in any aspect of an investigation,
proceeding, or hearing.''.
(d) Additional Requirements.--Section 485 (20 U.S.C. 1092)
is amended by adding at the end the following new
subsections:
``(h) Transfer of Credit Policies.--
``(1) Disclosure.--Each institution of higher education
participating in any program under this title shall publicly
disclose in a readable and comprehensible manner the transfer
of credit policies established by the institution which shall
include a statement of the institution's current transfer of
credit policies that includes, at a minimum--
``(A) any established criteria the institution uses
regarding the transfer of credit earned at another
institution of higher education; and
``(B) a list of institutions of higher education with which
the institution has established an articulation agreement.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary or the National Advisory
Committee on Institutional Quality and Integrity to require
particular policies, procedures, or practices by institutions
of higher education with respect to transfer of credit;
``(B) authorize an officer or employee of the Department to
exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any institution of higher education, or over any
accrediting agency or association;
``(C) limit the application of the General Education
Provisions Act; or
``(D) create any legally enforceable right on the part of a
student to require an institution of higher education to
accept a transfer of credit from another institution.
``(i) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports on student housing
required.--Each eligible institution participating in any
program under this title that maintains on-campus student
housing facilities shall, on an annual basis, publish a fire
safety report, which shall contain information with respect
to the campus fire safety practices and standards of that
institution, including--
``(A) statistics concerning the following in each on-campus
student housing facility during the most recent calendar
years for which data are available:
``(i) the number of fires and the cause of each fire;
``(ii) the number of injuries related to a fire that result
in treatment at a medical facility;
``(iii) the number of deaths related to a fire; and
``(iv) the value of property damage caused by a fire;
``(B) a description of each on-campus student housing
facility fire safety system, including the fire sprinkler
system;
``(C) the number of regular mandatory supervised fire
drills;
``(D) policies or rules on portable electrical appliances,
smoking, and open flames (such as candles), procedures for
evacuation, and policies regarding fire safety education and
training programs provided to students, faculty, and staff;
and
``(E) plans for future improvements in fire safety, if
determined necessary by such institution.
``(2) Report to the secretary.--Each eligible institution
participating in any program under this title shall, on an
annual basis submit to the Secretary a copy of the statistics
required to be made available under subparagraph (A).
``(3) Current information to campus community.--Each
institution participating in any program under this title
shall--
``(A) make, keep, and maintain a log, recording all fires
in on-campus student housing facilities, including the
nature, date, time, and general location of each fire; and
``(B) make annual reports to the campus community on such
fires.
``(4) Responsibilities of the secretary.--The Secretary
shall--
``(A) make such statistics submitted to the Secretary
available to the public; and
``(B) in coordination with nationally recognized fire
organizations and representatives of institutions of higher
education, representatives of associations of institutions of
higher education, and other organizations that represent and
house a significant number of students--
``(i) identify exemplary fire safety policies, procedures,
programs, and practices;
``(ii) disseminate information to the Administrator of the
United States Fire Administration;
``(iii) make available to the public information concerning
those policies, procedures, programs, and practices that have
proven effective in the reduction of fires; and
``(iv) develop a protocol for institutions to review the
status of their fire safety systems.
``(5) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary to require particular
policies, procedures, programs, or practices by institutions
of higher education with respect to fire safety, other than
with respect to the collection, reporting, and dissemination
of information required by this subsection;
``(B) affect the Family Educational Rights and Privacy Act
of 1974 or the regulations issued under section 264 of the
Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note);
``(C) create a cause of action against any institution of
higher education or any employee of such an institution for
any civil liability; or
``(D) establish any standard of care.
``(6) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance
with this subsection by institutions of higher education,
including an up-to-date report on the Secretary's monitoring
of such compliance.
``(7) Evidence.--Notwithstanding any other provision of
law, evidence regarding compliance or noncompliance with this
subsection shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity,
except with respect to an action to enforce this subsection.
``(8) Retaliation prohibited.--No participating institution
or officer, employee, or agent of the institution shall
intimidate, threaten, coerce, or otherwise discriminate
against any individual for the purpose of interfering with
the implementation of any provision of this subsection, or
any rights or privileges accorded under this subsection, or
because the individual has complained, testified, assisted,
or otherwise participated in any aspect of an investigation,
proceeding, or hearing.
``(j) Missing Person Procedures.--
``(1) Form and protocols.--Each institution of higher
education participating in any program under this title
shall--
``(A) include on its form for registration or enrollment of
students an item in which the student can elect to identify
an individual to be notified and police to be notified by the
university within 24 hours of when a student is reported
missing to the university, and
``(B) establish protocols for missing students that--
``(i) require any missing person report relating to any
student be referred to the institution's police or campus
security department; and
``(ii) if, on investigation of the report, such department
determines that the missing person has been missing for more
than 24 hours, require--
``(I) such department to refer to the item on the
registration document required under subparagraph (A) and
contact the individual named by the student in such item; and
``(II) if the student is under 18 years of age, the
institution of higher education to automatically contact the
parents of such student.
``(2) Waiver.--The item required by paragraph (1)(A) shall
explicitly and prominently state that by identifying an
individual to contact in the case of disappearance, the
student waives any right to sue based on Federal or State
privacy law in the event that a missing persons notification
is made to the individual named by such student in such item.
``(3) Additional remedies permitted.--Nothing in this
subsection shall be construed to prevent or discourage an
institution of higher education from taking additional
measures with respect to missing students beyond those
required by this subsection.
``(k) Notice to Students Concerning Penalties for Drug
Violations.--Each institution of higher education shall
provide to each student, upon enrollment, a separate, clear,
and conspicuous written notice that advises the student of
the penalties under section 484(r).''.
SEC. 489. ARTICULATION AGREEMENTS.
Part G of title IV is amended by inserting after section
486 (20 U.S.C. 1093) the following new section:
``SEC. 486A. ARTICULATION AGREEMENTS.
``(a) Program To Encourage Articulation Agreements.--
``(1) Program requirements.--The Secretary shall carry out
a program for States, in cooperation with public institutions
of higher education, to develop, enhance, and implement
comprehensive articulation agreements among such institutions
in a State, and (to the extent practicable) across State
lines, by 2010. Such articulation agreements shall be made
widely and publicly available on the websites of States and
institutions, and on the application materials of such
institutions. In developing, enhancing, and implementing
articulation agreements, States and public institutions of
higher education may employ strategies, where applicable,
including--
``(A) common course numbering;
``(B) a general education core curriculum;
``(C) developing or expanding articulation agreements that
include both public and private institutions of higher
education; and
``(D) other strategies identified by the Secretary.
``(2) Technical assistance provided.--The Secretary shall
provide technical assistance to States and institutions of
higher education for the purposes of developing and
implementing articulation agreements in accordance with this
subsection.
[[Page H700]]
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the academic freedom or choices
of institutions of higher education.
``(b) Study Required.--The Secretary shall conduct a study
to review the articulation agreements at State-based college
and university systems, including junior or community
colleges, as well as those at other institutions of higher
education, including private non-profit and for-profit
institutions. Such study shall consider--
``(1) the extent to which States and institutions have
developed and implemented articulation agreements;
``(2) with respect to the articulation agreements
developed--
``(A) the number and types of institutions participating
the programs offered;
``(B) the cost-savings to the participating institutions
and to the students;
``(C) what strategies are being employed, including common
course numbering and general education core curriculum;
``(D) the effective use of technologies to contain costs,
maintain quality of instruction, and inform students; and
``(E) a description of the students to whom the
articulation agreements are offered and, to the extent
practicable, a description of the students who take advantage
of the articulation agreements;
``(3) best practices and innovative strategies employed to
implement effective articulation agreements; and
``(4) barriers to the implementation of articulation
agreements, including technological and informational
barriers.
``(c) Report.--The Secretary shall submit to the
authorizing committees an interim report on the study
required by this section not later than 2 years after the
date of enactment of the College Opportunity and
Affordability Act of 2007 and a final report on such study
not later than January 1, 2013.
``(d) Definition.--In this section, the term `articulation
agreement' means an agreement between institutions of higher
education that specifies the acceptability of courses in
transfer toward meeting specific degree requirements.''.
SEC. 490. PROGRAM PARTICIPATION AGREEMENTS.
(a) Additional Requirements.--Section 487(a) (20 U.S.C.
1094(a)) is amended--
(1) by adding at the end of paragraph (23) the following
new subparagraph:
``(D) The institution shall be considered in compliance
with the requirements of subparagraph (A) for each student to
whom the institution electronically transmits a message
containing a voter registration form acceptable for use in
the State in which the institution is located, or an Internet
address where such a form can be downloaded, provided such
information is in an electronic message devoted exclusively
to voter registration.''; and
(2) by adding at the end the following new paragraphs:
``(24)(A) A covered institution that has entered into a
preferred lender arrangement will compile, maintain, and make
available for students attending the institution (or the
parents of such students) a list, in print or any other
medium, of the specific lenders for educational loans that
the institution recommends, promotes, or endorses in
accordance with such preferred lender arrangement. In
compiling, maintaining, and making available such list, the
institution will--
``(i) clearly and fully disclose on such list--
``(I) no less than the information required to be disclosed
in the model disclosure form, or updated model disclosure
form, required under section 153;
``(II) why the institution has entered into a preferred
lender arrangement with each listed lender, particularly with
respect to terms and conditions favorable to the borrower;
and
``(III) that the students attending the institution (or the
parents of such students) do not have to borrow from a listed
lender;
``(ii) ensure, through the use of the list provided by the
Secretary under subparagraph (B), that--
``(I) there are not less than 3 lenders of loans made under
part B that are not affiliates of each other included on such
list and, if the institution recommends, promotes, or
endorses private educational loans, there are not less than 2
lenders of private educational loans that are not affiliates
of each other included on such list;
``(II) the list under this subparagraph--
``(aa) specifically indicates, for each listed lender,
whether the lender is or is not an affiliate of each other
lender on the list; and
``(bb) if a lender is an affiliate of another lender on the
list, describes the details of such affiliation;
``(iii) prominently disclose the method and criteria used
by the institution in selecting lenders with which to enter
into preferred lender arrangements to ensure that such
lenders are selected on the basis of the benefits provided to
borrowers, including--
``(I) highly competitive interest rates, terms, or
conditions of Federal and private educational loans;
``(II) high-quality servicing for such loans; or
``(III) additional benefits beyond the standard terms and
conditions for such loans;
``(iv) exercise a duty of care and a duty of loyalty to
compile the list under this subparagraph without prejudice
and for the sole benefit of the students attending the
institution (or the parents of such students);
``(v) not deny or otherwise impede the borrower's choice of
a lender or cause unnecessary delays in loan certification
under this title for those borrowers who choose a lender that
has not been recommended, promoted, or endorsed by the
institution; and
``(vi) comply with such other requirements as the Secretary
may prescribe by regulation.
``(B) The Secretary shall maintain and update a list of
lender affiliates of all eligible lenders, and shall provide
such list to the institutions for use in carrying out
subparagraph (A).
``(C) For the purposes of subparagraph (A)--
``(i) the term `affiliate' means a person that controls, is
controlled by, or is under common control with another
person;
``(ii) a person controls, is controlled by, or is under
common control with another person if--
``(I) the person directly or indirectly, or acting through
1 or more others, owns, controls, or has the power to vote 5
percent or more of any class of voting securities of such
other person;
``(II) the person controls, in any manner, the election of
a majority of the directors or trustees of such other person;
or
``(III) the Secretary determines (after notice and
opportunity for a hearing) that the person directly or
indirectly exercises a controlling interest over the
management or policies of such other person;
``(iii) the term `preferred lender arrangement' has the
meaning provided in section 151; and
``(iv) the term `educational loans' has the meaning
provided in section 151, except that such term does not
include loans under section 499(b) or under parts D or E of
this title.
``(25) The institution will submit to the Secretary
annually, in such form as the Secretary may prescribe, data
on--
``(A) the number and percentage of students taking classes
in whole or in part on-line or through distance education;
``(B) of such students, the number and percentage of those
taking their classes exclusively on-line or through distance
education; and
``(C) the number and percentage of courses offered by the
institution that are offered on-line or through distance
education.''.
(b) Reports on Disciplinary Proceedings.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding after paragraph (25), as added by
subsection (a) of this section, the following new paragraph:
``(26) The institution will, upon request, disclose to the
alleged victim of any crime of violence (as that term is
defined in section 16 of title 18), or a nonforcible sex
offense, the final results of any disciplinary proceeding
conducted by such institution against a student who is the
alleged perpetrator of such crime or offense with respect to
such crime or offense. If the alleged victim of such crime or
offense is deceased, the next of kin of such victim shall be
treated as the alleged victim for purposes of this
paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any disciplinary proceeding
conducted by such institution on or after one year after the
date of enactment of this Act.
(c) Enforcing the 90/10 Rule.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding at the end the following new
paragraph:
``(27) A proprietary institution of higher education (as
defined in section 102(b)) will, as calculated in accordance
with subsection (f)(1) of this section, have not less than 10
percent of its revenues from sources other than funds
provided under this title, or will be subject to the
sanctions described in subsection (f)(2) of this section.''.
(2) Implementation.--Section 487 is further amended by
adding at the end the following new subsection:
``(f) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In carrying out subsection (a)(27), a
proprietary institution of higher education shall--
``(A) use the cash basis of accounting;
``(B) consider as revenue only those funds generated by the
institution from--
``(i) tuition, fees, and other institutional charges for
students enrolled in programs eligible for assistance under
this title;
``(ii) activities conducted by the institution, to the
extent not included in tuition, fees, and other institutional
charges, that are necessary for the education or training of
its students who are enrolled in programs eligible for
assistance under this title, if such activities are--
``(I) conducted on campus or at a facility under the
control of the institution;
``(II) performed under the supervision of a member of the
institution's faculty; and
``(III) required to be performed by all students in a
specific educational program at the institution; and
``(iii) funds paid by a student, or on behalf of a student
by a party other than the institution, for an education or
training program that is not eligible for funds under this
title, provided that the program is approved or licensed by
the appropriate State agency and is accredited by an
accrediting agency recognized by the Secretary;
``(C) presume that any title IV program funds disbursed or
delivered to or on behalf of a student will be used to pay
the student's tuition, fees, or other institutional charges,
regardless of whether the institution credits those funds to
the student's account or pays those funds directly to the
student, except to the extent that the student's tuition,
fees, or other institutional charges are satisfied by--
``(i) grant funds provided by non-Federal public agencies
or private sources independent of the institution;
``(ii) funds provided under a contractual arrangement with
Federal, State, or local government agencies for the purpose
of providing job training to low-income individuals who are
in need of that training; or
``(iii) funds used by a student from savings plans for
educational expenses established by or on behalf of the
student and which qualify for special tax treatment under the
Internal Revenue Code of 1986, provided that the institution
can reasonable demonstrate such funds were used to pay the
student's tuition, fees, or other institutional charges;
``(D) include institutional aid as revenue to the school
only as follows:
[[Page H701]]
``(i) in the case of institutional loans, only the amount
of loan repayments received during the fiscal year; and
``(ii) in the case of institutional scholarships, only
those provided by the institution in the form of monetary aid
or tuition discounts based upon the academic achievements or
financial need of students, disbursed during the fiscal year
from an established restricted account, and only to the
extent that funds in that account represent designated funds
from an outside source or from income earned on those funds;
``(E) exclude from revenues--
``(i) the amount of funds it received under the Federal
Work-Study program, unless the institution used those funds
to pay a student's institutional charges;
``(ii) the amount of funds it received under the Leveraging
Education Assistance Partnership program;
``(iii) the amount of institutional funds it used to match
title IV program funds;
``(iv) the amount of title IV program funds that must be
refunded or returned; or
``(v) the amount charged for books, supplies, and equipment
unless the institution includes that amount as tuition, fees,
or other institutional charges.
``(2) Sanctions.--
``(A) An institution that fails to meet the requirements of
subsection (a)(27) for 2 consecutive fiscal years shall
become ineligible to participate in the programs authorized
by this title. To regain eligibility to participate in the
programs authorized by this title, an institution that loses
its eligibility as a sanction under this subparagraph must
demonstrate compliance with all eligibility requirements for
at least the 3 fiscal years following the fiscal year the
institution became ineligible.
``(B) In addition to such other means of enforcing the
requirements of this title as may be available to the
Secretary, if an institution fails to meet the requirements
of subsection (a)(27) in any fiscal year, the Secretary shall
impose sanctions on the institution, which shall include--
``(i) placing the institution on provisional certification
in accordance with section 498(h) until the institution
demonstrates, to the satisfaction of the Secretary, that it
is in compliance with subsection (a)(27);
``(ii) requiring the institution to provide to the
Secretary satisfactory evidence of its financial
responsibility in accordance with section 498(c)(3); and
``(iii) requiring such other increased monitoring and
reporting requirements as the Secretary determines necessary
until the institution demonstrates, to the satisfaction of
the Secretary, that it is in compliance with subsection
(a)(27).
``(3) Publication on college navigator website.--The
Secretary shall publicly disclose the identity of any
institution that fails to meet the requirements of subsection
(a)(27) on the College Navigator website.
``(4) Report to congress.--The Secretary shall annually
submit to the authorizing committees a report that contains,
for each institution subject to the requirement of subsection
(a)(27), the result of the calculation of revenue performed
by each such institution pursuant to such subsection and
paragraph (1) of this subsection.''.
(d) Computer Disposal.--Section 487(a) is further amended
by adding at the end the following new paragraph:
``(28)(A) The institution of higher education will
establish a policy on the disposal or disposition (including
selling, donating, returning upon lease end, or destroying by
recycling), of all technology assets which may have personal
and sensitive data of students. Such policy may include a
forensic scrub that ensures total destruction of data on the
technology assets and include a designated for disposal or
disposition, transfer ownership and liability from that
institution to State and federally approved recyclers or de-
manufacturers of such equipment.
``(B) For purposes of this paragraph, the term `technology
assets' means a computer central processing unit, monitor,
printer, router, server, peripheral devices (such as
switches, hubs, and systems), firewalls, telephones, or other
simple network devices or single piece of information
technology equipment.''.
(e) Audits; Financial Responsibility; Enforcement of
Standards.--Section 487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is
amended--
(1) in clause (i)--
(A) by striking ``clauses (ii) and (iii)'' and inserting
``clauses (ii), (iii), and (iv)''; and
(B) by inserting before the semicolon at the end the
following: ``, except that the Secretary may modify the
requirements of this clause with respect to institutions of
higher education that are foreign institutions, and may waive
such requirements with respect to a foreign institution whose
students receive less than $500,000 in loans under this title
during the award year preceding the audit period'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by inserting ``or'' after the
semicolon; and
(4) by inserting after clause (iii) the following new
clause:
``(iv) with respect to an eligible institution that is
audited under clause (i), and for which it is determined
through such audit that the percentage of students enrolled
at the institution who were accepted for enrollment and made
eligible for student financial assistance under this title by
way of section 484(d)(2) exceeds 5 percent of the total
enrollment of the institution for such academic year, an
additional review to confirm that the institution is in
compliance with the regulations prescribed by the Secretary
under section 484(d);''.
SEC. 491. REGULATORY RELIEF AND IMPROVEMENT.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall continue the
voluntary participation of any experimental sites in
existence as of July 1, 2007, unless the Secretary determines
that such site's participation has not been successful in
carrying out the purposes of this section. Any activities
approved by the Secretary prior to such date that have not
been successful in carrying out the purposes of this section
shall be discontinued not later than June 30, 2009.'';
(2) by striking the matter preceding paragraph (2)(A) and
inserting the following:
``(2) Report.--The Secretary shall review and evaluate the
experience of institutions participating as experimental
sites and shall, on a biennial basis, submit a report based
on the review and evaluation to the authorizing committees.
Such report shall include--''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``Upon the submission of the report
required by paragraph (2), the'' and inserting ``The''; and
(ii) by inserting ``periodically'' after ``authorized to'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as redesignated by subparagraph
(C))--
(i) by inserting ``, including requirements related to the
award process and disbursement of student financial aid (such
as innovative delivery systems for modular or compressed
courses, or other innovative systems), verification of
student financial aid application data, entrance and exit
interviews, or other management procedures or processes as
determined in the negotiated rulemaking process under section
492'' after ``requirements in this title'';
(ii) by inserting ``(other than an award rule related to an
experiment in modular or compressed schedules)'' after
``award rules''; and
(iii) by inserting ``unless the waiver of such provisions
is authorized by another provision under this title'' before
the period at the end.
SEC. 492. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
Section 491 (20 U.S.C. 1098) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of early
intervention programs and make recommendations that will
result in early awareness by low- and moderate-income
students and families of their eligibility for assistance
under this title, and, to the extent practicable, their
eligibility for other forms of State and institutional need-
based student assistance; and
``(E) to make recommendations that will expand and improve
partnerships among the Federal Government, States,
institutions, and private entities to increase the awareness
and total amount of need-based student assistance available
to low- and moderate-income students.'';
(2) in subsection (d)--
(A) in paragraph (6), by striking ``, but nothing in this
section shall authorize the committee to perform such
studies, surveys, or analyses'';
(B) in paragraph (8), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (9) as paragraph (10); and
(D) by inserting after paragraph (8) the following:
``(9) monitor the adequacy of total need-based aid
available to low- and moderate-income students from all
sources, assess the implications for access and persistence,
and report those implications annually to Congress and the
Secretary; and'';
(3) in subsection (j)(1)--
(A) by inserting ``and simplification'' after ``delivery
processes''; and
(B) by striking ``, including the implementation of a
performance-based organization within the Department, and
report to Congress regarding such modernization on not less
than an annual basis''; and
(4) in subsection (k), by striking ``2004'' and inserting
``2011''.
SEC. 493. NEGOTIATED RULEMAKING.
Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by
striking ``from individuals nominated by groups described in
subsection (a)(1)'' and inserting ``from individuals who are
nominated by groups described in subsection (a)(1) and who
have recognized legitimacy as designated representatives of
major stakeholders, sectors, and constituencies in the higher
education community''.
SEC. 494. TECHNICAL AMENDMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by
striking ``or is already in default''.
SEC. 495. CAMPUS-BASED DIGITAL THEFT PREVENTION.
Part G of title IV (20 U.S.C. 1088 et seq.) is further
amended by adding at the end the following new section:
``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.
``(a) In General.--Each eligible institution participating
in any program under this title shall to the extent
practicable--
``(1) make publicly available to their students and
employees, the policies and procedures related to the illegal
downloading and distribution of copyrighted materials
required to be disclosed under section 485(a)(1)(P); and
``(2) develop a plan for offering alternatives to illegal
downloading or peer-to-peer distribution of intellectual
property as well as a plan to explore technology-based
deterrents to prevent such illegal activity.
``(b) Grants.--
``(1) Program authority.--The Secretary may make grants to
institutions of higher education, or consortia of such
institutions, and
[[Page H702]]
enter into contracts with such institutions, consortia, and
other organizations, to develop, implement, operate, improve,
and disseminate programs of prevention, education, and cost-
effective technological solutions, to reduce and eliminate
the illegal downloading and distribution of intellectual
property. Such grants or contracts may also be used for the
support of a higher education centers that will provide
training, technical assistance, evaluation, dissemination,
and associated services and assistance to the higher
education community as determined by the Secretary and
institutions of higher education.
``(2) Awards.--Grants and contracts shall be awarded under
paragraph (1) on a competitive basis.
``(3) Applications.--An institution of higher education or
a consortium of such institutions that desires to receive a
grant or contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require by regulation.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2009 and for
each of the 4 succeeding fiscal years.''.
PART H--PROGRAM INTEGRITY
SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
(a) Amendments.--Section 496 (20 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) by striking ``(4) such agency'' and insert ``(4)(A)
such agency'';
(ii) by inserting ``and'' after the semicolon at the end;
and
(iii) by adding at the end the following new subparagraph:
``(B) if such agency or association has or seeks to include
within its scope of recognition the evaluation of the quality
of institutions or programs offering distance education, such
agency or association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the Secretary
that--
``(i) the agency or association's standards effectively
address the quality of an institution's distance education in
the areas identified in paragraph (5), except that the agency
or association shall not be required to have separate
standards, procedures or policies for the evaluation of
distance education institutions or programs in order to meet
the requirements of this subparagraph; and
``(ii) the agency or association requires an institution
that offers distance education to have processes through
which the institution establishes that the student who
registers in a distance education course or program is the
same student who participates in and completes the program
and receives the academic credit;'';
(B) by striking paragraph (6) and inserting the following:
``(6) such agency or association shall establish and apply
review procedures throughout the accrediting process,
including evaluation and withdrawal proceedings which comply
with due process procedures that provide for--
``(A) adequate specification of requirements, including
clear and consistent standards for an institution to be
accredited, and deficiencies at the institution of higher
education or program examined;
``(B) an opportunity for a written response by any such
institution to be included, prior to final action, in the
evaluation and withdrawal proceedings;
``(C) upon the written request of an institution, an
opportunity for the institution to appeal any adverse action,
including denial, withdrawal, suspension, or termination of
accreditation, at a hearing prior to such action becoming
final, before an appeals panel that--
``(i) shall not include current members of the agency or
association's underlying decision-making body that made the
adverse decision; and
``(ii) is subject to a conflict of interest policy; and
``(D) the right to representation by counsel for such an
institution during an appeal of the adverse action;''; and
(C) by striking paragraph (8) and inserting the following:
``(8) such agency or association shall make available to
the public and the State licensing or authorizing agency, and
submit to the Secretary, a summary of agency or association
actions, including--
``(A) the award of accreditation or reaccreditation of an
institution;
``(B) final denial, withdrawal, suspension, or termination
of accreditation, and any findings made in connection with
the action taken, together with the official comments of the
affected institution; and
``(C) any other adverse action taken with respect to an
institution;
``(9) such agency or association confirms, as a part of the
agency or association's review for accreditation or
reaccreditation, that the institution has transfer of credit
policies--
``(A) that are publicly disclosed; and
``(B) that include a statement of the criteria established
by the institution regarding the transfer of credit earned at
another institution of higher education;
``(10) such agency or association reviews and takes into
consideration the institution's response in any review or
determination, and includes in any determination a written
statement addressing the institution's response and stating
the basis for such determination, and a copy of the
institution's response; and
``(11) such agency or association shall not make a
determination or take adverse action based upon an
unpublished or undocumented policy, practice, or
precedent.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, including those
regarding distance education'' after ``their
responsibilities'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (4) through (8); and
(C) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) monitors the growth of programs at institutions that
are experiencing significant enrollment growth;
``(3) requires an institution to submit a teach-out plan
for approval to the accrediting agency upon the occurrence of
any of the following events:
``(A) the Department notifies the accrediting agency of an
action against the institution pursuant to section 487(d);
``(B) the accrediting agency acts to withdraw, terminate,
or suspend the accreditation of an institution; and
``(C) the institution notifies the accrediting agency that
the institution intends to cease operations;'';
(3) in subsection (g), by adding at the end the following:
``Nothing in this section shall be construed to permit the
Secretary to establish any criteria that specifies, defines,
or prescribes the standards that accrediting agencies or
associations shall use to assess any institution's success
with respect to student achievement.''; and
(4) in subsection (o), by adding at the end the following:
``Notwithstanding any other provision of law, the Secretary
shall not promulgate any regulation with respect to
subsection (a)(5).''.
(b) Additional Amendment.--Section 496(a)(4)(A) as amended
by subsection (a) is further amended by inserting after
``consistently applies and enforces standards'' the
following: ``that respect the stated mission of the
institution of higher education, including religious
missions, and''.
SEC. 497. ACCREDITATION OMBUDSMAN.
Subpart 2 of part H of title IV is amended by inserting
after section 496 (20 U.S.C. 1099b) the following new
section:
``SEC. 497. ACCREDITATION OMBUDSMAN.
``(a) Appointment.--The Assistant Secretary for
Postsecondary Education, in consultation with the Secretary,
shall appoint an Accreditation Ombudsman to provide timely
assistance to institutions of higher education, accrediting
agencies and associations, and other participants in the
accreditation process who may have grievances related to the
functions described in subsection (c).
``(b) Public Information.--The Assistant Secretary for
Postsecondary Education shall disseminate information about
the availability and functions of the Ombudsman to
institutions of higher education, accrediting agencies and
associations, and other participants in the accreditation
process.
``(c) Functions of Ombudsman.--The Ombudsman appointed
under this section shall--
``(1) in accordance with regulations of the Secretary,
receive, review, and attempt to resolve complaints from
institutions of higher education, accrediting agencies and
associations, and other participants in the accreditation
process described in subsection (a), including, as
appropriate, attempts to resolve such complaints within the
Department of Education and with institutions of higher
education, accreditation agencies and associations, and other
participants in title IV programs; and
``(2) compile and analyze data on institutions of higher
education and accrediting agency and association complaints
and make appropriate recommendations.
``(d) Report.--Each year, the Ombudsman shall submit a
report to the Assistant Secretary for Postsecondary
Education, for inclusion in the annual report under section
114, that describes the activities, and evaluates the
effectiveness of the Ombudsman during the preceding year.''.
SEC. 498. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) provide the institution adequate opportunity to
review and respond to any program review report or audit
finding before any final program review or audit
determination is reached, including access to any and all
workpapers, notes, documentation, records, or other
information relating to the program review report or audit
finding;
``(7) review and take into consideration the institution's
response in any final program review or audit determination,
and include in the final determination a written statement
addressing the institution's response and stating the basis
for such final determination, and a copy of the institution's
response; and
``(8) maintain and preserve at all times the
confidentiality of any program review report until the
requirements of paragraphs (6) and (7) are met, and until a
final program review determination has been issued.''.
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.
Section 499 (as added by section 701 of the College Cost
Reduction and Access Act of 2007) is amended by adding at the
end the following new subsections:
``(c) Required Initial Evaluation.--The Secretary and
Secretary of the Treasury shall jointly conduct an
evaluation, in consultation with the Office of Management and
Budget, the Congressional Budget Office, and the Comptroller
General, of the pilot program carried out by the Secretary
under this section. The evaluation shall determine--
[[Page H703]]
``(1) the extent of the savings to the Federal Government
that are generated through the pilot program, compared to the
cost the Federal Government would have incurred in operating
the PLUS loan program under section 428B in the absence of
the pilot program;
``(2) the number of lenders that participated in the pilot
program, and the extent to which the pilot program generated
competition among lenders to participate in the auctions
under the pilot program;
``(3) the number and volume of loans made under the pilot
in each State;
``(4) the effect of the transition to and operation of the
pilot program on the ability of--
``(A) lenders participating in the pilot program to
originate loans made through the pilot program smoothly and
efficiently;
``(B) institutions of higher education participating in the
pilot program to disburse loans made through the pilot
program smoothly and efficiently; and
``(C) parents to obtain loans made through the pilot
program in a timely and efficient manner;
``(5) the differential impact, if any, of the auction among
the States, including between rural and non-rural States;
``(6) the feasibility of using the mechanism piloted to
operate the other loan programs under part B of this title;
and
``(7) the feasibility of using other market mechanisms to
operate the loan programs under part B of this title,
including the sale of securities backed by federally owned
student loan assets originated by banks acting as agents of
the Federal Government.
``(d) Reports.--The Secretary and the Secretary of the
Treasury shall submit to the authorizing committees--
``(1) not later than September 1, 2010, a preliminary
report regarding the findings of the evaluation described in
subsection (c);
``(2) not later than September 1, 2012, an interim report
regarding such findings; and
``(3) not later than September 1, 2013, a final report
regarding such findings.''.
TITLE V--TITLE V AMENDMENTS
SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS.
(a) Establishment of Program.--Title V is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 (20 U.S.C. 1101d) the
following new part:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. PURPOSES.
``The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic
students; and
``(2) to expand the postbaccalaureate academic offerings
and enhance the program quality in the institutions that are
educating the majority of Hispanic college students and
helping large numbers of Hispanic and low-income students
complete postsecondary degrees.
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of
funds appropriated to carry out this part, the Secretary
shall award competitive grants to Hispanic-serving
institutions determined by the Secretary to be making
substantive contributions to graduate educational
opportunities for Hispanic students.
``(b) Eligibility.--For the purposes of this part, an
`eligible institution' means an institution of higher
education that--
``(1) is an eligible institution under section 502(a)(2);
and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for one or
more of the following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of this part;
and
``(B) are approved by the Secretary as part of the review
and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for
a grant under this part by submitting an application to the
Secretary at such time and in such manner as determined by
the Secretary. Such application shall demonstrate how the
grant funds will be used to improve postbaccalaureate
education opportunities in programs and professions in which
Hispanic Americans are underrepresented.
``(b) Duration.--Grants under this part shall be awarded
for a period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than
one grant under this part in any fiscal year to any Hispanic-
serving institution.''.
(b) Cooperative Arrangements.--Section 524(a) (as
redesignated by subsection (a)(2)) (20 U.S.C. 1103c(a)) is
amended by inserting ``and section 513'' after ``section
503''.
(c) Authorization of Appropriations.--Subsection (a) of
section 528 (as redesignated by subsection (a)(2) of this
section) (20 U.S.C. 1103g) is amended to read as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A and part C of this title $175,000,000 for
fiscal year 2009 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $125,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
(d) Minimum Grant Amount.--Section 528 (as redesignated by
subsection (a)(2) of this section) (20 U.S.C. 1103g) is
amended by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.''.
(e) Part A Authorized Uses of Funds.--Section 503(b) (20
U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) Providing education or financial information
designed to improve the financial literacy and economic
literacy of students or the students' parents, especially
with regard to student indebtedness and student assistance
programs under the title IV.''.
TITLE VI--TITLE VI AMENDMENTS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.
(a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is
amended--
(1) in subsection (a)(3), by striking ``post-Cold War'';
(2) in subsection (b)(1), by striking ``; and'' at the end
of subparagraph (D) and inserting ``, including through
linkages overseas with institutions of higher education and
relevant organizations that contribute to the educational
programs assisted under this part; and''; and
(3) in subsection (b)(3) by inserting ``, and international
business and trade competitiveness'' before the period.
(b) Graduate and Undergraduate Language and Area Centers
and Programs.--Section 602(a) (20 U.S.C. 1122(a)) is
amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretary is authorized to make
grants to institutions of higher education or consortia of
such institutions for the purpose of establishing,
strengthening, and operating--
``(i) comprehensive foreign language and area or
international studies centers and programs; and
``(ii) a diverse network of undergraduate foreign language
and area or international studies centers and programs.'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (G);
(B) by striking the period at the end of subparagraph (H)
and inserting a semicolon; and
(C) by inserting after subparagraph (H) the following new
subparagraphs:
``(I) supporting instructors of the less commonly taught
languages; and
``(J) projects that support in students an understanding of
science and technology in coordination with foreign language
proficiency.''; and
(3) in paragraph (4)--
(A) by amending subparagraph (B) to read as follows:
``(B) Partnerships or programs of linkage and outreach with
2-year and 4-year colleges and universities, including
colleges of education and teacher professional development
programs.'';
(B) in subparagraph (C), by striking ``Programs of linkage
or outreach'' and inserting ``Partnerships or programs of
linkage and outreach'';
(C) in subparagraph (E)--
(i) by striking ``foreign area'' and inserting ``area
studies'';
(ii) by striking ``of linkage and outreach''; and
(iii) by striking ``(C), and (D)'' and inserting ``(D), and
(E)'';
(D) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(E) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Partnerships with local educational agencies and
public and private elementary and secondary education schools
that are designed to increase student academic achievement in
foreign language and knowledge of world regions, and to
facilitate the wide dissemination of materials related to
area studies.''.
(c) Fellowships for Foreign Language and Area or
International Studies.--Section 602(b) (20 U.S.C. 1122(b)) is
amended--
(1) by inserting ``and Undergraduate'' after ``Graduate''
in the subsection heading; and
(2) by striking paragraph (2) and inserting the following:
[[Page H704]]
``(2) Eligible students.--A student receiving a stipend
described in paragraph (1) shall be engaged in an
instructional program with stated performance goals for
functional foreign language use or in a program developing
such performance goals, in combination with area studies,
international studies, or the international aspects of a
professional studies program, including predissertation level
studies, preparation for dissertation research, dissertation
research abroad, and dissertation writing, and--
``(A) in the case of graduate fellowships, activities in
connection with a program described in this paragraph may
include predissertation level studies, preparation for
dissertation research, dissertation research abroad, and
dissertation writing; or
``(B) in the case of undergraduate fellowships, students
may be allowed to use their fellowships abroad for
intermediate or advanced study of a less commonly taught
language.''.
(d) Language Resource Centers.--Section 603(c) (20 U.S.C.
1123(c)) is amended by inserting ``reflect the purposes of
this part and'' after ``shall''.
(e) Undergraduate International Studies and Foreign
Language Programs.--Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)(1), by striking ``combinations'' each
place it appears and inserting ``consortia'';
(2) in subsection (a)(2)--
(A) in subparagraph (B)(ii), by striking ``teacher
training'' and inserting ``teacher professional
development'';
(B) by redesignating subparagraphs (I) through (M) as
subparagraphs (J) through (N), respectively;
(C) by inserting after subparagraph (H) the following new
subparagraph:
``(I) the provision of grants for educational programs
abroad that are closely linked to the program's overall goals
and have the purpose of promoting foreign language fluency
and knowledge of world regions, except that not more than 10
percent of a grant recipient's funds may be used for this
purpose;''; and
(D) in subparagraph (M)(ii) (as redesignated by
subparagraph (B) of this paragraph), by striking ``elementary
and secondary education institutions'' and inserting ``local
educational agencies and public and private elementary and
secondary education schools'';
(3) in subsection (a)(4)(B), by inserting ``that
demonstrates a need for a waiver or reduction'' before the
period at the end;
(4) in subsection (a)(6), by inserting ``reflect the
purposes of this part and'' after ``shall'';
(5) in subsection (a)(8), by striking ``may'' and inserting
``shall''; and
(6) by striking subsection (c).
(f) Research; Studies; Annual Report.--Section 605(a) (20
U.S.C. 1125(a)) is amended by inserting before the period at
the end of the first sentence the following: ``, including
the systematic collection, analysis, and dissemination of
data''.
(g) Technological Innovation and Cooperation for Foreign
Information Access.--Section 606 (20 U.S.C. 1126) is
amended--
(1) in subsection (a)--
(A) by striking ``or consortia of such institutions or
libraries'' and inserting ``or partnerships between such
institutions or libraries and nonprofit educational
organizations including museums'';
(B) by striking ``new''; and
(C) by inserting ``from foreign sources'' after
``disseminate information'';
(2) in subsection (b)--
(A) by inserting ``acquire and'' before ``facilitate
access'' in paragraph (1);
(B) by striking ``new means of'' in paragraph (3) and
inserting ``new means and standards for'';
(C) by striking ``and'' at the end of paragraph (6);
(D) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(E) by inserting after paragraph (7) the following new
paragraphs:
``(8) to establish linkages between grant recipients under
subsection (a) with libraries, museums, organizations, or
institutions of higher education located overseas to
facilitate carrying out the purposes of this section; and
``(9) to carry out other activities deemed by the Secretary
to be consistent with the purposes of this section.''; and
(3) by adding at the end the following new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(h) Selection of Grant Recipients.--Section 607(b) (20
U.S.C. 1127(b)) is amended--
(1) by striking ``objectives'' and inserting ``missions'';
and
(2) by adding at the end the following new sentence: ``In
keeping with the purposes of this part, the Secretary shall
take into account the degree to which activities of centers,
programs, and fellowships at institutions of higher education
address national needs, generate and disseminate information,
and foster debate on international issues.''.
(i) Equitable Distribution.--Section 608(a) (20 U.S.C.
1128(a)) is amended by adding at the end the following new
sentence: ``Grants made under section 602 shall also reflect
the purposes of this part.''.
(j) Authorization of Appropriations.--Section 610 (20
U.S.C. 1128b) is amended by striking ``1999'' and inserting
``2009''.
(k) Conforming Amendments.--
(1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a),
1124(a)(5), 1130-1) are each amended by striking
``combinations'' each place it appears and inserting
``consortia''.
(2) Section 612 (20 U.S.C. 1130-1) is further amended by
striking ``combination'' each place it appears and inserting
``consortium''.
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section
612 (20 U.S.C. 1130-1) is further amended--
(1) in subsection (a)(1)(C), by inserting ``manufacturing
software systems, technology management,'' after
``commerce,'';
(2) in subsection (c)(2)(E), by inserting ``(including
those that are eligible to receive assistance under part A or
B of title III or under title V)'' after ``other institutions
of higher education'';
(3) in subsection (c)(2)--
(A) by striking ``and'' at the end of subparagraph (E); and
(B) by inserting the following new subparagraph after
subparagraph (E) (and redesignating the succeeding
subparagraph):
``(F) programs encouraging the advancement and
understanding of cultural, technological management, and
manufacturing software systems practices between institutions
of higher education in the United States and countries with
existing partnerships with other countries, including those
in Asian countries focused on this industry; and''; and
(4) in subsection (e), by adding at the end the following
new paragraph:
``(5) Special rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(A) are eligible to receive assistance under part A or B
of title III or under title V; and
``(B) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction, as
determined by the Secretary.''.
(b) Education and Training Programs.--Section 613 (20
U.S.C. 1130a) is amended by adding at the end the following
new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction, as
determined by the Secretary.''.
(c) Authorization of Appropriations.--Section 614 (20
U.S.C. 1130b) is amended by striking ``1999'' each place it
appears and inserting ``2009''.
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.
(a) Foreign Service Professional Development.--Section 621
(20 U.S.C. 1131) is amended--
(1) by striking the heading of such section and inserting
the following:
``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';
(2) by striking the second sentence of subsection (a) and
inserting the following: ``The Institute shall conduct a
program to enhance the international competitiveness of the
United States by increasing the participation of
underrepresented populations in the international service,
including private international voluntary organizations, the
international commercial service, and the foreign service of
the United States.''; and
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) A Tribally Controlled College or University or Alaska
Native or Native Hawaiian-serving institution eligible for
assistance under title III, an institution eligible for
assistance under part B of title III, or a Hispanic-serving
institution eligible for assistance under title V.
``(B) An institution of higher education which serves
substantial numbers of underrepresented minority students.''.
(b) Institutional Development.--Section 622(a) (20 U.S.C.
1131-1(a)) is amended by inserting before the period at the
end the following: ``and promote collaboration with colleges
and universities that receive funds under this title''.
(c) Study Abroad Program.--Section 623(a) (20 U.S.C.
1131a(a)) is amended by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,''.
(d) Advanced Degree in International Relations.--Section
624 (20 U.S.C. 1131b) is amended--
(1) by striking ``MASTERS'' in the heading of such section
and inserting ``ADVANCED'';
(2) by striking ``a masters degree in international
relations'' and inserting ``an advanced degree in
international relations, international affairs, international
economics, or other academic areas related to the Institute
fellow's career objectives''; and
(3) by striking ``The masters degree program designed by
the consortia'' and inserting ``The advanced degree study
program shall be designed by the consortia, consistent with
the fellow's career objectives, and''.
(e) Internships.--Section 625 (20 U.S.C. 1131c) is
amended--
(1) in subsection (a), by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,'';
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (2);
(B) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(C) by striking paragraph (4); and
(3) by amending subsection (c) to read as follows:
``(c) Ralph J. Bunche Fellows.--In order to assure the
recognition and commitment of individuals from
underrepresented student populations who demonstrate special
interest in
[[Page H705]]
international affairs and language study, eligible students
who participate in the internship programs authorized under
subsections (a) and (b) shall be known as the Ralph J. Bunche
Fellows.''.
(f) Report.--Section 626 (20 U.S.C. 1131d) is amended by
striking ``annually prepare a report'' and inserting
``prepare a report biennially''.
(g) Authorization of Appropriations.--Section 628 (20
U.S.C. 1131f) is amended by striking ``1999'' and inserting
``2009''.
SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
Title VI (20 U.S.C. 1121 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating section 631 (20 U.S.C. 1132) as
section 641; and
(3) by inserting after section 628 the following new part:
``PART D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
``(a) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) shall include--
``(i) a foreign language department of an institution of
higher education; and
``(ii) a local educational agency; and
``(B) may include--
``(i) another foreign language or teacher education
department of an institution of higher education;
``(ii) another local educational agency, or an elementary
or secondary school;
``(iii) a business;
``(iv) a nonprofit organization of demonstrated
effectiveness, including a museum;
``(v) heritage or community centers for language study;
``(vi) language resource centers; or
``(vii) the State foreign language coordinator or State
educational agency.
``(2) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given the term
in section 2102 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6602).
``(3) Articulated.--The term `articulated' means that each
grade level of the foreign language program is designed to
sequentially expand on the student achievement of the
previous level with a goal toward achieving an established
level of language proficiency.
``(b) Purpose.--The purpose of this section is to improve
the performance of students in the study of foreign languages
by encouraging States, institutions of higher education,
elementary schools, and secondary schools to participate in
programs that--
``(1) upgrade the status and stature of foreign language
teaching by encouraging institutions of higher education to
assume greater responsibility for improving foreign language
teacher education through the establishment of a
comprehensive, integrated system of recruiting and advising
such teachers;
``(2) focus on education of foreign language teachers as a
career-long process that should continuously stimulate
teachers' intellectual growth and upgrade teachers' knowledge
and skills;
``(3) bring foreign language teachers in elementary schools
and secondary schools together with linguists or higher
education foreign language professionals to increase the
subject matter knowledge and improve the teaching skills of
teachers through the use of more sophisticated resources that
institutions of higher education are better able to provide
than such schools; and
``(4) develop more rigorous foreign language curricula that
contain--
``(A) professionally accepted standards for elementary and
secondary education instruction;
``(B) standards expected for postsecondary study in foreign
language; and
``(C) articulated foreign language programs from
kindergarten through grade 12 that demonstrate increased
competence and proficiency over time and grade.
``(c) Grants to Partnerships.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to eligible partnerships to enable the
eligible partnerships to pay the Federal share of the costs
of carrying out the authorized activities described in this
section.
``(2) Duration.--The Secretary shall award grants under
this section for a period of 5 years.
``(3) Federal share.--The Federal share of the costs of the
activities assisted under this section shall be--
``(A) 75 percent of the costs for the first year that an
eligible partnership receives a grant payment under this
section;
``(B) 65 percent of such costs for the second such year;
and
``(C) 50 percent of such costs for each of the third,
fourth, and fifth such years.
``(4) Non-federal share.--The non-Federal share of the
costs of carrying out the authorized activities described in
this section may be provided in cash or in kind, fairly
evaluated.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible partnerships--
``(A) that include high-need local educational agencies; or
``(B) that emphasize the teaching of commonly taught and
critical foreign languages in an articulated program that
demonstrates increased competency and proficiency over grade
and time.
``(d) Applications.--
``(1) In general.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(2) Contents.--An application under paragraph (1) shall
include--
``(A) an assessment of the teacher quality and professional
development needs of all the schools and agencies
participating in the eligible partnership with respect to the
teaching and learning of foreign languages;
``(B) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities
are expected to improve student performance and to strengthen
the quality of foreign language instruction; and
``(C) a description of--
``(i) how the eligible partnership will carry out the
authorized activities described in subsection (e); and
``(ii) the eligible partnership's evaluation and
accountability plan as described in subsection (f).
``(e) Authorized Activities.--An eligible partnership shall
use the grant funds provided under this section for 1 or more
of the following activities related to elementary schools or
secondary schools:
``(1) Creating opportunities for enhanced and ongoing
professional development that improves the subject matter
knowledge of foreign language teachers.
``(2) Recruiting university students with foreign language
majors for teaching.
``(3) Promoting strong teaching skills for foreign language
teachers and teacher educators.
``(4) Establishing foreign language summer workshops or
institutes (including follow-up) for teachers.
``(5) Establishing distance learning programs for foreign
language teachers.
``(6) Designing programs to prepare a teacher at a school
to provide professional development to other teachers at the
school and to assist novice teachers at such school,
including (if applicable) a mechanism to integrate
experiences from a summer workshop or institute.
``(7) Developing instruction materials.
``(f) Evaluation and Accountability Plan.--Each eligible
partnership receiving a grant under this section shall
develop an evaluation and accountability plan for activities
assisted under this section that includes strong performance
objectives. The plan shall include objectives and measures
for--
``(1) increased participation by students in advanced
courses in foreign language;
``(2) increased percentages of secondary school classes in
foreign language taught by teachers with academic majors in
foreign language; and
``(3) increased numbers of foreign language teachers who
participate in content-based professional development
activities.
``(g) Report.--Each eligible partnership receiving a grant
under this section shall annually report to the Secretary
regarding the eligible partnership's progress in meeting the
performance objectives described in subsection (f).
``(h) Termination.--If the Secretary determines that an
eligible partnership is not making substantial progress in
meeting the performance objectives described in subsection
(f) by the end of the third year of a grant under this
section, the grant payments shall not be made for the fourth
and fifth years of the grant.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for fiscal year 2009 and for each of
the 4 succeeding fiscal years.''.
SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION.
Part E of title VI, as redesignated by section 604 of this
Act, is amended by inserting after section 641 (20 U.S.C.
1132 (as so redesignated)) the following new section:
``SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION.
``The Secretary may use not more than one percent of the
funds made available for this title for program evaluation,
national outreach, and information dissemination
activities.''.
SEC. 606. STUDENT SAFETY.
Part E of title VI, as redesignated by section 604 of this
Act, is further amended by inserting after section 642 (as
added by section 605 of this Act) the following new section:
``SEC. 643. STUDENT SAFETY.
``Applicants seeking funds under this title to support
student travel and study abroad shall submit as part of their
grant application a description of safety policies and
procedures for students participating in the program while
abroad.''.
SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.
Part E of title VI, as redesignated by section 604 of this
Act, is further amended by inserting after section 643 (as
added by section 606 of this Act) the following new section:
``SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.
``(a) Purpose.--It is the purpose of this section to
support programs in colleges and universities that--
``(1) encourage students to develop--
``(A) an understanding of science and technology; and
``(B) foreign language proficiency; and
``(2) foster future international scientific collaboration.
``(b) Development.--The Secretary shall develop a program
for the awarding of grants to institutions of higher
education that develop innovative programs for the teaching
of foreign languages.
``(c) Regulations and Requirements.--The Secretary shall
promulgate regulations for the awarding of grants under
subsection (b). Such regulations shall require institutions
of higher education to use grant funds for, among other
things--
``(1) the development of an on-campus cultural awareness
program by which students attend classes taught in a foreign
language and
[[Page H706]]
study the science and technology developments and practices
in a non-English speaking country;
``(2) immersion programs where students take science or
technology related course work in a non-English speaking
country; and
``(3) other programs, such as summer workshops, that
emphasize the intense study of a foreign language and science
technology.
``(d) Grant Distribution.--In distributing grants to
institutions of higher education under this section, the
Secretary shall give priority to--
``(1) institutions that have programs focusing on curricula
that combine the study of foreign languages and the study of
science and technology and produce graduates who have both
skills; and
``(2) institutions teaching critical foreign languages.
``(e) Science.--In this section, the term `science' means
any of the natural and physical sciences including chemistry,
biology, physics, and computer science. Such term does not
include any of the social sciences.
``(f) Appropriations Authorized.--There are authorized to
be appropriated to carry out this section, such sums as may
be necessary for fiscal year 2009 and for each subsequent
fiscal year.''.
SEC. 608. REPORTING BY INSTITUTIONS.
Part E of title VI (20 U.S.C. 1122), as redesignated by
section 604 of this Act, is further amended by inserting
after section 644 (as added by section 607 of this Act) the
following new section:
``SEC. 645. REPORTING BY INSTITUTIONS.
``(a) Applicability.--The data requirement in subsection
(b) shall apply to an institution of higher education that
receives funds for a center or program under this title if--
``(1) the amount of cash, or the fair market value, or
both, of the contributions received from a foreign government
or private sector corporation, foundation, or any other
entity or individual (excluding domestic government entities)
during any fiscal year exceeds $1,000,000 in the aggregate;
and
``(2) the aggregate contribution is intended for use
directly or indirectly by a center or program receiving funds
under this title.
``(b) Data Required.--The Secretary shall require of each
institution to which this paragraph applies under subsection
(a), as part of the Integrated Postsecondary Education Data
System (IPEDS) annual data collection, that such institution
report the following data:
``(1) The names and addresses of any foreign government or
private sector corporation, foundation, or any other entity
or individual that contributed such amount of cash or such
fair market value of other property as described in
subsection (a)(1).
``(2) The amount of such cash or the fair market value of
such property.
``(c) Exemption From Reporting.--The Secretary may, at the
request of the donor, exempt domestic donors who make
anonymous donations from the institutional reporting
requirement of subsection (b)(1) to preserve the anonymity of
their contribution. The data of institutions shall identify
such donors as `anonymous'. This exemption does not apply to
non-domestic donations.
``(d) Deadline.--Any report under subsection (b) shall be
made no later than such date as the Secretary shall require.
``(e) Consequences of Failure To Report.--In the case of
any institution from which a report is requested under
subsection (b), if the Secretary does not receive a report in
accordance with the deadline established under subsection
(d), the Secretary shall--
``(1) make a determination that the institution of higher
education has failed to make the report required by this
paragraph;
``(2) transmit a notice of the determination to Congress;
and
``(3) publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution of higher education for
contracts and grants under this title.''.
SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING
CAMPAIGN.
The Secretary of Education shall establish a foreign
language education marketing campaign to encourage students
at secondary schools and institutions of higher education to
study foreign languages, particularly languages that are less
commonly taught and critical to the national security of the
United States.
TITLE VII--TITLE VII AMENDMENTS
SEC. 701. JAVITS FELLOWSHIP PROGRAM.
(a) Authority and Timing of Awards.--Section 701(a) (20
U.S.C. 1132a(a)) is amended by inserting after the second
sentence the following: ``For purposes of the exception in
the preceding sentence, a master's degree in fine arts shall
be considered a terminal degree.''.
(b) Interruptions of Study.--Section 701(c) (20 U.S.C.
1134(c)) is amended by adding at the end the following new
sentence: ``In the case of other exceptional circumstances,
such as active duty military service or personal or family
member illness, the institution of higher education may also
permit the fellowship recipient to interrupt periods of study
for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but
without payment of the stipend.''.
(c) Allocation of Fellowships.--Section 702(a)(1) (20
U.S.C. 1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(d) Stipends.--Section 703 (20 U.S.C. 1134b) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2009-2010'';
and
(B) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded
a fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for academic year 2009-2010 and
succeeding academic years, the same amount as the
institutional payment made for academic year 2008-2009,
adjusted for academic year 2009-2010 and annually thereafter
in accordance with inflation as determined by the Department
of Labor's Consumer Price Index for All Urban Consumers for
the previous calendar year.''.
(e) Authorization of Appropriations.--Section 705 (20
U.S.C. 1134d) is amended by striking ``1999'' and inserting
``2009''.
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--
Section 712 (20 U.S.C. 1135a) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Designation of Areas of National Need.--After
consultation with appropriate Federal and nonprofit agencies
and organizations, including the National Science Foundation,
the Department of Defense, the Department of Homeland
Security, the National Academy of Sciences, and the Bureau of
Labor Statistics, the Secretary shall designate areas of
national need. In making such designations, the Secretary
shall take into consideration--
``(1) the extent to which the interest in the area is
compelling;
``(2) the extent to which other Federal programs support
postbaccalaureate study in the area concerned;
``(3) an assessment of how the program may achieve the most
significant impact with available resources;
``(4) an assessment of current and future professional
workforce needs of the United States; and
``(5) the priority described in subsection (c).''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority
for grants in order to prepare individuals for the
professorate who will train highly qualified elementary and
secondary mathematics and science teachers, special education
teachers, and teachers who provide instruction for limited
English proficient individuals. Such grants shall offer
program assistance and graduate fellowships for--
``(1) post baccalaureate study related to teacher
preparation and pedagogy in mathematics and science for
students who have completed a master's degree or are pursuing
a doctorate of philosophy in mathematics or science;
``(2) post baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
mathematics, science, special education, or second language
pedagogy and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--
Section 713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application from a department,
program, or unit in education or teacher preparation, provide
assurances that such department, program, or unit will
collaborate with departments, programs, or units in all
content areas to ensure a successful combination of training
in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is
amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
and
(2) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
(2) by striking ``1998-1999'' and inserting ``2008-2009'';
and
(3) by inserting ``for All Urban Consumers'' after ``Price
Index''.
(e) Authorization of Appropriations.--Section 716 (20
U.S.C. 1135e) is amended by striking ``1999'' and inserting
``2009''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C.
1135c(c)) is amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY
PROGRAM.
(a) Program Authority.--Section 721(a) (20 U.S.C. 1136(a))
is amended--
(1) by inserting ``middle and high school'' after
``disadvantaged''; and
[[Page H707]]
(2) by striking the period at the end of the sentence and
inserting ``and admission to law practice.''.
(b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is
amended by inserting ``middle and high school or'' before
``college student''.
(c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by inserting ``middle and high school students'' after
``identify'' in paragraph (1);
(2) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(3) by striking ``and'' at the end of paragraph (4);
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes authorized by
subsection (d) and who are enrolled in an accredited law
school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute program
certified by the Council on Legal Educational Opportunity.''.
(d) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills
and study methods'' after ``courses''.
(e) Authorization of Appropriations.--Section 721(h) (20
U.S.C. 1136(h)) is amended by striking ``1999'' and inserting
``2009''.
(f) General Provisions.--Subsection (e) of section 731 (20
U.S.C. 1137(e)) is repealed.
SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM.
Part A of title VII (20 U.S.C. 1134) is further amended--
(1) by redesignating subpart 4 as subpart 5;
(2) in the heading of section 731, by striking ``SUBPARTS
1, 2, AND 3'' and inserting ``SUBPARTS 1 THROUGH 4'';
(3) in subsections (a) and (b) of section 731, by striking
``subparts 1, 2, and 3'' each place it appears and inserting
``subparts 1 through 4'';
(4) in subsection (d) of such section, by striking
``subpart 1, 2, or 3'' and inserting ``subpart 1, 2, 3, or
4''; and
(5) by inserting after subpart 3 the following new subpart:
``Subpart 4--Patsy T. Mink Fellowship Program
``SEC. 722. PATSY T. MINK FELLOWSHIPS.
``(a) Purpose; Designation.--
``(1) Purpose.--It is the purpose of this subpart to
provide a program of fellowship awards to assist highly
qualified minorities and women to acquire the terminal
master's degree or the doctorate degree in academic areas in
which such individuals are underrepresented for the purpose
of entering the higher education professoriate.
``(2) Eligible institutions.--For purposes of this subpart,
the term `eligible institution' means an institution of
higher education, or a consortium of such institutions, that
offers a program of post baccalaureate study leading to a
graduate degree.
``(3) Designation.--Each recipient of a fellowship award
from an institution receiving a grant under this subpart
shall be known as a Patsy T. Mink Graduate Fellow.
``(b) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--From funds made available under
subsection (e), the Secretary shall make grants to eligible
institutions of higher education to enable such institutions
to make fellowship awards to qualified students in accordance
with the provisions of this subpart.
``(B) Priority consideration.--In making grant awards under
this subpart, the Secretary shall consider the applicant
institution's prior experience in producing doctorates and
terminal master's degree holders who are minorities and
females, and shall give priority consideration in making
grants under this subpart to those institutions with a
demonstrated record of producing minorities and women who
have earned such degrees.
``(2) Distribution and amounts of grants.--
``(A) Equitable distribution.--In making such grants the
Secretary shall, to the maximum extent feasible, ensure an
equitable geographic distribution of awards and an equitable
distribution among eligible public and private institutions
of higher education that apply for grants under this subpart
and that demonstrate the ability to achieve the purpose of
this subpart.
``(B) Special rule.--To the maximum extent practical, the
Secretary shall award at least 50 percent of the amount
appropriated under this subpart to institutions of higher
education eligible for assistance under titles III and V, or
to consortia composed of otherwise eligible institutions of
higher education and such minority-serving institutions.
``(C) Allocation.--In making such grants the Secretary
shall, consistent with subparagraphs (A) and (B), allocate
appropriated funds to those institutions whose applications
indicate the ability to significantly increase the numbers of
minorities and women entering the higher education
professoriate and that commit institutional resources to the
attainment of the purpose of this subpart. No grant made
under this subpart shall support fewer than fifteen degree
candidates consistent with subsection (d)(2).
``(D) Reallotment.--Whenever the Secretary determines that
an institution of higher education is unable to utilize all
of the amounts made available to it under this subpart, the
Secretary shall, on such dates during the fiscal year as the
Secretary may determine, reallocate such unused amounts to
institutions which demonstrate that they can use any
reallocated grant funds to make fellowship awards to
qualified individuals under this subpart.
``(c) Applications.--
``(1) Applications required.--Any eligible institution of
higher education offering a program of post baccalaureate
study leading to a graduate degree that meets the purpose of
this subpart may apply for a grant. Each such institution, or
consortium of eligible institutions (including those
institutions specified in subsection (b)(2)(B)) may make an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(2) Selection of applications.--In selecting applications
for the making grants to institutions of higher education,
the Secretary shall--
``(A) take into account the number and distribution of
minority and female faculty nationally, as well as the
current and projected need for highly trained individuals--
``(i) in all areas of the higher education professoriate;
and
``(ii) in academic career fields in which minorities and
women are underrepresented in the higher education
professoriate; and
``(B) consider the need to prepare a larger number of
minorities and women generally in academic career fields of
high national priority, especially in areas in which such
individuals are traditionally underrepresented in college and
university faculties.
``(d) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--
``(A) Eligible applicants.--The Secretary shall assure
that, in awarding fellowships from funds made available under
this subpart, grantee institutions make fellowship awards to
individuals who plan to pursue a career in instruction at any
institution of higher education that is eligible to
participate in title IV programs.
``(B) Academic progress.--Notwithstanding subparagraph (A),
no otherwise eligible student selected for support shall
receive a fellowship award--
``(i) during periods in which such student is enrolled,
unless such student is maintaining satisfactory academic
progress in, and devoting full-time to, study or research in
the pursuit of the degree for which the fellowship support
was awarded; or
``(ii) if the student is engaged in gainful employment,
other than part-time employment related to teaching,
research, or a similar activity determined by the institution
to be consistent with and supportive of the student's
progress toward the appropriate degree.
``(2) Service requirement.--
``(A) Teaching required.--Each Patsy T. Mink Graduate
Fellow who earns the doctoral or terminal master's degree
with assistance provided under this subpart shall teach at an
eligible institution for one year for each year of fellowship
assistance received under this subpart.
``(B) Institutional obligation.--Each institution which
receives an award from the Secretary under this subpart shall
provide an assurance that it has inquired of and determined
the fellowship recipient's decision to, within 3 years of
receiving the doctorate or terminal master's degree, begin
employment at an eligible institution of higher education as
required by this subpart.
``(C) Agreement required.--Prior to receiving the initial
fellowship award, and upon the annual renewal of the
fellowship award, a fellow shall sign an agreement with the
Secretary memorializing this commitment to enter the
professoriate.
``(D) Consequences of failure.--If a fellowship recipient
fails to honor the service requirement of this subsection,
the Secretary shall--
``(i) require the individual to repay all or the applicable
portion of the total fellowship amount awarded to the
individual by converting the balance due to a loan at the
interest rate applicable to loans made under part B of title
IV; or
``(ii) require the individual to pay an amount determined
by the Secretary to be appropriate, except as provided in
subparagraph (E).
``(E) Modified service requirement.--The Secretary may
waive or modify the service requirement of this paragraph
based on regulations, promulgated pursuant to and consistent
with criteria which determine the circumstances under which
compliance with the service obligation by the fellowship
recipient would be inequitable and represent a substantial
hardship. The Secretary may waive the service requirement
if--
``(i) compliance by the fellowship recipient would be
deemed impossible because the individual is permanently and
totally disabled at the time of the waiver request; or
``(ii) compliance by the fellowship recipient is based on
documentation presented to the Secretary of substantial
economic or personal hardship, as determined in accordance
with regulations prescribed by the Secretary.
``(3) Amount of fellowship awards.--
``(A) In general.--From the grants made pursuant to this
subpart, eligible institutions shall award stipends to
individuals who are awarded fellowships under this subpart.
Such stipends shall reflect the purpose of the program
authorized by this subpart to encourage highly qualified
minorities and women to pursue graduate study for the purpose
of entering the higher education professoriate.
``(B) Awards based on need.--Stipends shall be in an amount
equal to the level of support provided by the National
Science Foundation graduate fellowships, except that such
stipend shall be adjusted as necessary so as not to exceed
the fellow's demonstrated need as determined by the
institution of higher education where the graduate student is
enrolled.
``(4) Institutional payments.--
[[Page H708]]
``(A) In general.--The Secretary shall, in addition to the
amounts made available to institutions for stipends to
individuals under this subpart, pay to grantee institutions
of higher education, for each individual awarded a fellowship
under this subpart at such institution, an institutional
allowance. Except as provided for in subparagraph (C), such
allowance shall be, for academic year 2009-2010 and
succeeding academic years, the same as the institutional
payment made for that year under the Graduate Assistance in
Areas of National Need program in subpart 2 of part A, and
shall be adjusted annually thereafter in accordance with
inflation as determined by the Department of Labor's Consumer
Price Index for All Urban Consumers for the previous calendar
year.
``(B) Use of funds.--Institutional payments may be expended
at the discretion of the institution, except that such funds
shall be used to provide academic support and career
transition services for participating fellows.
``(C) Reduction.--The institutional allowance paid under
subparagraph (A) shall be reduced by the amount the
institution charges and collects from a fellowship recipient
for tuition and other expenses as part of the institution's
instructional program.
``(D) Use for overhead prohibited.--Funds made available
pursuant to this subpart may not be used for general
operational overhead of the academic department or
institution receiving such funds.
``(e) Authorization of Appropriations.--There are
authorized to appropriated to carry out this subpart such
sums as may be necessary for fiscal year 2009 and for each of
the 4 succeeding fiscal years.''.
SEC. 705. FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision
of educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students,
especially institutions, programs, and joint efforts that
provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;'';
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;'';
(5) by striking ``and'' at the end of paragraph (7);
(6) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(9) the assessment, in partnership with a public or
private nonprofit institution or agency, of the performance
of teacher preparation programs within institutions of higher
education in a State, using an assessment which provides
comparisons across such institutions within the State based
upon indicators including teacher candidate knowledge in
subject areas in which such candidate has been prepared to
teach;
``(10) the support of efforts to establish pilot programs
and initiatives to help college campuses reduce illegal
downloading of copyrighted content, in order to improve the
security and integrity of campus computer networks and save
bandwidth costs;
``(11) the support of increased fire safety in student
housing--
``(A) by establishing a demonstration incentive program for
qualified student housing in institutions of higher
education;
``(B) by making grants for the purpose of installing fire
alarm detection, prevention, and protection technologies in
student housing, dormitories, and other buildings controlled
by such entities; and
``(C) by requiring, as a condition of such grants--
``(i) that such technologies be installed professionally to
technical standards of the National Fire Protection
Association; and
``(ii) that the recipient shall provide non-Federal
matching funds in an amount equal to the amount of the grant;
``(12) the assessment, in partnership with a consortium of
higher education organizations, of the feasibility and
potential design of an inter-institution monitoring
organization on gender and racial equality in campus faculty
and administration;
``(13) the provision of support and assistance to
partnerships between institutions of higher education and
secondary schools with at least 10 percent of their
enrollment assessed as late-entering limited English
proficient students to establish programs that result in
increased secondary school graduation rates of limited
English proficient students and that increase the number of
eligible late-entering limited English proficient students
who pursue postsecondary education opportunities;
``(14) the provision of support and assistance for
demonstration projects to provide comprehensive support
services to ensure that homeless students, or students who
were in foster care until the age of 18, enroll and succeed
in postsecondary education, including providing housing to
such students during periods when housing at the institution
of higher education is closed or generally unavailable to
other students;
``(15) the support of efforts to work with organizations
that are exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986 and institutions of higher
education that seek to promote cultural diversity in the
entertainment media industry including through the training
of students in production, marketing, and distribution of
culturally relevant content; and
``(16) the creation of consortia that join diverse
institutions of higher education to design and offer
curricular and co-curricular interdisciplinary programs at
the undergraduate and graduate levels, sustained for not less
than a 5 year period, that--
``(A) focus on poverty and human capability; and
``(B) include--
``(i) a service-learning component; and
``(ii) the delivery of educational services through
informational resource centers, summer institutes, mid-year
seminars, and other educational activities that stress the
effects of poverty and how poverty can be alleviated through
different career paths.''.
(b) Scholarship Program for Family Members of Veterans or
Members of the Military; Center for Best Practices To Support
Single Parent Students.--Section 741 (20 U.S.C. 1138) is
further amended by adding at the end the following new
subsections:
``(c) Scholarship Program for Family Members of Veterans or
Members of the Military.--
``(1) Authorization.--The Secretary shall contract with a
nonprofit organization with demonstrated experience in
carrying out the activities described in this subsection to
carry out a program to provide postsecondary education
scholarships for eligible students.
``(2) Eligible students.--In this subsection, the term
`eligible student' means an individual who is--
``(A)(i) a dependent student who is a child of--
``(I) an individual who is--
``(aa) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(bb) performing qualifying National Guard duty during a
war or other military operation or national emergency (as
defined in section 481); or
``(II) a veteran who died while serving or performing, as
described in subclause (I), since September 11, 2001, or has
been disabled while serving or performing, as described in
subclause (I), as a result of such event; or
``(ii) an independent student who--
``(I) is a spouse of an individual who is--
``(aa) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(bb) performing qualifying National Guard duty during a
war or other military operation or national emergency (as
defined in section 481); or
``(II) was (at the time of the death of the veteran) a
spouse of a veteran who died while serving or performing, as
described in subclause (I), since September 11, 2001, or has
been disabled while serving or performing, as described in
subclause (I), as a result of such event; and
``(B) enrolled as a full-time or part-time student at an
institution of higher education (as defined in section 102).
``(3) Awarding of scholarships.--Scholarships awarded under
this subsection shall be awarded based on need with priority
given to eligible students who are eligible to receive
Federal Pell Grants under subpart 1 of part A of title IV.
``(4) Maximum scholarship amount.--The maximum scholarship
amount awarded to an eligible student under this subsection
for an academic year shall be the lesser of--
``(A) the difference between the eligible student's cost of
attendance (as defined in section 472) and any non-loan based
aid such student receives; or
``(B) $5,000.
``(5) Amounts for scholarships.--All of the amounts
appropriated to carry out this subsection for a fiscal year
shall be used for scholarships awarded under this subsection,
except that a nonprofit organization receiving a contract
under this subsection may use not more than 1 percent of such
amounts for the administrative costs of the contract.
``(d) Center for Best Practices To Support Single Parent
Students.--
``(1) Program authorized.--The Secretary is authorized to
award 1 grant or contract to an institution of higher
education to enable such institution to establish and
maintain a center to study and develop best practices for
institutions of higher education to support single parents
who are also students attending such institutions.
``(2) Institution requirements.--The Secretary shall award
the grant or contract under this subsection to a 4-year
institution of higher education that has demonstrated
expertise in the development of programs to assist single
parents who are students at institutions of higher education,
as shown by the institution's development of a variety of
targeted services to such students, including on-campus
housing, child care, counseling, advising, internship
opportunities, financial aid, and financial aid counseling
and assistance.
``(3) Center activities.--The center funded under this
section shall--
``(A) assist institutions implementing innovative programs
that support single parents pursuing higher education;
``(B) study and develop an evaluation protocol for such
programs that includes quantitative and qualitative
methodologies;
``(C) provide appropriate technical assistance regarding
the replication, evaluation, and continuous improvement of
such programs; and
[[Page H709]]
``(D) develop and disseminate best practices for such
programs.''.
(c) Prohibition.--Section 741 is further amended by adding
after subsection (d) (as added by subsection (b) of this
section) the following new subsection:
``(e) Prohibition.--No funds made available under this part
may be used to provide financial assistance to students who
do not meet the requirements of section 484(a)(5).''.
(d) Technical Amendments.--Part B of title VII (20 U.S.C.
1038 et seq.) is further amended--
(1) in section 742 (20 U.S.C. 1138a)--
(A) in subsection (b)--
(i) by striking ``(1) In general.--''; and
(ii) by striking paragraph (2);
(B) in subsection (c), by striking ``and the Director''
each place it appears; and
(C) in subsection (d), by striking ``Director'' and
inserting ``Secretary'';
(2) in section 743 (20 U.S.C. 1138b)--
(A) by striking ``(a) Technical Employees.--''; and
(B) by striking subsection (b); and
(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking
``Director'' each place it appears and inserting
``Secretary''.
(e) Areas of National Need.--Section 744(c) (20 U.S.C.
1138c(c)) is amended by adding at the end the following:
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the
purpose of supporting faculty and academic programs that
teach traditional American history (including significant
constitutional, political, intellectual, economic,
diplomatic, and foreign policy trends, issues, and documents;
the history, nature, and development of democratic
institutions of which American democracy is a part; and
significant events and individuals in the history of the
United States).''.
(f) Authorization of Appropriations.--Section 745 (20
U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal
year 1999'' and inserting ``$40,000,000 for fiscal year
2009''.
SEC. 706. URBAN-SERVING RESEARCH UNIVERSITIES.
Part C of title VII (20 U.S.C. 1139 et seq.) is amended to
read as follows:
``PART C--URBAN-SERVING RESEARCH UNIVERSITIES
``SEC. 751. PURPOSE; PROGRAM AUTHORIZED.
``(a) Purpose.--It is the purpose of this part to provide
incentives to urban-serving research universities to enable
such universities to expand research knowledge and to develop
and implement initiatives in partnership with community-based
organizations and other public or nonprofit private entities
to strengthen city economies, foster innovation and
opportunity, and solve urban challenges.
``(b) Program Authorized.--The Secretary is authorized to
award grants to urban-serving research universities to enable
such universities to carry out the activities described in
section 753 in accordance with the provisions of this part.
``SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY
GRANTS.
``(a) Application.--An urban-serving research university
seeking assistance under this part shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(b) Priority in Selection of Applications.--The Secretary
shall give priority to applications that propose to conduct
joint projects supported by Federal, State, and local
programs other than the program under this Act. In addition,
the Secretary shall give priority to urban-serving research
universities with a demonstrated record of effective
engagement in serving the communities in which such
universities are located.
``SEC. 753. ALLOWABLE ACTIVITIES.
``An urban-serving research university shall use funds
awarded under this part to further develop and apply research
findings to the development, implementation, and ongoing
evaluation of--
``(1) systemic initiatives with elementary and secondary
schools and other educational organizations designed to--
``(A) improve teacher quality and retention; or
``(B) develop strategies to improve postsecondary and
workplace readiness, particularly in fields related to
science, technology, engineering, and mathematics;
``(2) innovative economic revitalization efforts in
conjunction with community-based organizations and other
public or nonprofit private entities; or
``(3) public health outreach, education, and intervention
activities designed to reduce health disparities in urban
areas, in partnership with community-based organizations and
other public or nonprofit private entities.
``SEC. 754. DEFINITIONS.
``As used in this part:
``(1) Urban area.--The term `urban area' means a city with
a population of not less than 200,000 within a metropolitan
statistical area.
``(2) Urban-serving research university.--The term `urban-
serving research university' means a public institution of
higher education that--
``(A) meets the requirements of section 101;
``(B) is located in an urban area;
``(C) has the capacity to conduct applicable research, as
demonstrated by awarding more than 10 doctoral degrees per
academic year;
``(D) draws a substantial portion of its students from the
urban area in which such institution is located; and
``(E) has demonstrated and sustained a sense of
responsibility to such urban area and the people of such
area.
``SEC. 755. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $50,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 707. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a)
(20 U.S.C. 1140a(a)) is amended by striking ``students with
learning disabilities'' and inserting ``students with
disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A)--
(i) by inserting ``, including methods and strategies
consistent with the principles of universal design for
learning'' after ``strategies''; and
(ii) by inserting ``in order to improve retention and
completion'' after ``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (F), respectively;
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Effective transition practices.--The development of
innovative, effective, and efficient teaching methods and
strategies to ensure the smooth transition of students with
disabilities from high school to postsecondary education.'';
and
(D) by inserting after subparagraph (C) (as redesignated by
subparagraph (B) of this paragraph) the following new
subparagraphs:
``(D) Distance learning.--The development of innovative,
effective, and efficient teaching methods and strategies to
provide faculty and administrators with the ability to
provide accessible distance education programs or classes
that would enhance access of students with disabilities to
higher education, including the use of accessible electronic
communication for instruction and advisement.
``(E) Accessibility of education.--Making postsecondary
education more accessible to students with disabilities
through the use of accessible instructional materials and
curriculum development, consistent with the principles of
universal design for learning.''.
(2) Report.--Section 762 is further amended by adding at
the end the following new subsection:
``(d) Report.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall prepare and disseminate a report
reviewing the activities of the demonstration projects
authorized under this subpart and providing guidance and
recommendations on how successful projects can be
replicated.''.
(3) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (F)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this subpart;'';
(2) in paragraph (2)--
(A) by striking ``institution to develop'' and inserting
``institution, including students with disabilities, to
develop''; and
(B) by striking ``and'' at the end;
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving
students with disabilities.''.
(d) Authorization of Appropriations for Demonstration
Projects To Ensure Students With Disabilities Receive a
Quality Higher Education.--Section 765 (20 U.S.C. 1140d) is
amended by striking ``1999'' and inserting ``2009''.
(e) National Technical Assistance Center; Commission on
Accessible Materials; Programs To Support Improved Access to
Materials; Transition Programs for Students With Intellectual
Disabilities; Coordinating Center.--Part D of title VII (20
U.S.C. 1140 et seq.) is further amended--
(1) in the part heading, by striking ``DEMONSTRATION
PROJECTS'' and inserting ``PROGRAMS'';
(2) by inserting after the part heading the following:
``Subpart 1--Quality Higher Education''
; and
(3) by adding at the end the following:
``Subpart 2--National Technical Assistance Center; Commission on
Accessible Materials; Programs to Support Improved Access to Materials
``SEC. 766. NATIONAL CENTER.
``(a) Purpose.--It is the purpose of this subpart to
support the development of a national center to provide
information and technical assistance for students with
disabilities to improve the postsecondary recruitment,
retention, and completion success rates of such students.
``(b) Establishment and Support.--The Secretary shall, by
grant, contract, or cooperative agreement with an eligible
entity or partnership of two or more eligible entities,
provide for the establishment and support of a National
Center for Information and Technical Support for
Postsecondary Students with Disabilities (hereinafter in this
subpart referred to as the `Center') which shall carry out
the duties set forth in subsection (d).
``(c) Eligible Entity.--In this subpart, the term `eligible
entity' means an institution of higher education or a private
nonprofit organization with demonstrated expertise in--
``(1) supporting postsecondary students with disabilities;
[[Page H710]]
``(2) technical knowledge necessary for the accessible
dissemination of information; and
``(3) working with a diverse range of types of institutions
of higher education, including community colleges.
``(d) Duties.--The duties of the Center shall include the
following:
``(1) Assistance to students and families.--The Center
shall provide information and technical assistance to
students with disabilities, their families, and disability
support service personnel related to practices supporting
students across a broad spectrum of disabilities, including--
``(A) information to assist prospective students with
disabilities in planning their postsecondary academic career
while they are in middle and secondary school;
``(B) research-based supports, services, and accommodations
which are available in postsecondary settings, including
services provided by other agencies such as vocational
rehabilitation;
``(C) information on student mentoring and networking
opportunities; and
``(D) successful recruitment and transition programs in
existence in postsecondary institutions.
``(2) Assistance to institutions of higher education.--The
Center shall provide information and technical assistance to
faculty, staff, and administrators of institutions of higher
education to improve the services provided to, the
accommodations for, the retention rates of, and the
completion rates of, students with disabilities in higher
education settings, which may include--
``(A) collection and dissemination of promising practices
and materials for accommodation and support of students with
disabilities;
``(B) development and provision of training modules for
higher education faculty on exemplary practices for
accommodating and supporting students with disabilities
across a range of academic fields; or
``(C) development of Internet-based tutorials for faculty,
including graduate teaching assistants and new faculty, on
promising practices related to support and retention of
students with disabilities in postsecondary education.
``(3) Information collection and dissemination.--The
Center shall be responsible for building and maintaining a
database of disability support services information with
respect to institutions of higher education, which shall be
available to the general public through a website built to
the highest technical standards of accessibility currently
practicable for the broad spectrum of individuals with
disabilities. Such database and website shall include
information on--
``(A) disability documentation requirements;
``(B) support services available;
``(C) links to financial aid;
``(D) accommodations policies;
``(E) accessible instructional materials;
``(F) other topics relevant to students with disabilities
and prospective students with disabilities; and
``(G) the information in the report described in paragraph
(5).
``(4) Professional standards for disability support
personnel.--The Center shall consolidate and disseminate
information with respect to professional standards in
existence for disability support services personnel and
offices in institutions of higher education and shall convene
a panel of experts to create and disseminate professional
standards for such personnel and offices.
``(5) Review and report.--The Center shall annually prepare
and disseminate a report analyzing the current condition of
postsecondary success for students with disabilities. Such
report shall include--
``(A) a review of the activities of the programs authorized
under ths part;
``(B) enrollment and graduation rates of students with
disabilities in institutions of higher education;
``(C) guidance on how successful postsecondary supports and
services for students with disabilities could be widely
implemented at institutions of higher education;
``(D) guidance on how to reduce barriers to full
participation for students with disabilities in higher
education; and
``(E) a description of activities necessary to facilitate a
substantial improvement in the postsecondary success of such
students.
``(e) Staffing of the Center.--The Center shall employ
disability support personnel with proven expertise in
providing training and technical assistance to practitioners.
Such personnel shall provide technical assistance to
individual colleges and universities seeking to provide
appropriate supports and services to students with
disabilities to improve enrollment, retention, and completion
rates of such students.
``SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON
ACCESSIBLE INSTRUCTIONAL MATERIALS IN
POSTSECONDARY EDUCATION FOR STUDENTS WITH
DISABILITIES.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
commission to be known as the Advisory Commission on
Accessible Instructional Materials in Postsecondary Education
for Students with Disabilities, in this subpart referred to
as the `Commission'.
``(2) Membership.--
``(A) The Commission shall include one representative of
each of the following:
``(i) Department of Education Office of Postsecondary
Education.
``(ii) Department of Education Office of Special Education
and Rehabilitative Services.
``(iii) Department of Education Office for Civil Rights.
``(iv) Library of Congress National Digital Information and
Infrastructure Preservation Program Copyright Working Group.
``(v) Association on Higher Education and Disability.
``(vi) Association of American Publishers.
``(vii) Association of American University Presses.
``(viii) National Association of College Stores.
``(ix) National Council on Disability.
``(B) The Commission shall be composed of at least one but
not more than two representatives, as appointed by the
Secretary, of each of the following:
``(i) Staff from institutions of higher education with
demonstrated experience teaching or supporting students with
print disabilities, representing each of the following:
``(I) Large public institution of higher education.
``(II) Small public institution of higher education.
``(III) Large private institution of higher education.
``(IV) Small private institution of higher education.
``(V) Large community college.
``(VI) Small community college.
``(ii) Producers of materials in specialized formats,
including each of the following:
``(I) Braille.
``(II) Audio or synthesized speech.
``(III) Digital media.
``(iii) Developers of accessibility and publishing software
and supporting technologies.
``(iv) National organizations serving individuals with
visual impairments that have demonstrated experience in
technology evaluation research, academic publishing,
production of material in accessible formats, and educational
methodologies for such for individuals.
``(v) Postsecondary students with visual impairment.
``(vi) Postsecondary students with dyslexia or other
learning disabilities related to reading.
``(vii) Attorneys with expertise in copyright law.
``(C) The Commission shall include at least two, but not
more than three, representatives as appointed by the
Secretary, of national membership organizations representing
individuals with print disabilities, including each of the
following:
``(i) Individuals with visual impairments.
``(ii) Individuals with learning disabilities related to
reading.
``(D) The appointments of the members of the Commission
shall be made not later than 45 days after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
``(4) Initial meeting.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the Commission's first
meeting.
``(5) Meetings.--The Commission shall meet at the call of
the Chairperson. Meetings shall be publicly announced in
advance and open to the public.
``(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(7) Chairperson and vice chairperson.--The Commission
shall select a chairperson and vice chairperson from among
the members of the Commission.
``(b) Duties of the Commission.--
``(1) Study.--
``(A) In general.--The Commission shall conduct a thorough
study to assess the barriers, systemic issues, and technical
solutions available which may affect or improve the timely
delivery and quality of accessible instructional materials
for postsecondary students, faculty, and staff with print
disabilities, and make recommendations related to the
development of a comprehensive approach that will ensure that
postsecondary students with print disabilities can access
instructional materials in specialized formats in a timeframe
comparable to the availability of standard instructional
materials for students without disabilities.
``(B) Existing information.--To the extent practicable, in
carrying out the study under this paragraph, the Commission
shall identify and use existing research, recommendations,
and information from--
``(i) the Model Demonstration Programs to Support Improved
Access to Postsecondary Instructional Materials for Students
with Print Disabilities, as described in section 766B;
``(ii) the Advisory Council and the Technical Assistance
and Development Centers of the National Instructional
Materials Access Center;
``(iii) the Library of Congress National Digital
Information and Infrastructure Preservation Program Copyright
Working Group;
``(iv) the Association of Higher Education and Disabilities
E-Text Solutions Working Group;
``(v) the Recording for the Blind and Dyslexic's Technology
Advisory Committee;
``(vi) the Association of American Publishers Higher
Education Division's Critical Issues Task Force; and
``(vii) other existing research related to the creation and
distribution of accessible instructional materials for
students with print disabilities.
``(C) Recommendations.--The Commission shall develop
recommendations to be used to inform Federal regulation and
legislation, to identify best practices for systems of
creating, collecting, maintaining, processing, and
disseminating materials in specialized formats to eligible
students, faculty, and staff while providing adequate
copyright protections. In developing such recommendations,
the Commission shall consider--
``(i) how to ensure that students with print disabilities
may obtain instructional materials in accessible formats
within a timeframe comparable to the availability of
materials for students without disabilities;
[[Page H711]]
``(ii) the feasibility and technical parameters of
establishing national standardized electronic file formats
such as, but not limited to, the National Instructional
Materials Accessibility Standard as defined in section
674(e)(3)(B) of the Individuals with Disabilities Education
Act, to be provided by publishers of instructional materials
to producers of specialized formats, institutions of higher
education, and eligible students;
``(iii) the feasibility of the establishment of a national
clearinghouse, repository, or file-sharing network for
electronic files in specialized formats and files used in
producing instructional materials in specialized formats, and
a list of possible entities qualified to administer such a
clearinghouse, repository, or network;
``(iv) the feasibility of including such a national
clearinghouse, repository, or file-sharing network in the
duties of the Center described in section 766;
``(v) market-based solutions involving collaborations
between publishers of instructional materials, producers of
specialized formats, and institutions of higher education,
including--
``(I) barriers and opportunities to market entry;
``(II) unique concerns affecting university presses, small
publishers, and solutions incorporating such works into a
shared system; and
``(III) solutions utilizing universal design;
``(vi) solutions for low-incidence, high-cost requests for
materials in specialized formats; and
``(vii) definitions of instructional materials, authorized
entities, and eligible students.
``(2) Report.--Not later than 24 months after the first
meeting, the Commission shall submit a report to the
Secretary and to Congress that shall contain a detailed
statement of the findings and conclusions of the Commission
resulting from the study under subsection (a), together with
the Commission's recommendations for such legislation and
administrative actions as the Commission considers to be
appropriate to implement the development of a comprehensive
approach that will ensure that postsecondary students with
print disabilities can access instructional materials in
specialized formats in a timeframe comparable to the
availability of standard instructional materials for students
without disabilities.
``(3) Facilitation of exchange of information.--In carrying
out the study under subsection (a), the Commission shall, to
the extent practicable, facilitate the exchange of
information concerning the issues that are the subject of the
study among--
``(A) officials of the Federal Government;
``(B) educators from Federal, State, and local institutions
of higher education and secondary schools;
``(C) publishers of instructional materials;
``(D) producers of materials in specialized formats;
``(E) representatives from the community of individuals
with print disabilities; and
``(F) participants in the Model Demonstration Programs to
Support Improved Access to Postsecondary Instructional
Materials for Students with Print Disabilities, as described
in section 766B.
``(c) Commission Personnel Matters.--
``(1) Compensation of members.--Each member of the
Commission who is not an officer or employee of the Federal
Government shall serve without compensation. All members of
the Commission who are officers or employees of the United
States shall serve without compensation in addition to that
received for their services as officers or employees of the
United States.
``(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
``(3) Staff.--
``(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform the Commission's duties. The employment
of an executive director shall be subject to confirmation by
the Commission.
``(B) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
``(4) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
``(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
``(d) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which
the Commission submits the Commission's report under
subsection (b)(2).
``SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED
ACCESS TO POSTSECONDARY INSTRUCTIONAL MATERIALS
FOR STUDENTS WITH PRINT DISABILITIES.
``(a) Purpose.--It is the purpose of this section to
support model demonstration programs to encourage the
development of systems to improve the timely delivery and
quality of postsecondary instructional materials in
specialized formats to students with print disabilities,
including systems to improve efficiency and reduce
duplicative efforts across multiple institutions of higher
education.
``(b) In General.--The Secretary shall, on a competitive
basis, award grants to, and enter into cooperative agreements
with, a minimum of one partnership of two or more eligible
entities to support the activities described in subsections
(d) and (e).
``(c) Partnership of Eligible Entities.--In this section, a
partnership of two or more eligible entities--
``(1) shall include--
``(A) an institution of higher education with demonstrated
expertise in meeting the needs of students with print
disabilities, including retention and completion of such
students; and
``(B) a public or private entity with demonstrated
expertise in working with the creation of accessible
instructional materials in specialized formats for
postsecondary students with print disabilities, and the
technical development expertise necessary for the efficient
dissemination of such materials, including procedures to
protect against copyright infringement with respect to the
creation, use, and distribution of print course materials in
specialized formats; and
``(2) may include one or more publishers of instructional
materials.
``(d) Required Activities.--The Secretary shall support the
development and implementation of the following:
``(1) Processes and systems to help identify, and verify
eligibility of, postsecondary students with print
disabilities in need of instructional materials in
specialized formats.
``(2) Procedures and systems to facilitate and simplify
request methods for accessible instructional materials in
specialized formats from eligible students, which may include
a single point-of-entry system.
``(3) Procedures and systems to coordinate between
institutions of higher education, publishers of instructional
materials, and entities that produce materials in specialized
formats, to efficiently facilitate requests for such
materials, the responses to such requests, and the delivery
of such materials.
``(4) Delivery systems that will ensure the timely
provision of instructional materials in specialized formats
to eligible students, which may include electronic file
distribution.
``(5) Systems to encourage reduction of duplicative
conversions of the same instructional materials for multiple
eligible students at multiple institutions of higher
education when such conversions may be shared.
``(6) Procedures to protect against copyright infringement
with respect to the creation, use, and distribution of
instructional materials while maintaining accessibility for
students with print disabilities, which may include digital
technologies such as watermarking, fingerprinting, and other
emerging strategies.
``(7) Awareness, outreach, and training activities for
faculty, staff, and students related to the acquisition and
dissemination of instructional materials in specialized
formats and instructional materials utilizing universal
design.
``(8) Evaluation of the effectiveness of the programs under
this section.
``(9) Guidance on how successful procedures and systems
described in paragraphs (1) through (7) could be disseminated
and implemented on a national basis.
``(e) Authorized Activities.--The Secretary may support the
development and implementation of the following:
``(1) Approaches limited to instructional materials used in
smaller categories of postsecondary courses, such as
introductory, first-, and second-year courses.
``(2) Market-based approaches for making instructional
materials in specialized formats directly available to
eligible students at prices comparable to standard
instructional materials.
``(3) Approaches supporting a unified search across
multiple databases or lists of available materials.
``(f) Application.--A partnership of eligible entities that
wishes to apply for a grant under this section shall submit
an application for such grant at such time, in such manner
and in such format as the Secretary may prescribe. The
application shall include information on how the partnership
will implement activities under subsection (d) and, as
applicable, subsection (e).
``(g) Priority.--In awarding grants under this section, the
Secretary shall give priority consideration to any
applications that include development and implementation of
the procedures and systems described in subsection (e)(2) or
(e)(3).
``(h) Report to Congress.--The Secretary shall submit
annually to the authorizing committees a report that
includes--
``(1) the number of grants and the amount of funds
distributed under this section;
``(2) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under such
grants;
``(3) a summary of the activities implemented under
subsection (d) and, as applicable, subsection (e), including
data on the number of students served and the number of
instructional material requests executed and delivered in
specialized formats; and
``(4) an evaluation of the effectiveness of programs funded
under this section.
``(i) Model Expansion.--After 3 years, the Secretary shall
review the results of the evaluations of participating
partnerships, as well as the Commission report described in
section 766A. If the Secretary finds that models used under
[[Page H712]]
this section are effective in improving the timely delivery
and quality of materials in specialized formats and provide
adequate protections against copyright infringement, the
Secretary may expand the demonstration program to additional
grantees reflecting regional and programmatic partnerships.
``(j) Model Expansion Special Rule.--The Commission's
recommendations shall be submitted to the Secretary and a
public comment period shall be issued prior to any expansion
under subsection (i). No later than 90 days after close of
public comment period, the Secretary shall issue guidance to
new and existing grantees, taking into consideration the
final Commission recommendations and public comments.
``(k) Rule of Construction.--Nothing in this subpart shall
be construed to limit or preempt any State law requiring the
production or distribution of postsecondary instructional
materials in accessible formats to students with
disabilities.
``SEC. 766C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2009
and each of the 4 succeeding fiscal years.
``Subpart 3--Transition Programs for Students With Intellectual
Disabilities Into Higher Education; Coordinating Center
``SEC. 767. PURPOSE.
``The purpose of this subpart is to support model
demonstration programs that promote the successful transition
of students with intellectual disabilities into higher
education.
``SEC. 768. DEFINITIONS.
``In this subpart:
``(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 is--
``(A) offered by an institution of higher education; and
``(B) is described in section 484(s)(3).
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student who
meets the criteria described in paragraphs (1) through (4) of
section 484(s).
``SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY
PROGRAMS FOR STUDENTS WITH INTELLECTUAL
DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--The Secretary shall annually award
grants, on a competitive basis, to institutions of higher
education (or consortia of institutions of higher education),
to create or expand high-quality, inclusive model
comprehensive transition and postsecondary programs for
students with intellectual disabilities.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of 5 years.
``(b) Application.--An institution of higher education (or
a consortium) desiring a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(c) Preference.--In awarding grants under this section,
the Secretary shall give preference to institutions of higher
education (or consortia) that--
``(1) will carry out a model program under the grant in a
State that does not already have a comprehensive transition
and postsecondary program for students with intellectual
disabilities; or
``(2) in the application submitted under subsection (b),
agree to incorporate 1 or more of the following elements into
the model programs carried out under the grant:
``(A) The formation of a partnership with any relevant
agency serving students with intellectual disabilities, such
as a vocational rehabilitation agency.
``(B) In the case of an institution of higher education
that provides institutionally owned or operated housing for
students attending the institution, the integration of
students with intellectual disabilities into such housing.
``(C) The involvement of students attending the institution
of higher education who are studying special education,
general education, vocational rehabilitation, assistive
technology, or related fields in the model program carried
out under the grant.
``(d) Use of Funds.--An institution of higher education (or
consortium) receiving a grant under this section shall use
the grant funds to establish a model comprehensive transition
and postsecondary program for students with intellectual
disabilities that--
``(1) serves students with intellectual disabilities;
``(2) provides individual supports and services for the
academic and social inclusion of students with intellectual
disabilities in academic courses, extracurricular activities,
and other aspects of the institution of higher education's
regular postsecondary program;
``(3) with respect to the students with intellectual
disabilities participating in the model program, provides a
focus on--
``(A) academic enrichment;
``(B) socialization;
``(C) independent living, including self-advocacy skills;
and
``(D) integrated work experiences and career skills that
lead to gainful employment;
``(4) integrates person-centered planning in the
development of the course of study for each student with an
intellectual disability participating in the model program;
``(5) participates with the coordinating center established
under section 770 in the evaluation of the model program;
``(6) partners with 1 or more local educational agencies to
support the participation of students with intellectual
disabilities in the model program who are still eligible for
special education and related services under the Individuals
with Disabilities Education Act, including regarding the
utilization of funds available under part B of such Act for
such students;
``(7) plans for the sustainability of the model program
after the end of the grant period; and
``(8) creates and offers a meaningful credential for
students with intellectual disabilities upon the completion
of the model program.
``(e) Matching Requirement.--An institution of higher
education that receives a grant under this section shall
provide matching funds toward the cost of the model
comprehensive transition and postsecondary program for
students with intellectual disabilities carried out under the
grant, which may be provided in cash or in kind, in an amount
not less than 25 percent of the amount of such grant funds.
``(f) Report.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall prepare and disseminate a report to
the authorizing committees and to the public that reviews the
activities of the model comprehensive transition and
postsecondary programs for students with intellectual
disabilities authorized under this subpart and provides
guidance and recommendations on how successful programs can
be replicated.
``SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE,
EVALUATION, AND DEVELOPMENT OF ACCREDITATION
STANDARDS.
``(a) In General.--
``(1) Award.--The Secretary shall, on a competitive basis,
enter into a cooperative agreement with an eligible entity,
for the purpose of establishing a coordinating center for
technical assistance, evaluation, and development of
accreditation standards for institutions of higher education
that offer inclusive model comprehensive transition and
postsecondary programs for students with intellectual
disabilities.
``(2) Duration.--The cooperative agreement under this
section shall be for a period of 5 years.
``(b) Requirements of Cooperative Agreement.--The eligible
entity entering into a cooperative agreement under this
section shall establish and maintain a center that shall--
``(1) serve as the technical assistance entity for all
model comprehensive transition and postsecondary programs for
students with intellectual disabilities assisted under
section 769;
``(2) provide technical assistance regarding the
development, evaluation, and continuous improvement of such
programs;
``(3) develop an evaluation protocol for such programs that
includes qualitative and quantitative methodology measuring
student outcomes and program strengths in the areas of
academic enrichment, socialization, independent living, and
competitive or supported employment;
``(4) assist recipients of grants under section 769 in
efforts to award a meaningful credential to students with
intellectual disabilities upon the completion of such
programs, which credential takes into consideration unique
State factors;
``(5) develop model criteria, standards, and procedures to
be used in accrediting such programs that--
``(A) include, in the development of the model criteria,
standards, and procedures for such programs, the
participation of--
``(i) an expert in higher education;
``(ii) an expert in special education;
``(iii) a disability organization that represents students
with intellectual disabilities; and
``(iv) a national, State, or regional accrediting agency or
association recognized by the Secretary under subpart 2 of
part H of title IV; and
``(B) define the necessary components of such programs,
such as--
``(i) academic, vocational, social, and independent living
skills;
``(ii) evaluation of student progress;
``(iii) program administration and evaluation;
``(iv) student eligibility; and
``(v) issues regarding the equivalency of a student's
participation in such programs to semester, trimester,
quarter, credit, or clock hours at an institution of higher
education, as the case may be;
``(6) analyze possible funding streams for such programs
and provide recommendations regarding funding streams;
``(7) develop model memoranda of agreement between
institutions of higher education and agencies providing
funding for such programs;
``(8) develop mechanisms for regular communication between
the recipients of grants under section 769 regarding such
programs; and
``(9) host a meeting of all recipients of grants under
section 769 not less often than once each year.
``(c) Definition of Eligible Entity.--In this section, the
term `eligible entity' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of
higher education, students with intellectual disabilities,
the development of comprehensive transition and postsecondary
programs for students with intellectual disabilities,
evaluation, and technical assistance.
``SEC. 770A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may
be necessary to carry out this subpart for fiscal year 2009
and each of the 4 succeeding fiscal years.''.
(f) Conforming Amendments.--Part D of title VII (20 U.S.C.
1140 et seq.) is further amended--
(1) in section 761, by striking ``part'' and inserting
``subpart'';
(2) in section 762 (as amended by subsection (a)), by
striking ``part'' each place the term appears and inserting
``subpart'';
[[Page H713]]
(3) in section 763, in the matter preceding paragraph (1),
by striking ``part'' and inserting ``subpart'';
(4) in section 764, by striking ``part'' and inserting
``subpart''; and
(5) in section 765, by striking ``part'' and inserting
``subpart''.
SEC. 708. SUBGRANTS TO NONPROFIT ORGANIZATIONS.
Section 771(e) (20 U.S.C. 1141(e)), as added by section 802
of the College Cost Reduction and Access Act of 2007, is
amended by inserting after ``of this Act)'' the following:
``, or those who have agreements with the Secretary under
section 435(d)(5)(J)''.
SEC. 709. NURSING EDUCATION.
Title VII (20 U.S.C. 1133 et seq.) is further amended by
adding at the end the following new part:
``PART F--NURSING EDUCATION
``SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR
GRADUATE-LEVEL NURSING STUDENTS.
``(a) Authorization.--The Secretary shall award grants to
institutions of higher education that offer--
``(1) a R.N. nursing program at the baccalaureate or
associate degree level to enable such program to expand the
faculty and facilities of such program to accommodate
additional R.N. nursing program students; or
``(2) a graduate-level nursing program to accommodate
advanced practice degrees for Registered Nurses or to
accommodate students enrolled in a graduate-level nursing
program to provide teachers of nursing students.
``(b) Determination of Number of Students and
Application.--Each institution of higher education that
offers a program described in subsection (a) that desires to
receive a grant under this section shall--
``(1) determine for the 4 academic years preceding the
academic year for which the determination is made the average
number of matriculated nursing program students at such
institution for such academic years; and
``(2) submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may require, including the average number
determined under paragraph (1).
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after academic
year 2008-2009, the Secretary is authorized to provide to
each institution of higher education awarded a grant under
this section an amount that is equal to $3,000 multiplied by
the number of matriculated nursing program students at such
institution for such academic year that is more than the
average number determined with respect to such institution
under subsection (b)(1). Such amount shall be used for the
purposes described in subsection (a).
``(2) Distribution of grants among different degree
programs.--
``(A) In general.--Subject to subparagraph (B), from the
funds available to award grants under this section for each
fiscal year, the Secretary shall--
``(i) use 20 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of accommodating advanced practice degrees or
students in graduate-level nursing programs;
``(ii) use 40 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of expanding R.N. nursing programs at the
baccalaureate degree level; and
``(iii) use 40 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of expanding R.N. nursing programs at the associate
degree level.
``(B) Distribution of excess funds.--If, for a fiscal year,
funds described in clause (i), (ii), or (iii) of subparagraph
(A) remain available after the Secretary awards grants under
this section to all applicants for the particular category of
nursing programs described in such clause, the Secretary
shall use equal amounts of the remaining funds to award
grants under this section to applicants for the remaining
categories of nursing programs.
``(C) Equitable distribution.--In awarding grants under
this section, the Secretary shall, to the extent practicable,
ensure--
``(i) an equitable geographic distribution of the grants
among the States; and
``(ii) an equitable distribution of the grants among
different types of institutions of higher education.
``(d) Prohibition.--
``(1) Use of funds.--Funds provided under this section may
not be used for the construction of new facilities.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit funds provided under this section
from being used for the repair or renovation of facilities.
``SEC. 777. NURSE FACULTY PILOT PROJECT.
``(a) Purposes.--The purposes of this section are to create
a pilot program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming
faculty members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to fund
release time for qualified nurse employees, so that those
employees can earn a salary while obtaining an advanced
degree in nursing with the goal of becoming nurse faculty.
``(b) Assistance Authorized.--
``(1) Competitive grants authorized.--The Secretary may, on
a competitive basis, award grants to, and enter into
contracts and cooperative agreements with, partnerships
composed of an accredited school of nursing at an institution
of higher education and a hospital or health facility to
establish not more than 5 pilot projects to enable such
hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have such
nurses become, through an accelerated nursing education
program, faculty members of an accredited school of nursing.
``(2) Duration; evaluation and dissemination.--
``(A) Duration.--Grants under this section shall be awarded
for a period of 3 to 5 years.
``(B) Mandatory evaluation and dissemination.--Grants under
this section shall be primarily used for evaluation, and
dissemination to other institutions of higher education, of
the information obtained through the activities described in
subsection (a)(2).
``(3) Considerations in making awards.--In awarding grants
and entering into contracts and cooperative agreements under
this section, the Secretary shall consider the following:
``(A) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(B) Rural and urban areas.--Distributing such grants to
urban and rural areas.
``(C) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(D) Prior experience or exceptional programs.--The extent
to which institutions of higher education have demonstrated
prior experience in providing advanced nursing education
programs to prepare nurses interested in pursuing a faculty
role.
``(4) Uses of funds.--Funds made available by grant,
contract, or cooperative agreement under this section may be
used--
``(A) to develop a new national demonstration initiative to
align nursing education with the emerging challenges of
healthcare delivery; and
``(B) for any one or more of the following innovations in
educational programs:
``(i) To develop a clinical simulation laboratory in a
hospital, health facility, or accredited school of nursing.
``(ii) To purchase distance learning technologies.
``(iii) To fund release time for qualified nurses enrolled
in the graduate nursing program.
``(iv) To provide for faculty salaries.
``(v) To collect and analyze data on educational outcomes.
``(c) Applications.--Each partnership desiring to receive a
grant, contract, or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require. Each application shall include
assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree
in nursing and have a contractual obligation with the
hospital or health facility that is in partnership with the
institution of higher education;
``(2) the hospital or health facility of employment will be
the clinical site for the accredited school of nursing
program;
``(3) individuals enrolled in the program will maintain
their employment on a part-time basis with the hospital or
health facility that allowed them to participate in the
program, and will receive an income from the hospital or
health facility, as a part-time employee, and release times
or flexible schedules to accommodate their class schedule;
and
``(4) upon completion of the program, such individuals will
be required to teach for 2 years in an accredited school of
nursing for each year of support the individual received
under this program.
``(d) Definition.--For purposes of this section, the term
`health facility' means an Indian Health Service center, a
Native Hawaiian health center, a hospital, a federally
qualified health center, a rural health clinic, a nursing
home, a home health agency, a hospice program, a public
health clinic, a State or local department of public health,
a skilled nursing facility, or an ambulatory surgical center.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section not
more than $10,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 710. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND
SUCCESS FOR STUDENTS WITH DISABILITIES.
(a) Study.--The Comptroller General shall conduct a study
of the barriers to, and opportunities for, the full
participation of students with disabilities in institutions
of higher education. The study shall address--
(1) the extent to which, and manner in which, students with
disabilities are--
(A) prepared to participate in postsecondary education upon
enrollment;
(B) applying to different types of institutions of higher
education;
(C) accepted into different types of institutions of higher
education;
(D) enrolling in and attending different types of
institutions of higher education;
(E) utilizing financial aid programs; and
(F) completing programs of study at different types of
institutions of higher education;
(2) factors that influence the accessibility of higher
education for a broad spectrum of students with different
disabilities, including--
(A) physical access;
(B) communication and outreach in accessible formats,
including websites, admissions information, financial aid
information, and other general information;
(C) availability of accessible instructional materials in a
timely manner;
(D) financial factors; and
(E) eligibility for, and ability to access, adequate
support services;
[[Page H714]]
(3) the effectiveness and capacity of disability support
services in helping to recruit, retain, and support students
with disabilities to complete their programs of study, and
the role of disability support services relative to other
departments in institutions of higher education, including--
(A) the number of staff working in disability support
services offices;
(B) the budgets of disability support services offices; and
(C) the placement of the disability support services
offices within the administrative structure of the
institutions of higher education;
(4) the extent to which institutions of higher education
provide assistance to students with disabilities to
coordinate with, and receive services from, other support
programs that may be available to such students, including
services provided by local educational agencies, vocational
rehabilitation agencies, Social Security, Medicaid, and other
Federal, State, and local programs; and
(5) in institutions of higher education that have been
effective in recruiting and graduating students with
disabilities, the factors that may contribute to such
effectiveness, including--
(A) faculty and staff preparation related to working with
students with disabilities;
(B) program characteristics;
(C) accommodations and supports available; and
(D) any other relevant factors.
(b) Report.--The Comptroller General shall submit a report
regarding the results of the study under subsection (a) to
the authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) no later than
24 months after the date of the enactment of this Act.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
The Higher Education Act of 1965 is further amended by
adding at the end the following new title:
``TITLE VIII--ADDITIONAL PROGRAMS
``SEC. 800. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2009 and
each of the 4 succeeding fiscal years.
``PART A--LOW TUITION
``SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION.
``(a) Rewards for Low Tuition.--
``(1) Competitive grants.--From funds made available under
section 800, the Secretary shall award grants on a
competitive basis to institutions of higher education that,
for academic year 2008-2009 or any succeeding academic year,
have an annual net tuition increase (expressed as a
percentage) for the most recent academic year for which
satisfactory data is available that is equal to or less than
the percentage change in the higher education price index for
such academic year.
``(2) Use of funds.--Funds awarded to an institution of
higher education under paragraph (1) shall be distributed by
the institution in the form of need-based grant aid to
students who are eligible for Federal Pell Grants, except
that no student shall receive an amount under this section
that would cause the amount of total financial aid received
by such student to exceed the cost of attendance of the
institution.
``(b) Rewards for Guaranteed Tuition.--
``(1) Bonus.--For each institution of higher education that
the Secretary determines complies with the requirements of
paragraph (2) or (3) of this subsection, the Secretary shall
provide to such institution a bonus amount. Such institution
shall award the bonus amount in the form of need-based aid
first to students who are eligible for Federal Pell Grants
who were in attendance at the institution during the award
year that such institution satisfied the eligibility criteria
for maintaining low tuition and fees, then to students who
are eligible for Federal Pell Grants who were not in
attendance at the institution during such award year.
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if such institution guarantees that for any
academic year (or the equivalent) beginning on or after July
1, 2008, and for each of the 4 succeeding continuous academic
years, the net tuition charged to an undergraduate student
will not exceed--
``(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(B) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subparagraph (A).
``(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of
instruction for which it awards a bachelor's degree complies
with the requirements of this paragraph if such institution
guarantees that for any academic year (or the equivalent)
beginning on or after July 1, 2008, and for each of the 1.5
succeeding continuous academic years, the net tuition charged
to an undergraduate student will not exceed--
``(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(B) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subparagraph (A).
``(c) Maintaining Affordable Tuition.--
``(1) Institution reports.--If an institution of higher
education has an increase in annual net tuition (expressed as
a percentage), for the most recent academic year for which
satisfactory data is available, that is greater than the
percentage increase in the higher education price index for
such academic year, the institution or a representative
association is required to submit to the Secretary the
following information, within 6 months of such determination:
``(A) A report on the factors contributing to the increase
in the institution's costs and the increase in net tuition
and fees charged to students, including identification of the
major areas in the institution's budget with the greatest
cost increases.
``(B) The institution's 3 most recent Form 990s submitted
to the Internal Revenue Service, as required under section
6033 of the Internal Revenue Code of 1986.
``(C) A description of the major areas of expenditures in
the institution's budget with the greatest increase for such
academic year.
``(D) A description of actions being taken by the
institution to reduce net tuition.
``(2) Report to congress.--The Secretary shall compile the
information submitted under this subsection and shall provide
to the authorizing committees an annual report relating to
such information.
``(d) Definitions.--In this section:
``(1) Net tuition.--The term `net tuition' means the
average tuition and fees charged to a full-time undergraduate
student by an institution of higher education for an academic
year, minus the average grant amount received by such a
student for such academic year.
``(2) Higher education price index.--The term `higher
education price index' means the higher education price index
developed pursuant to section 133(b).
``PART B--COOPERATIVE EDUCATION
``SEC. 811. STATEMENT OF PURPOSE; DEFINITION.
``(a) Purpose.--It is the purpose of this part to award
grants to institutions of higher education or combinations of
such institutions to encourage such institutions to develop
and make available to as many of their students as possible
work experience that will aid such students in future careers
and will enable such students to support themselves
financially while in school.
``(b) Definition.--In this part the term `cooperative
education' means the provision of alternating or parallel
periods of academic study and public or private employment to
give students work experiences related to their academic or
occupational objectives and an opportunity to earn the funds
necessary for continuing and completing their education.
``SEC. 812. RESERVATIONS.
``(a) Reservations.--Of the amount appropriated to carry
out this part under section 800 in each fiscal year--
``(1) not less than 50 percent shall be available for
awarding grants to institutions of higher education and
combinations of such institutions described in section
813(a)(1)(A) for cooperative education under section 813;
``(2) not less than 25 percent shall be available for
awarding grants to institutions of higher education described
in section 813(a)(1)(B) for cooperative education under
section 813;
``(3) not to exceed 11 percent shall be available for
demonstration projects under paragraph (1) of section 814(a);
``(4) not to exceed 11 percent shall be available for
training and resource centers under paragraph (2) of section
814(a); and
``(5) not to exceed 3 percent shall be available for
research under paragraph (3) of section 814(a).
``(b) Availability of Appropriations.--Appropriations under
this part shall not be available for the payment of
compensation of students for employment by employers under
arrangements pursuant to this part.
``SEC. 813. GRANTS FOR COOPERATIVE EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized, from the
amount available to carry out this part under section 800 in
each fiscal year and in accordance with the provisions of
this part--
``(A) to award grants to institutions of higher education
or combinations of such institutions that have not received a
grant under this paragraph in the 10-year period preceding
the date for which a grant under this section is requested to
pay the Federal share of the cost of planning, establishing,
expanding, or carrying out programs of cooperative education
by such institutions or combinations of institutions; and
``(B) to award grants to institutions of higher education
that are operating an existing cooperative education program
as determined by the Secretary to pay the cost of planning,
establishing, expanding, or carrying out programs of
cooperative education by such institutions.
``(2) Program requirement.--Cooperative education programs
assisted under this section shall provide alternating or
parallel periods of academic study and of public or private
employment, giving students work experience related to their
academic or occupational objectives and the opportunity to
earn the funds necessary for continuing and completing their
education.
``(3) Amount of grants.--
``(A) The amount of each grant awarded pursuant to
paragraph (1)(A) to any institution of higher education or
combination of such institutions in any fiscal year shall not
exceed $500,000.
``(B)(i) Except as provided in clauses (ii) and (iii), the
Secretary shall award grants in each fiscal year to each
institution of higher education described in paragraph (1)(B)
that has an application approved under subsection (b) in
[[Page H715]]
an amount which bears the same ratio to the amount reserved
pursuant to section 812(a)(2) for such fiscal year as the
number of unduplicated students placed in cooperative
education jobs during the preceding fiscal year by such
institution of higher education (other than cooperative
education jobs under section 814 and as determined by the
Secretary) bears to the total number of all such students
placed in such jobs during the preceding fiscal year by all
such institutions.
``(ii) No institution of higher education shall receive a
grant pursuant to paragraph (1)(B) in any fiscal year in an
amount which exceeds 25 percent of such institution's
cooperative education program's personnel and operating
budget for the preceding fiscal year.
``(iii) The minimum annual grant amount which an
institution of higher education is eligible to receive under
paragraph (1)(B) is $1,000 and the maximum annual grant
amount is $75,000.
``(4) Limitation.--The Secretary shall not award grants
pursuant to paragraphs (1)(A) and (B) to the same institution
of higher education or combination of such institution in any
one fiscal year.
``(5) Uses.--Grants under paragraph (1)(B) shall be used
exclusively--
``(A) to expand the quality of and participation in a
cooperative education program;
``(B) for outreach in new curricular areas; and
``(C) for outreach to potential participants including
underrepresented and nontraditional populations.
``(b) Applications.--Each institution of higher education
or combination of such institutions desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
shall prescribe. Each such application shall--
``(1) set forth the program or activities for which a grant
is authorized under this section;
``(2) specify each portion of such program or activities
which will be performed by a nonprofit organization or
institution other than the applicant, and the compensation to
be paid for such performance;
``(3) provide that the applicant will expend during the
fiscal year for which the grant is awarded for the purpose of
such program or activities not less than the amount expended
for such purpose during the previous fiscal year;
``(4) describe the plans which the applicant will carry out
to assure, and contain a formal statement of the
institution's commitment which assures, that the applicant
will continue the cooperative education program beyond the 5-
year period of Federal assistance described in subsection
(c)(1) at a level which is not less than the total amount
expended for such program during the first year such program
was assisted under this section;
``(5) provide that, in the case of an institution of higher
education that provides a 2-year program which is acceptable
for full credit toward a bachelor's degree, the cooperative
education program will be available to students who are
certificate or associate degree candidates and who carry at
least one-half of the normal full-time academic workload;
``(6) provide that the applicant will--
``(A) make such reports as may be necessary to ensure that
the applicant is complying with the provisions of this
section, including reports for the second and each succeeding
fiscal year for which the applicant receives a grant with
respect to the impact of the cooperative education program in
the previous fiscal year, including--
``(i) the number of unduplicated student applicants in the
cooperative education program;
``(ii) the number of unduplicated students placed in
cooperative education jobs;
``(iii) the number of employers who have hired cooperative
education students;
``(iv) the income for students derived from working in
cooperative education jobs; and
``(v) the increase or decrease in the number of
unduplicated students placed in cooperative education jobs in
each fiscal year compared to the previous fiscal year; and
``(B) keep such records as may be necessary to ensure that
the applicant is complying with the provisions of this part,
including the notation of cooperative education employment on
the student's transcript;
``(7) describe the extent to which programs in the academic
disciplines for which the application is made have had a
favorable reception by public and private sector employers;
``(8) describe the extent to which the institution is
committed to extending cooperative education on an
institution-wide basis for all students who can benefit;
``(9) describe the plans that the applicant will carry out
to evaluate the applicant's cooperative education program at
the end of the grant period;
``(10) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement
of, and accounting for, Federal funds paid to the applicant
under this part;
``(11) demonstrate a commitment to serving all underserved
populations at the institution; and
``(12) include such other information as may be necessary
to carry out the provisions of this part.
``(c) Duration of Grants; Federal Share.--
``(1) Duration of grants.--No individual institution of
higher education may receive, individually or as a
participant in a combination of such institutions--
``(A) a grant pursuant to subsection (a)(1)(A) for more
than 5 fiscal years; or
``(B) a grant pursuant to subsection (a)(1)(B) for more
than 5 fiscal years.
``(2) Federal share.--The Federal share of a grant under
subsection (a)(1)(A) may not exceed--
``(A) 85 percent of the cost of carrying out the program or
activities described in the application in the first year the
applicant receives a grant under this section;
``(B) 70 percent of such cost in the second such year;
``(C) 55 percent of such cost in the third such year;
``(D) 40 percent of such cost in the fourth such year; and
``(E) 25 percent of such cost in the fifth such year.
``(3) Special rule.--Any provision of law to the contrary
notwithstanding, the Secretary shall not waive the provisions
of this subsection.
``(d) Maintenance of Effort.--If the Secretary determines
that a recipient of funds under this section has failed to
maintain the fiscal effort described in subsection (b)(3),
then the Secretary may elect not to make grant payments under
this section to such recipient.
``(e) Factors for Special Consideration of Applications.--
``(1) In general.--In approving applications under this
section, the Secretary shall give special consideration to
applications from institutions of higher education or
combinations of such institutions for programs which show the
greatest promise of success because of--
``(A) the extent to which programs in the academic
discipline with respect to which the application is made have
had a favorable reception by public and private sector
employers;
``(B) the strength of the commitment of the institution of
higher education or combination of such institutions to
cooperative education as demonstrated by the plans and
formalized institutional commitment statement which such
institution or combination has made to continue the program
after the termination of Federal financial assistance;
``(C) the extent to which the institution or combination of
institutions is committed to extending cooperative education
for all students who can benefit; and
``(D) such other factors as are consistent with the
purposes of this section.
``(2) Additional special consideration.--The Secretary
shall also give special consideration to applications from
institutions of higher education or combinations of such
institutions which demonstrate a commitment to serving all
underserved populations attending such institutions.
``SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING
AND RESOURCE CENTERS; AND RESEARCH.
``(a) Authorization.--The Secretary is authorized, in
accordance with the provisions of this section, to make
grants and enter into contracts--
``(1) from the amounts available in each fiscal year under
section 812(a)(3), for the conduct of demonstration projects
designed to demonstrate or determine the feasibility or value
of innovative methods of cooperative education;
``(2) from the amounts available in each fiscal year under
section 812(a)(4), for the conduct of training and resource
centers designed to--
``(A) train personnel in the field of cooperative
education;
``(B) improve materials used in cooperative education
programs if such improvement is conducted in conjunction with
other activities described in this paragraph;
``(C) furnish technical assistance to institutions of
higher education to increase the potential of the institution
to continue to conduct a cooperative education program
without Federal assistance;
``(D) encourage model cooperative education programs which
furnish education and training in occupations in which there
is a national need;
``(E) support partnerships under which an institution
carrying out a comprehensive cooperative education program
joins with one or more institutions of higher education in
order to (i) assist the institution that is not the
institution carrying out the cooperative education program to
develop and expand an existing program of cooperative
education, or (ii) establish and improve or expand
comprehensive cooperative education programs; and
``(F) encourage model cooperative education programs in the
fields of science and mathematics for women and minorities
who are underrepresented in such fields; and
``(3) from the amounts available in each fiscal year under
section 812(a)(5), for the conduct of research relating to
cooperative education.
``(b) Administrative Provision.--
``(1) In general.--To carry out this section, the Secretary
may--
``(A) make grants to or contracts with institutions of
higher education, or combinations of such institutions; and
``(B) make grants to or contracts with other public or
private nonprofit agencies or organizations, whenever such
grants or contracts will make an especially significant
contribution to attaining the objectives of this section.
``(2) Limitation.--
``(A) The Secretary may not use more than 3 percent of the
amount appropriated to carry out this section in each fiscal
year to enter into contracts described in paragraph (1)(A).
``(B) The Secretary may use not more than 3 percent of the
amount appropriated to carry out this section in each fiscal
year to enter into contracts described in paragraph (1)(B).
``(c) Supplement Not Supplant.--A recipient of a grant or
contract under this section may use the funds provided only
so as to supplement and, to the extent possible, increase the
level of funds that would, in the absence of such funds, be
made available from non-Federal sources to carry out the
activities supported by such grant or contract, and in no
case to supplant such funds from non-Federal sources.
[[Page H716]]
``PART C--COLLEGE PARTNERSHIP GRANTS
``SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated to
carry out this part under section 800, the Secretary shall
award grants to eligible partnerships for the purposes of
developing and implementing articulation agreements.
``(b) Eligible Partnerships.--For purposes of this part, an
eligible partnership shall include at least two institutions
of higher education, or a system of institutions of higher
education, and may include either or both of the following:
``(1) A consortia of institutions of higher education.
``(2) A State higher education agency.
``(c) Priority.--The Secretary shall give priority to
eligible partnerships that--
``(1) are located in a State that is in compliance with
section 486A; or
``(2) include--
``(A) 1 or more junior or community colleges (as defined by
section 312(f) of this Act) that award associate's degrees;
and
``(B) 1 or more institutions of higher education that offer
a baccalaureate or post baccalaureate degree not awarded by
the institutions described in subparagraph (A) with which it
is partnered.
``(d) Mandatory Use of Funds.--Grants awarded under this
part shall be used for--
``(1) the development of policies and programs to expand
opportunities for students to earn bachelor's degrees, by
facilitating the transfer of academic credits between
institutions and expanding articulation and guaranteed
transfer agreements between institutions of higher education,
including through common course numbering and general
education core curriculum;
``(2) academic program enhancements; and
``(3) programs to identify and remove barriers that inhibit
student transfers, including technological and informational
programs.
``(e) Optional Use of Funds.--Grants awarded under this
part may be used for--
``(1) support services to students participating in the
program, such as tutoring, mentoring, and academic and
personal counseling; and
``(2) any service that facilitates the transition of
students between the partner institutions.
``(f) Prohibition.--No funds provided under this section
shall be used to financially compensate an institution for
the purposes of entering into an articulation agreement or
for accepting students transferring into such institution.
``(g) Applications.--Any eligible partnership that desires
to obtain a grant under this section shall submit to the
Secretary an application at such time, in such manner, and
containing such information or assurances as the Secretary
may require.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this section.
``(i) Definition.--For purposes of this section, the term
`articulation agreement' means an agreement between
institutions of higher education that specifies the
acceptability of courses in transfer toward meeting specific
degree requirements.
``PART D--STUDENT SUCCESS GRANTS
``SEC. 826. STUDENT SUCCESS GRANTS.
``(a) Authorization of Pilot Program.--From the amount
appropriated to carry out this part under section 800, the
Secretary is authorized to award grants on a competitive
basis to eligible institutions for the purposes of helping
low-income students succeed in persisting in and completing
postsecondary education and training programs.
``(b) Definitions.--
``(1) Eligible institution.--In this section, the term
`eligible institution' means an institution of higher
education in which, during the three-year period preceding
the year in which the institution is applying for a grant
under this section, an average of not less than 50 percent of
the institution's entering first-year students are enrolled
in developmental courses to bring reading, writing, or
mathematics skills up to college-level.
``(2) Eligible student.--In this section, the term
`eligible student' means a student who--
``(A) is eligible to receive assistance under section 401;
``(B) is a first-year student at the time of entering the
pilot program; and
``(C) is selected by an eligible institution to participate
in the pilot program.
``(c) Application.--An eligible institution seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Student Success Grant Amount.--For an award year,
each institution selected to participate in this pilot
program shall receive an amount equal to $1,500 multiplied by
the number of students the institution selects to participate
in the pilot program in such year. An institution shall not
select more than 200 students to participate in the pilot
program under this section during such year.
``(e) Priority for Replication of Evidence-Based Policies
and Practices.--The Secretary shall give priority to
applications submitted by eligible institutions that propose
to replicate policies and practices that have proven
effective in increasing persistence and completion by low-
income students or students in need of developmental
education.
``(f) Peer Review.--The Secretary shall convene a peer
review process to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees. Members of the peer
review committee shall include researchers and practitioners
who are recognized experts on services and policies to
increase low income student success in postsecondary
education and training. No member of the committee shall be
in a position to benefit financially from the grants to
eligible institutions under subsection (d).
``(g) Mandatory Uses.--An eligible institution that
receives a grant under this section shall use the grant funds
to assign a Student Success Coach to every first-year student
participating in the pilot program to provide intensive
career and academic advising, ongoing personal help in
navigating college services such as financial aid and
registration, and assistance in connecting to community
resources that can help students overcome family and personal
challenges to success. Student Success Coaches--
``(1) shall work with not more than 50 new students during
any academic period;
``(2) may be employees of academic departments, student
services offices, community-based organizations, or other
entities as deemed appropriate by the institution; and
``(3) shall meet with each eligible student selected for
the pilot program before registration for courses.
``(h) Permissible Uses.--An eligible institution that
receives a grant under this section may use the grant funds
to provide services and program innovations for students
participating in the pilot, including the following:
``(1) College and career success courses, with tuition and
fees for the course covered by the Student Success Grant.
These courses may cover college success topics, including how
to take notes, how to study, how to take tests, and how to
budget time, and may also include a substantial career
exploration component. Institutions may use such courses to
help students develop a College and Career Success Plan so
that by the end of the first semester the students have a
clear sense of their career goals and what classes to take to
achieve such goals.
``(2) Work-study jobs with private employers in the
students' fields of study.
``(3) Learning communities that ensure that students
participating in the pilot are clustered together for at
least two courses beginning in the first semester after
enrolling and have other opportunities to create and maintain
bonds that allow them to provide academic and social support
to each other.
``(4) Curricular redesign, which may include such
innovations as `blended' or accelerated remediation classes
that help Student Success Grant recipients to attain college-
level reading, writing, math skills (or a combination
thereof) more rapidly than traditional remediation formats
allow, and intensive skills refresher classes, offered prior
to each semester, to help students who have tested into
remedial coursework to reach entry level assessment scores
for the postsecondary programs they wish to enter.
``(5) Instructional support, such as learning labs,
supplemental instruction, and tutoring.
``(6) Assistance with support services, such as child care
and transportation.
``(i) Grant Period; Additional Technical Assistance.--
``(1) Grant period.--Grants made under this section shall
be for a period of not less than 60 months.
``(2) Additional technical assistance.--After 36 months,
the Secretary shall review the performance of the Student
Success Grant pilot program students at each institution, and
if no significant improvements have been made by Student
Success Grant pilot program students in persistence and
completion at an institution, then the Secretary shall
provide additional technical assistance to help the
institution improve outcomes.
``(j) Required Non-Federal Share.--
``(1) In general.--Each institution participating in the
pilot program under this section shall provide a non-Federal
match of 25 percent of the amount of grant to carry out the
activities of the pilot program. The non-Federal share under
this section may be provided in cash or in kind.
``(2) Effect on need analysis.--For the purpose of
calculating a student's need in accordance with part F of
this title, services or benefits under this section shall not
be considered to be an asset or income of the student or the
students parents.
``(k) Technical Assistance.--The Secretary shall enter into
contracts with private entities to provide such technical
assistance to grantees under this section as the Secretary
determines appropriate.
``(l) Evaluation.--
``(1) Outcome evaluations.--The Secretary shall conduct an
evaluation of program outcomes under the pilot program, and
shall disseminate to the public the findings from the
evaluation and information on best practices. The Secretary
is encouraged to partner with other providers of funds, such
as private foundations, to allow for use of an experimental
or quasi-experimental evaluation in at least one of the pilot
program sites.
``(2) Institutional participation.--As a condition of
receiving grants under this section, participating
institutions shall work with the evaluator to track
persistence and completion outcomes for students in the pilot
program, specifically the proportion of these students who
take and complete developmental education courses, the
proportion who take and complete college-level coursework,
and the proportion who complete certificates and degrees.
This data shall be broken down by race, ethnicity, and age
and the evaluator shall assist institutions in analyzing this
data to compare Student Success Grant pilot program
participants to comparable nonparticipants, using statistical
techniques to control for differences in the groups.
``(3) Annual reports.--Participating institutions under
this section shall report on the data specified in paragraph
(2) annually and the Secretary shall make this data publicly
available.
[[Page H717]]
``PART E--JOBS TO CAREERS
``SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
``(a) Authorization of Program.--From amounts appropriated
to carry out this part under section 800, the Secretary shall
award grants, on a competitive basis, to institutions of
higher education for the purposes of improving developmental
education, including English language instruction, by
customizing developmental education to student career goals,
and helping students move rapidly from developmental
coursework into for-credit occupational program courses and
through program completion. The grants under this section
shall focus in particular on creating bridges to for-credit
occupational certificate programs that are articulated to
degree programs.
``(b) Application.--An eligible institution seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(c) Priorities.--The Secretary shall give priority to
applications that--
``(1) are from institutions of higher education in which
not less than 50 percent of the institution's entering first-
year students who are subject to mandatory assessment, are
assessed as needing developmental courses to bring reading,
writing, or mathematics skills up to college-level; and
``(2) propose to replicate practices that have proven
effective with adults or propose to collaborate with adult
education providers.
``(d) Peer Review.--The Secretary shall convene a peer
review process to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees.
``(e) Mandatory Activity.--An eligible institution that
receives a grant under this section shall use the grant funds
to create workforce bridge programs that customize
developmental education curricula, including English language
instruction, to the content of the for-credit occupational
certificate or degree programs, or clusters of such programs,
in which developmental education students seek to enroll.
Such bridge programs may include those that integrate the
curricula and the instruction of both developmental and
college-level coursework or that dually enroll students in
remediation and college-level coursework.
``(f) Permissible Activities.--An eligible institution that
receives a grant under this section, in addition to creating
workforce bridge programs, may use the grant funds to carry
out the following:
``(1) Design and implement innovative ways to improve
retention in and completion of developmental education
courses, including enrolling students in cohorts,
accelerating course content, integrating remediation and
college-level curricula and instruction, dually enrolling
students in developmental and college-level courses,
tutoring, providing counseling and other supportive services,
and giving small, material incentives for attendance and
performance.
``(2) In consultation with faculty in the appropriate
departments, redesignating class schedules to meet the needs
of working adults, such as by creating evening, weekend,
modular, compressed, distance-learning formats, or other
alternative schedules.
``(3) Improving the quality of teaching in remedial courses
through professional development, reclassification of such
teaching positions, or other means the eligible institution
determines appropriate.
``(4) Any other activities the eligible institution and the
Secretary determine will promote retention of, and completion
by, students attending institutions of higher education.
``(5) Fully advise students on the range of options and
programs available, which may include: diploma;
certification; 2-year degree; associate's degree; transfer
degree to upper division; and career options.
``(g) Grant Period.--Grants made under this section shall
be for a period of not less than 36 months and not more than
60 months.
``(h) Technical Assistance.--The Secretary shall provide
technical assistance to grantees under this section
throughout the grant period.
``(i) Evaluation.--The Secretary shall conduct an
evaluation of program impacts under the demonstration
program, and shall disseminate to the public the findings
from the evaluation and information on best practices. The
Secretary is encouraged to partner with other providers of
funds, such as private foundations, to allow for use of a
random assignment evaluation in at least one of the
demonstration sites.
``(j) Definition of Institution.--In this section, the term
`institution of higher education' means an institution of
higher education as defined in section 101(a).
``PART F--PROJECT GRAD
``SEC. 836. PROJECT GRAD.
``(a) Purposes.--The purposes of this part are--
``(1) to provide support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation and college attendance
and completion rates for disadvantaged students; and
``(2) to promote the establishment of new programs to
implement such integrated education reform services.
``(b) Grant Authorized.--From the amount appropriated to
carry out this part under section 800, the Secretary is
authorized to award a grant to Project GRAD USA (referred to
in this part as the `grantee'), a nonprofit educational
organization that has as its primary purpose the improvement
of secondary school graduation and college attendance and
completion rates for disadvantaged students, to implement and
sustain the integrated education reform services described in
subsection (d)(3) at existing Project GRAD program sites and
to promote the expansion of such programs to new sites.
``(c) Requirements of Grant Agreement.--The Secretary shall
enter into an agreement with the grantee that requires that
the grantee shall--
``(1) enter into subcontracts with nonprofit educational
organizations that serve a substantial number or percentage
of low-income students (referred to in this part as
`subcontractors'), under which the subcontractors agree to
implement the programs described in subsection (d) and
provide matching funds for such programs;
``(2) directly carry out--
``(A) activities to implement and sustain the literacy,
mathematics, classroom management, social service, and
college access programs further described in subsection
(d)(3);
``(B) activities to build the organizational and management
capacity of the subcontractors to effectively implement and
sustain the programs;
``(C) activities for the purpose of improving and expanding
the programs, including but not limited to activities to
further articulate a program for one or more grade levels and
across grade levels, to tailor a program for a particular
target audience, and provide tighter integration across
programs;
``(D) activities for the purpose of implementing new
Project GRAD program sites;
``(E) activities for the purpose of promoting greater
public awareness of integrated education reform services to
improve secondary school graduation and college attendance
rates for disadvantaged students; and
``(F) other activities directly related to improving
secondary school graduation and college attendance and
completion rates for disadvantaged students; and
``(3) use grant funds available under this part to pay--
``(A) the amount determined under subsection (f)(1); and
``(B) costs associated with carrying out the activities and
providing the services, as provided in paragraph (2) of this
subsection.
``(d) Supported Programs.--
``(1) Designation.--The subcontractor programs referred to
in subsection (c)(1) shall be known as Project GRAD programs.
``(2) Feeder patterns.--Each subcontractor shall implement
a Project GRAD program and shall, with the agreement of the
grantee--
``(A) identify or establish not less than one `feeder
pattern' of public schools, where `feeder pattern' is defined
as a high school and the elementary schools and middle
schools that channel students into that high school; and
``(B) provide the integrated educational reform services
described in paragraph (3) at the identified feeder pattern
or feeder patterns.
``(3) Integrated education reform services.--The services
provided through a Project GRAD program may include--
``(A) research-based programs in reading, mathematics, and
classroom management;
``(B) campus-based social services programs, including a
systematic approach to increase family and community
involvement in the schools served by the Project GRAD
program;
``(C) a college access program that includes--
``(i) providing college scholarships for students who meet
established criteria;
``(ii) proven approaches for increasing student and family
college awareness; and
``(iii) assistance for such students in applying for higher
education financial aid; and
``(D) such other services identified by the grantee as
necessary to increase secondary school graduation and college
attendance and completion rates.
``(e) Use of Funds.--Of the funds made available to carry
out this part under section 800, not more than 8 percent of
such funds, or $4,000,000, whichever is less, shall be used
by the grantee to pay for administration of the grant, with
the remainder of funds to be used for the purposes described
in subsections (c)(1) and (2).
``(f) Grantee Contribution and Matching Requirement.--
``(1) In general.--The grantee shall provide to each
subcontractor an average of $200 for each pupil served by the
subcontractor in the Project GRAD program, adjusted to take
into consideration--
``(A) the resources available in the area where the
subcontractor will implement the Project GRAD program; and
``(B) the need for Project GRAD programs in such area to
improve student outcomes.
``(2) Matching requirement.--Each subcontractor shall
provide funds for the Project GRAD program in an amount that
is equal to the amount received by the subcontractor from the
grantee. Such matching funds may be provided in cash or in
kind, fairly evaluated.
``(3) Waiver authority.--The grantee may waive, in whole or
in part, the requirement of paragraph (2) for a
subcontractor, if the subcontractor--
``(A) demonstrates that it would not otherwise be able to
participate in the program; and
``(B) enters into an agreement with the grantee with
respect to the amount to which the waiver will apply.
``(4) Decrease in grantee share.--Based on the funds or
resources available to a subcontractor, the grantee may elect
to provide the subcontractor with an amount that is less than
the amount determined under paragraph (1).
``(g) Evaluation.--
``(1) Evaluation by the secretary.--The Secretary shall
select an independent entity to evaluate, every 3 years, the
performance of students who participate in a Project GRAD
program under this part. The evaluation shall--
``(A) be conducted using a rigorous research design for
determining the effectiveness of the Project GRAD programs
funded under this part; and
``(B) compare reading and mathematics achievement and,
where applicable, the secondary school graduation, college
attendance,
[[Page H718]]
and college completion rates of students who participate in a
Project GRAD program funded under this part with those
indicators for students of similar backgrounds who do not
participate in such program.
``(2) Evaluation by grantee and subcontractors.--
``(A) In general.--The grantee shall require each
subcontractor to prepare an in-depth report of the results
and the use of funds of each Project GRAD program funded
under this part that includes--
``(i) data on the reading and mathematics achievement of
students involved in the Project GRAD program;
``(ii) statistics on secondary school graduation, college
attendance, and college completion rates; and
``(iii) such financial reporting as required by the
Secretary to review the effectiveness and efficiency of the
program.
``(B) Form of report.--The report shall be in a form and
include such content as shall be determined by the grantee,
in consultation with the Secretary or the entity selected by
the Secretary to evaluate the Project GRAD programs in
accordance with paragraph (1).
``(3) Availability of evaluations.--Copies of any
evaluation or report prepared under this subsection shall be
made available to--
``(A) the Secretary; and
``(B) the chairperson and ranking member of the authorizing
committees.
``(h) Definitions.--In this part the term `low-income
student' means a student who is determined by a local
educational agency to be from a low-income family using the
measures described in section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).
``PART G--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY
SCHOOLS.
``(a) In General.--From the amount appropriated to carry
out this part under section 800, the Secretary shall contract
with one nonprofit organization described in subsection (b)
to enable the nonprofit organization--
``(1) to make publicly available the year-to-year higher
education enrollment rate trends of secondary school
students, disaggregated by secondary school, in compliance
with the Family Education Rights and Privacy Act of 1974;
``(2) to identify not less than 50 urban local educational
agencies and 5 States with significant rural populations,
each serving a significant population of low-income students,
and to carry out a comprehensive needs assessment in the
agencies and States of the factors known to contribute to
improved higher education enrollment rates, which factors
shall include--
``(A) an evaluation of the local educational agency's and
State's leadership strategies;
``(B) the secondary school curriculum and class offerings
of the local educational agency and State;
``(C) the professional development used by the local
educational agency and the State to assist teachers, higher
education counselors, and administrators in supporting the
transition of secondary students into higher education;
``(D) secondary school student attendance and other factors
demonstrated to be associated with enrollment into higher
education;
``(E) the data systems used by the local educational agency
and the State to measure college enrollment rates and the
incentives in place to motivate the efforts of faculty and
students to improve student and school-wide outcomes; and
``(F) strategies to mobilize student leaders to build a
college-bound culture; and
``(3) to provide comprehensive services to improve the
school-wide higher education enrollment rates of each of not
less than 10 local educational agencies and States, with the
federally funded portion of each project declining by not
less than 20 percent each year beginning in the second year
of the comprehensive services, that--
``(A) participated in the needs assessment described in
paragraph (2); and
``(B) demonstrated a willingness and commitment to
improving the higher education enrollment rates of the local
educational agency or State, respectively.
``(b) Grant Recipient Criteria.--The recipient of the grant
awarded under subsection (a) shall be a nonprofit
organization with demonstrated expertise--
``(1) in increasing school-wide higher education enrollment
rates in low-income communities nationwide by providing
curriculum, training, and technical assistance to secondary
school staff and student peer influencers; and
``(2) in a college transition data management system.
``PART H--DIPLOMA MILL PREVENTION
``SEC. 851. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to protect
institutions of higher education, businesses and other
employers, professional licensing boards, patients and
clients of degree holders, taxpayers, and other individuals
from any person claiming to possess a legitimate academic
degree that in fact was issued by a fraudulent or nonexistent
school, by a non-educational entity posing as a school, or by
any entity in violation of Federal or State law.
``(b) Definitions.--In this part:
``(1) Degree-granting institution.--The term `degree-
granting institution' means any entity that offers or confers
an academic, professional, or occupational degree, diploma,
or certificate, if such degree, diploma, or certificate may
be used to represent to the general public that the
individual possessing such degree, diploma, or certificate
has completed a program of education or training beyond
secondary education.
``(2) Diploma mill.--The term `diploma mill' means any
entity that--
``(A) lacks valid accreditation by an agency recognized by
a Federal agency or a State government or other organization
or association that recognizes accrediting agencies as a
valid accrediting agency of institutions of higher education;
and
``(B) offers degrees, diplomas, or certifications, for a
fee, that may be used to represent to the general public that
the individual possessing such a degree, diploma, or
certification has completed a program of education or
training beyond secondary education, but little or no
education or course work is required to obtain such a degree,
diploma, or certification.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102.
``SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS.
``(a) Lists Maintained by the Department of Education.--Not
later than 30 days after the date of the enactment of this
part, the Secretary of Education shall make available (in a
regularly updated, electronic format) to the Secretary of
Homeland Security and the heads of other appropriate Federal
agencies, a list of--
``(1) accrediting agencies and associations, recognized by
the Secretary of Education under section 496, or, at the
discretion of the Secretary, other organizations involved in
accreditation;
``(2) eligible institutions, as defined under section
435(a); and
``(3) to the extent practicable, foreign degree-granting
institutions that--
``(A) have degree-granting authority, as granted by the
appropriate agency or ministry of jurisdiction in the home
country of such institution;
``(B) issue degrees that are accepted for professional
licensure, public employment, and admission into graduate
programs of degree-granting institutions in the home country
(as determined by the Secretary of State);
``(C) are determined by the Secretary of Education to be
academically equivalent to an eligible institution, as
defined in section 435(a); and
``(D) are located in a home country that is capable of
performing an effective academic evaluation of the degree-
granting institutions to which it issues degree-granting
authority, as determined by the Secretary of State, in
consultation with the Secretary of Education,
for the purposes of assisting the Secretary of Homeland
Security and the heads of such Federal agencies to determine,
for immigration and Federal employment and hiring purposes,
the legitimacy of degree-granting institutions and degrees
issued by such institutions.
``(b) Revisions to Lists.--The Secretary of Education shall
modify and maintain the lists described in subsection (a) as
necessary to ensure that the lists and the information
contained in the lists are accurate and up-to-date, based on
the most recent information available to the Secretary.
``(c) Notice of Recognition.--To be eligible to receive
funds under title IV, each eligible institution described in
subsection (a)(2) shall, not later than 60 days after the
date of the enactment of this part, prominently display on
the institution's Internet website a notice indicating that
the institution is recognized by the Secretary of Education
as a legitimate institution for immigration and Federal
employment and hiring purposes. If the Secretary of Education
determines that an institution no longer qualifies as a
legitimate degree-granting institutions described in
subsection (a)(2), and removes the institution from the list
maintained under such subsection, the institution shall, not
later than 15 days after the removal of the institution from
such list, delete the notice required by this subsection from
the institution's Internet website.
``SEC. 853. ACCREDITING AGENCIES.
``No accrediting agency or association may be considered to
be a reliable authority as to the quality of education or
training offered by a degree-granting institution for any
purpose related to immigration, Federal employment and hiring
practices, or for any other Federal purposes, unless the
agency or association is on the list of accrediting agencies
and associations recognized by the Secretary of Education and
provided to the Secretary of Homeland Security under section
852. The Secretary may consult with other organizations, such
as the Council for Higher Education Accreditation, for such
purposes.
``SEC. 854. TASK FORCE.
``(a) Task Force Established.--The Secretary of Education
shall establish within the Department of Education the
Diploma Mill Task Force (referred to in this part as the
`Task Force').
``(b) Membership.--
``(1) Number and appointment.--The Task Force shall, if
practicable, be composed of 19 members, as follows:
``(A) The Assistant Secretary of Education for
Postsecondary Education.
``(B) A representative of the Department of Education with
experience related to the determination of the legitimacy and
quality of degrees from foreign institutions of higher
education, selected by the Secretary of Education.
``(C) A representative of the Department of Justice,
selected by the Attorney General.
``(D) A representative of the Federal Trade Commission,
selected by the Chairman of such agency.
``(E) A representative of the Secret Service, selected by
the Director of the Secret Service.
``(F) A representative of the Department of State, selected
by the Secretary of State.
``(G) A representative of the Department of Homeland
Security, selected by the Secretary of Homeland Security.
``(H) A representative of the Office of Personnel
Management, selected by the Director of such Office.
[[Page H719]]
``(I) A representative of a national accreditation
association.
``(J) A representative of a national organization
representing collegiate registrars and admissions officers.
``(K) Two representatives of State degree approval
agencies, selected by agreement of at least 3 of the Speaker
of the House of Representatives, the Senate majority leader,
the House minority leader, and the Senate minority leader.
``(L) Two representatives from regionally accredited
institutions of higher education, selected by agreement of at
least 3 of the Speaker of the House of Representatives, the
Senate majority leader, the House minority leader, and the
Senate minority leader.
``(M) One representative from a nationally accredited
institution of higher education, selected by agreement of at
least 3 of the Speaker of the House of Representatives, the
Senate majority leader, the House minority leader, and the
Senate minority leader.
``(N) Four individuals from the general population with
experience in higher education, the detection of fraudulent
degrees and degree-granting institutions, or law enforcement
related to credential fraud, selected as follows:
``(i) One individual selected by the Speaker of the House
of Representatives.
``(ii) One individual selected by the minority leader of
the House of Representatives.
``(iii) One individual selected by the majority leader of
the Senate.
``(iv) One individual selected by the minority leader of
the Senate.
``(2) Criteria for membership.--All members of the Task
Force shall be persons who are especially qualified to serve
on the Task Force by virtue of their education, training, or
experience, particularly in the fields of higher education,
accreditation of institutions of higher education, foreign
higher education standards, State regulation of institutions
of higher education, immigration, Federal employment
requirements and hiring practices, or fraud prevention,
detection, or enforcement.
``(3) Terms.--Each member shall be appointed for the life
of the Task Force.
``(4) Vacancies.--A vacancy in the Task Force shall be
filled in the manner in which the original appointment was
made.
``(5) Chair.--At the first meeting of the Task Force, the
members of the Task Force shall elect a member of the Task
Force to serve as Chair.
``(c) Duties.--
``(1) Guidelines.--The Task Force shall develop guidelines,
to be used for the development of Federal legislation, to
identify degree-granting institutions as legitimate or
fraudulent degree-granting institutions for Federal purposes.
In developing such guidelines, the Task Force shall
consider--
``(A) characteristics of degree-granting institutions that
help determine the legitimacy of the institution, such as
whether an entity--
``(i) offers or confers degrees, diplomas, or
certificates--
``(I) for little or no meaningful academic work;
``(II) without requiring an appropriate level of academic
achievement for the attainment of such degrees, diplomas, or
certificates; or
``(III) without imposing academic or other requirements for
admittance into the institutions or programs offering such
degrees, diplomas, or certificates;
``(ii) has fiscal and administrative structures and
capacity appropriate to the specified scale of educational
operations;
``(iii) has resources to support claims as a degree-
granting institution, including curricula, qualified faculty,
facilities, equipment, and supplies, student support
services, objectives of the degrees or credentials offered,
admissions practices, academic calendars and catalogs, and a
grading system; and
``(iv) has degree-granting authority issued by the States
in which degrees, or instruction leading to degrees, are
offered, and is recognized by such States as an approved
institution of higher education;
``(B) the feasibility of defining the term `fraudulent
degree-granting institution' (commonly referred to as
`diploma mills'), and if feasible, shall define such term to
propose for use in Federal laws and regulations;
``(C) issues related to--
``(i) the detection of new and existing fraudulent degree-
granting institutions;
``(ii) recognition and prevention of the practices used by
such fraudulent degree-granting institutions to avoid
detection;
``(iii) the enforcement of laws and regulations prohibiting
such fraudulent degree-granting institutions and practices
and the use of fraudulent degrees; and
``(iv) the prosecution of such fraudulent degree-granting
institutions and practices and the use of fraudulent degrees;
``(D) difficulties in identifying fraudulent degree-
granting institutions located in foreign countries, or that
claim recognition or degree-granting authority from foreign
countries;
``(E) means to alert and educate the public about
fraudulent degree-granting institutions and the use of
fraudulent degrees;
``(F) laws, regulations, and other means used by States to
address fraudulent degree-granting institutions and the use
of fraudulent degrees;
``(G) the potential need for coordination and cooperation
among various Federal agencies to investigate and prosecute
suspected fraudulent degree-granting institutions, and the
detailed recommendations of the Task Force regarding such
coordination and cooperation;
``(H) the study and the report to the Task Force required
under this section; and
``(I) the purposes for which various agencies of the United
States need to identify fraudulent degree-granting
institutions, and identify, prohibit, and prevent the use of
degrees issued by such fraudulent institutions, and the
ability of such agencies to implement any guidelines
considered by the Task Force.
``(2) Development of federal plan.--The Task Force shall
develop a strategic diploma integrity protection plan
(referred to in this section as the `Plan') to address the
sale and use of fraudulent degrees for Federal purposes. The
Plan shall include the following:
``(A) Recommendations to Congress regarding the
implementation by Federal agencies of the guidelines
developed under paragraph (1).
``(B) Recommendations to the Federal Trade Commission
regarding the application of the guidelines developed under
paragraph (1) to any rulemaking under section 856 and to the
enforcement of the rules promulgated under such section.
``(3) Submission of report to congress.--Not later than one
year after the date of the enactment of this part, the Task
Force shall submit to the appropriate congressional
committees a report, including--
``(A) the guidelines developed under paragraph (1);
``(B) the Plan developed under paragraph (2); and
``(C) a legislative proposal for consideration by Congress.
``SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF
THE FEDERAL PLAN AS GUIDELINES.
``It is the sense of the Congress that--
``(1) each State should implement a strategic diploma
integrity plan similar to any strategic diploma integrity
plan developed under section 854, to the extent practicable
and as soon as practicable after the date of the adoption of
such a plan under such section; and
``(2) States may adopt more stringent standards than those
standards contained in the Federal strategic diploma
integrity plan and used by agencies of the United States to
identify fraudulent degree-granting institutions operating
within such State, except that State law does not preempt
Federal law as applied to the employment and hiring practices
of Federal employees working in such State.
``SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING
DIPLOMAS AND PROFESSIONAL CERTIFICATIONS.
``Not later than 180 days after the date of enactment of
this part, the Secretary shall request in writing that the
Federal Trade Commission shall develop a plan to address
diploma mills based on section 18 of Federal Trade Commission
Act (15 U.S.C. 57a).
``PART I--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
``SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
``(a) Grants Authorized.--
``(1) In general.--From the amount appropriated to carry
out this part under section 800, the Secretary is authorized
to award grants, on a competitive basis, to institutions of
higher education or consortia of institutions of higher
education to enable institutions of higher education or
consortia to pay the Federal share of the cost of carrying
out the authorized activities described in subsection (c).
``(2) Consultation with the attorney general and the
secretary of homeland security.--Where appropriate, the
Secretary shall award grants under this section in
consultation with the Attorney General of the United States
and the Secretary of Homeland Security.
``(3) Duration.--The Secretary shall award each grant under
this section for a period of 2 years.
``(4) Limitation on institutions and consortia.--An
institution of higher education or consortium shall be
eligible for only 1 grant under this section.
``(b) Federal Share; Non-Federal Share.--
``(1) In general.--The Federal share of the activities
described in subsection (c) shall be 50 percent.
``(2) Non-federal share.--The institution of higher
education or consortium shall provide the non-Federal share,
which may be provided from other Federal, State, and local
resources dedicated to emergency preparedness and response.
``(c) Authorized Activities.--Each institution of higher
education or consortium receiving a grant under this section
may use the grant funds to carry out 1 or more of the
following:
``(1) Developing and implementing a state-of-the-art
emergency communications system for each campus of an
institution of higher education or consortium, in order to
contact students via cellular, text message, or other state-
of-the-art communications methods when a significant
emergency or dangerous situation occurs. An institution or
consortium using grant funds to carry out this paragraph
shall also, in coordination with the appropriate State and
local emergency management authorities--
``(A) develop procedures that students, employees, and
others on a campus of an institution of higher education or
consortium will be directed to follow in the event of a
significant emergency or dangerous situation; and
``(B) develop procedures the institution of higher
education or consortium shall follow to inform, within a
reasonable and timely manner, students, employees, and others
on a campus in the event of a significant emergency or
dangerous situation, which procedures shall include the
emergency communications system described in this paragraph.
``(2) Supporting measures to improve safety at the
institution of higher education or consortium, such as--
``(A) security assessments;
``(B) security training of personnel and students at the
institution of higher education or consortium;
``(C) where appropriate, coordination of campus
preparedness and response efforts with local
[[Page H720]]
law enforcement, local emergency management authorities, and
other agencies, to improve coordinated responses in
emergencies among such entities; and
``(D) establishing a hotline that allows a student or staff
member at an institution or consortium to report another
student or staff member at the institution or consortium who
the reporting student or staff member believes may be a
danger to the reported student or staff member or to others.
``(3) Coordinating with appropriate local entities the
provision of mental health services for students and staff of
the institution of higher education or consortium, including
mental health crisis response and intervention services for
students and staff affected by a campus or community
emergency.
``(d) Application.--Each institution of higher education or
consortium desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(e) Technical Assistance.--The Secretary shall coordinate
technical assistance provided by State and local emergency
management agencies, the Department of Homeland Security, and
other agencies as appropriate, to institutions of higher
education or consortia that request assistance in developing
and implementing the activities assisted under this section.
``(f) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to provide a private right of action to any person to
enforce any provision of this section;
``(2) to create a cause of action against any institution
of higher education or any employee of the institution for
any civil liability; or
``(3) to affect the Family Educational Rights and Privacy
Act of 1974 or the regulations issued under section 264 of
the Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
``SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES,
AND PRACTICES.
``The Secretary of Education, in consultation with the
Attorney General of the United States and the Secretary of
Homeland Security, shall--
``(1) advise institutions of higher education on model
emergency response policies, procedures, and practices; and
``(2) disseminate information concerning those policies,
procedures, and practices.
``SEC. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE
SECRETARY.
``(a) Planning.--The Secretary shall develop and maintain a
disaster relief plan, in consultation with the appropriate
agencies, to ensure a procedure is in place to address the
needs of institutions of higher education in the event of a
disaster with respect to which the President has declared a
major disaster or emergency. The plan shall take into
consideration the immediate safety and well-being of
students, faculty, and staff. Additionally, such plan shall
outline steps that can be taken to ensure institutions of
higher education have a timely recovery.
``(b) Submission to Congress.--The Secretary shall submit
to the authorizing committees the plan required by subsection
(a) and any revisions of such plan.
``SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN
PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to
establish an Education Disaster and Emergency Relief Loan
Program for institutions of higher education for direct or
indirect losses incurred as a result of a federally declared
major disaster or emergency.
``(b) Use of Assistance.--The Secretary may, subject to the
availability of appropriations, provide any assistance under
the Education Disaster and Emergency Relief Loan program to
institutions of higher education pursuant to this section
only after the declaration of a major disaster or emergency
by the President. Loan funds provided under this section may
be used for--
``(1) direct and indirect construction, replacement, and
renovation costs associated with or resulting from or
preparing for a major disaster or emergency;
``(2) faculty salaries and incentives for retaining
faculty; or
``(3) reimbursement for lost tuition and other revenues.
``(c) Application Requirements.--To be considered for a
loan under this section, an institution of higher education
shall--
``(1) submit a financial statement and other appropriate
data, documentation, or evidence requested by the Secretary
that indicates that the institution incurred losses resulting
from the impact of a major disaster or emergency and the
monetary amount of such losses; and
``(2) demonstrate that the institution attempted to
minimize the cost of any losses by pursuing collateral source
compensation from the Federal Emergency Management Agency and
insurance coverage prior to seeking a loan under this
section, except that an institution of higher education shall
not be required to receive collateral source compensation
from the Federal Emergency Management Agency and insurance
prior to being eligible for a loan under this section.
``(d) Audit.--The Secretary may audit a financial statement
submitted under subsection (c) and an institution of higher
education shall provide any information that the Secretary
determines necessary to conduct such an audit.
``(e) Reduction in Loan Amounts.--To determine the amount
of a loan to make available to an institution of higher
education under this section, the Secretary shall calculate
the monetary amount of losses incurred by such institution as
a result of a federally declared major disaster or emergency,
and shall reduce such amount by the amount of collateral
source compensation the institution has already received from
insurance, the Federal Emergency Management Agency, and the
Small Business Administration.
``(f) Establishment of Loan Program.--In order to disburse
loans under this section, the Secretary shall prescribe
regulations that--
``(1) establish the loan program, taking into consideration
the structure of existing capital financing loan programs
under this Act; and
``(2) that set forth--
``(A) terms for the loan program under this section;
``(B) procedures for an application for a loan under this
section; and
``(C) minimum requirements for the loan program and for
receiving a loan under this section, including the following:
``(i) Online forms to be used in submitting request for a
loan under this section.
``(ii) Information to be included in such forms.
``(iii) Procedures to assist in filing and pursing a loan
under this section.
``(g) Definitions.--In this section:
``(1) Institution affected by a gulf hurricane disaster.--
The term `institution affected by a Gulf hurricane disaster'
means an institution of higher education that--
``(A) is located in an area affected by a Gulf hurricane
disaster; and
``(B) is able to demonstrate that the institution--
``(i) incurred physical damage resulting from the impact of
a Gulf hurricane disaster;
``(ii) was not able to fully reopen in existing facilities
or to fully reopen to the pre-hurricane levels for 30 days or
more on or after August 29, 2005.
``(2) Area affected by a gulf hurricane disaster; gulf
hurricane disaster.--The terms `area affected by a Gulf
hurricane disaster' and `Gulf hurricane disaster' have the
meanings given such terms in section 209 of the Higher
Education Hurricane Relief Act of 2005 (Public Law 109-148,
119 Stat. 2809).
``(3) Emergency.--The term `emergency' has the meaning
given such term in section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
``(4) Institutions of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(5) Major disaster.--The term `major disaster' has the
meaning given the term in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
``(h) Effective Date.--This section shall take effect on
the date of the enactment of the College Opportunity and
Affordability Act of 2007, and assistance provided to
institutions of higher education pursuant to this section
shall be available only with respect to federally declared
major disasters or emergencies that occur after the date of
the enactment of the College Opportunity and Affordability
Act of 2007, except in the case of an institution affected by
a Gulf hurricane disaster.
``SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT
SAFETY.
``Not later than 90 days after the date of enactment of the
College Opportunity and Affordability Act of 2007, the
Secretary shall provide guidance that clarifies the role of
institutions of higher education with respect to the
disclosure of education records, including to a parent or
legal guardian of a dependent student, in the event that such
student demonstrates that the student poses a significant
risk of harm to himself or herself or to others, including a
significant risk of suicide, homicide, or assault. Such
guidance shall further clarify that an institution of higher
education that, in good faith, discloses education records or
other information in accordance with the requirements of this
Act and the Family Educational Rights and Privacy Act of 1974
shall not be liable to any person for that disclosure.
``PART J--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES
``SEC. 871. PURPOSE.
``The purposes of this part are--
``(1) to increase--
``(A) enrollment and graduation rates from 2-year and 4-
year colleges, and articulation from 2-year degree programs
into 4-year degree programs, of graduates of rural high
schools; and
``(B) degree completion for nontraditional students from
rural areas; and
``(2) to promote economic growth and development in rural
America through partnership grants to consortia of rural
colleges and universities and other entities, such as local
education agencies, employers, education service agencies,
and nonprofit organizations.
``SEC. 872. DEFINITIONS.
``For the purposes of this part:
``(1) Rural institution of higher education.--The term
`rural institution of higher education' means an institution
of higher education that primarily serves rural areas.
``(2) Rural area.--The term `rural area' means an area in
which there is located a rural local educational agency.
``(3) Rural local education agency.--The term `rural local
education agency' means a local educational agency (as such
term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965) all of the schools of which
meet a metro-centric locale code of 41, 42, or 43 as
determined by the National Center for Education Statistics
(NCES), in conjunction with the Bureau of the Census, using
the NCES system for classifying local educational agencies.
``(4) Nontraditional student.--The term `nontraditional
student' means an individual who--
``(A) delays enrollment in an institution of higher
education by 3 or more years after completing high school;
``(B) attends an institution of higher education part-time
or less than part-time; or
[[Page H721]]
``(C) attends an institution of higher education and--
``(i) works full-time;
``(ii) is an independent student;
``(iii) has one or more dependents other than a spouse;
``(iv) is a single parent; or
``(v) does not have a high school diploma.
``(5) Regional employer.--The term `regional employer'
means employers qualifying as businesses or other entities
employing individuals within a rural area.
``SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL
GRADUATES.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to partnerships formed between one or more rural
institution of higher education and any of the following
entities:
``(1) One or more rural local educational agencies.
``(2) One or more rural education service agencies.
``(3) One or more regional employers.
``(4) One or more nonprofit organizations with expertise in
rural education.
``(b) Eligible Partnerships; Applications.--To be eligible
for a grant under this section, a partnership that meets the
requirements of subsection (a) shall submit to the Secretary
an application in such form and containing such information
as the Secretary shall prescribe. In determining which
applications to approve for a grant under this section, the
Secretary shall consider--
``(1) the percentage of graduates, attendees, or former
attendees of high schools from rural local educational
agencies enrolled or otherwise affiliated with the entity;
``(2) in the case of employers, the percentage of employees
that are graduates of high schools in rural local educational
agencies.
``(c) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (b) shall be used--
``(1) to improve enrollment rates for graduates and former
attendees of rural high schools at rural institutions of
higher education, including--
``(A) programs to provide information about college costs
and financial aid options, assistance with college enrollment
applications, and assistance with financial aid applications;
``(B) programs or initiatives that provide such graduates
or former attendees of rural high schools access and exposure
to campuses, classes, programs, and facilities of rural
institutions of higher education, including covering the cost
of transportation to and from institutions of higher
education;
``(C) the formation of groups or other initiatives that
create support groups of such students expressing interest in
attending rural institutions of higher education;
``(D) extracurricular activities, such as internships,
community service, and other activities for such individuals
in advance of attending institutions of higher education; and
``(E) other initiatives that assist such individuals in
applying and developing interest in attending rural
institutions of higher education; and
``(2) to encourage participation of nontraditional students
in degree programs at rural institutions of higher education,
including--
``(A) programs to provide information about college costs
and financial aid options, assistance with college enrollment
applications, and assistance with financial aid applications
for institutions of higher education;
``(B) outreach to nontraditional students through community
initiatives; and
``(C) formation of support groups for nontraditional
students enrolling in 2-year degree programs and articulating
from 2-year degree programs to 4-year degree programs.
``SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to partnerships formed between one or more rural
institutions of higher education and one or more regional
employers.
``(b) Eligible Partnerships; Applications.--To be eligible
for a grant under this section, a partnership that meets the
requirements of subsection (a) shall submit to the Secretary
an application in such form and containing such information
as the Secretary shall prescribe. In determining which
applications to approve for a grant under this section, the
Secretary shall consider--
``(1) the potential of the employer to employ graduates of
rural institutions of higher education after graduation;
``(2) the potential of the employer engaged in the
partnership to spur economic development in the region; and
``(3) the relevance of the employer to the regional
economy.
``(c) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (a) shall be used--
``(1) to provide additional career training to attendees of
rural institutions of higher education in fields relevant to
the regional economy; and
``(2) to encourage regional businesses to employ graduates
of rural institutions of higher education.
``SEC. 875. QUALITY OF LIFE IN RURAL AREAS.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to rural institutions of higher education.
``(b) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (a) shall be used to create or
strengthen academic programs to prepare graduates to enter
into high-need occupations in the regional and local
economies.
``SEC. 876. ALLOCATION OF APPROPRIATIONS.
``(a) Grant Considerations.--In making grant allocations
under this part to qualifying institutions and partnerships,
the Secretary shall consider--
``(1) the percentage of graduates of rural high schools
attending rural institutions of higher education in proximity
to the entity receiving the grant;
``(2) employment needs of regional employers in proximity
to entities receiving the grant; and
``(3) the health of the regional economy of the region
surrounding the entity receiving the grant.
``(b) Maximum and Minimum Grants.--No grant awarded by the
Secretary under this part shall be less than $200,000 or more
than $500,000.
``(c) Grant Duration.--A grant awarded under this part
shall be awarded for one 3-year period.
``PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
``SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA
NATIVE AND NATIVE HAWAIIAN STUDENTS.
``(a) Purpose.--The purpose of this section is--
``(1) to develop or expand programs for the development of
professionals in the fields of science, technology,
engineering, and mathematics; and
``(2) to focus resources on meeting the educational and
cultural needs of Alaska Natives and Native Hawaiians.
``(b) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3(b) of the Alaska
Natives Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership that includes--
``(A) 1 or more colleges or schools of engineering;
``(B) 1 or more colleges of science or mathematics;
``(C) 1 or more institutions of higher education that offer
2-year degrees; and
``(D) 1 or more private entities that--
``(i) conduct career awareness activities showcasing local
technology professionals;
``(ii) encourage students to pursue education in science,
technology, engineering, and mathematics from elementary
school through college, and careers in those fields, with the
assistance of local technology professionals;
``(iii) develop internships, apprenticeships, and mentoring
programs in partnership with relevant industries; and
``(iv) assist with placement of interns and apprentices.
``(3) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965.
``(c) Grant Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary is
authorized to award a grant to an eligible partnership to
enable the eligible partnership to expand programs for the
development of science, technology, engineering, or
mathematics professionals, from elementary school through
college, including existing programs for Alaska Native and
Native Hawaiian students.
``(d) Uses of Funds.--Grant funds under this section shall
be used for 1 or more of the following:
``(1) Development or implementation of cultural, social, or
educational transition programs to assist students to
transition into college life and academics in order to
increase such students' retention rates in the fields of
science, technology, engineering, or mathematics, with a
focus on Alaska Native or Native Hawaiian students.
``(2) Development or implementation of academic support or
supplemental educational programs to increase the graduation
rates of students in the fields of science, technology,
engineering, or mathematics, with a focus on Alaska Native
and Native Hawaiian students.
``(3) Development or implementation of internship programs,
carried out in coordination with educational institutions and
private entities, to prepare students for careers in the
fields of science, technology, engineering, or mathematics,
with a focus on programs that serve Alaska Native or Native
Hawaiian students.
``(4) Such other activities as are consistent with the
purposes of this section.
``(e) Application.--Each eligible partnership that desires
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible partnership that
provides 1 or more programs in which 30 percent or more of
the program participants are Alaska Native or Native
Hawaiian.
``(g) Period of Grant.--A grant under this section shall be
awarded for a period of 5 years.
``(h) Evaluation and Report.--Each eligible partnership
that receives a grant under this section shall conduct an
evaluation to determine the effectiveness of the programs
funded under the grant and shall provide a report regarding
the evaluation to the Secretary not later than 6 months after
the end of the grant period.
[[Page H722]]
``PART L--NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
``SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR
STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
``(a) Establishment and Maintenance of Database.--
``(1) Database.--The Secretary of Education shall establish
and maintain, on the public website of the Department of
Education, a database consisting of information on
scholarships, fellowships, and other programs of financial
assistance available from public and private sources for the
study of science, technology, engineering, or mathematics at
the postsecondary and post baccalaureate levels.
``(2) Presentation of information.--The information
maintained on the database established under this section
shall be displayed on the website in the following manner:
``(A) Separate information shall be provided for each of
the fields of study referred to in paragraph (1) and for
postsecondary and post baccalaureate programs of financial
assistance.
``(B) The database shall provide specific information on
any programs of financial assistance which are targeted to
individuals of a particular gender, ethnicity, or other
demographic group.
``(C) If the sponsor of any program of financial assistance
included on the database maintains a public website, the
database shall provide hyperlinks to the website.
``(D) In addition to providing the hyperlink to the website
of a sponsor of a program of financial assistance as required
under subparagraph (C), the database shall provide general
information that an interested person may use to contact the
sponsor, including the sponsor's electronic mail address.
``(E) The database shall have a search capability which
permits an individual to search for information on the basis
of each category of the information provided and on the basis
of combinations of categories of the information provided,
including whether the scholarship is need- or merit-based and
by relevant academic majors.
``(F) The database shall include a recommendation that
students and families should carefully review all of the
application requirements prior to applying for aid, and a
disclaimer that the scholarships presented in the database
are not provided or endorsed by the Department of Education
or the Federal Government.
``(b) Dissemination of Information on Database.--The
Secretary shall take such actions as may be necessary on an
ongoing basis, including sending notices to secondary schools
and institutions of higher education, to disseminate
information on the database established and maintained under
this part and to encourage its use by interested parties.
``(c) Use of Vendor To Obtain Information.--In carrying out
this part, the Secretary of Education shall enter into a
contract with a private entity under which the entity shall
furnish and regularly update all of the information required
to be maintained on the database established under this
section.
``(d) Encouraging the Provision of Information.--In
carrying out this part, the Secretary of Education and the
contracted entity shall consult with public and private
sources of scholarships and make easily available a process
for such entities to provide regular and updated information.
``PART M--TRAINING FOR REALTIME WRITERS
``SEC. 882. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF
REALTIME WRITERS.
``(a) Authorization of Grant Program.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Commerce
shall make competitive grants to eligible entities under
subsection (b) to promote training and placement of
individuals, including individuals who have completed a court
reporting training program, as realtime writers in order to
meet the requirements for closed captioning of video
programming set forth in section 713 of the Communications
Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
``(2) Eligible entities.--For purposes of this part, an
eligible entity is a court reporting program that--
``(A) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of
training realtime writers qualified to provide captioning
services;
``(B) is accredited by an accrediting agency recognized by
the Department of Education; and
``(C) is participating in student aid programs under title
IV.
``(3) Priority in grants.--In determining whether to make
grants under this section, the Secretary of Commerce shall
give a priority to eligible entities that, as determined by
the Secretary--
``(A) possess the most substantial capability to increase
their capacity to train realtime writers;
``(B) demonstrate the most promising collaboration with
local educational institutions, businesses, labor
organizations, or other community groups having the potential
to train or provide job placement assistance to realtime
writers; or
``(C) propose the most promising and innovative approaches
for initiating or expanding training or job placement
assistance efforts with respect to realtime writers.
``(4) Duration of grant.--A grant under this section shall
be for a period of 2 years.
``(5) Maximum amount of grant.--The amount of a grant
provided under subsection (a) to an entity eligible may not
exceed $1,500,000 for the 2-year period of the grant under
paragraph (4).
``(b) Application.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit an application to the
Secretary of Commerce at such time and in such manner as the
secretary may require. The application shall contain the
information set forth under paragraph (2).
``(2) Information.--Information in the application of an
eligible entity under subsection (a) for a grant under
subsection (a) shall include the following:
``(A) A description of the training and assistance to be
funded using the grant amount, including how such training
and assistance will increase the number of realtime writers.
``(B) A description of performance measures to be utilized
to evaluate the progress of individuals receiving such
training and assistance in matters relating to enrollment,
completion of training, and job placement and retention.
``(C) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
``(D) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the
grant period, including any partnerships or arrangements
established for that purpose.
``(E) A description of how the eligible entity will work
with local workforce investment boards to ensure that
training and assistance to be funded with the grant will
further local workforce goals, including the creation of
educational opportunities for individuals who are from
economically disadvantaged backgrounds or are displaced
workers.
``(F) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants
under subsection (a)(3).
``(G) Such other information as the Secretary may require.
``(c) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under subsection (a) shall use the grant amount for purposes
relating to the recruitment, training and assistance, and job
placement of individuals, including individuals who have
completed a court reporting training program, as realtime
writers, including--
``(A) recruitment;
``(B) subject to paragraph (2), the provision of
scholarships;
``(C) distance learning;
``(D) further developing and implementing both English and
Spanish curriculum to more effectively train realtime writing
skills, and education in the knowledge necessary for the
delivery of high-quality closed captioning services;
``(E) mentoring students to ensure successful completion of
the realtime training and provide assistance in job
placement;
``(F) encouraging individuals with disabilities to pursue a
career in realtime writing; and
``(G) the employment and payment of personnel for all such
purposes.
``(2) Scholarships.--
``(A) Amount.--The amount of a scholarship under paragraph
(1)(B) shall be based on the amount of need of the recipient
of the scholarship for financial assistance, as determined in
accordance with part F of title IV.
``(B) Agreement.--Each recipient of a scholarship under
paragraph (1)(B) shall enter into an agreement with the
school in which the recipient is enrolled to provide realtime
writing services for the purposes described in subsection
(a)(1) for a period of time appropriate (as determined by the
Secretary of Commerce or the Secretary's designee) for the
amount of the scholarship received.
``(C) Coursework and employment.--The Secretary of Commerce
or the Secretary's designee shall establish requirements for
coursework and employment for recipients of scholarships
under paragraph (1)(B), including requirements for repayment
of scholarship amounts in the event of failure to meet such
requirements for coursework and employment. Requirements for
repayment of scholarship amounts shall take into account the
effect of economic conditions on the capacity of scholarship
recipients to find work as realtime writers.
``(3) Administrative costs.--The recipient of a grant under
this section may not use more than 5 percent of the grant
amount to pay administrative costs associated with activities
funded by the grant. The Secretary of Commerce shall use not
more than 5 percent of the amount available for grants under
this part in any fiscal year for administrative costs of the
program.
``(4) Supplement not supplant.--Grants amounts under this
part shall supplement and not supplant other Federal or non-
Federal funds of the grant recipient for purposes of
promoting the training and placement of individuals as
realtime writers.
``(d) Reports.--
``(1) Annual reports.--Each eligible entity receiving a
grant under subsection (a) shall submit to the Secretary of
Commerce, at the end of each year of the grant period, a
report on the activities of such entity with respect to the
use of grant amounts during such year.
``(2) Report information.--
``(A) In general.--Each report of an entity for a year
under paragraph (1) shall include a description of the use of
grant amounts by the entity during such year, including an
assessment by the entity of the effectiveness of activities
carried out using such funds in increasing the number of
realtime writers. The assessment shall utilize the
performance measures submitted by the entity in the
application for the grant under subsection (b)(2).
``(B) Final report.--The final report of an entity on a
grant under paragraph (1) shall include a description of the
best practices identified by the entity as a result of the
grant for increasing the number of individuals who are
[[Page H723]]
trained, employed, and retained in employment as realtime
writers.
``(3) Annual review.--The Inspector General of the
Department of Commerce shall conduct an annual review of the
management, efficiency, and effectiveness of the grants made
under this part.
``PART N--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR
VETERAN STUDENT SUCCESS.
``(a) Purpose.--It is the purpose of this section to
encourage model programs to support veteran student success
in postsecondary education by coordinating services to
address the academic, financial, physical, and social needs
of veteran students.
``(b) Grants Authorized.--
``(1) In general.--Subject to the availability of
appropriations under section 800, the Secretary shall award
grants to institutions of higher education to develop model
programs to support veteran student success in postsecondary
education.
``(2) Grant period.--A grant awarded under this section
shall be awarded for a period of 3 years.
``(c) Use of Grants.--
``(1) Required activities.--An institution of higher
education receiving a grant under this section shall use such
grant to carry out a model program that includes--
``(A) establishing of a Center of Excellence for Veteran
Student Success on the campus of the institution to provide a
single point of contact to coordinate comprehensive support
services for veteran students;
``(B) establishing a veteran students support team,
including representatives from the offices of the institution
responsible for admissions, registration, financial aid,
veterans benefits, academic advising, student health,
personal or mental health counseling, career advising,
disabilities services, and any other office of the
institution that provides support to veteran students on
campus;
``(C) providing a full-time or part-time coordinator whose
primary responsibility is to coordinate the model program
carried out under this section;
``(D) monitoring the rates of veteran student enrollment,
persistence, and completion; and
``(E) developing a plan to sustain the Center of Excellence
for Veteran Student Success after the grant period.
``(2) Other authorized activities.--An institution of
higher education receiving a grant under this section may use
such grant to carry out any of the following activities with
respect to veteran students:
``(A) Outreach and recruitment of such students.
``(B) Supportive instructional services for such students,
which may include--
``(i) personal, academic, and career counseling, as an on-
going part of the program;
``(ii) tutoring and academic skill-building instruction
assistance, as needed; and
``(iii) assistance with special admissions and transfer of
credit from previous postsecondary education or experience.
``(C) Assistance in obtaining student financial aid.
``(D) Housing support for students living in institutional
facilities and commuting students.
``(E) Cultural events, academic programs, orientation
programs, and other activities designed to ease the
transition to campus life for such students.
``(F) Support for veteran student organizations and veteran
student support groups on campus.
``(G) Coordination of academic advising and admissions
counseling with military bases and national guard units in
the area.
``(H) Other support services the institution determines to
be necessary to ensure the success of such students in
achieving their educational and career goals.
``(d) Application; Selection.--
``(1) Application.--To be considered for a grant under this
section, an institution of higher education shall submit to
the Secretary an application at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(2) Selection considerations.--In awarding grants under
this section, the Secretary shall consider--
``(A) the number of veteran students enrolled at an
institution of higher education; and
``(B) the need for model programs to address the needs of
veteran students at a wide range of institutions of higher
education, including the need to provide--
``(i) an equitable distribution of such grants to
institutions of higher education of various types and sizes;
``(ii) an equitable geographic distribution of such grants;
and
``(iii) an equitable distribution of such grants among
rural and urban areas.
``(e) Evaluation and Accountability Plan.--The Secretary
shall develop an evaluation and accountability plan for model
programs funded under this section to objectively measure the
impact of such programs, including a measure of whether
postsecondary education enrollment, persistence, and
completion for veterans increases as a result of such
programs.
``PART O--UNIVERSITY SUSTAINABILITY PROGRAMS
``Subpart 1--Sustainability Planning Grants
``SEC. 884. GRANTS AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary shall make
grants to eligible entities to establish sustainability
programs to design and implement sustainability practices,
including in the areas of energy management, green building,
waste management, purchasing, transportation, and toxics
management, and other aspects of sustainability that
integrate campus operations with multidisciplinary academic
programs and are applicable to the private and government
sectors.
``(2) Period of grant.--The provision of payments under a
grant under paragraph (1) may extend over a period of not
more than 4 fiscal years.
``(3) Definition of eligible entities.--For purposes of
this part, the term `eligible entity' means--
``(A) an institution of higher education that grants 2 or
4-year undergraduate degrees, or masters and doctoral
degrees, or both; or
``(B) a non-profit consortia, association, alliance, or
collaboration operating in partnership with one or more
institutions of higher education that received funds for the
implementation of work associated with sustainability
programs under this part.
``(b) Applications.--
``(1) In general.--To receive a grant under subsection
(a)(1), an eligible entity shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Assurances.--Such application shall include
assurances that the eligible entity--
``(A) has developed or shall develop a plan, including an
evaluation component, for the program component established
pursuant to subsection (c);
``(B) shall use Federal funds received from a grant under
subsection (a) to supplement, not supplant, non-Federal funds
that would otherwise be available for projects funded under
such section;
``(C) shall provide, with respect to any fiscal year in
which such entity receives funds from a grant under
subsection (a)(1), non-Federal funds or an in-kind
contribution in an amount equal to 20 percent of funds from
such grant, for the purpose of carrying out the program
component established in subsection (c); and
``(D) shall collaborate with business, government, and the
nonprofit sectors in the development and implementation of
its sustainability plan.
``(c) Use of Funds.--
``(1) Individual institutions.--Grants made under
subsection (a) may be used by an eligible entity that is an
individual institution of higher education for the following
purposes:
``(A) To develop and implement administrative and
operations practices at institutions of higher education that
test, model, and analyze principles of sustainability.
``(B) To establish multidisciplinary education, research,
and outreach programs at institutions of higher education
that address the environmental, social, and economic
dimensions of sustainability.
``(C) To support research and teaching initiatives that
focus on multidisciplinary and integrated environmental,
economic, and social elements.
``(D) To establish initiatives in the areas of energy
management, green building, waste management, purchasing,
toxics management, transportation, and other aspects of
sustainability.
``(E) To support student, faculty, and staff work at
institutions of higher education to implement, research, and
evaluate sustainable practices.
``(F) To establish sustainability literacy as a requirement
for undergraduate and graduate degree programs.
``(G) To integrate sustainability curriculum in all
programs of instruction, particularly in business,
architecture, technology, manufacturing, engineering, and
science programs.
``(2) Partnerships.--Grants made under subsection (a) may
be used by an eligible entity that is a non-profit consortia,
association, alliance, or collaboration operating as a
partnership with one or more institutions of higher education
for the following purposes:
``(A) To conduct faculty, staff and administrator training
on the subjects of sustainability and institutional change.
``(B) To compile, evaluate, and disseminate best practices,
case studies, guidelines and standards.
``(C) To conduct efforts to engage external stakeholders
such as business, alumni, and accrediting agencies in the
process of building support for research, education, and
technology development for sustainability.
``(D) To conduct professional development programs for
faculty in all disciplines to enable faculty to incorporate
sustainability content in their courses.
``(E) To enable an appropriate non-profit consortia,
association, alliance, or collaboration operating in
partnership with an institution of higher education to create
the analytical tools necessary for institutions of higher
education to assess and measure their individual progress
toward fully sustainable campus operations and fully
integrating sustainability into the curriculum.
``(F) To develop educational benchmarks for institutions of
higher education to determine the necessary rigor and
effectiveness of academic sustainability programs.
``(d) Reports.--An eligible entity that receives a grant
under subsection (a) shall submit to the Secretary, for each
fiscal year in which the entity receives amounts from such
grant, a report that describes the work conducted pursuant to
subsection (c), research findings and publications,
administrative savings experienced, and an evaluation of the
program.
``(e) Allocation Requirement.--The Secretary may not make
grants under subsection (a) to any eligible entity in a total
amount that is less than $250,000 or more than $2,000,000.
[[Page H724]]
``Subpart 2--Summit on Sustainability
``SEC. 885. SUMMIT ON SUSTAINABILITY.
``Not later than September 30, 2008, the Secretary of
Education shall convene a summit of higher education experts
working in the area of sustainable operations and programs,
representatives from agencies of the Federal Government, and
business and industry leaders to focus on efforts of national
distinction that--
``(1) encourage faculty, staff, and students at
institutions of higher education to establish administrative
and academic sustainability programs on campus;
``(2) enhance research by faculty and students at
institutions of higher education in sustainability practices
and innovations that assist and improve sustainability;
``(3) encourage institutions of higher education to work
with community partners from the business, government, and
nonprofit sectors to design and implement sustainability
programs for application in the community and workplace;
``(4) identify opportunities for partnerships involving
institutions of higher education and the Federal Government
to expand sustainable operations and academic programs
focused on environmental and economic sustainability; and
``(5) charge the summit participants or steering committee
to submit a set of recommendations for addressing
sustainability through institutions of higher education.
``PART P--MODELING AND SIMULATION PROGRAMS
``SEC. 886. MODELING AND SIMULATION.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to promote
the study of modeling and simulation at institutions of
higher education, through the collaboration with new and
existing programs, and specifically to promote the use of
technology in such study through the creation of accurate
models that can simulate processes or recreate real life,
by--
``(A) establishing a task force at the Department of
Education to raise awareness of and define the study of
modeling and simulation;
``(B) providing grants to institutions of higher education
to develop new modeling and simulation degree programs; and
``(C) providing grants for institutions of higher education
to enhance existing modeling and simulation degree programs.
``(2) Definition.--In this section, the term `modeling and
simulation' means a field of study related to the application
of computer science and mathematics to develop a level of
understanding of the interaction of the parts of a system and
of a system as a whole.
``(b) Establishment of Task Force.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall establish a taskforce
within the Department of Education to study modeling and
simulation and to support the development of the modeling and
simulation field. The activities of such taskforce shall
include--
``(A) helping to define the study of modeling and
simulation (including the content of modeling and simulation
classes and programs);
``(B) identifying best practices for such study;
``(C) identifying core knowledge and skills that
individuals who participate in modeling and simulation
programs should acquire; and
``(D) providing recommendations to the Secretary with
respect to--
``(i) the information described in subparagraphs (A)
through (C); and
``(ii) a system by which grants under this section will be
distributed.
``(2) Taskforce membership.--The membership of the
taskforce under this subsection shall be composed of
representatives from--
``(A) institutions of higher education with established
modeling and simulation degree programs;
``(B) the National Science Foundation;
``(C) Federal Government agencies that use modeling and
simulation extensively, including the Department of Defense,
the National Institute of Health, the Department of Homeland
Security, the Department of Health and Human Services, the
Department of Energy, and the Department of Transportation;
``(D) private industries with a primary focus on modeling
and simulation; and
``(E) national modeling and simulation organizations.
``(c) Enhancing Modeling and Simulation at Institutions of
Higher Education.--
``(1) Enhancement grants authorized.--
``(A) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible institutions to
enhance modeling and simulation degree programs at such
eligible institutions.
``(B) Duration of grant.--A grant awarded under this
subsection shall be awarded for a 3-year period, and such
grant period may be extended for not more than 2 years if the
Secretary determines that an eligible institution has
demonstrated success in enhancing the modeling and simulation
degree program at such eligible institution.
``(C) Minimum grant amount.--Subject to the availability of
appropriations, a grant awarded to an eligible institution
under this subsection shall not be less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide, from
non-Federal sources, in cash or in kind, an amount equal to
25 percent of the amount of the grant to carry out the
activities supported by the grant. The Secretary may waive
the non-Federal share requirement under this subparagraph for
an eligible institution if the Secretary determines a waiver
to be appropriate based on the financial ability of the
institution.
``(2) Eligible institutions.--For the purposes of this
subsection, an eligible institution is an institution of
higher education that--
``(A) has an established modeling and simulation degree
program, including a major, minor, or career-track program;
or
``(B) has an established modeling and simulation
certificate or concentration program.
``(3) Application.--To be considered for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
Such application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the institution's
commitment to the enhancement of the modeling and simulation
program at the institution of higher education;
``(B) an identification of designated faculty responsible
for the enhancement of the institution's modeling and
simulation program; and
``(C) a detailed plan for how the grant funds will be used
to enhance the modeling and simulation program of the
institution.
``(4) Uses of funds.--A grant awarded under this subsection
shall be used by an eligible institution to carry out the
plan developed in accordance with paragraph (3)(C) to enhance
modeling and simulation programs at the institution, which
may include--
``(A) in the case of an institution that is eligible under
paragraph (2)(B), activities to assist in the establishment
of a major, minor, or career-track modeling and simulation
program at the eligible institution;
``(B) expanding the multi-disciplinary nature of the
institution's modeling and simulation programs;
``(C) recruiting students into the field of modeling and
simulation through the provision of fellowships or
assistantships;
``(D) creating new courses to compliment existing courses
and reflect emerging developments in the modeling and
simulation field;
``(E) conducting research to support new methodologies and
techniques in modeling and simulation; and
``(F) purchasing equipment necessary for modeling and
simulation programs.
``(d) Establishing Modeling and Simulation Programs.--
``(1) Establishment grants authorized.--
``(A) In general.--The Secretary is authorized to award
grants to institutions of higher education to establish a
modeling and simulation program, including a major, minor,
career-track, certificate, or concentration program.
``(B) Duration of grant.--A grant awarded under this
subsection shall be awarded for a 3-year period, and such
grant period may be extended for not more than 2 years if the
Secretary determines that an eligible institution has
demonstrated success in establishing a modeling and
simulation degree program at such eligible institution.
``(C) Minimum grant amount.--Subject to the availability of
appropriations, a grant awarded to an eligible institution
under this subsection shall not be less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide, from
non-Federal sources, in cash or in kind, an amount equal to
25 percent of the amount of the grant to carry out the
activities supported by the grant. The Secretary may waive
the non-Federal share requirement under this subparagraph for
an eligible institution if the Secretary determines a waiver
to be appropriate based on the financial ability of the
institution.
``(2) Application.--To apply for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
Such application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the institution's
commitment to the establishment of a modeling and simulation
program at the institution of higher education;
``(B) a detailed plan for how the grant funds will be used
to establish a modeling and simulation program at the
institution; and
``(C) a description of how the modeling and simulation
program established under this subsection will complement
existing programs and fit in to the institution's current
program and course offerings.
``(3) Uses of funds.--A grant awarded under this subsection
may be used by an eligible institution to--
``(A) establish, or work toward the establishment of, a
modeling and simulation program, including a major, minor,
career-track, certificate, or concentration program at the
eligible institution;
``(B) provide adequate staffing to ensure the successful
establishment of the modeling and simulation program, which
may include the assignment of full-time dedicated or
supportive faculty; and
``(C) purchasing equipment necessary for a modeling and
simulation program.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$40,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years. Of the
amounts authorized to be appropriated for each fiscal year--
``(1) $1,000,000 is authorized to carry out the activities
of the task force established pursuant to subsection (b); and
``(2) of the amount remaining after the allocation for
paragraph (1)--
``(A) 50 percent is authorized to carry out the grant
program under subsection (c); and
``(B) 50 percent is authorized to carry out the grant
program under subsection (d).
``PART Q--BUSINESS WORKFORCE PARTNERSHIPS
``SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS.
``(a) Purpose and Authorization.--
[[Page H725]]
``(1) Purpose.--The purpose of this section is to provide
grants to institutions of higher education partnering with
employers to strengthen ties between college degree credit
offerings and business and industry workforce needs, and
expand opportunities for worksite learning.
``(2) Authorization of program.--The Secretary shall award
grants, on a competitive basis, to eligible partnerships for
the purposes of creating business and industry workforce
partnerships.
``(b) Definition of Business and Industry Workforce
Partnership.--
``(1) In general.--For purposes of this section, the term
`business and industry workforce partnership' means a
partnership between an institution of higher education and--
``(A) an employer or group of employers, or a local board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998), or both; and
``(B) labor organizations, where applicable, that represent
workers locally in the businesses or industries that are the
focus of the partnership, including as a result of such
organization's representation of employees at a worksite at
which the partnership proposes to conduct activities under
this section.
``(2) Exception.--In the case of a State that does not
operate local boards, paragraph (1)(A) shall be applied by
substituting `State board' for `local board'.
``(c) Application.--A business and industry workforce
partnership seeking a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Priority for Applications Focused on Serving
Nontraditional Students.--The Secretary shall give priority
to applications focused on serving nontraditional students
who are independent, as defined in section 480(d), do not
already have a bachelor's degree, and who have one or more of
the following characteristics:
``(1) Are the first generation in their family to attend
college.
``(2) Have delayed enrollment in college.
``(3) Have dependents.
``(e) Peer Review.--The Secretary shall convene a peer
review process, which shall include individuals knowledgeable
about workforce education for working adults, to review
applications for grants under this section, and make
recommendations to the Secretary on the selection of grant
recipients.
``(f) Mandatory Activities.--A partnership that receives a
grant under this section shall use the grant funds to carry
out all of the following activities:
``(1) Identify high demand occupations in the regional
labor market which offer or can lead to high wages, in
coordination with the State employment security agency funded
under the Wagner-Peyser Act.
``(2) Develop linked career and educational pathways for
those occupations and related ones, including, where
appropriate, pathways involving registered apprenticeships.
``(3) Consult with employers offering jobs in occupations
identified under paragraph (1) to determine workforce
development needs.
``(4) Consult with labor organizations representing workers
locally in the occupations identified in paragraph (1), where
applicable.
``(5) Identify existing college degree credit offerings or
create new degree credit offerings that prepare students to
meet business and industry workforce needs, including
offerings connected to registered apprenticeship programs.
``(g) Permissible Activities.--A partnership that receives
a grant under this section may use the grant funds to carry
out one or more of the following activities:
``(1) In consultation with faculty in the appropriate
departments, adapt college offerings identified and created
under subsection (f)(5) to the schedules and needs of working
students, such as by creating evening, weekend, modular,
compressed, or distance learning formats, enrolling students
in learning communities, or other relevant innovations.
``(2) Create bridge programs that prepare students with
lower skills or limited English proficiency to enter the
college offerings identified or created under subsection
(f)(5).
``(3) Expand worksite learning opportunities.
``(4) Other activities that the institution and the
Secretary deem appropriate to carry out the purposes of this
program.
``(h) Grant Period.--Grants made under this section shall
be for a period of at least 36 months and not more than 60
months.
``(i) Technical Assistance.--The Secretary shall provide
technical assistance to grantees under this section
throughout the grant period.
``(j) Evaluation.--The Secretary shall conduct an
evaluation of the effectiveness of the program under this
section and disseminate the findings of such evaluation, as
well as information on promising practices developed under
this section.
``(k) Report to Congress.--Not less than 36 months after
the first grant is awarded under this section, the Secretary,
jointly with the Secretary of Labor, shall report to Congress
on:
``(1) Changes to the Higher Education Act and related Acts,
such as the Perkins Vocational and Technical Education Act
and the Workforce Investment Act (both Title I and Title II),
that would help create and sustain business and industry
workforce partnerships at colleges.
``(2) Other changes to the Higher Education Act and related
Acts, such as the Perkins Vocational and Technical Education
Act and the Workforce Investment Act, that would more
generally strengthen the links between business and industry
workforce needs, workforce development programs, and other
college degree credit offerings.''.
SEC. 802. SENSE OF THE CONGRESS; REPORT.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to provide the borrowers of Federal student
loans with the option of converting their loans to income
contingent repayment by providing direct loans for the
discharge of such loans (in this section referred to as
``direct IDEA loans''), the Secretary of Education and the
Secretary of the Treasury will work together to develop a
process by which the borrower will make payments on such loan
using the income tax withholding system and will make
appropriate adjustments to his or her withholding or
estimated tax payments for such purposes;
(2) the Secretaries should determine--
(A) whether such a repayment option would be beneficial to
borrowers and taxpayers; and
(B) how such program would be implemented by the
Departments of Education and Treasury; and
(3) this process would--
(A) streamline the repayment process and provide greater
flexibility for borrowers electing to use the direct IDEA
loan;
(B) significantly reduce the number of loan defaults by
borrowers; and
(C) significantly reduce the redundancy in reporting
information pertaining to income contingent repayment to the
Department of Education, institutions, and applicants.
(b) Report.--The Secretaries of Education and the Treasury
shall, within one year after the date of enactment of this
Act--
(1) provide the Congress with information on the progress
in devising the direct IDEA loan with income contingent
repayment using the income tax withholding system;
(2) inform the Congress of any necessary statutory changes
for the purpose of establishing a direct IDEA loan with
income contingent repayment using the income tax withholding
system; and
(3) consider international programs demonstrating
implementation of income contingent repayment collected
through revenue services, such as programs in England,
Australia, and New Zealand.
SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION
PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the National Academy of
Sciences to conduct a scientifically correct and
statistically valid evaluation of the quality of distance
education programs, as compared to campus-based education
programs, at institutions of higher education. Such
evaluation shall include--
(1) identification of the elements by which the quality of
distance education, as compared to campus-based education,
can be assessed, including elements such as subject matter,
interactivity, and student outcomes;
(2) identification of distance and campus-based education
program success, with respect to student achievement, in
relation to the mission of the institution of higher
education; and
(3) identification of the types of students (including
classification of types of students based on student age) who
most benefit from distance education programs, the types of
students who most benefit from campus-based education
programs, and the types of students who do not benefit from
distance education programs, by assessing elements including
access to higher education, job placement rates,
undergraduate graduation rates, and graduate and professional
degree attainment rates.
(b) Scope.--The National Academy of Sciences shall select
for participation in the evaluation under subsection (a) a
diverse group of institutions of higher education with
respect to size, mission, and geographic distribution.
(c) Interim and Final Reports.--The agreement under
subsection (a) shall require that the National Academy of
Sciences submit to the authorizing committees (as such term
is defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003)--
(1) an interim report regarding the evaluation under
subsection (a) not later than December 31, 2008; and
(2) a final report regarding such evaluation not later than
December 31, 2010.
SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO ``GO
GREEN''.
(a) Findings.--The Committee on Education and Labor of the
House of Representatives makes the following findings:
(1) A commitment to and academic programs for environmental
and economic sustainability are essential for our Nation's
future prosperity.
(2) The more than 4,200 higher education institutions in
the United States have the capacity to innovatively leverage
spending and change consumption patterns by incorporating
concepts of sustainability into their academic programs and
by modeling sustainable economic and environmental practices
for their communities.
(3) Many colleges and universities have interdisciplinary
programs or centers focusing on equipping students with the
academic content knowledge needed to understand concepts of
sustainability and ``going green''.
(4) Many colleges and universities have programs related to
the research of sustainability and sustainable systems.
(5) Academic programs related to sustainability vary in
rigor because no national education content standards for
academic sustainability programs currently exist.
(6) Colleges and universities may partner with businesses
to encourage students and faculty to translate academic
learning and research into practical solutions that promote
sustainability.
(7) Colleges and universities that make an effort to reduce
energy consumption and promote environmental sustainability
not only reduce their own emissions, but also motivate the
leaders of the next generation to action and create technical
skills and resources to develop innovative solutions.
[[Page H726]]
(8) Many colleges and universities have undertaken
detailed, campus-wide assessments of their progress toward
``going green'' and sustainability or have measured their
progress in specific sectors, such as operations, or specific
parameters, such as recycling, energy, and water consumption.
(9) No system that evaluates and compares college and
university campuses in terms of overall sustainability-
related academic programs and practices currently exists.
(b) Sense of the Committee on Education and Labor.--It is
the sense of the Committee on Education and Labor that in
order to encourage increased public awareness of the need to
``go green'' by using sustainable economic and environmental
practices and rigorous sustainability academic programs on
college and university campuses, the following should be
encouraged:
(1) The development of educational standards by
institutions of higher education to determine the necessary
rigor and effectiveness of academic sustainability programs.
(2) Public awareness of the need for ``going green'' by
using sustainable economic and environmental practices.
(3) Non-governmental efforts to improve economic and
environmental sustainability efforts on college and
university campuses, including holding national summits to
share best practices.
(4) Collaborative partnerships between Federal agencies,
businesses, universities and communities to broaden
sustainability practices.
SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, AND SAFETY
STANDARDS.
(a) Study.--The Secretary of Education shall commission the
National Research Council to conduct a national study to
determine the viability of developing and implementing
standards in environmental, health, and safety areas to
provide for differential regulation of industrial
laboratories and facilities, on the one hand, and research
and teaching laboratories on the other. The National Research
Council shall make specific recommendations for statutory and
regulatory changes that are needed to develop such a
differential approach.
(b) Report.--The Secretary of Education shall submit the
list of those regulations that impose the greatest compliance
costs on institutions of higher education and make
recommendations for statutory changes to ease the compliance
burden to the authorizing committees (as such term is defined
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.
(a) Study Required.--The Secretary of Education shall--
(1) commission and ensure the conduct of a national study
of underrepresented minority males, particularly African
American and Hispanic American males, completing high school,
and entering and graduating from colleges and universities in
accordance with the following:
(A) the data comprising the study shall focus primarily on
African American and Hispanic American males and will utilize
existing data sources;
(B) the study shall focus on high school completion and
preparation for college, success on the SAT and ACT, and
minority male access to college, including the financing of
college, and college persistence and graduation; and
(C) the implementation of the study shall be in four stages
based on the recommendations of the Commissioner of Education
Statistics; and
(2) make specific recommendations to the Congress and State
superintendents of education on new approaches to increase--
(A) the number of minority males successfully preparing
themselves for college study;
(B) the number of minority males graduating from high
school and entering college; and
(C) the number of minority males graduating from college
and entering careers in which they are underrepresented.
(b) Submission of the Report.--Not later than 4 years after
the date of enactment of this section, the Secretary shall
submit a report on the study required by subsection (a)(1),
together with the recommendations required by subsection
(a)(2), to the authorizing committees (as such term is
defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003)).
SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS.
(a) Study.--The Comptroller General shall conduct a study
to identify any race, ethnicity, and gender biases present in
the design of standardized tests that are used for admission
to institutions of higher education.
(b) Data Available to the Public.--Any data collected and
used for the study under subsection (a) shall be made
publicly available, except that such data shall not be made
available in any manner that reveals personally identifiable
information relating to any individual.
(c) Report.--Not later than one year after date of the
enactment of this Act, the Comptroller General shall issue an
interim report to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) related to the progress of the study under subsection
(a).
SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS.
(a) Study Required.--The Congressional Budget Office shall
conduct a study on the feasibility of allowing borrowers in
repayment of student loans made under the Higher Education
Act of 1965 the option of selecting or renegotiating a fixed
or variable interest rate on their loans and the repayment
period of such loans. The study shall evaluate various
scenarios and options and take into consideration the costs
to the government, lenders and borrowers of allowing such an
option as well as the impact on service quality.
(b) Report.--The Congressional Budget Office shall submit a
report on the study required by this section to the
authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
one year after the date of the enactment of this Act.
SEC. 809. ENDOWMENT REPORT.
(a) Analysis of Endowments.--The Secretary of Education
shall conduct a study on the amounts, uses, and public
purposes of the endowments of institutions of higher
education. The study shall include information (disaggregated
by types of institution) describing--
(1) the average and range of--
(A) the outstanding balance of such endowments;
(B) the growth of such endowments over the last 10 years;
and
(C) the percentage of spending on an annual basis and, to
the extent practicable, the uses of such endowments by the
institutions; and
(2) the extent to which the funds in such endowments are
restricted, and the restrictions placed upon such funds.
(b) Submission of Report.--The Secretary shall submit the
report required by subsection (a) to the authorizing
committees (as such term is defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
one year after the date of enactment of this Act.
SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.
(a) Study Required.--The Secretary of Education shall--
(1) conduct a longitudinal study to assess the effects of
correctional postsecondary education that--
(A) employs rigorous empirical methods that control for
self-selection bias;
(B) measures a range of outcomes, including those related
to employment and earnings, recidivism, engaged citizenship,
impact on families of the incarcerated, and impact on the
culture of the correctional institution;
(C) examines different delivery systems of postsecondary
education, such as on-site and distance learning; and
(D) includes a projected cost-benefit analysis of the
Federal investment in terms of reduction of future offending,
reduction of future prison costs (construction and
operational), increased tax payments by formerly incarcerated
individuals, a reduction of welfare and other social service
costs for successful formerly incarcerated individuals, and
increased costs from the employment of formerly incarcerated
individuals; and
(2) make specific recommendations to the Congress and the
relevant State agencies responsible for correctional
education, such as the State superintendents of education and
State secretaries of corrections, on best approaches to
increase correctional education and its effectiveness.
(b) Submission of Reports.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall submit
an interim report on the progress of the study required by
subsection (a)(1) to the authorizing committees (as defined
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)). Not later than 7 years after the date of enactment of
this Act, the Secretary shall submit a final report, together
with the recommendations required by subsection (a)(3), to
the authorizing committees.
SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM.
(a) Program Authorized.--The Secretary is authorized to
provide grants, on a competitive basis, to institutions of
higher education (as defined in section 102) to support a
National Undergraduate Fellows program.
(b) Purpose of Grants.--Grants under this section shall be
provided to enable administrators (including student affairs
administrators)--
(1) to improve postsecondary degree completion rates of
current underrepresented students through mentoring, a
leadership institute, an internship, and funding to attend
regional and national higher education administration
conferences;
(2) to increase the retention and success rates of not only
current students, but future generations of underrepresented
college students, by encouraging them to pursue a career in
higher education or student affairs; and
(3) to increase the quality and number of underrepresented
higher education and student affairs administrators able to
provide much needed student support services to students.
(c) Uses of Funds.--Grantees under this section may use the
funds to provide--
(1) staffing support for the program, which may include a
higher education administrator as a mentor;
(2) summer internship opportunities focusing on higher
education administration, at an institution other than their
own;
(3) a summer leadership institute participation opportunity
for self reflection, leadership skill building, graduate
school preparation, and career development; and
(4) as needed, support to attend regional and national
higher education conferences for additional leadership and
professional development.
(d) On-Going Support for the Fellows Program.--From the
funds appropriated in section 800 of the Higher Education Act
of 1965, the Secretary shall award a grant, on a competitive
basis, to a national organization to enable such organization
to support the establishment and ongoing work of the program
under this section.
SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY
TRUST FUND.
(a) Establishment.--There is established a nonprofit
corporation to be known as the National Center for Learning
Science and Technology (referred to in this Act as the
``Center'') which shall not be an agency or establishment of
the United States Government. The Center shall be subject to
the provisions of this section, and, to the extent consistent
with this section,
[[Page H727]]
to the District of Columbia Nonprofit Corporation Act (D.C.
Code, section 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the National Center for Learning
Science and Technology Trust Fund (referred to in this Act as
the ``Trust Fund''). The Trust Fund shall contain such
amounts as are credited to the Trust Fund under paragraph (2)
and other funds obtained under paragraph (3).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Trust Fund such sums as may be
necessary for the fiscal years 2008 and each of the 4
succeeding fiscal years.
(3) Additional funds.--The Trust Fund is authorized--
(A) to accept funds from any Federal agency or entity;
(B) to accept, hold, administer, invest, and spend any
gift, devise, or bequest of real or personal property made to
the Center; and
(C) to enter into contracts with individuals, public or
private organizations, professional societies, and government
agencies for the purpose of carrying out the functions of the
Center.
(c) Board of Directors; Functions, and Duties.--
(1) In general.--A board of directors of the Center
(referred to in this Act as the ``Board'') shall be
established to oversee the administration of the Center. Such
Board shall consist of 9 members to be appointed by the
Secretary of Education, who--
(A) reflect representation from the public and private
sectors; and
(B) shall provide, as nearly as practicable, a broad
representation of various regions of the United States,
various professions and occupations, and various kinds of
talent and experience appropriate to the functions and
responsibilities of the Center.
(2) Organization and operation.--The board shall
incorporate and operate the center in accordance with the
laws governing tax exempt organizations in the District of
Columbia.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Center, after consultation with the
Board, may use Trust funds--
(A) to support basic and applied research development and
demonstrations of innovative learning and assessment systems
as well as the components and tools needed to create them;
(B) to support the testing and evaluation of these systems;
and
(C) to encourage the widespread adoption and use of
effective approaches to learning.
(2) Contracts and grants.--
(A) In general.--In order to carry out the activities
described in paragraph (1), the Director of the Center, with
the agreement of a majority of the members of the Board, may
award contracts and grants to colleges and universities,
museums, libraries, public broadcasting entities and similar
nonprofit organizations and public institutions (with or
without private partners).
(B) Public domain.--
(i) In general.--The research and development properties
and materials associated with a project in which a majority
of the funding used to carry out the project is from a grant
or contract under this Act shall be freely and nonexclusively
available to the general public in a timely manner.
(ii) Exemption.--The Director of the Center may exempt
specific projects from the requirement of clause (i) if the
Director of the Center and a majority of the members of the
Board determine that the general public will benefit
significantly due to the project not being freely and
nonexclusively available to the general public in a timely
manner.
(C) Peer review.--To the extent practicable, proposals for
grants or contracts shall be evaluated on the basis of
comparative merit by panels of experts who represent diverse
interests and perspectives, and who are appointed by the
Director of the Center from recommendations from the fields
served and from the Board of Directors.
(e) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than April 30 of each year, the
Director of the Center shall prepare a report for the
preceding fiscal year that contains the information described
in subparagraph (B).
(B) Contents.--A report under subparagraph (A) shall
include--
(i) a comprehensive and detailed report of the Center's
operations, activities, financial condition, and
accomplishments, and such recommendations as the Director of
the Center determines appropriate;
(ii) a comprehensive and detailed inventory of funds
distributed from the Trust Fund during the fiscal year for
which the report is being prepared; and
(iii) an independent audit of the Trust Fund's finances and
operations, and of the implementation of the goals
established by the Board.
(C) Statement of the board.--Each report under subparagraph
(A) shall include a statement from the Board containing--
(i) a clear description of the plans and priorities of the
Board for the subsequent 5-year period for expenditures from
the Trust Fund; and
(ii) an estimate of the funds that will be available for
such expenditures from the Trust Fund.
(D) Submission to the president and congress.--A report
under this subsection shall be submitted to the President and
the authorizing committees (as such term is defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)).
(2) Testimony.--The Director and principal officers of the
Center shall testify before the appropriate committees of
Congress, upon request of such committees, with respect to--
(A) a report prepared under paragraph (1)(A); and
(B) any other matter that such committees may determine
appropriate.
(f) Use of Funds Subject to Appropriations.--The authority
to award grants, enter into contracts, or otherwise to expend
funds under this section is subject to the availability of
amounts deposited into the Trust Fund under subsection
(b)(3)(A) or (B), or amounts otherwise appropriated for such
purposes by an Act of Congress.
SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF
MEDICAL SCHOOL GRADUATES.
(a) Study Required.--The Comptroller General shall conduct
a study to evaluate the higher education related indebtedness
of medical school graduates in the United States at the time
of graduation.
(b) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study required by subsection (a) to the
authorizing Committees (as such term is defined in section
103 of the Higher Education Act of 1965), and shall make the
report widely available to the public. Additional reports may
be periodically prepared and released as necessary.
TITLE IX--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
Section 104 of the Education of the Deaf Act of 1986 (20
U.S.C. 4304) is amended--
(1) by striking the section heading and inserting ``LAURENT
CLERC NATIONAL DEAF EDUCATION CENTER'';
(2) in subsection (a)(1)(A), by inserting ``the Laurent
Clerc National Deaf Education Center (referred to in this
section as the `Clerc Center') to carry out'' after
``maintain and operate''; and
(3) in subsection (b)--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``elementary and secondary education
programs'' and inserting ``Clerc Center'';
(B) in paragraph (2), by striking ``elementary and
secondary education programs'' and inserting ``Clerc
Center'';
(C) in paragraph (4)(C)--
(i) in clause (i), by striking ``(6)'' and inserting
``(8)''; and
(ii) in clause (vi), by striking ``(m)'' and inserting
``(o)''; and
(D) by adding at the end the following:
``(5) The University, for purposes of the elementary and
secondary education programs carried out at the Clerc Center,
shall--
``(A)(i)(I) select challenging academic content standards,
challenging student academic achievement standards, and
academic assessments of a State, adopted and implemented, as
appropriate, pursuant to paragraphs (1) and (3) of section
1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary;
or
``(II) develop such standards and assessments subject to
the approval of the Secretary; and
``(ii) implement such standards and assessments for such
programs by not later than the beginning of the 2009-2010
academic year;
``(B) annually determine whether such programs at the Clerc
Center are making adequate yearly progress, as determined
according to the definition of adequate yearly progress
defined (pursuant to section 1111(b)(2)(C) of such Act (20
U.S.C. 6311(b)(2)(C))) by--
``(i) the State that has adopted and implemented the
standards and assessments selected under subparagraph
(A)(i)(I); or
``(ii) the University, if the University develops standards
and assessments in accordance with subparagraph (A)(i)(II);
and
``(C) publicly report the results of the academic
assessments implemented under subparagraph (A), except where
such reporting would not yield statistically reliable
information or would reveal personally identifiable
information about an individual student, and whether the
programs at the Clerc Center are making adequate yearly
progress, as determined under subparagraph (B).''.
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986
(20 U.S.C. 4305(b)(4)) is amended--
(1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5) commonly referred to as the Davis-Bacon Act'' and
inserting ``subchapter IV of chapter 31 of title 40, United
States Code, commonly referred to as the Davis-Bacon Act'';
and
(2) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code''.
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR
THE DEAF.
Section 112 of the Education of the Deaf Act of 1986 (20
U.S.C. 4332) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``an institution of higher education'' and
inserting ``the Rochester Institute of Technology, Rochester,
New York''; and
(II) by striking ``of a'' and inserting ``of the''; and
(ii) by striking the second sentence;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) If, pursuant to the agreement established under
paragraph (1), either the Secretary or the Rochester
Institute of Technology terminates the agreement, the
Secretary shall consider proposals from other institutions of
higher education and enter into an agreement with one of
[[Page H728]]
those institutions for the establishment and operation of a
National Technical Institute for the Deaf.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``Committee on Labor and
Human Resources of the Senate'' and inserting ``Committee on
Health, Education, Labor, and Pensions of the Senate''; and
(B) in paragraph (5)--
(i) by striking ``the Act of March 3, 1931 (40 U.S.C.
276a--276a-5) commonly referred to as the Davis-Bacon Act''
and inserting ``subchapter IV of chapter 31 of title 40,
United States Code, commonly referred to as the Davis-Bacon
Act''; and
(ii) by striking ``section 2 of the Act of June 13, 1934
(40 U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code''.
SEC. 904. AUDIT.
Section 203 of the Education of the Deaf Act of 1986 (20
U.S.C. 4353) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``sections'' and all that
follows through the period and inserting ``sections 102(b),
105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c)
through (f) of section 207, and subsections (b) and (c) of
section 209.''; and
(B) in paragraph (3), by inserting ``and the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate'' after ``Secretary''; and
(2) in subsection (c)(2)(A), by striking ``Committee on
Labor and Human Resources of the Senate'' and inserting
``Committee on Health, Education, Labor, and Pensions of the
Senate''.
SEC. 905. REPORTS.
Section 204 of the Education of the Deaf Act of 1986 (20
U.S.C. 4354) is amended--
(1) in the matter preceding paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate'';
(2) in paragraph (1), by striking ``preparatory,'';
(3) in paragraph (2)(C), by striking ``upon graduation/
completion'' and inserting ``on the date that is 1 year after
the date of graduation or completion''; and
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through the period
and inserting ``of NTID programs and activities.''.
SEC. 906. MONITORING, EVALUATION, AND REPORTING.
Section 205 of the Education of the Deaf Act of 1986 (20
U.S.C. 4355) is amended--
(1) in the first sentence of subsection (a), by striking
``preparatory,'';
(2) in subsection (b), by striking ``The Secretary, as part
of the annual report required under section 426 of the
Department of Education Organization Act, shall include a
description of'' and inserting ``The Secretary shall annually
transmit information to Congress on''; and
(3) in subsection (c), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4356(a)) is amended by striking ``Not later than 30
days after the date of enactment of this Act, the'' and
inserting ``The''.
SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY
AND THE NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF.
Section 207(h) of the Education of the Deaf Act of 1986 (20
U.S.C. 4357(h)) is amended by striking ``fiscal years 1998
through 2003'' each place it appears and inserting ``fiscal
years 2008 through 2013''.
SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359(a)) is amended by striking ``Committee on Labor
and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives''
and inserting ``Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate''.
SEC. 910. INTERNATIONAL STUDENTS.
Section 209 of the Education of the Deaf Act of 1986 (20
U.S.C. 4359a) is amended--
(1) in subsection (a)--
(A) by striking ``preparatory, undergraduate,'' and
inserting ``undergraduate'';
(B) by striking ``Effective with'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
effective with''; and
(C) by adding at the end the following:
``(2) Distance learning.--International students who
participate in distance learning courses that are at NTID or
the University and who are residing outside of the United
States shall--
``(A) not be counted as international students for purposes
of the cap on international students under paragraph (1),
except that in any school year no United States citizen who
applies to participate in distance learning courses that are
at the University or NTID shall be denied participation in
such courses because of the participation of an international
student in such courses; and
``(B) not be charged a tuition surcharge, as described in
subsection (b).''; and
(2) by striking subsections (b), (c), and (d), and
inserting the following:
``(b) Tuition Surcharge.--Except as provided in subsections
(a)(2)(B) and (c), the tuition for postsecondary
international students enrolled in the University (including
undergraduate and graduate students) or NTID shall include,
for academic year 2008-2009 and any succeeding academic year,
a surcharge of--
``(1) 100 percent for a postsecondary international student
from a non-developing country; and
``(2) 50 percent for a postsecondary international student
from a developing country.
``(c) Reduction of Surcharge.--
``(1) In general.--Beginning with the academic year 2008-
2009, the University or NTID may reduce the surcharge--
``(A) under subsection (b)(1) from 100 percent to not less
than 50 percent if--
``(i) a student described under subsection (b)(1)
demonstrates need; and
``(ii) such student has made a good-faith effort to secure
aid through such student's government or other sources; and
``(B) under subsection (b)(2) from 50 percent to not less
than 25 percent if--
``(i) a student described under subsection (b)(2)
demonstrates need; and
``(ii) such student has made a good faith effort to secure
aid through such student's government or other sources.
``(2) Development of sliding scale.--The University and
NTID shall develop a sliding scale model that--
``(A) will be used to determine the amount of a tuition
surcharge reduction pursuant to paragraph (1); and
``(B) shall be approved by the Secretary.
``(d) Definition.--In this section, the term `developing
country' means a country with a per-capita income of not more
than $4,825, measured in 1999 United States dollars, as
adjusted by the Secretary to reflect inflation since 1999.''.
SEC. 911. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359b(b)) is amended by striking ``Committee on
Education and the Workforce of the House of Representatives,
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``Committee on Education and Labor of
the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate''.
SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.
(a) Conduct of Study.--Subsection (a)(1) of section 211 of
the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is
amended by inserting after ``The Secretary shall'' the
following: ``establish a commission on the education of the
deaf (in this section referred to as the `commission') to''.
(b) Public Input and Consultation.--Subsection (b) of such
section is amended by striking ``Secretary'' each place it
appears and inserting ``commission''.
(c) Report.--Subsection (c) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``Secretary'' and all that follows through ``1998'' and
inserting ``commission shall report to the Secretary and
Congress not later than 18 months after the date of the
enactment of the College Opportunity and Affordability Act of
2007''; and
(2) in paragraph (1)--
(A) by striking ``recommendations,'' and inserting
``recommendations relating to educated-related factors that
contribute to successful postsecondary education experiences
and employment for individuals who are deaf,''; and
(B) by striking ``Secretary'' and inserting ``commission''.
(d) Authorization of Appropriations.--Subsection (d) of
such section is amended by striking ``$1,000,000 for each of
the fiscal years 1999 and 2000'' and inserting ``such sums as
may be necessary for each of the fiscal years 2008 and
2009''.
SEC. 913. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Education of the Deaf Act of 1986 (20
U.S.C. 4360a) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2008 through 2013''; and
(2) in subsection (b), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
PART B--INDIAN EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 921. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE
OR UNIVERSITY ASSISTANCE ACT OF 1978.
(a) Clarification of the Definition of National Indian
Organization.--Section 2(a)(6) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801(a)(6)) is amended by striking ``in the field of Indian
education'' and inserting ``in the fields of tribally
controlled colleges and universities and Indian higher
education''.
(b) Indian Student Count.--Section 2(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801(a)) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) `Indian student' means a student who is--
``(A) a member of an Indian tribe; or
``(B) a biological child of a member of an Indian tribe,
living or deceased;''.
(c) Continuing Education.--Section 2(b) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``paragraph (7) of subsection (a)'' and inserting
``subsection (a)(8)'';
(2) by striking paragraph (5) and inserting the following:
``(5) Determination of credits.--Eligible credits earned in
a continuing education program--
[[Page H729]]
``(A) shall be determined as 1 credit for every 10 contact
hours in the case of an institution on a quarter system, or
15 contact hours in the case of an institution on a semester
system, of participation in an organized continuing education
experience under responsible sponsorship, capable direction,
and qualified instruction, as described in the criteria
established by the International Association for Continuing
Education and Training; and
``(B) shall be limited to 10 percent of the Indian student
count of a tribally controlled college or university.''; and
(3) by striking paragraph (6).
(d) Accreditation Requirement.--Section 103 of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1804) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3), the following:
``(4)(A) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority with regard to the
quality of training offered; or
``(B) according to such an agency or association, is making
reasonable progress toward accreditation.''.
(e) Technical Assistance Contracts.--Section 105 of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1805) is amended--
(1) by striking the section designation and heading and all
that follows through ``The Secretary shall'' and inserting
the following:
``SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.
``(a) Technical Assistance.--
``(1) In general.--The Secretary shall'';
(2) in the second sentence, by striking ``In the awarding
of contracts for technical assistance, preference shall be
given'' and inserting the following:
``(2) Designated organization.--The Secretary shall require
that a contract for technical assistance under paragraph (1)
shall be awarded''; and
(3) in the third sentence, by striking ``No authority'' and
inserting the following:
``(b) Effect of Section.--No authority''.
(f) Amount of Grants.--Section 108(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1808(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``(a) Except as provided in section 111,''
and inserting the following:
``(a) Requirement.--
``(1) In general.--Except as provided in paragraph (2) and
section 111,'';
(3) in paragraph (1) (as redesignated by paragraphs (1) and
(2))--
(A) in the matter preceding subparagraph (A) (as
redesignated by paragraph (1))--
(i) by striking ``him'' and inserting ``the Secretary'';
and
(ii) by striking ``product of'' and inserting ``product
obtained by multiplying'';
(B) in subparagraph (A) (as redesignated by paragraph (1)),
by striking ``section 2(a)(7)'' and inserting ``section
2(a)(8)''; and
(C) in subparagraph (B) (as redesignated by paragraph (1)),
by striking ``$6,000,'' and inserting ``$8,000, as adjusted
annually for inflation.''; and
(4) by striking ``except that no grant shall exceed the
total cost of the education program provided by such college
or university.'' and inserting the following:
``(2) Exception.--The amount of a grant under paragraph (1)
shall not exceed an amount equal to the total cost of the
education program provided by the applicable tribally
controlled college or university.''.
(g) General Provisions Reauthorization.--Section 110(a) of
the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C. 1810(a)) is amended--
(1) in paragraphs (1), (2), (3), and (4), by striking
``1999'' and inserting ``2008'';
(2) in paragraphs (1), (2), and (3), by striking ``4
succeeding'' and inserting ``5 succeeding'';
(3) in paragraph (2), by striking ``$40,000,000'' and
inserting ``such sums as may be necessary'';
(4) in paragraph (3), by striking ``$10,000,000'' and
inserting ``such sums as may be necessary''; and
(5) in paragraph (4), by striking ``succeeding 4'' and
inserting ``5 succeeding''.
(h) Endowment Program Reauthorization.--Section 306(a) of
the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C. 1836(a)) is amended--
(1) by striking ``1999'' and inserting ``2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(i) Tribal Economic Development Reauthorization.--Section
403 of the Tribal Economic Development and Technology Related
Education Assistance Act of 1990 (25 U.S.C. 1852) is
amended--
(1) by striking ``$2,000,000 for fiscal year 1999'' and
inserting ``such sums as may be necessary for fiscal year
2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(j) Tribally Controlled Postsecondary Career and Technical
Institutions.--
(1) In general.--The Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is
amended by adding at the end the following:
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY
CAREER AND TECHNICAL INSTITUTION.
``In this title, the term `tribally controlled
postsecondary career and technical institution' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, for fiscal year 2008 and each fiscal year
thereafter, the Secretary shall--
``(1) subject to subsection (b), select 2 tribally
controlled postsecondary career and technical institutions to
receive assistance under this title; and
``(2) provide funding to the selected tribally controlled
postsecondary career and technical institutions to pay the
costs (including institutional support costs) of operating
postsecondary career and technical education programs for
Indian students at the tribally controlled postsecondary
career and technical institutions.
``(b) Selection of Certain Institutions.--
``(1) Requirement.--For each fiscal year during which the
Secretary determines that a tribally controlled postsecondary
career and technical institution described in paragraph (2)
meets the definition referred to in section 501, the
Secretary shall select that tribally controlled postsecondary
career and technical institution under subsection (a)(1) to
receive funding under this section.
``(2) Institutions.--The 2 tribally controlled
postsecondary career and technical institutions referred to
in paragraph (1) are--
``(A) the United Tribes Technical College; and
``(B) the Navajo Technical College.
``(c) Method of Payment.--For each applicable fiscal year,
the Secretary shall provide funding under this section to
each tribally controlled postsecondary career and technical
institution selected for the fiscal year under subsection
(a)(1) in a lump sum payment for the fiscal year.
``(d) Distribution.--
``(1) In general.--For fiscal year 2009 and each fiscal
year thereafter, of amounts made available pursuant to
section 504, the Secretary shall distribute to each tribally
controlled postsecondary career and technical institution
selected for the fiscal year under subsection (a)(1) an
amount equal to the greater of--
``(A) the total amount appropriated for the tribally
controlled postsecondary career and technical institution for
fiscal year 2006; or
``(B) the total amount appropriated for the tribally
controlled postsecondary career and technical institution for
fiscal year 2008.
``(2) Excess amounts.--If, for any fiscal year, the amount
made available pursuant to section 504 exceeds the sum of the
amounts required to be distributed under paragraph (1) to the
tribally controlled postsecondary career and technical
institutions selected for the fiscal year under subsection
(a)(1), the Secretary shall distribute to each tribally
controlled postsecondary career and technical institution
selected for that fiscal year a portion of the excess amount,
to be determined by--
``(A) dividing the excess amount by the aggregate Indian
student count (as defined in section 117(h) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2327(h))) of such institutions for the prior academic year;
and
``(B) multiplying the quotient described in subparagraph
(A) by the Indian student count of each such institution for
the prior academic year.
``SEC. 503. APPLICABILITY OF OTHER LAWS.
``(a) In General.--Paragraphs (4) and (7) of subsection
(a), and subsection (b), of section 2, sections 105, 108,
111, 112 and 113, and titles II, III, and IV shall not apply
to this title.
``(b) Indian Self-Determination and Education Assistance.--
Funds made available pursuant to this title shall be subject
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(c) Election To Receive.--A tribally controlled
postsecondary career and technical institution selected for a
fiscal year under section 502(b) may elect to receive funds
pursuant to section 502 in accordance with an agreement
between the tribally controlled postsecondary career and
technical institution and the Secretary under the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) if the agreement is in existence on the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(d) Other Assistance.--Eligibility for, or receipt of,
assistance under this title shall not preclude the
eligibility of a tribally controlled postsecondary career and
technical institutions to receive Federal financial
assistance under--
``(1) any program under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.);
``(2) any program under the Carl D. Perkins Career and
Technical Education Act of 2006; or
``(3) any other applicable program under which a benefit is
provided for--
``(A) institutions of higher education;
``(B) community colleges; or
``(C) postsecondary educational institutions.
``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary for fiscal year 2008 and each fiscal year
thereafter to carry out this title.''.
(2) Conforming amendments.--Section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2327) is amended--
(A) by striking subsection (a) and inserting the following:
``(a) Grant Program.--Subject to the availability of
appropriations, the Secretary shall make grants under this
section, to provide basic
[[Page H730]]
support for the education and training of Indian students, to
tribally controlled postsecondary career and technical
institutions that are not receiving Federal assistance as of
the date on which the grant is provided under--
``(1) title I of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1802 et seq.);
or
``(2) the Navajo Community College Act (25 U.S.C. 640a et
seq.).''; and
(B) by striking subsection (d) and inserting the following:
``(d) Applications.--To be eligible to receive a grant
under this section, a tribally controlled postsecondary
career and technical institution that is not receiving
Federal assistance under title I of the Tribally Controlled
College or University Assistance Act (25 U.S.C. 1802 et seq.)
or the Navajo Community College Act (25 U.S.C. 640a et seq.)
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.''.
(k) Short Title.--
(1) In general.--The first section of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 note; Public Law 95-471) is amended to read as
follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Tribally Controlled
Colleges and Universities Assistance Act of 1978'.''.
(2) References.--Any reference in law (including
regulations) to the Tribally Controlled College or University
Assistance Act of 1978 shall be considered to be a reference
to the ``Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
Subpart 2--Navajo Higher Education
SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.
(a) Purpose.--Section 2 of the Navajo Community College Act
(25 U.S.C. 640a) is amended--
(1) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(2) by striking ``the Navajo Community College'' and
inserting ``Dine College''.
(b) Grants.--Section 3 of the Navajo Community College Act
(25 U.S.C. 640b) is amended--
(1) in the first sentence--
(A) by inserting ``the'' before ``Interior'';
(B) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(C) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(2) in the second sentence--
(A) by striking ``Navajo Tribe'' and inserting ``Navajo
Nation''; and
(B) by striking ``Navajo Indians'' and inserting ``Navajo
people''.
(c) Study of Facilities Needs.--Section 4 of the Navajo
Community College Act (25 U.S.C. 640c) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(ii) by striking ``August 1, 1979'' and inserting ``October
31, 2010''; and
(B) in the second sentence, by striking ``Navajo Tribe''
and inserting ``Navajo Nation'';
(2) in subsection (b), by striking ``the date of enactment
of the Tribally Controlled Community College Assistance Act
of 1978'' and inserting ``October 1, 2007''; and
(3) in subsection (c), in the first sentence, by striking
``the Navajo Community College'' and inserting ``Dine
College''.
(d) Authorization of Appropriations.--Section 5 of the
Navajo Community College Act (25 U.S.C. 640c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$2,000,000'' and all
that follows through the end of the paragraph and inserting
``such sums as are necessary for fiscal years 2008 through
2013.''; and
(B) by adding at the end the following:
``(3) Sums described in paragraph (2) shall be used to
provide grants for construction activities, including the
construction of buildings, water and sewer facilities, roads,
information technology and telecommunications infrastructure,
classrooms, and external structures (such as walkways).'';
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(ii) by striking ``, for each fiscal year'' and all that
follows through ``for--'' and inserting ``such sums as are
necessary for fiscal years 2008 through 2013 to pay the cost
of--'';
(B) in subparagraph (A)--
(i) by striking ``college'' and inserting ``College'';
(ii) in clauses (i) and (iii), by striking the commas at
the end of the clauses and inserting semicolons; and
(iii) in clause (ii), by striking ``, and'' at the end and
inserting ``; and'';
(C) in subparagraph (B), by striking the comma at the end
and inserting a semicolon;
(D) in subparagraph (C), by striking ``, and'' at the end
and inserting a semicolon;
(E) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(E) improving and expanding the College, including by
providing, for the Navajo people and others in the community
of the College--
``(i) higher education programs;
``(ii) career and technical education;
``(iii) activities relating to the preservation and
protection of the Navajo language, philosophy, and culture;
``(iv) employment and training opportunities;
``(v) economic development and community outreach; and
``(vi) a safe learning, working, and living environment.'';
and
(3) in subsection (c), by striking ``the Navajo Community
College'' and inserting ``Dine College''.
(e) Effect on Other Laws.--Section 6 of the Navajo
Community College Act (25 U.S.C. 640c-2) is amended--
(1) by striking ``the Navajo Community College'' each place
it appears and inserting ``Dine College''; and
(2) in subsection (b), by striking ``college'' and
inserting ``College''.
(f) Payments; Interest.--Section 7 of the Navajo Community
College Act (25 U.S.C. 640c-3) is amended by striking ``the
Navajo Community College'' each place it appears and
inserting ``Dine College''.
PART C--HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION
AMENDMENTS OF 1992
SEC. 941. GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS.
Part D of title VIII of the Higher Education Amendments of
1998 (20 U.S.C. 1151) is amended to read as follows:
``PART D--GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS
``SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED
INDIVIDUALS.
``(a) Definition.--In this section:
``(1) Incarcerated individual.--The term `incarcerated
individual' means a male or female offender who is
incarcerated in a State or Federal prison, including a
prerelease facility.
``(2) Secretary.--The term `Secretary' means the Secretary
of Education.
``(b) Grant Program.--The Secretary--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States, and to the Federal Bureau of Prisons,
to assist and encourage incarcerated individuals to acquire
educational and job skills, through--
``(A) coursework to prepare students to take college-level
courses, such as remedial math and English for postsecondary
preparation;
``(B) the pursuit of a postsecondary education certificate,
or an associate or bachelor's degree, provided by a
regionally or nationally accredited body while in prison; and
``(C) employment counseling and other related services
which start during incarceration and end not later than 1
year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies and the Federal Bureau of Prisons receiving grants
under this section as the Secretary determines are necessary
to assess the effectiveness of the program under this
section.
``(c) Application.--To be eligible for a grant under this
section, a State correctional education agency or the Federal
Bureau of Prisons shall submit to the Secretary a proposal
for an incarcerated individual program that--
``(1) identifies the scope of the problem, including the
number of incarcerated individuals in need of postsecondary
education and vocational training;
``(2) lists the accredited public or private educational
institution or institutions with campuses established outside
the prison facility that will provide postsecondary
preparatory or postsecondary educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance
abuse, health, and parenting skills;
``(4) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(b)(2)) that the State correctional education agency or the
Federal Bureau of Prisons will use in carrying out its
proposal, including--
``(A) specific and quantified student outcome measures that
are referenced to outcomes for non-program participants with
similar demographic characteristics; and
``(B) measures, consistent with the data elements and
definitions described in subsection (d)(1)(A), of--
``(i) program completion, including an explicit definition
of what constitutes a program completion within the proposal;
``(ii) knowledge and skill attainment, including
specification of instruments that will measure knowledge and
skill attainment;
``(iii) attainment of employment both prior to and
subsequent to release;
``(iv) success in employment indicated by job retention and
advancement; and
``(v) recidivism, including such subindicators as time
before subsequent offense and severity of offense;
``(5) describes how the proposed programs are to be
integrated with existing State and Federal correctional
education programs (such as adult education, graduate
education degree programs, and vocational training) and State
and Federal prison industry programs; and
``(6) describes how the proposed programs will have
considered or will utilize technology to deliver the services
under this section.
``(d) Program Requirements.--Each State correctional
education agency and Federal Bureau of Prisons entity
receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted using data
elements and definitions provided by the Secretary for the
use of State correctional education programs and the Federal
Bureau of Prisons;
``(B) any objectives or requirements established by the
Secretary pursuant to subsection (b)(2);
[[Page H731]]
``(C) the additional performance objectives and evaluation
methods contained in the proposal described in subsection
(c)(4) as necessary to document the attainment of project
performance objectives; and
``(D) how the funds provided under this section are being
allocated among postsecondary preparatory education,
postsecondary academic, and vocational education programs;
and
``(2) provide to each State and the Federal Bureau of
Prisons for each student eligible under subsection (e) not
more than--
``(A) $3,000 annually for tuition, books, and essential
materials; and
``(B) $300 annually for related services such as career
development, substance abuse counseling, parenting skills
training, and health education.
``(e) Education Delivery Systems.--State correctional
education agencies, the Federal Bureau of Prisons, and
cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(f) Length of Participation.--Services carried out with a
grant under this section shall be available to incarcerated
individuals as follows:
``(1) Educational services shall start during the period of
incarceration or prerelease and shall end upon release.
``(2) Related services shall start during the period of
incarceration or prerelease and may continue for not more
than one year after release.
``(g) Federal Bureau of Prisons Grant Eligibility.--
Notwithstanding any other provision of law, the Federal
Bureau of Prisons shall be eligible to apply for and receive
a grant under this section, provided that the Federal Bureau
of Prisons meets the application and program requirements
under this section.
``(h) Allocation of Funds.--
``(1) States.--From the funds appropriated pursuant to
subsection (i) for each fiscal year, the Secretary shall
allot to each State an amount that bears the same ratio to
such funds as the total number of incarcerated individuals in
such State bears to the total number of such incarcerated
individuals in all States.
``(2) Federal bureau of prisons facilities.--From the funds
appropriated pursuant to subsection (h) for each fiscal year,
the Secretary shall allot to each Federal Bureau of Prisons
facility an amount that bears the same ratio to such funds as
the total number of inmates in such facility bears to the
total number of inmates in all Bureau of Prisons facilities.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years.''.
SEC. 942. UNDERGROUND RAILROAD.
Section 841(c) of the Higher Education Amendments of 1998
(20 U.S.C. 1153(c)) is amended by striking ``this section''
and all that follows through the period at the end and
inserting ``this section $3,000,000 for fiscal years 2009 and
the 4 succeeding fiscal years.''.
SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVISIONS.
The following provisions of the Higher Education Amendments
of 1998 are repealed:
(1) Study of market mechanisms in federal student loan
programs.--Section 801 (20 U.S.C. 1018 note).
(2) Study of feasibility of alternate financial instruments
for determining lender yields.--Section 802.
(3) Student related debt study.--Section 803 (20 U.S.C.
1015 note).
(4) Community scholarship mobilization.--Part C of title
VIII (20 U.S.C. 1070 note).
(5) Improving united states understanding of science,
engineering, and technology in east asia.--Part F of title
VIII (42 U.S.C. 1862 note).
(6) Web-based education commission.--Part J of title VIII.
SEC. 944. OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992
(20 U.S.C. 1070 note) is amended by striking ``1999'' and
inserting ``2009''.
SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.
(a) In General.--Section 202 of the Department of Education
Organization Act (20 U.S.C. 3412) is amended in subsection
(b)(1)--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) an Assistant Secretary for International and Foreign
Language Education; and''.
(b) Functions.--Such section is further amended by adding
at the end the following:
``(j) The Assistant Secretary for International and Foreign
Language Education--
``(1) shall be an individual with extensive background and
experience in international and foreign language education;
and
``(2) notwithstanding any other provision of law, shall
report directly to the Secretary.''.
(c) Conforming Amendment.--Such section is further amended
in subsection (e)--
(1) in paragraph (4), by adding ``and'' at the end;
(2) in paragraph (5), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (6).
(d) Office of International and Foreign Language
Education.--Title II of the Department of Education
Organization Act is amended by inserting after section 207
(20 U.S.C. 3417) the following:
``OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION
``Sec. 207A. There shall be in the Department an Office of
International and Foreign Language Education, to be
administered by the Assistant Secretary for International and
Foreign Language Education appointed under section 202(b). In
addition to performing such functions affecting international
and foreign language education as the Secretary may
prescribe, the Assistant Secretary shall--
``(1) have responsibility for encouraging and promoting the
study of foreign languages and the study of cultures of other
countries at the elementary, secondary, and postsecondary
levels in the United States;
``(2) carry out the administration of all Department
programs on international and foreign language education and
research;
``(3) coordinate with related international and foreign
language education programs of other Federal departments and
agencies; and
``(4) administer and coordinate the Department of
Education's activities in international affairs.''.
PART D--JUSTICE DEPARTMENT PROGRAMS
SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the
end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
prosecutors and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency cases (or
both) at the State or local level, including an employee who
supervises, educates, or trains other persons prosecuting
such cases.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or local agency who
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both), including an
attorney who supervises, educates, or trains other persons
providing such representation;
``(ii) a full-time employee of a nonprofit organization
operating under a contract with a State or unit of local
government, who devotes substantially all of such full-time
employment to providing legal representation to indigent
persons in criminal or juvenile delinquency cases (or both),
including an attorney who supervises, educates, or trains
other persons providing such representation; or
``(iii) employed as a full-time Federal defender attorney
in a defender organization established pursuant to subsection
(g) of section 3006A of title 18, United States Code, that
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
``(B) a loan made under part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and
1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g))
to the extent that such loan was used to repay a Federal
Direct Stafford Loan, a Federal Direct Unsubsidized Stafford
Loan, or a loan made under section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall,
subject to the availability of appropriations, establish a
program by which the Department of Justice shall assume the
obligation to repay a student loan, by direct payments on
behalf of a borrower to the holder of such loan, in
accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall
enter into a written agreement with the Attorney General that
specifies that--
``(A) the borrower will remain employed as a prosecutor or
public defender for a required period of service of not less
than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Attorney General
the amount of any benefits received by such employee under
this section; and
``(C) if the borrower is required to repay an amount to the
Attorney General under subparagraph (B) and fails to repay
such amount, a sum equal to that amount shall be recoverable
by the Federal Government from the employee (or such
employee's estate, if applicable) by such methods as are
provided by law for the recovery of amounts owed to the
Federal Government.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual or the estate of an individual under this
subsection shall be credited to the appropriation account
from which the amount involved was originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other
[[Page H732]]
sums in such account and shall be available for the same
purposes and period, and subject to the same limitations, if
any, as the sums with which the amount was merged.
``(C) Waiver.--The Attorney General may waive, in whole or
in part, a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Attorney General under this section shall be made
subject to the availability of appropriations, and subject to
such terms, limitations, or conditions as may be mutually
agreed upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount paid by
the Attorney General under this section shall not exceed--
``(i) $10,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $60,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Attorney General to pay any amount to reimburse
a borrower for any repayments made by such borrower prior to
the date on which the Attorney General entered into an
agreement with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection
(d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor
or public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of appropriations; and
``(B) in accordance with paragraph (2), except that the
Attorney General shall determine a fair allocation of
repayment benefits among prosecutors and defenders, and among
employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible borrowers, have
the least ability to repay their student loans (considering
whether the borrower is the beneficiary of any other student
loan repayment program), as determined by the Attorney
General; or
``(B) who--
``(i) received repayment benefits under this section during
the preceding fiscal year; and
``(ii) have completed less than 3 years of the first
required period of service specified for the borrower in an
agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to
issue such regulations as may be necessary to carry out the
provisions of this section.
``(h) Report by Inspector General.--Not later than 3 years
after the date of the enactment of this section, the
Inspector General of the Department of Justice shall submit
to Congress a report on--
``(1) the cost of the program authorized under this
section; and
``(2) the impact of such program on the hiring and
retention of prosecutors and public defenders.
``(i) GAO Study.--Not later than one year after the date of
the enactment of this section, the Comptroller General shall
conduct a study of, and report to Congress on, the impact
that law school accreditation requirements and other factors
have on the costs of law school and student access to law
school, including the impact of such requirements on racial
and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 2008 through 2013.''.
SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) In General.--The Attorney General of the United States
is authorized to make grants, through the Office of Community
Oriented Policing Services, to establish and operate a
National Center for Campus Public Safety (referred to in this
section as the ``Center''). The Center shall--
(1) provide quality education and training for campus
public safety agencies and the agencies' collaborative
partners, including campus mental health agencies;
(2) foster quality research to strengthen the safety and
security of the institutions of higher education in the
United States;
(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including the
prevention of violence against persons and property and
emergency response and evacuation procedures;
(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
(5) promote the development and dissemination of effective
behavioral threat assessment and management models to prevent
campus violence;
(6) coordinate campus safety information and resources
available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local,
and tribal governments and law enforcement agencies, and
private and nonprofit organizations and associations;
(7) increase cooperation, collaboration, and consistency in
prevention, response, and problem-solving methods among law
enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education in the
United States;
(8) develop standardized formats and models for mutual aid
agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
(9) report annually to Congress and the Attorney General on
activities performed by the Center during the previous 12
months.
(b) Coordination With Available Resources.--In establishing
the Center, the Attorney General shall--
(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorneys General of each
State; and
(2) coordinate the establishment and operation of the
Center with campus public safety resources that may already
be available within the Department of Homeland Security and
the Department of Education.
(c) Definition of Institution of Higher Education.--In this
section, the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,750,000 for
each of the fiscal years 2008 and 2009 and such sums as may
be necessary thereafter.
SEC. 953. PRIVATE LOAN FORGIVENESS.
Section 209 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(i) This section does not prohibit--
``(1) a public or private institution of higher education
from providing an officer or employee of the executive branch
of the United States Government, of any independent agency of
the United States, or of the District of Columbia who is a
current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
providing forbearance of student loan repayment: Provided,
that such repaying or providing forbearance--
``(A) is not provided exclusively to officers and employees
of the executive branch of the United States Government, of
any independent agency of the United States, and of the
District of Columbia; and
``(B) is provided to any such officer or employee--
``(i) in accordance with a written, published policy of the
institution relating to repaying or providing forbearance,
respectively, for students who perform public service; and
``(ii) under the same terms and conditions as are available
under such policy to other students of the institution who
are performing public service and who qualify for such
repayment or forbearance; and
``(2) an officer or employee of the executive branch of the
United States Government, of any independent agency of the
United States, or of the District of Columbia from receiving
repayment or forbearance permitted under paragraph (1).''.
PART E--STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
SEC. 961. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by inserting the
following after subsection (b):
``(c) Minority Serving Institution Digital and Wireless
Technology Opportunity Program.--
``(1) In general.--The Secretary shall establish a Minority
Serving Institution Digital and Wireless Technology
Opportunity Program to assist eligible institutions in
acquiring, and augmenting their use of, digital and wireless
networking technologies to improve the quality and delivery
of educational services at eligible institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network
technology, wireless technology, and infrastructure to
further the objective of the Program described in paragraph
(1);
``(B) to develop and provide training, education, and
professional development programs, including faculty
development, to increase the use of, and usefulness of,
digital and wireless networking technology;
``(C) to provide teacher education, including the provision
of preservice teacher training and in-service professional
development at eligible institutions, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use digital and wireless
networking technology in the classroom or instructional
process, including instruction in science, mathematics,
engineering, and technology subjects;
``(D) to obtain capacity-building technical assistance,
including through remote technical support, technical
assistance workshops, and distance learning services; and
``(E) to foster the use of digital and wireless networking
technology to improve research and education, including
scientific, mathematics, engineering, and technology
instruction.
[[Page H733]]
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a grant,
cooperative agreement, or contract under this subsection, an
eligible institution shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application,
at a minimum, shall include a description of how the funds
will be used, including a description of any digital and
wireless networking technology to be acquired, and a
description of how the institution will ensure that digital
and wireless networking will be made accessible to, and
employed by, students, faculty, and administrators. The
Secretary, consistent with subparagraph (C) and in
consultation with the advisory council established under
subparagraph (B), shall establish procedures to review such
applications. The Secretary shall publish the application
requirements and review criteria in the Federal Register,
along with a statement describing the availability of funds.
``(B) Advisory council.--The Secretary shall establish an
advisory council to advise the Secretary on the best
approaches to encourage maximum participation by eligible
institutions in the program established under paragraph (1),
and on the procedures to review proposals submitted to the
program. In selecting the members of the advisory council,
the Secretary shall consult with representatives of
appropriate organizations, including representatives of
eligible institutions, to ensure that the membership of the
advisory council includes representatives of minority
businesses and eligible institution communities. The
Secretary shall also consult with experts in digital and
wireless networking technology to ensure that such expertise
is represented on the advisory council.
``(C) Review panels.--Each application submitted under this
subsection by an eligible institution shall be reviewed by a
panel of individuals selected by the Secretary to judge the
quality and merit of the proposal, including the extent to
which the eligible institution can effectively and
successfully utilize the proposed grant, cooperative
agreement, or contract to carry out the program described in
paragraph (1). The Secretary shall ensure that the review
panels include representatives of minority serving
institutions and others who are knowledgeable about eligible
institutions and technology issues. The Secretary shall
ensure that no individual assigned under this subsection to
review any application has a conflict of interest with regard
to that application. The Secretary shall take into
consideration the recommendations of the review panel in
determining whether to award a grant, cooperative agreement,
or contract to an eligible institution.
``(D) Information dissemination.--The Secretary shall
convene an annual meeting of eligible institutions receiving
grants, cooperative agreements, or contracts under this
subsection to foster collaboration and capacity-building
activities among eligible institutions.
``(E) Matching requirement.--The Secretary may not award a
grant, cooperative agreement, or contract to an eligible
institution under this subsection unless such institution
agrees that, with respect to the costs incurred by the
institution in carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the grant,
cooperative agreement, or contract awarded by the Secretary,
or $500,000, whichever is the lesser amount. The Secretary
shall waive the matching requirement for any institution or
consortium with no endowment, or an endowment that has a
current dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution that receives a
grant, cooperative agreement, or contract under this
subsection that exceeds $2,500,000 shall not be eligible to
receive another grant, cooperative agreement, or contract.
``(ii) Consortia.--Grants, cooperative agreements, and
contracts may only be awarded to eligible institutions.
Eligible institutions may seek funding under this subsection
for consortia which may include other eligible institutions,
a State or a State education agency, local education
agencies, institutions of higher education, community-based
organizations, national nonprofit organizations, or
businesses, including minority businesses.
``(iii) Planning grants.--The Secretary may provide funds
to develop strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In awarding grants,
cooperative agreements, and contracts to eligible
institutions, the Secretary shall ensure, to the extent
practicable, that awards are made to all types of
institutions eligible for assistance under this subsection.
``(v) Need.--In awarding funds under this subsection, the
Secretary shall give priority to the institution with the
greatest demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from recipients.--Each
institution that receives a grant, cooperative agreement, or
contract awarded under this subsection shall provide an
annual report to the Secretary on its use of the grant,
cooperative agreement, or contract.
``(ii) Independent assessment.--Not later than 6 months
after the date of enactment of this subsection, the Secretary
shall enter into a contract with the National Academy of
Public Administration to conduct periodic assessments of the
program. The Assessments shall be conducted once every 3
years during the 10-year period following the enactment of
this subsection. The assessments shall include an evaluation
of the effectiveness of the program in improving the
education and training of students, faculty and staff at
eligible institutions that have been awarded grants,
cooperative agreements, or contracts under the program; an
evaluation of the effectiveness of the program in improving
access to, and familiarity with, digital and wireless
networking technology for students, faculty, and staff at all
eligible institutions; an evaluation of the procedures
established under paragraph (3)(A); and recommendations for
improving the program, including recommendations concerning
the continuing need for Federal support. In carrying out its
assessments, the National Academy of Public Administration
shall review the reports submitted to the Secretary under
clause (i).
``(iii) Report to congress.--Upon completion of each
independent assessment carried out under clause (ii), the
Secretary shall transmit the assessment to Congress along
with a summary of the Secretary's plans, if any, to implement
the recommendations of the National Academy of Public
Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking technology.--The term
`digital and wireless networking technology' means computer
and communications equipment and software that facilitates
the transmission of information in a digital format.
``(ii) Eligible institution.--The term `eligible
institution' means an institution that is--
``(I) a historically Black college or university that is a
part B institution, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)), an
institution described in section 326(e)(1)(A), (B), or (C) of
that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a
consortium of institutions described in this subparagraph;
``(II) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5));
``(III) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)(3));
``(IV) an Alaska Native-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher education (as defined in
section 365 of the Higher Education Act of 1965 (20 U.S.C.
1067k)) with an enrollment of needy students (as defined in
section 312(d) of the Higher Education Act of 1965 (20 U.S.C.
1058(d))).
``(iii) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(iv) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term `minority business'
includes HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act (15 U.S.C. 632(p))).
``(vi) Minority individual.--The term `minority individual'
means an American Indian, Alaskan Native, Black (not of
Hispanic origin), Hispanic (including persons of Mexican,
Puerto Rican, Cuban and Central or South American origin), or
Pacific Islander individual.
``(vii) State.--The term `State' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(viii) State educational agency.--The term `State
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 962. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out section 5(c) of the Stevenson-Wydler
Technology Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Private Student Loan
Transparency and Improvement Act of 2007''.
SEC. 1002. DEFINITIONS.
As used in this title--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System;
(2) the term ``covered educational institution''--
(A) means any educational institution that offers a
postsecondary educational degree, certificate, or program of
study (including any institution of higher education); and
(B) includes an agent or employee of the educational
institution;
(3) the terms ``Federal banking agencies'' and
``appropriate Federal banking agency'' have the same meanings
as in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
(4) the term ``institution of higher education'' has the
same meaning as in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002);
(5) the term ``postsecondary educational expenses'' means
any of the expenses that are included as part of the cost of
attendance of a student, as defined under section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll);
(6) the term ``private educational lender'' means any
creditor (as defined in section 103 of the Truth in Lending
Act) which solicits, makes, or extends private educational
loans; and
(7) the term ``private educational loan''--
(A) means a loan provided by a private educational lender
that--
(i) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
[[Page H734]]
(ii) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
(B) does not include an extension of credit under an open
end consumer credit plan, a residential mortgage transaction
(as those terms are defined in section 103 of the Truth in
Lending Act), or any other loan that is secured by real
property or a dwelling.
SEC. 1003. REGULATIONS.
The Board shall issue final regulations to implement this
title and the amendments made by this title not later than
180 days after the date of enactment of this title.
SEC. 1004. EFFECTIVE DATES.
This title and the amendments made by this title shall
become effective 180 days after the date on which regulations
to carry out this title and the amendments made by this title
are issued in final form.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT.
(a) In General.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``Sec. 140. Preventing unfair and deceptive private
educational lending practices and eliminating conflicts of
interest
``(a) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Covered educational institution.--The term `covered
educational institution'--
``(A) means any educational institution that offers a
postsecondary educational degree, certificate, or program of
study (including any institution of higher education); and
``(B) includes an agent or employee of the educational
institution.
``(2) Gift.--The term `gift'--
``(A) means any gratuity, favor, discount, entertainment,
hospitality, loan, or other item having a monetary value of
more than a de minimis amount, including a gift of services,
transportation, lodging, or meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred;
``(B) does not include--
``(i) standard informational material related to a loan or
financial literacy (such as a brochure);
``(ii) food, refreshments, training, or informational
material furnished to an employee or agent of a covered
educational institution, as an integral part of a training
session that is designed to improve the service of the
private educational lender to the covered educational
institution, if such training contributes to the professional
development of the employee or agent of the covered
educational institution; or
``(iii) favorable terms, conditions, and borrower benefits
on an educational loan provided to a student employed by the
covered educational institution if such terms, conditions, or
benefits are comparable to those provided to all students of
the institution; and
``(C) includes a gift to a family member of an officer,
employee, or agent of a covered institution, or a gift to any
other individual based on that individual's relationship with
the officer, employee, or agent, if--
``(i) the gift is given with the knowledge and acquiescence
of the officer, employee, or agent; and
``(ii) the officer, employee, or agent has reason to
believe the gift was given because of the official position
of the officer, employee, or agent.
``(3) Institution of higher education.--the term
`institution of higher education' has the same meaning as in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(4) Postsecondary educational expense.--The term
`postsecondary educational expenses' means any of the
expenses that are included as part of the cost of attendance
of a student, as defined under section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
``(5) Private educational lender.--The term `private
educational lender' means a creditor which solicits, makes,
or extends private educational loans.
``(6) Private educational loan.--The term `private
educational loan'--
``(A) means a loan provided by a private educational lender
that--
``(i) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
``(ii) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
``(B) does not include an extension of credit under an open
end consumer credit plan, a residential mortgage transaction,
or any other loan that is secured by real property or a
dwelling.
``(7) Revenue sharing.--the term `revenue sharing' means an
arrangement between a covered educational institution and a
private educational lender under which--
``(A) a private educational lender provides or issues
private educational loans to students attending the covered
educational institution or to the parents of such students;
``(B) the covered educational institution recommends to
students or others the private educational lender or the
private educational loans of the private educational lender;
and
``(C) the private educational lender pays a fee or provides
other material benefits, including profit or revenue sharing,
to the covered educational institution or to the officers,
employees, or agents of the covered educational institution
in connection with the private educational loans provided to
students attending the covered educational institution or a
borrower acting on behalf of a student.
``(b) Prohibition on Certain Gifts and Arrangements.--A
private educational lender, including any officer or employee
thereof, may not, directly or indirectly--
``(1) offer or provide any gift to a covered educational
institution or a covered educational institution employee,
nor may such covered educational institution, officer, or
employee receive any such gift, in exchange for any advantage
or consideration provided to such private educational lender
related to its private educational loan activities; or
``(2) engage in revenue sharing with a covered educational
institution.
``(c) Prohibition on Co-Branding.--A private educational
lender may not use the name, emblem, mascot, or logo of the
covered educational institution, or other words, pictures, or
symbols readily identified with the covered educational
institution, in the marketing of private educational loans in
any way that implies that the covered educational institution
endorses the private educational loans offered by the lender.
``(d) Ban on Participation on Advisory Councils.--
``(1) In general.--An officer, employee, or agent who is
employed in the financial aid office of a covered
institution, or who otherwise has responsibilities with
respect to private educational loans, shall not serve on or
otherwise participate with advisory councils of private
educational lenders or affiliates of such lenders.
``(2) Rules of construction.--No provision of this
subsection shall be construed as--
``(A) prohibiting private educational lenders from seeking
advice from covered institutions or groups of covered
institutions (including through telephonic or electronic
means, or a meeting) in order to improve products and
services for borrowers, to the extent that no gifts or
compensation (including for transportation, lodging, or
related expenses) are provided by private educational lenders
in connection with seeking this advice from such
institutions; or
``(B) prohibiting an employee, officer, or agent of a
covered institution from serving on the board of directors of
a private educational lender, if required by State law.
``(e) Prohibition on Prepayment or Repayment Fees or
Penalty.--It shall be unlawful for any private educational
lender to impose a fee or penalty on a borrower, directly or
indirectly, for early repayment or prepayment, of any private
educational loan.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after
the item relating to section 139 the following new item:
``140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.''.
SEC. 1012. CIVIL LIABILITY.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``or section 128(e)(8)''
after ``section 125''; and
(B) in the fourth sentence of the undesignated matter at
the end--
(i) by striking ``125 or'' and inserting ``125,''; and
(ii) by inserting ``or of section 128(e),'' before ``or for
failing''; and
(2) in subsection (e), by inserting before the first
period, the following: ``or, in the case of a violation
involving a private educational loan, 1 year from the date on
which the first regular payment of principal is due under the
loan''.
Subtitle B--Improved Disclosures for Private Educational Loans
SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND
LIMITATIONS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is
amended by adding at the end the following new subsection:
``(e) Terms and Disclosure With Respect to Private
Educational Loans.--
``(1) Disclosures required in private educational loan
applications and solicitations.--In any application for a
private educational loan, or a solicitation for a private
educational loan without requiring an application, the
creditor shall disclose to the borrower, clearly and
conspicuously--
``(A) the potential range of rates of interest applicable
to the private educational loan;
``(B) whether the rate of interest applicable to the
private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof;
``(D) requirements for a co-borrower, including any changes
in the applicable interest rates without a co-borrower;
``(E) potential finance charges, late fees, penalties, and
adjustments to principal, based on defaults or late payments
of the borrower;
``(F) fees or range of fees applicable to the private
educational loan;
``(G) the term of the private educational loan;
``(H) whether interest will accrue while the student to
whom the private educational loan relates is enrolled at an
institution of higher education;
``(I) payment deferral options, including whether the
deferment would apply to interest or principal, or both;
``(J) general eligibility criteria for the private
educational loan;
``(K) an example of the total cost of the private
educational loan over the life of the loan--
[[Page H735]]
``(i) which shall be calculated using the principal amount
and the maximum rate of interest actually offered by the
creditor; and
``(ii) calculated both with and without capitalization of
interest, if that is an option for postponing interest
payments;
``(L) a statement that an institution of higher education
may have school-specific educational loan benefits and terms
not detailed on the disclosure form;
``(M) that the borrower may qualify for Federal financial
assistance through a program under title IV of the Higher
Education Act of 1965, in lieu of, or in addition to, a loan
from a non-Federal source;
``(N) the interest rates available with respect to such
Federal financial assistance through a program under title IV
of the Higher Education Act of 1965;
``(O) that the consumer may obtain additional information
concerning such Federal financial assistance from their
institution of higher education or at the website of the
Department of Education;
``(P) that, as provided in paragraph (6)--
``(i) the borrower shall have up to 30 calendar days
following the date on which the application for the private
educational loan is approved and the borrower receives the
disclosure documents required under this subsection for the
loan to accept the terms of the private educational loan and
consummate the transaction; and
``(ii) except for changes based on adjustments to the index
used for a loan, the rates and terms of the loan may not be
changed by the creditor during that 30-day period; and
``(Q) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(2) Written acknowledgment of receipt.--In each case in
which a disclosure is provided pursuant to paragraph (1) and
an application initiated, a creditor shall obtain a written
acknowledgment from the consumer that the consumer has read
and understood the disclosure.
``(3) Disclosures at the time of private educational loan
approval.--Subject to the rules of the Board,
contemporaneously with the approval of a private educational
loan application, and before the loan transaction is
consummated, the creditor shall disclose to the borrower,
clearly and conspicuously--
``(A) the applicable rate of interest in effect on the date
of approval;
``(B) whether the rate of interest applicable to the
private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof;
``(D) the initial approved principal amount;
``(E) applicable finance charges, late fees, penalties, and
adjustments to principal, based upon borrower defaults or
late payments;
``(F) the maximum term under the private educational loan
program;
``(G) an estimate of the total amount for repayment, at
both the interest rate in effect on the date of approval and
at the maximum possible rate of interest actually offered by
the creditor, to the extent that such maximum rate may be
determined, or if not, a good faith estimate thereof;
``(H) any principal and interest payments required while
the student to whom the private educational loan relates is
enrolled at an institution of higher education and interest
which will accrue during such enrollment;
``(I) payment deferral options, including whether the
deferment would apply to interest or principal, or both;
``(J) whether monthly payments are graduated;
``(K) that, as provided in paragraph (7)--
``(i) the borrower shall have up to 30 calendar days
following the date on which the application for the private
educational loan is approved and the borrower receives the
disclosure documents required under this subsection for the
loan to accept the terms of the private educational loan and
consummate the transaction; and
``(ii) except for changes based on adjustments to the index
used for a loan, the rates and terms of the loan may not be
changed by the creditor during that 30-day period;
``(L) that the borrower may qualify for Federal financial
assistance through a program under title IV of the Higher
Education Act of 1965, in lieu of, or in addition to, a loan
from a non-Federal source;
``(M) the interest rates available with respect to such
Federal financial assistance through a program under title IV
of the Higher Education Act of 1965;
``(N) the maximum monthly payment, calculated using the
maximum rate of interest actually offered by the creditor, to
the extent that such maximum rate may be determined, or if
not, a good faith estimate thereof; and
``(O) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(4) Provision of information.--Before a creditor may
issue any funds with respect to an extension of credit
described in paragraph (1) for an amount equal to more than
$1,000, the creditor shall notify the relevant institution of
higher education, in writing, of the proposed extension of
credit and the amount thereof.
``(5) Disclosures at the time of private educational loan
consummation.--Subject to the regulations prescribed by the
Board, contemporaneously with the consummation of a private
educational loan, the creditor shall make each of the
disclosures described in subparagraphs (A) through (J) and
(L) through (O) of paragraph (3) to the borrower.
``(6) Format of disclosures.--Disclosures required under
paragraphs (1), (3), and (5) shall appear in a clearly
legible, uniform format, subject to section 122(c).
``(7) Effective period of approved rate of interest and
loan terms.--
``(A) In general.--With respect to a private educational
loan, the borrower shall have the right to accept the terms
of the loan and consummate the transaction at any time within
30 calendar days following the date on which the application
for the private educational loan is approved and the borrower
receives the disclosure documents required under this
subsection for the loan, and the rates and terms of the loan
may not be changed by the creditor during that period,
subject to the rules of the Board.
``(B) Prohibition on changes.--Except for changes based on
adjustments to the index used for a loan, the rates and terms
of the loan may not be changed by the creditor prior to the
earlier of--
``(i) the date of acceptance of the terms of the loan and
consummation of the transaction by the borrower, as described
in subparagraph (A); or
``(ii) the expiration of the 30-day period referred to in
subparagraph (A).
``(C) Prohibition on disbursement.--No funds may be
disbursed with respect to a private educational loan until
acceptance of the loan by the borrower under subparagraph (A)
and the expiration of the 3-day period under paragraph (7).
``(8) Right to cancel.--With respect to a private
educational loan, the borrower may cancel the loan, without
penalty to the borrower, at any time within 3 business days
of the date on which the loan is consummated, subject to the
rules of the Board. No funds may be transferred to the
borrower during that 3-day period.
``(9) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Institution of higher education.--The term
`institution of higher education' has the same meaning as in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(B) Private educational lender.--The term `private
educational lender' means any creditor engaged in the
business of soliciting, making, or extending private
educational loans.
``(C) Private educational loan.--The term `private
educational loan'--
``(i) means a loan provided by a private educational lender
that--
``(I) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
``(II) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
``(ii) does not include an extension of credit under an
open end consumer credit plan, a reverse mortgage
transaction, a residential mortgage transaction, or any other
loan that is secured by real property or a dwelling.''.
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE
EDUCATIONAL LOANS.
Section 104(3) of the Truth in Lending Act (15 U.S.C.
1603(3)) is amended by inserting ``and other than private
educational loans (as that term is defined in section
140(a))'' after ``consumer''.
Subtitle C--Financial Literacy
SEC. 1031. COORDINATED EDUCATION EFFORTS.
(a) In General.--The Secretary of the Treasury (in this
section referred to as the ``Secretary''), in coordination
with the Secretary of Education, the Secretary of Agriculture
(with respect to land grant covered educational
institutions), and any other appropriate agency that is a
member of the Financial Literacy and Education Commission
established under the Financial Literacy and Education
Improvement Act (20 U.S.C. 9701 et seq.), shall seek to
enhance financial literacy among students at institutions of
higher education through--
(1) the development of initiatives, programs, and curricula
that improve student awareness of the short- and long-term
costs associated with educational loans and other debt
assumed while in college, their repayment obligations, and
their rights as borrowers; and
(2) assisting such students in navigating the financial aid
process.
(b) Duties.--For purposes of this section, the Secretary,
working in conjunction with the Secretary of Education, the
Secretary of Agriculture, and the Financial Literacy and
Education Commission, shall--
(1) identify programs that promote or enhance financial
literacy for college students, with specific emphasis on
programs that impart the knowledge and ability for students
to best navigate the financial aid process, including those
that involve partnerships between nonprofit organizations,
colleges and universities, State and local governments, and
student organizations;
(2) evaluate the effectiveness of such programs in terms of
measured results, including positive behavioral change among
college students;
(3) promote the programs identified as being the most
effective; and
(4) encourage institutions of higher education to implement
financial education programs for their students, including
those that have the highest evaluations.
(c) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this title, the Financial Literacy and Education
Commission shall submit a report to Congress on the state of
financial education among students at institutions of higher
education.
(2) Content.--The report required by this subsection shall
include a description of
[[Page H736]]
progress made in enhancing financial education with respect
to student understanding of financial aid, including the
programs and evaluations required by this section.
(3) Appearance before congress.--The Secretary shall, upon
request, provide testimony before the Committee on Banking,
Housing, and Urban Affairs of the Senate concerning the
report required by this subsection.
Subtitle D--Study and Report on Nonindividual Information
SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller'') conduct
a study--
(1) on the impact on and benefits to borrowers of the
inclusion of nonindividual factors, including cohort default
rate, accreditation, and graduation rate at institutions of
higher education, used in the underwriting criteria to
determine the pricing of private educational loans;
(2) to examine whether and to what extent the inclusion of
such nonindividual factors--
(A) increases access to private educational loans for
borrowers who lack credit history or results in less
favorable rates for such borrowers; and
(B) impacts the types of private educational loan products
and rates available at certain institutions of higher
education, including a comparison of such impact--
(i) on private and public institutions; and
(ii) on historically Black colleges and universities
(defined for purposes of this section as a ``part B
institution'', within the meaning of section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)) and other
colleges and universities; and
(3) to assess the extent to which the use of such
nonindividual factors in underwriting may have a disparate
impact on the pricing of private educational loans, based on
gender, race, income level, and institution of higher
education.
(b) Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller shall submit a
report to Congress on the results of the study required by
this section.
Subtitle E--Incentives For Low-Cost Educational Loans
SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS.
Section 804 of the Community Reinvestment Act of 1977 (12
U.S.C. 2903) is amended by adding at the end the following
new subsection:
``(d) Low-Cost Educational Loans.--In assessing and taking
into account, under subsection (a), the record of a financial
institution, the appropriate Federal financial supervisory
agency shall consider, as a factor, low-cost educational
loans provided by the financial institution to low-income
borrowers.''.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-523 and amendments en bloc
described in section 3 of House Resolution 956. Each amendment shall be
considered only in the order printed in the report; by a Member
designated in the report; shall be considered read; shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent of the amendment; shall not be subject to
amendment; and shall not be subject to a demand for division of the
question.
It shall be in order at any time for the chairman of the Committee on
Education and Labor or his designee to offer amendments en bloc
consisting of amendments printed in the report not earlier disposed of.
Amendments en bloc shall be considered read; shall be debatable for 10
minutes, equally divided and controlled by the chairman and ranking
minority member or their designees; shall not be subject to amendment;
and shall not be subject to a demand for division of the question.
The original proponent of an amendment included in amendments en bloc
shall insert may insert a statement in the Congressional Record
immediately before disposition of the amendments en bloc.
Amendment No. 1 Offered by Mr. George Miller of California
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-523.
Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. George Miller of California:
Page 12, after line 16, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(1) in subsection (a)(1), by inserting before the semicolon
the following: ``, or persons who meet the requirements of
section 484(d)(3)'';
Page 15, line 2, strike ``and eligible'' and insert ``or
eligible''.
Page 17, line 23, strike ``1988))'' and insert ``1988)); as
updated by the Secretary from time to time and published in
the Federal Register,''.
Page 18, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(19) Disconnected students.--The term `disconnected
students' means students who are--
``(A) homeless children and youths, as such term is defined
in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a);
``(B) orphans, in foster care, or wards of the court, or
who were in foster care or were wards of the court until the
students reached the age of 16;
``(C) adjudicated or convicted juveniles, or who were
adjudicated juveniles until the juveniles reached the upper
age of juvenile court jurisdiction, or who were convicted
juveniles who completed the sentence for the juvenile
conviction prior to reaching the age of majority; or
``(D) pregnant or parenting youth.
Page 37, beginning on line 22, strike ``The Secretary'' and
insert ``Not later than 90 days after the Secretary receives
the information required under paragraph (2), the
Secretary''.
Page 39, beginning on line 7, strike subsection (a) and
insert the following:
``(a) Maintenance of Effort Required.--A State shall
provide--
``(1) for public institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is equal to or greater than the average
amount provided for non-capital and non-direct research and
development expenses or costs by such State to such
institutions of higher education during the 5 most recent
preceding academic years for which satisfactory data are
available; and
``(2) for private institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is equal to or greater than the average
amount provided for student financial aid for paying costs
associated with postsecondary education by such State to such
institutions during the 5 most recent preceding academic
years for which satisfactory data are available.
Page 39, line 23, after ``precipitous'' insert ``and
unforeseen''.
Page 41, beginning on line 1, strike section 109 through
page 54, line 24, and insert the following:
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
(a) Amendment to Title I.--Part C of title I (20 U.S.C.
1015) is amended by adding after section 132 (as added by
section 108 of this Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) College Affordability and Transparency Lists.--
Effective July 1, 2011, the Secretary shall annually update
and make publicly available on the College Navigator website,
in a manner that is sortable by State, the following lists:
``(1) A list of the top 5 percent of the institutions in
each category (as defined by subsection (b)) that have the
highest tuition and fees.
``(2) A list of the top 5 percent of the institutions in
each such category that have the lowest tuition and fees.
``(3) A list of the top 5 percent of the institutions in
each such category that have the largest increase, expressed
as a percentage change, in their tuition and fees over the
most recent three year period for which satisfactory data is
available.
``(b) Categories of Institutions.--The following categories
shall be used in compiling the information in subsection (a):
``(1) 4-year public institutions of higher education.
``(2) 4-year private, nonprofit institutions of higher
education.
``(3) 4-year private, for-profit institutions of higher
education.
``(4) 2-year public institutions of higher education.
``(5) 2-year private, nonprofit institutions of higher
education.
``(6) 2-year private, for-profit institutions of higher
education.
``(7) Less than 2-year public institutions of higher
education.
``(8) Less than 2-year private, nonprofit institutions of
higher education.
``(9) Less than 2-year private, for-profit institutions of
higher education.
``(10) All types of institutions described in paragraphs
(1) through (9).
``(c) Institution Reports.--If an institution of higher
education appears on the list described in subsection (a)(3),
the institution or a representative association designated by
the institution shall submit to the Secretary the following
information:
``(1) A description of the factors contributing to the
increase in the institution's tuition and fees, including an
identification of the major areas in the institution's budget
with the greatest cost increases.
``(2) If determinations of tuition and fee increases are
not within the exclusive control of the institution, a
description of the agency or instrumentality of State
government or other entity that participates in such
determinations, and the authority exercised by such agency,
instrumentality, or entity.
``(d) Quality Efficiency Task Forces.--Each institution
that is required to submit information by subsection (c)
shall establish a quality-efficiency task force to--
``(1) review the operations of such institution;
[[Page H737]]
``(2) analyze institutional operating costs in comparison
with such costs at other institutions within the same
category of institutions;
``(3) identify areas where, in comparison with other
institutions in such category, the institution operates more
expensively to produce a similar result;
``(4) conduct an in-depth analysis of such identified areas
for cost reduction opportunities; and
``(5) submit a report to the Secretary and the institution
on the results of the review and analysis conducted under
this subsection.
``(e) Information to the Public.--The Secretary shall
compile the information submitted under subsections (c) and
(d) and shall submit an annual report summarizing such
information to the authorizing committees and publish such
report on the College Navigator website.
``(f) Exemptions.--An institution shall not be placed on
the list required under subsection (a)(3) and shall not be
subject to the reporting in subsection (c) if, for the 3-year
interval described in subsection (a)(3) the institution meets
the following criteria:
``(1) With respect to the category of institutions
described in subsection (b) to which the institution belongs,
the computed price of the institution is in the lowest
quartile of institutions within such category, as determined
by the Secretary, during the last year of such 3-year
interval.
``(2) The dollar amount of the institution's increase in
its full price, as computed under subsection (a)(3), is less
than $500 for such 3-year interval.
``(g) State Higher Education Appropriations Chart.--The
Secretary shall annually report on the College Navigator
website, in charts for each State--
``(1) a comparison of--
``(A) the percentage change in State appropriations per
full-time equivalent student in each public institution of
higher education in the State for each of the 5 most recent
preceding academic years; to
``(B) the percentage change in tuition and fees for each
public institution of higher education in the State for each
of the 5 most recent preceding academic years; and
``(2) the total amount of need-based and merit-based aid
provided by the State to full-time equivalent students
attending an institution of higher education in the State.
``(h) Availability of Net Price Information.--
``(1) Net price.--In this section, the term `net price'
means the average yearly tuition and fees actually charged to
a full-time undergraduate student receiving student aid at an
institution of higher education, after deduction of any
discounts and Federal and State aid, and any other
institutional aid, that reduce the full price of tuition and
fees at the institution, as determined in accordance with
regulations prescribed by the Secretary.
``(2) Net price calculator.--
``(A) Development.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with institutions
of higher education, develop a net price calculator to help
students, families, and consumers determine the net price of
an institution of higher education. The calculator shall be
developed in a manner that permits students to determine an
estimate of their individual net price of attendance for an
institution.
``(B) Use of net price calculator by institutions.--Not
later than 3 years after the date of enactment of the College
Opportunity and Affordability Act of 2007, each institution
of higher education that receives Federal funds under this
Act shall adopt and make available for use on the
institution's website the net price calculator developed
under subparagraph (A) to help students, families, and other
consumers determine the net price of such institution of
higher education.
``(i) Postsecondary Education Price Indices.--Not later
than 1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the Bureau of
Labor Statistics, in consultation with the Commissioner of
Education Statistics and representatives of institutions of
higher education, shall develop, for inclusion in the higher
education pricing summary page required under subsection
(j)(3), postsecondary education price indices that accurately
reflect the annual change in tuition and fees for
undergraduate students in the categories of institutions
described in subsection (b). Such indices shall be updated
annually. Prior to the completion of the postsecondary
education price indices, the Secretary is authorized to use
an alternative, comparable index or indices.
``(j) Consumer Cost Information.--
``(1) Information from institutions.--Not later than 1 year
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall post on the
College Navigator website and make available to institutions
of higher education, students, families, and other consumers,
in a consumer-friendly manner, the following information
about each institution of higher education for the most
recent academic year for which the Secretary has available
data:
``(A) A statement of the institution's mission and
specialties.
``(B) Total number of undergraduate students who applied,
were admitted, and enrolled at the institution.
``(C) Where applicable, reading, writing, mathematics, and
combined scores on the SAT or ACT for the middle 50 percent
range of the institution's freshman class.
``(D) Enrollment of full-time, part-time, and transfer
students at the institution, at the undergraduate and (where
applicable) graduate levels.
``(E) Percentage of male and female undergraduate students
enrolled at the institution.
``(F) Percentage of enrolled undergraduate students from
the State in which the institution is located, from other
States, and from other countries.
``(G) Percentage of enrolled undergraduate students at the
institution by race and ethnic background.
``(H) Percentage of enrolled undergraduate students at the
institution registered with the office of disability services
(or equivalent department) as students with disabilities.
``(I) Retention rates for full-time and part-time first-
time, first-year undergraduate students enrolled at the
institution.
``(J) Average time to degree or certificate completion for
first-time, first-year undergraduate students enrolled at the
institution.
``(K) Percentage of enrolled undergraduate students who
graduate within 2 years (in the case of 2-year institutions),
and 4, 5, and 6 years (in the case of 2-year and 4-year
institutions), including by income category, as defined in
paragraph (4).
``(L) Number of students who obtained a certificate or an
associates, bachelors, masters, or doctoral degree at the
institution.
``(M) Undergraduate major areas of study with the highest
number of degrees awarded.
``(N) The student-faculty ratio, and number of full-time,
part-time, and adjunct faculty, and graduate teaching and
research assistants with instructional responsibilities, at
the institution.
``(O) Percentage of faculty at the institution with the
highest degree in their field.
``(P) Percentage change in total price in tuition and fees
and the net price for an undergraduate at the institution in
each of the 3 most recent preceding academic years.
``(Q) Total average annual cost of tuition and fees, room
and board, and books and other related costs for an
undergraduate student enrolled at the institution, for--
``(i) full-time undergraduate students living on campus;
``(ii) full-time undergraduate students living off campus;
and
``(iii) in the case of students attending a public
institution of higher education, such costs for in-State and
out-of-State students living on and off campus.
``(R) Average annual grant amount (including Federal,
State, and institutional aid) broken down by income category
as defined in paragraph (4) for a student enrolled at the
institution.
``(S) Average annual amount of Federal student loans, and
other loans provided through the institution, to
undergraduate students enrolled at the institution.
``(T) Total annual grant aid available to undergraduate
students enrolled at the institution, from the Federal
Government, a State, the institution, and other sources.
``(U) Percentage of undergraduate students enrolled at the
institution receiving Federal, State, and institutional
grants, student loans, and any other type of student
financial assistance provided publicly or through the
institution, such as Federal work-study funds.
``(V) Number of students receiving Federal Pell Grants at
the institution.
``(W) Average net price of the institution calculated for
each income category, as defined in paragraph (4), for each
of the 3 most recent preceding academic years.
``(X) Percentage of first-year undergraduate students
enrolled at the institution who live on campus and off
campus.
``(Y) The institution's cohort default rate, as defined
under section 435(m).
``(Z) Information on the policies of the institution
related to transfer of credit from other institutions.
``(AA) Information on campus safety required to be
collected under section 485(f).
``(BB) Links to the appropriate sections of the
institution's website that provide information on student
activities offered by the institution, such as
intercollegiate sports, student organizations, study abroad
opportunities, intramural and club sports, specialized
housing options, community service opportunities, cultural
and arts opportunities on campus, religious and spiritual
life on campus, and lectures and outside learning
opportunities.
``(CC) Links to the appropriate sections of the
institution's website that provide information on services
offered by the institution to students during and after
college, such as internship opportunities, career and
placement services, and preparation for further education.
``(2) Data collection.--The Commissioner of Education
Statistics shall continue to redesign the relevant parts of
the Integrated Postsecondary Education Data System to include
additional data as required by this subsection and to
continue to improve the usefulness and timeliness of data
collected by such System in order to inform consumers about
institutions of higher education.
``(3) Higher education pricing summary page.--The Secretary
shall make publicly available on an annual basis, in a
sortable
[[Page H738]]
and searchable electronic format on the College Navigator
website, a list of all institutions of higher education
participating in aid programs under title IV of this Act that
includes for each such institution:
``(A) The undergraduate tuition and fees for the upcoming
academic year.
``(B) The average annual net price by income category, as
defined in paragraph (4), over the 3 most recent preceding
academic years.
``(C) The average annual percentage change and dollar
change in such institution's tuition and fees over the 3 most
recent preceding academic years.
``(D) The average annual percentage change and dollar
change in such institution's per student instructional
spending over the 3 most recent preceding academic years.
``(E) The difference between the average annual percentage
change in such institution's tuition and fees over the 3 most
recent preceding academic years and the postsecondary
education price indices, as defined in subsection (i).
``(F) A link to the institution information on the College
Navigator website, as detailed in paragraph (1).
``(4) Income categories.--
``(A) In general.--For purposes of reporting the
information required under this subsection and compiling
information for the net price calculator, the following
income categories shall apply:
``(i) $0-35,000;
``(ii) $35,001-70,000;
``(iii) $70,001-105,000;
``(iv) $105,001-140,000; and
``(v) $140,000 and up.
``(B) Annual adjustment.--The Secretary shall make
available to all institutions of higher education
participating in an aid program under title IV of this Act,
on an annual basis, the annual inflation adjustment for the
income categories set forth in subparagraph (A).
``(C) Impracticable reporting exemption.--An institution
that is required by this subsection to report any information
pertaining to institutional aid by income category is not
required to report such information to the extent that
reporting such information by income category is impractical
or impossible because information concerning income is not
collected from the recipients of such institutional aid.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a regular
cycle and State-by-State basis, but not less than once every
4 years--
``(A) to identify the population of students receiving
Federal student aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of federally aided students;
``(C) to describe the combinations of aid from State,
Federal, and private sources received by students from all
income groups;
``(D) to describe the debt burden of educational loan
recipients and their capacity to repay their education debts,
and the impact of such debt burden on career choices;
``(E) to describe the role played by the price of
postsecondary education in the determination by students of
what institution to attend; and
``(F) to describe how the increased costs of textbooks and
other instructional materials affects the costs of
postsecondary education to students.
``(2) Survey design.--The survey shall be representative of
full-time and part-time, undergraduate, graduate,
professional, and current and former students in all types of
institutions, and designed and administered in consultation
with the Congress and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting from
the survey in both printed and electronic form.
``(l) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.''.
(b) Sense of Congress Regarding Consumer Information About
Institutions of Higher Education.--
(1) Findings.--Congress finds that--
(A) the diversity of the American higher education systems
allows each student to find the right ``fit'' for his or her
interests and talents;
(B) while the variety of options available is one of the
great strengths of our system of higher education, it can
also be overwhelming when students and their families begin a
college search;
(C) there is a massive amount of information available
about institutions of higher education, but it is often
difficult to navigate or is scattered among several sources;
(D) the data collected and available is comprehensive;
however, there is a need to keep consumer needs in mind in
packaging the information that already exists and presenting
the information in a simple, consumer-friendly format;
(E) in particular, prospective students and their families
want a succinct overview of common key information about
institutions, with easy access to more in-depth institution-
specific information about campus life and the complete
college experience; and
(F) a variety of efforts have been initiated by colleges
and universities and others to provide web-based, consumer-
friendly information geared to prospective students and their
families.
(2) Sense of congress.--It is the sense of Congress that
institutions of higher education should participate in
efforts to provide concise, easily accessible, on-line
consumer information to prospective students and families
that is consistent across institutions while permitting
opportunities for more in-depth exploration of specific
institutions.
Page 59, line 1, after ``writing'' insert ``(which may
include electronic communications)''.
Page 59, line 9, after ``textbook'' insert ``in the
preceding 10 years''.
Page 74, line 18, strike ``August 1 of each year'' and
insert ``March 1 of each year, or such other date determined
by the Secretary,''.
Page 80, beginning on line 10, strike clause (i) and insert
the following:
``(i) Standard material, activities, or programs on issues
related to a loan, default aversion, default prevention, or
financial literacy, such as a brochure, a workshop, or
training.
Page 81, line 4, strike ``Exit'' and insert ``Entrance and
exit''.
Page 81, line 6, strike ``exit'' and insert ``entrance and
exit''.
Page 81, after line 21, insert the following:
``(vi) State education grants, scholarships, or financial
aid funds administered by or on behalf of a State.
Page 88, line 11, strike ``$25,000'' and insert
``$27,500''.
Page 88, line 13, after ``Secretary may'' insert ``impose a
civil penalty in an amount of not more than $27,500, or''.
Page 97, line 21, insert before the semicolon the
following: ``, and includes Migrant and Seasonal Head Start
and American Indian/Alaska Native Head Start''.
Page 97, line 24, after ``program'' insert ``(including a
program authorized under section 619 or part C of the
Individuals with Disabilities Education Act)''.
Page 110, line 25, strike ``or''; on page 111, line 14,
strike the period and insert ``; or' ''; and after line 14
insert the following new subparagraph:
``(C) whose participants include current teachers who seek
ongoing professional development in the subject matter
knowledge in which the teacher is assigned to teach; and
``(D) that requires the faculty of arts and sciences of the
partner institution to lead collaborative seminars for such
participants for the purpose of--
``(i) improving student learning;
``(ii) enhancing the quality of teaching and strengthening
subject matter mastery and the pedagogical skills of current
teachers through continuing professional development; and
``(iii) developing curriculum units, based on the subject
matter presented, for use in the teachers' classrooms.
Page 120, line 10, after ``techniques'' insert ``and
strategies, consistent with the principles of universal
design for learning,''.
Page 120, line 16, after ``teaching skills'' insert ``,
including the ability to effectively teach higher-order
analytical, evaluative, problem-solving, and communications
skills,''.
Page 122, line 9, strike ``and''; on line 11, after the
semicolon insert ``and''; and after line 11, insert the
following:
``(cc) effectively teach high-order analytical, evaluative,
problem solving and communications skills appropriate for the
teacher's content or specialty area;
Page 125, beginning on line 24, strike ``incentive, or
merit or performance-based pay.'' and insert ``or incentive
pay, based on their extra skills and responsibilities.''.
Page 127, line 10, after ``school'' insert ``teachers or''.
Page 127, line 12, after ``instruction for'' insert
``elementary or secondary school teachers or''.
Page 128, beginning on line 24, strike ``Modifying'' and
all that follows through page 129, line 2, and insert ``Where
feasible, attempt to place''.
Page 131, line 11, after ``based on'' insert ``, but is not
required to include all of, the''.
Page 131, line 12, strike ``teaching as'' and insert
``teaching, which may include''.
Page 134, strike lines 22 and 23 and insert the following:
``(C) Stipends; applications; agreements; repayments.--
Page 135, line 3, after the period insert ``The stipend or
salary shall be provided for no longer than 1 year.''.
Page 135, strike line 4 and all that follows through line
20 and insert the following:
``(ii) Applications for stipends.--Each teacher residency
candidate desiring a stipend or salary during the period of
residency shall submit an application to the eligible
partnership at such time, and containing such information and
assurances, as the eligible partnership may require.
``(iii) Agreements to serve.--Each application submitted
under clause (ii) shall contain or be accompanied by an
agreement that the applicant will--
``(I) serve as a full-time teacher for a total of not less
than 3 academic years after successfully completing the
teaching residency program;
``(II) teach in a high-need school served by the high-need
local educational agency in the eligible partnership;
``(III) teach in a field designated as high-need by the
eligible partnership;
``(IV) provide to the eligible partnership a certificate,
from the chief administrative officer of the school at which
the resident is
[[Page H739]]
employed, of the employment required in subclauses (I), (II),
and (III), at the beginning of, and upon completion of, each
year or partial year of service;
``(V) be a highly qualified teacher, as defined in section
9101 of the Elementary and Secondary Education Act of 1965,
when the applicant begins to fulfill the service obligation
under this clause; and
``(VI) comply with the requirements set by the eligible
partnership under clause (iv) if the applicant is unable or
unwilling to complete the service obligation required by this
clause.
``(iv) Repayments.--
``(I) In general.--An eligible partnership carrying out a
teaching residency program under this subsection shall
require a recipient of a stipend or salary under this
subparagraph who does not complete the service obligation
required by clause (iii) to repay the stipend or salary to
the eligible partnership, together with interest thereon
accruing from the date of the stipend or salary award, and in
accordance with such other terms and conditions specified by
the eligible partnership, as necessary.
``(II) Other terms and conditions.--Any other terms and
conditions specified by the eligible partnership may include
reasonable provisions for deferral of a teaching resident's
service obligation required by clause (iii) on grounds of
health, incapacitation, inability to secure employment in a
school served by the eligible partnership, or other
extraordinary circumstances.
``(III) Use of repayments.--An eligible partnership shall
use any repayment received under this clause to carry out
additional activities that are consistent with the purposes
of this subsection.
Page 136, line 8, strike ``rural school districts'' and
insert ``rural local educational agencies (as such term is
defined in section 872 of this Act)''.
Page 138, line 15, strike ``designated by the Secretary''.
Page 144, line 25, after ``instruction'' insert ``,
including technology consistent with the principles of
universal design for learning,''.
Page 157, beginning on line 2, strike ``As a condition of
receiving assistance under title IV, each'' and insert
``Each''.
Page 157, line 12, strike ``Secretary'' and insert ``State
educational agency''.
Page 157, beginning on line 19, strike ``As a condition''
and all that follows through ``title IV, each'' on line 20,
and insert ``Each''.
Page 158, line 11, before the period insert ``, as
applicable''.
Page 164, line 17, and page 165, line 3, strike ``develop
skills to enter'' and insert ``develop learning skills to
succeed in higher education and to enter''.
Page 165, line 2, after ``environments'' insert ``,
including environments consistent with the principles of
universal design for learning,''.
Page 165, line 19, insert ``or masters'' before
``degrees''.
Page 167, line 10, strike ``technology development'' and
insert ``development in the use of technology''.
Page 171, after line 5, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(6) A description of how the project--
``(A) will incorporate State teacher technology standards;
and
``(B) will incorporate State student technology standards.
Page 174, line 20, strike ``and''; page 175, line 2, strike
the period and insert a semicolon; and after line 2, insert
the following new paragraphs:
``(6) may be used to develop and apply virtual classroom
simulation and related technologies to enhance recruitment,
preparation, and retention for high-need schools in the areas
of mathematics, science, foreign languages, special
education, or teaching the English language to students who
are limited English proficient; and
``(7) may be used to develop innovative teacher preparation
programs that emphasize the essential components of reading
instruction and other strategies based on scientifically
valid research and that address early intervention strategies
for students with reading difficulty or language processing
differences.
Page 177, line 10, strike ``and''; line 13, strike the
period and insert a semicolon; and after line 13, insert the
following new paragraphs:
``(12) develop associate's degree programs with an emphasis
on the essential components of reading instruction to train
educators such as pre-service teachers, paraprofessionals,
speech-language pathology assistants, and tutors to teach
students with reading difficulties and students who learn to
read differently than their peers; and
``(13) develop licensure programs for early childhood
educators that emphasize the essential components of reading
instruction and other strategies based on scientifically
valid research, and that address strategies for early
screening and early intervention for students with reading
difficulty and who learn to read differently than their
peers.''.
Page 179, beginning on line 24, strike ``has the meaning''
and all that follows through line 25, and insert ``means a
publicly funded institution of higher education (as defined
in section 101) at which the highest degree awarded is
predominantly the associates degree.''.
Page 183, line 13, after ``teachers to'' insert ``serve in
low-performing schools and''.
Page 188, line 15, strike ``Achievement'' and insert
``Student learning''; and on lines 17 and 19, strike
``achievement'' and insert ``student learning''.
Page 189, line 3, insert after the period the following:
``Further, the peer review standards shall ensure that
reviewers have expertise in assessment systems,
accountability, and instruction.''.
Page 190, line 10, after ``childhood'' insert ``development
and''.
Page 190, strike lines 11 and 12, and redesignate the
succeeding subparagraphs accordingly.
Page 190, beginning on line 15, strike ``through age 5''
and insert ``to school entry''.
Page 192, line 4, after ``supplemental initiative,'' insert
``the State Head Start collaboration director,''.
Page 222, line 2, strike ``by regulation''.
Page 234, beginning on line 5, strike section 308 and
insert the following:
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is
amended--
(1) in paragraph (5)(G), by inserting ``by an accrediting
agency or association recognized by the Secretary of
Education'' after ``agency or association'';
(2) in paragraph (8)--
(A) is amended by striking ``the private'' and inserting
``any private''; and
(B) by inserting adding ``capital project'' after ``issuing
taxable''; and
(3) by adding at the end the following new paragraphs:
``(10) The term `eligible foundation' means a non-profit
foundation owned and sponsored by an eligible institution, or
an entity wholly owned by such a foundation.
``(11) The term `borrower' means the eligible institution
or the eligible foundation that receives funding pursuant to
a loan.''.
(b) Federal Insurance for Bonds.--
(1) Responsibilities of designated bonding authority.--
Section 343(b) (20 U.S.C. 1066b(b)) is amended--
(A) in paragraph (1), by striking ``2 percent'' and
inserting ``1 percent'';
(B) in paragraph (3)(A), by inserting ``, not to exceed 1
percent,'' after ``charge such interest'';
(C) in paragraph (8)--
(i) by inserting ``for loans closed before June 15, 2008,''
before ``establish an escrow account'';
(ii) in subparagraph (B)(ii), by inserting ``within 90
days'' after ``loan proceeds'';
(D) by striking ``and'' at the end of paragraph (10);
(E) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(F) by adding at the end the following new paragraphs:
``(12) with respect to any such loan, provide that any loan
collateralization shall not exceed 100 percent of the loan
amount; and
``(13) for loans closed after, June 15, 2008, establish a
reserve account which shall be available to the Secretary to
pay principal and interest on the bonds in the event of
delinquency in loan repayment, which reserve account shall
consist of an origination fee of 1 percent with respect to
each loan.''.
(2) Forbearance; deferment.--Section 343 is further amended
by adding at the end the follow new subsections:
``(f) Forbearance.--An insurance agreement under this
subsection shall contain provisions providing that, upon
request from the borrower and with the approval of the
Secretary in consultation with the Advisory Board, the
designated bond authority shall grant a borrower forbearance,
renewable at 12-month intervals, on terms agreed to in
writing by the parties to the loan with the approval of the
Secretary, and otherwise consistent with the regulations of
the Secretary.
``(g) Deferment.--An insurance agreement under this
subsection shall contain provisions providing that, during
construction or renovation, the Designated Bond Authority
shall grant a borrower deferment, renewable at 12-month
intervals, on terms agreed to in writing by the parties to
the loan with the approval of the Secretary in consultation
with the Advisory Board, and otherwise consistent with the
regulations of the Secretary.''.
(c) Limitations on Federal Insurance for Bonds Issued by
the Designated Bonding Authority.--Section 344(a) (20 U.S.C.
1066c(a)) is amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
(d) Authority of the Secretary.--Section 345(1) (20 U.S.C.
1066d(1)) is amended--
(1) by striking ``the Higher Education Amendments of
1992,'' and inserting ``the College Opportunity and
Affordability Act of 2007'';
(2) by striking ``and'' at the end of subparagraph (A); and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) specify up to 3 designated bonding authorities to be
authorized under this part; and
``(D) provide for periodic review of designated bonding
authority authorizations no less frequently than every 3
years;''.
(e) HBCU Capital Financing Advisory Board.--Section
347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended--
(1) by striking out ``9 members'' and inserting ``11
members'';
[[Page H740]]
(2) in subparagraph (C), by striking ``two'' and inserting
``three'';
(3) by adding at the end the following new subparagraph:
``(G) The president of the Thurgood Marshall Scholarship
Fund.''.
Page 238, beginning on line 8, strike ``this subpart'' and
all that follows through ``including'' on line 9 and insert
``this subpart. Such plan shall include, if the Secretary
determines that it is practical, an objective measure of the
impact of such projects, such as''.
Page 238, after line 19, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
(B) in subparagraph (C), by inserting before the semicolon
the following: ``, the Department of Defense, or the National
Science Foundation'';
Page 248, beginning on line 12, strike subsection (d) and
insert the following:
(d) Technical Amendments to CCRAA.--Section 401(b)(9) is
amended--
(1) by amending subparagraph (D) to read as follows:
``(D) Program requirements and operations otherwise
unaffected.--Except as provided in subparagraphs (B) and (C),
nothing in this paragraph shall be construed to alter the
requirements and operations of the Federal Pell Grant Program
as authorized under this section, or authorize the imposition
of additional requirements or operations for the
determination and allocation of Federal Pell Grants under
this section.''; and
(2) by amending subparagraph (F) to read as follows:
``(F) Availability of funds.--The amounts made available by
subparagraph (A) for any fiscal year shall be available
beginning on October 1 of that fiscal year, and shall remain
available through September 30 of the succeeding fiscal
year.''.
Page 254, line 10, insert ``and'' after the semicolon and
strike lines 11 through 14 and insert the following:
(ii) by amending subparagraph (A) to read as follows:
``(A) to synchronize the awarding of grants for programs
under this chapter, the Secretary may, under such terms as
are consistent with the purposes of this chapter, provide a
one-time, limited extension of the length of such an
award;''; and
Page 255, beginning on line 1, strike subparagraph (A) and
insert the following:
(A) in paragraph (2)--
(i) by striking ``(2) prior experience.--In'' and inserting
the following:
``(2) Considerations.--(A) Prior experience.--In'';
(ii) by striking ``service delivery'' and inserting ``high
quality service delivery, as determined under subsection
(f),''; and
(iii) by adding at the end the following new subparagraph:
``(B) Participant need.--In making grants under this
chapter, the Secretary shall consider the number,
percentages, and needs of eligible participants in the area,
college, or school or schools to be served to aid such
participants in preparing for, enrolling in, or succeeding in
college, as appropriate to the particular program for which
the eligible entity is applying.'';
Page 255, line 12, after ``foster care youth'' insert
``(including youth in foster care and youth who have left
foster care after reaching age 16)''.
Page 261, beginning on line 20, strike paragraph (5) and
insert the following:
``(5) Appeals.--(A) Upon a determination by the Secretary
not to accept an application, or upon a determination by the
Secretary through the peer review process as specified in
subsection (c)(4) not to fund an application, for any program
under this chapter, the Secretary shall allow such applicant
to appeal the funding decision. An applicant may submit a
written request for reconsideration of the application, with
appropriate documentary evidence, to the Secretary.
``(B) For appeals regarding the awarding of points for
prior experience of high quality service delivery or a
decision not to read an application or any mishandling of
such application, a panel of three Department employees
appointed by the Secretary shall review each request for
reconsideration. The panel shall review the request for the
purpose of identifying any technical errors or administrative
problems with the scoring of the application, the awarding of
prior experience points, or the handling of the application,
including any decision not to read an application. The panel
shall make its recommendations to the Secretary in writing.
``(C) For appeals regarding scoring decisions by the peer
review panel, the Secretary shall refer the application to a
second peer review panel.
``(D) In each instance, after the Secretary or the
Secretary's designee considers the recommendations of the
panel and makes a final decision, the Secretary shall notify
each entity requesting reconsideration under this paragraph
regarding the status of their appeal within 90 days after the
date the applicant submitted the appeal.'';
Page 264, after line 20, insert the following new
subsection (and redesignate the succeeding subsections
accordingly):
(b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-
12(b)(10)) is amended by inserting ``, groups of persons from
disadvantaged backgrounds that have particular lower
educational access or outcomes, or disconnected students''
after ``limited English proficiency''.
Page 264, line 25, strike ``and''; and on page 265, before
line 1, insert the following new paragraph (and redesignate
the succeeding paragraph accordingly):
(2) in subsection (b)(12), by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''; and
Page 265, beginning on line 2, strike subsection (f) and
insert the following:
``(f) Absolute Priority Prohibited in Upward Bound
Program.--Upon enactment of this subsection and except as
otherwise expressly provided by amendment to this section,
the Secretary shall not continue to implement or enforce the
absolute priority for Upward Bound Program published by the
Department of Education in the Federal Register on September
22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall
not be applied retroactively. In implementing this
subsection, the Department shall allow the programs and
participants chosen in the grant cycle to which the priority
applies to continue their grants and participation without a
further recompetition. The entities shall not be required to
apply the absolute priority conditions or restrictions to
future participants.''.
Page 265, after line 9, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(d) Student Support Services.--Section 402D(b)(10) (20
U.S.C. 1070a-14(b)(10)) is amended by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''.
Page 265, after line 14, insert the following new
subsections (and redesignate the succeeding subsection
accordingly):
(f) Educational Opportunity Centers.--Section 402F(b)(10)
(20 U.S.C. 1070a-16(b)(10)) is amended by inserting ``,
groups of persons from disadvantaged backgrounds that have
particular lower educational access or outcomes, or
disconnected students'' after ``limited English
proficiency''.
(g) Staff Development Activities.--Section 402G(b) (20
U.S.C. 1070a-17(b)) is amended by adding at the end the
following new paragraph:
``(5) Strategies for recruiting and serving hard-to-reach
populations, including students of limited English
proficiency, groups of persons from disadvantaged backgrounds
that have particular lower educational access or outcomes,
disconnected students, and students with disabilities.''.
Page 272, beginning on line 8, strike clauses (iv) and (v)
and insert the following:
(iv) in paragraph (3), by inserting ``eligible'' before
``for assistance'', and by striking the period and inserting
``; or''; and
(v) by adding at the end the following new paragraph:
``(4) a disconnected student.''.
Page 276, strike lines 1 through 13 and insert the
following:
(f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C.
1070a-25) is amended by striking ``the maximum Federal Pell
Grant'' and inserting ``the minimum Federal Pell Grant''.
Page 276, line 23, strike ``subpart 1'' and insert
``subpart 2''.
Page 283, beginning on line 16, strike ``and include'' and
all that follows through ``this title'' on line 21.
Page 289, beginning on line 11, strike ``(less any'' and
all that follows through ``by the student)'' on line 15.
Page 290, beginning on line 8, strike ``(less any'' and all
that follows through ``by the student)'' on line 11.
Page 290, beginning on line 22, strike ``(less any'' and
all that follows through ``by the student)'' on line 25.
Page 301, beginning on line 25, strike paragraph (6)
through page 302, line 6, and insert the following:
(6) by inserting after subsection (f) the following:
``(g) Reservation and Allocation of Funds.--From the
amounts made available under subsection (i), the Secretary--
``(1) may reserve not more than a total of \1/2\ of 1
percent for outreach activities, technical assistance, and
professional development programs relating to the programs
under subsection (a); and
``(2) shall, in awarding grants from the remainder of such
amounts--
``(A) make available not less than 45 percent of such
remainder for the high school equivalency programs and not
less than 45 percent of such remainder for the college
assistance migrant programs;
``(B) award the rest of such remainder for either high
school equivalency programs or college assistance migrant
programs based on the number, quality, and promise of the
applications; and
``(C) consider the need to provide an equitable geographic
distribution of such grants.'';
Page 302, beginning on line 22, strike paragraph (8)
through page 303, line 8, and insert the following:
(8) by striking subsection (i) (as redesignated by
paragraph (5)) and inserting the following:
``(i) Authorization of Appropriations.--For the purpose of
making grants and contracts under this section, there are
authorized to be appropriated $75,000,000 for fiscal year
2009 and such sums as may be necessary for the each of the 4
succeeding fiscal years.''.
Page 305, line 6, strike ``social psychology or''.
[[Page H741]]
Page 306, strike lines 19 through 22.
Page 311, line 13, after ``service'' insert ``in a full-
time position related to the field in which the student
obtained his or her undergraduate degree,''; and after
``following'' insert ``the later of--''.
Page 311, strike lines 14 and 15, and before line 16,
insert the following:
``(A) the completion of the student's undergraduate degree
program; or
``(B) the completion of a graduate degree program in a
field related to the field in which the student obtained his
or her undergraduate degree.
Page 323, after line 3, insert the following new
subsection:
``(g) Report on Best Practices.--Within one year after the
date of enactment of this section, the Secretary shall--
``(1) conduct a study to identify the best practices to
strengthen the role of institutions that receive funding
under title III or title V in increasing America's critical
foreign language education efforts; and
``(2) submit a report on the results of such study to the
authorizing committees.
Page 323, before line 4, insert the following new section
(and redesignate the succeeding section accordingly):
``SEC. 419D. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for individuals with subject matter expertise
in mathematics, science, and critical foreign languages to
provide such subject matter expertise to secondary school
students on an adjunct basis.
``(b) Program Authorized.--The Secretary is authorized to
award grants to eligible entities to identify, recruit, and
train individuals with subject matter expertise in
mathematics, science, and critical foreign languages to serve
as adjunct content specialists.
``(c) Duration of Grants.--The Secretary may award grants
under this section for a period of not more than 5 years.
``(d) Eligible Entity.--For the purpose of this section, an
eligible entity is--
``(1) a local educational agency; or
``(2) a partnership consisting of a local educational
agency, serving as a fiscal agent, and a public or private
educational organization or business.
``(e) Uses of Funds.--An eligible entity that receives a
grant under this section is authorized to use such grant to
carry out one or both of the following activities:
``(1) To develop the capacity of the eligible entity to
identify, recruit, and train individuals with subject matter
expertise in mathematics, science, and critical foreign
languages who are not employed in the elementary and
secondary education system (including individuals in business
and government, and individuals who would participate through
distance-learning arrangements) to become adjunct content
specialists.
``(2) To provide pre-service training and on-going
professional development to adjunct content specialists.
``(f) Applications.--
``(1) Application required.--To be considered for a grant
under this section, an eligible entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary requires.
``(2) Contents.--Such application shall include a
description of--
``(A) the need for, and expected benefits of using, adjunct
content specialists in the schools of the local educational
agency, which may include information on the difficulty the
local educational agency faces in recruiting qualified
faculty in mathematics, science, and critical foreign
language courses;
``(B) measurable objectives for the activities supported by
the grant, including the number of adjunct content
specialists the eligible entity intends to place in schools
and classrooms, and the gains in academic achievement
expected as a result of the addition of such specialists;
``(C) how the eligible entity will establish criteria for
and recruit the most qualified individuals and public or
private organizations and businesses to participate in the
activities supported by the grant;
``(D) how the eligible entity will provide pre-service
training and on-going professional development to adjunct
content specialists to ensure that such specialists have the
capacity to serve effectively;
``(E) how the eligible entity will use funds received under
this section, including how the eligible entity will evaluate
the success of the activities supported by the grant;
``(F) how the eligible entity will support and continue the
activities supported by the grant after the grant has
expired, including how such entity will seek support from
other sources, such as State and local government and the
private sector; and
``(G) an assurance that the use of adjunct content
specialists will not result in the displacement or transfer
of currently employed teachers nor a reduction in the number
of overall teachers in the district.
``(g) Priorities.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that
demonstrate in the application for such a grant a plan to--
``(1) serve the schools of the local educational agency
that have a large number or percentage of students performing
below grade level in mathematics, science, or critical
foreign language courses;
``(2) serve local educational agencies that have a large
number or percentage of students from families with incomes
below the poverty line (as such term is defined in section
200); and
``(3) recruit and train individuals to serve as adjunct
content specialists in schools that have an insufficient
number of teachers in mathematics, science, or critical
foreign languages.
``(h) Matching Requirement.--Each eligible entity that
receives a grant under this section shall provide, from non-
Federal sources, an amount equal to 100 percent of the amount
of such grant (in cash or in kind) to carry out the
activities supported by such grant.
``(i) Performance Report.--Each eligible entity receiving a
grant under this section shall prepare and submit to the
Secretary a final report on the results of the activities
supported by such grant, which shall contain such information
as the Secretary may require, including any improvements in
student academic achievement as a result of the use of
adjunct content specialists.
``(j) Evaluation.--The Secretary shall evaluate the
activities supported by grants under this section, including
the impact of such activities on student academic
achievement, and shall report the results of such evaluation
to the authorizing committees.
``(k) Definition.--In this section the term `adjunct
content specialist' means an individual who--
``(1) meets the requirements of section 9101(23)(B)(ii) of
the Elementary and Secondary Education Act of 1965;
``(2) has demonstrated expertise in mathematics, science,
or a critical foreign language, as determined by the local
educational agency; and
``(3) may not be the primary provider of instructional
services to a student unless the adjunct content specialist
is under the direct supervision of a teacher who meets the
requirements of Section 9101(23) of such Act.''.
Page 323, after line 25, insert the following new
subsection (and redesignate the succeeding subsection
accordingly):
(e) Reporting Requirements.--Section 419N(e) is amended--
(1) in paragraph (1)(A), by striking ``18 months,'' and all
that follows through the end thereof and inserting
``annually.''; and
(2) in paragraph (2)--
(A) by striking ``the third annual grant payment'' and
inserting ``continuation awards''; and
(B) by striking ``the 18-month report'' and inserting ``the
reports''.
Page 324, line 23, strike ``and'' and after such line
insert the following new paragraph (and redesignate the
succeeding paragraph accordingly):
(3) in section 420N--
(A) in subsection (b)--
(i) in paragraph (1)(E), by striking ``and'' after the
semicolon;
(ii) in paragraph (2), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(3) contains, or is accompanied by, a plain-language
disclosure form developed by the Secretary that clearly
describes the nature of the TEACH Grant award, the service
obligation, and the loan repayment requirements that are the
consequence of the failure to complete the service
obligation.''; and
(B) by adding a the end the following new subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--In the event that a
recipient of an initial grant under this subpart has acquired
an academic degree, or expertise, in a field that was, at the
time of the recipient's application for that grant,
designated as high-need in accordance with subsection
(b)(1)(C)(vii), but is no longer so designated, the grant
recipient may fulfill the service obligation described in
subsection (b)(1) by teaching in that field.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under this
subpart who is unable to fulfill all or part of his or her
service obligation may be excused from fulfilling that
portion of the service obligation.''; and
Page 325, beginning on line 4, strike ``Such evaluation
shall'' and all that follows through line 18 and insert close
quotation marks and a period.
Page 326, line 21, after ``this title'' insert ``, as
determined by the Secretary,''.
Page 327, beginning on line 1, strike subparagraph (B) and
insert the following:
``(B) An institution and any third party servicer obtaining
access to information under subparagraph (A), including any
subcontractor obtaining access to information under
subparagraph (C)(iii), shall safeguard that information--
``(i) as required by any law applicable to the institution,
third party servicer, or subcontractor; and
``(ii) at least to the same extent that the disclosing
financial institution is required to safeguard its customer
information under sections 501 and 505(b) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6801, 6805(b)).
Page 327, line 16, after ``the borrower'' insert ``, a
subcontractor of the third party servicer for purposes of
skip tracing,''.
Page 327, line 23, strike the close quotation marks and the
following period; and after line 23, insert the following:
``(D) Any requirement under subparagraph (A) to provide
student loan information shall be considered an applicable
legal requirement for the purposes of section 502(e)(8) of
the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)(8)).
[[Page H742]]
``(E) Any subcontractor obtaining access to information
under subparagraph (C)(iii) shall meet the same restrictions
that apply to third party servicers under subparagraph
(C).''.
Page 328, before line 1, insert the following new sections
(and redesignate the succeeding sections accordingly):
SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding
at the end the following new paragraph:
``(3) Report required.--The Secretary, in consultation with
the guaranty agencies participating under voluntary flexible
agreements, shall report on an annual basis to the
authorizing committees regarding the program outcomes that
the voluntary flexible agreements have had with respect to
program integrity, program and cost efficiencies, delinquency
prevention, default aversion, and consumer education programs
described in section 433A, and the availability and delivery
of student financial aid. Such report shall include--
``(A) a description of each voluntary flexible agreement
and the performance goals established by the Secretary for
each agreement;
``(B) a list of participating guaranty agencies and the
specific statutory or regulatory waivers provided to each
guaranty agency and any waivers provided to other guaranty
agencies under paragraph (2);
``(C) a description of the standards by which each agency's
performance under the agency's voluntary flexible agreement
was assessed and the degree to which each agency achieved the
performance standards;
``(D) an analysis of the fees paid by the Secretary, and
the costs and efficiencies achieved under each voluntary
flexible agreement; and
``(E) an identification of promising practices for program
improvement that could be replicated by other guaranty
agencies.''.
SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT
PLUS LOANS.
(a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is
amended by amending paragraphs (1) and (2) to read as
follows:
``(1) Commencement of repayment.--Repayment of principal on
loans made under this section shall--
``(A) commence not later than--
``(i) in the case of a parent borrower, 60 days after the
date such loan is disbursed by the lender; and
``(ii) in the case of a graduate or professional student
borrower, commence at the beginning of a repayment period
that begins the day after 6 months after the date the student
ceases to carry at least one-half the normal full-time
academic workload (as determined by the institution); and
``(B) be subject to deferral during any period during which
the graduate or professional student or the parent meets the
conditions required for a deferral under section 427(a)(2)(C)
or 428(b)(1)(M).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made under this
section--
``(i) which accrues prior to the beginning of repayment
under paragraph (1)(A)(i), shall be added to the principal
amount of the loan; and
``(ii) which accrues during a period in which payments of
principal are deferred pursuant to paragraph (1)(B) shall, if
agreed upon by the borrower and the lender--
``(I)(aa) be paid monthly or quarterly; or
``(bb) be added to the principal amount of the loan not
more frequently than quarterly by the lender.
``(B) Insurable limits.--Capitalization of interest under
this paragraph shall not be deemed to exceed the annual
insurable limit on account of the borrower.''.
(b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
1078(b)(7)(C)) is amended by striking ``, 428B,''.
(c) Effective Date.--The amendments made by this section
shall be effective for loans issued on or after July 1, 2008.
Page 329, after line 4 insert the following new sections
(and redesignate the succeeding sections accordingly):
SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.
Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by
striking ``2012'' and inserting ``2013.''
SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.
(a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is
amended by adding at the end the following new paragraph:
``(4) Amendment to special rule.--Beginning on October 1,
2011, the special rule under paragraph (3) shall be applied
by substituting `15 percent' for `10 percent'.''.
(b) Requirements for Disbursements to First Year
Students.--Section 428G(b) (20 U.S.C. 1078-7(b)) is amended
by adding at the end the following new paragraph:
``(3) Amendment to cohort default rate exemption.--
Beginning on October 1, 2011, the exemption to the
requirements of paragraph (1) in the second sentence of such
paragraph shall be applied by substituting `15 percent' for
`10 percent'.''.
Page 332, line 22, after ``pathologists'' insert ``and
audiologists''; and line 23, after ``pathologist'' insert
``or audiologist''.
Page 333, line 2, insert ``, audiology'' before the comma.
Page 335, after line 14, insert the following new
paragraphs:
``(14) Dentists.--An individual who--
``(A) has received his or her degree from an accredited
dental school (as accredited by the Commission on Dental
Accreditation) and has completed residency training in
pediatric dentistry, general dentistry, or dental public
health; or
``(B) is employed as a member of the faculty at a program
or school accredited by the Commission on Dental
Accreditation.
``(15) STEM employees.--An individual who is employed in
engineering, technology, applied sciences, or mathematics.
Page 336, after line 18, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(1) Audiologist.--The term `audiologist' means an
individual who--
``(A) has received, at a minimum, a graduate degree in
audiology from an institution of higher education accredited
by an agency or association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides audiology services under subsection (ll)(2)
of section 1861 of the Social Security Act (42 U.S.C.
1395x(ll)(2)), or meets or exceeds the qualifications for a
qualified audiologist under subsection (ll)(4) of such
section (42 U.S.C. 1395x(ll)(4)).
Page 348, beginning on line 5, strike subsection (c) and
insert the following:
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit--
``(1) a guaranty agency from using activities, programs,
and materials existing on the date of enactment of this
section in meeting the requirements of this section; or
``(2) a lender or loan servicer from providing outreach or
financial aid literacy information in accordance with
subsection (b).''.
Page 348, after line 8, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION
RATE INDEX.
(a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``paragraph (4)''
and inserting ``paragraph (5)''; and
(B) in subparagraph (B)--
(i) by striking ``and'' at the end of clause (ii); and
(ii) by striking clause (iii) and inserting the following
new clauses:
``(iii) 25 percent for fiscal year 1994 through fiscal year
2011; and
``(iv) 30 percent for fiscal year 2012 and any succeeding
fiscal year.'';
(2) by redesignating paragraph (6) as paragraph (8), and
redesignating paragraphs (3) through (5) as paragraphs (4)
through (6), respectively;
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Appeals for regulatory relief.--An institution whose
cohort default rate, calculated in accordance with subsection
(m), is equal to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) of this subsection, for two
consecutive fiscal years may, within 30 days of receiving
notification from the Secretary, file an appeal demonstrating
exceptional mitigating circumstances, as defined in paragraph
(5). The Secretary shall issue a decision on any such appeal
within 45 days after its submission. If the Secretary
determines that the institution demonstrates exceptional
mitigating circumstances, the Secretary shall not subject the
institution to provisional certification based solely on the
institution's cohort default rate.'';
(4) in paragraph (5)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``For the purposes of
paragraph (2)(A)(ii)'' and all that follows through
``following criteria:'', and inserting ``For purposes of this
subsection, an institution of higher education shall be
treated as having exceptional mitigating circumstances that
make application of paragraph (2) inequitable, and that
provide for regulatory relief under paragraph (3), if such
institution, in the opinion of an independent auditor, meets
the following criteria:'';
(5) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this subsection) the following new
paragraph:
``(7) Default prevention and assessment of eligibility
based on high default rates.--
``(A) First year.--(i) An institution whose cohort default
rate is equal to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) in any fiscal year shall
establish a default prevention task force to prepare a plan
to--
``(I) identify the factors causing the institution's cohort
default rate to exceed such threshold;
``(II) establish measurable objectives to improve the
institution's cohort default rate; and
``(III) specify actions that the institution can take to
improve student loan repayment, including enhanced use of
professional judgment and discretion of student financial aid
administrators.
``(ii) Each institution subject to this subparagraph shall
submit the plan under clause (i) to the Secretary, who shall
review the plan and offer technical assistance to the
institution to promote improved student loan repayment.
``(B) Second consecutive year.--(i) An institution whose
cohort default rate is equal to or greater than the threshold
percentage
[[Page H743]]
specified in paragraph (2)(B)(iv) for two consecutive fiscal
years shall require the institution's default prevention task
force established under subparagraph (A) to review and revise
the plan required under such subparagraph, and shall submit
such revised plan to the Secretary.
``(ii) The Secretary shall review each revised plan
submitted in accordance with this subparagraph, and may
direct that such a plan be amended to include actions, with
measurable objectives, that the Secretary determines, based
on available data and analyses of student loan defaults, will
promote student loan repayment.
``(C) Cohort default rates published.--The Secretary shall
make available to the public on the College Navigator web
site the cohort default rate and the plan of the default
prevention task force of each institution that is subject to
this paragraph.''; and
(6) in paragraph (8)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``0.0375'' and inserting
``0.0625''.
(b) Effective Date.--The amendment made by subsection
(a)(6) is effective for fiscal years beginning on or after
October 1, 2011.
Page 348, line 22, strike ``beginning of the third'' and
insert ``end of the second''.
Page 348, after line 23, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(2) in paragraph (1)(B), by striking ``such fiscal year''
and inserting ``such second fiscal year'';
Page 349, beginning on line 1, strike ``beginning of the
third'' and insert ``end of the second''.
Page 349, strike lines 4 through 10 and insert the
following:
(3) in paragraph (2)(C)--
(A) by striking ``end of such following fiscal year is not
considered as in default for the purposes of this
subsection'' and inserting ``end of the second fiscal year
following the year in which the loan entered repayment is not
considered as in default for purposes of this subsection'';
and
(B) by striking ``such fiscal year'' and inserting ``such
second fiscal year''; and
Page 349, line 21, strike ``cohort default data'' and
insert ``cohort default rate''.
Page 348, line 19, insert ``(a) Amendments.--'' before
``Section 435(m)''; and on page 350, after line 13, insert
the following new subsection:
(b) Effective Date and Transition.--
(1) Effective date.--The amendments made by subsection (a)
shall be effective for purposes of calculating cohort default
rates for fiscal year 2008 and succeeding fiscal years.
(2) Transition.--Notwithstanding paragraph (1), the method
of calculating cohort default rates under section 435(m) of
the Higher Education Act of 1965 as in effect on the day
before the date of enactment of this Act shall continue in
effect, and the rates so calculated shall be the basis for
any sanctions imposed on institutions of higher education
because of their cohort default rates, until three
consecutive years of cohort default rates calculated in
accordance with the amendments made by subsection (a) are
available.
Page 351, line 19, strike ``2752(d)(4)(D)'' and insert
``2752(c)(4)(D)''.
Page 351, after line 20, insert the following new
subsections:
(c) Grants for Federal Work-Study Programs.--Section 443
(42 U.S.C. 2753) is amended --
(1) in subsection (b)(2)(B), strike ``(as described in
subsection (d)), is'' and insert the following: ``(as
described in subsection (d)), and not less than 1 civic
education and participation project (as described in
subsection (e)), are'';
(2) by adding at the end the following new subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--In any academic year to which
subsection (b)(2)(B) applies, an institution shall ensure
that funds granted to such institution under this section are
used in accordance with such subsection to compensate
(including compensation for time spent in training and travel
directly related to civic education and participation
activities) students employed in projects that--
``(A) teach civics in schools;
``(B) raise awareness of government functions or resources;
or
``(C) increase civic participation such as in voting or
running for elected office.
``(2) Priority for schools.--To the extent practicable, an
institution shall--
``(A) give priority to the employment of students
participating in projects that educate or train the public
about evacuation, emergency response, and injury prevention
strategies relating to natural disasters, acts of terrorism,
and other emergency situations; and
``(B) ensure that any student compensated with the funds
described in paragraph (1) receives appropriate training to
carry out the educational services required.
``(3) Federal share.--The Federal share of the compensation
of work-study students compensated under this subsection may
exceed 75 percent.''.
(d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is
amended by adding at the end the following new subsection:
``(d) Flexibility in the Event of a Major Disaster.--
``(1) In the event of a major disaster, an eligible
institution located in any area affected by such major
disaster, as determined by the Secretary, may make payments
under this part to disaster-affected students as follows:
``(A) For any academic year during which a major disaster
occurs, such an eligible institution may pay wages under this
part to disaster-affected students in an amount equal to or
less than the amount of wages such students would have been
paid under this part had the students been able to complete
the work obligation necessary to receive work-study funds for
such academic year.
``(B) Wages shall not be awarded to any student who, for
the academic year during which a major disaster occurs, was
not eligible for work-study or was not completing the work
obligation necessary to receive work-study funds under this
part prior to the occurrence of the major disaster.
``(C) Any wages awarded to disaster-affected students under
this subsection shall meet the matching requirements outlined
in section 443.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected students' means students
enrolled at an eligible institution who--
``(i) were receiving Federal work-study payments from such
eligible institution for an academic year prior to the
occurrence of a major disaster during such academic year; and
``(ii) were prevented from fulfilling their work-study
obligations for such academic year due to such major
disaster, as determined by the Secretary.
``(B) The term `major disaster' has the meaning given such
term in section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.''.
Page 367, after line 3, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(c) Treatment of Cooperative Education Work Income.--
Section 480(e) (20 U.S.C. 1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) any income earned from work under a cooperative
education program offered by an institution of higher
education;''.
Page 400, beginning on line 3, strike paragraphs (1)
through page 402, line 6, and insert the following (and
redesignate the succeeding paragraph accordingly):
``(1) In general.--Notwithstanding subsections (a), (c),
and (d), in order to receive any grant or work assistance
under section 401, subpart 3 of part A, and part C of this
title, a student with an intellectual disability (as defined
in section 768(2)) shall--
``(A) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education program
for students with intellectual disabilities at an institution
of higher education;
``(B) be maintaining satisfactory progress in the program
as determined by the institution, in accordance with
standards established by the institution; and
``(C) meet the requirements of paragraphs (3), (4), (5),
and (6) of subsection (a).
``(2) Authority.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary is authorized to waive any statutory provision
applicable to the student financial assistance programs under
section 401, subpart 3 of part A, or part C of this title, or
any institutional eligibility provisions of this title, as
the Secretary deems necessary to ensure that programs
enrolling students with intellectual disabilities otherwise
determined to be eligible under this subsection may receive
such financial assistance.
Page 402, line 7, strike ``rules'' and insert
``regulations''.
Page 405, strike lines 7 through 9 and insert the
following:
(a) Disclosure of Policies.--Section 485(a) (20 U.S.C.
1092(a)) is amended--
Page 405, after line 9, insert the following new paragraph:
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``program, and'';
Page 405, beginning on line 10, redesignate paragraphs (1),
(2), and (3) as subparagraphs (B), (C), and (D),
respectively, and move the margins of such subparagraphs (as
so redesignated) to the right two em spaces.
Page 405, strike line 13 and insert ``graph (O) and
inserting a semicolon; and''.
Page 405, line 15, strike ``paragraph'' and insert
``paragraphs''.
Page 406, line 12, strike the period, close quotation
marks, and following period and insert ``; and'', and after
such line insert the following new subparagraph:
``(Q) institutional policies regarding meningococcal
vaccinations which may include offering the vaccinations
through the institution at a cost to the student.''; and
Page 406, before line 13, insert the following new
paragraph:
(2) by amending paragraph (4) to read as follows:
``(4) For purposes of this section, institutions may--
``(A) exclude from the information disclosed in accordance
with subparagraph (L) of paragraph (1) the completion or
graduation rates of students who leave school to serve in the
Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time, undergraduate
students at an institution, the institution may recalculate
the completion or graduation rates of
[[Page H744]]
such students by excluding from the calculation described in
paragraph (3) the time period during which such students were
not enrolled due to the service described in subparagraph (A)
of this paragraph.''.
Page 406, beginning on line 18, strike paragraph (2)
through page 407, line 23, and insert the following:
(2) in subparagraph (F)(ii), by inserting after ``through
(VIII) of clause (I)'' the following: ``, and for larceny-
theft, simple assault, intimidation, and destruction, damage,
or vandalism of property,''.
Page 417, line 18, strike ``Each'' and insert the
following:
``(1) Notice upon enrollment.--Each
Page 417, line 21, strike the close quotation marks and
following period, and after such line insert the following:
``(2) Notice after loss of eligibility.--Within two weeks
of notification by the Secretary that a student has lost
eligibility under section 484(r) for any grant, loan, or work
assistance, an institution of higher education shall provide
to each such student affected by the penalties listed under
484(r)(1) a separate, clear, and conspicuous written notice
that notifies the student of the loss of eligibility and
advises the student of the ways in which the student can
regain eligibility under section 484(r)(2).''.
Page 417, before line 22, insert the following new
subsection:
(e) Disclosure of Athletically Related Graduation Rates.--
Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read
as follows:
``(3) For purposes of this subsection, institutions may--
``(A) exclude from the reporting requirements under
paragraphs (1) and (2) the completion or graduation rates of
students and student athletes who leave school to serve in
the Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time, undergraduate
students at an institution, the institution may calculate the
completion or graduation rates of such students by excluding
from the calculations described in paragraph (1) the time
period during which such students were not enrolled due to
the service described in subparagraph (A) of this
paragraph.''.
Page 418, line 4, strike ``requirements'' and insert
``established''.
Page 418, beginning on line 12, strike ``, and on the
application materials of such institutions''.
Page 418, line 18, insert ``and'' after the semicolon;
strike lines 19 through 21; and redesignate the succeeding
subparagraphs accordingly.
Page 419, beginning on line 4, strike ``limit the'' and all
that follows through line 5 and insert ``authorize the
Secretary to require particular policies, procedures, or
practices by institutions of higher education with respect to
articulation agreements.''.
Page 419, beginning on line 10, strike ``, including
private nonprofit and for-profit institutions''.
Page 420, line 24, after ``degree'' insert ``or program''.
Page 430, beginning on line 6, strike clause (i) and insert
the following new clauses (and redesignate the succeeding
clause accordingly):
``(i) in the case of loans made by an institution, for each
of the institution's fiscal years 2009 through 2012, the
principal amount of loans made by the institution, based on
the expected interest earned less the estimated amount to
account for future defaults and loan forgiveness accounted
for on an accrual basis, in accordance with Generally
Accepted Accounting Principles and related standards and
guidance, if the loans are bona fide as evidenced by
enforceable promissory notes, are issued at intervals related
to the institution's enrollment periods, and are subject to
regular loan repayments and collections;
``(ii) in the case of loans made by an institution, for the
institution's fiscal year 2013 and each of the institution's
subsequent fiscal years, only the amount of loan repayments
received during the fiscal year; and
Page 435, after line 10, insert the following new
subsection:
(f) Institutional Certifications for Private Educational
Loans.--Section 487(a) is further amended by adding at the
end the following new paragraph:
``(29)(A) The institution will--
``(i) upon the request of a private educational lender,
acting in connection with an application initiated by a
consumer for a private educational loan, provide
certification to such private educational lender--
``(I) that the student who initiated the application for
the private educational loan, or on whose behalf the
application was initiated, is enrolled or is scheduled to
enroll at the institution;
``(II) of the student's cost of attendance at the
institution as determined under part F of this title; and
``(III) of the difference between the cost of attendance of
the institution and the student's estimated financial
assistance received under this title and other assistance
known to the institution;
``(ii) disclose a borrower's ability to select a private
educational lender of the borrower's choice; and
``(iii) inform students about the impact of a proposed
private educational loan on the students' potential
eligibility for other financial assistance, including Federal
financial assistance under this title.
``(B) For purposes of this paragraph, the terms `private
educational lender' and `private educational loan' have the
meanings given in section 140 of the Truth in Lending Act (15
U.S.C. 1631 et seq.).''.
Page 437, after line 12, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 492. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended by striking
``section 413D.'' and inserting ``section 413D or 462 (or
both).''.
Page 443, line 2, after ``graph'' insert ``, nor shall the
agency or association be required to obtain the approval of
the Secretary to expand its scope of accreditation to include
distance education, provided that the agency or association
notifies the Secretary in writing of the change in scope''.
Page 443, after line 9, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
(B) in paragraph (5), by amending subparagraph (A) to read
as follows:
``(A) success with respect to student achievement in
relation the institution's mission, which may include
different standards for different institutions or programs,
as established by the institution, including, as appropriate,
consideration of State licensing examinations, consideration
of course completion, and job placement rates;'';
Page 447, after line 9, insert the following new subsection
(and redesignate the succeeding subsection accordingly):
(b) Rule of Construction.--Section 496 is further amended
by adding at the end the following new subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5)
of this section shall restrict the authority of--
``(1) an accrediting agency or association to set, with the
involvement of its members, and to apply accreditation
standards to institutions or programs that seek review by the
agency or association; or
``(2) an institution to develop and use institutional
standards to show its success with respect to student
achievement, which shall be considered as part of any
accreditation review.''.
Page 481, beginning on line 24, strike subsection (e)
through page 482, line 2, and redesignate the succeeding
subsection accordingly.
Page 492, line 14, strike ``subpart 5'' and insert
``subpart 6''; line 17, strike ``THROUGH 4'' and insert
``THROUGH 5''; line 20, strike ``through 4'' and insert
``through 5''; and line 23, strike ``or 4'' and insert ``4,
or 5''.
Page 502, after line 23, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY
SERVING INSTITUTIONS.
Part A of title VII (20 U.S.C. 1134) is further amended by
inserting after subpart 4 (as added by section 704 of this
Act) the following subpart:
``Subpart 5--Masters Degrees Programs at Historically Black Colleges
and Universities and Other Minority Serving Institutions
``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT
ELIGIBLE INSTITUTIONS.
``(a) Grant Authority.--
``(1) In general.--From the amounts appropriated under
subsection (g), the Secretary shall make grants to graduate
academic departments, programs, and other academic units at
historically Black colleges and universities and other
minority-serving institutions that provide qualified courses
of study leading to a degree in a qualified masters degree
program described in subsection (d)(1)(B). Such grants shall
be used to make fellowship awards to eligible students and
may be combined with matching grants from non-Federal sources
to strengthen qualified masters degree programs.
``(2) Additional grants.--From the amounts appropriated
under subsection (g), The Secretary may also make grants to
consortia and cooperative arrangements among eligible
institutions that submit joint proposals, and have formal
arrangements designed to fulfill the purposes of this
subpart.
``(b) Award and Duration of Grants.--
``(1) Awards.--The Secretary shall make awards to
institutions that are eligible under subsection (d) and that
submit an application to the Secretary in accordance with
subsection (c). Awards shall be based on the following
criteria:
``(A) The number of students enrolled in the masters degree
program.
``(B) The number of students who earned such degrees in the
previous year from the program for which the eligible
institution is seeking funds.
``(C) The average cost of education per student, for all
full-time masters degree students enrolled in the qualified
masters degree program.
``(D) The quality of the academic program at the
institution.
``(E) The quality of the application submitted by the
institution or consortium.
``(2) Duration and amount.--
``(A) Duration.--The Secretary shall award a grant under
this subpart for a period of 5 years, which may be renewed
for an additional 5 years consistent with subsection (c).
[[Page H745]]
``(B) Amount.--The Secretary shall award a grant to an
academic department, program, or consortium at an eligible
institution of higher education under this subpart for a
fiscal year in an amount that is not less than $100,000, and
not greater than $750,000.
``(c) Application.--
``(1) Contents of applications.--An institution that is
eligible under subsection (d) that seeks a grant under this
subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require. The application shall include--
``(A) a description of the qualified masters degree program
or programs that the institution intends to provide
fellowship awards to, including the number of student awards
to be made;
``(B) a budget describing the amount of the fellowship
awards to students for 2 successive academic years, based on
the academic progress of such students and the cost of
attendance at the eligible institution, except that in no
instance shall a graduate student receive a fellowship in
excess of the award level provided for such students by the
National Science Foundation;
``(C) a budget for stipends to students who are awarded
fellowships under this subpart in order to encourage highly
qualified students to pursue graduate study for the purposes
described in this part; and
``(D) a description of activities to be undertaken with
institutional, private foundation, or State matching funds
that will be used to contribute to the increased production
of minority masters degree candidates.
``(2) Preference to continuing grant recipients.--
``(A) In general.--The Secretary shall make initial grant
awards consistent with the criteria in subsection (b)(1), and
shall renew such awards if the grantee demonstrates success
in satisfying the criteria in subparagraphs (A) and (B) of
such subsection by increasing the number of African Americans
and other minorities earning masters degrees at the
institution based on benchmarks established by the Secretary.
``(B) Ratable reduction.--To the extent that appropriations
are insufficient to comply with subparagraph (A) and
subsection (b)(2)(B), available funds shall be distributed by
ratably reducing the amounts required to be awarded under
subsection (b)(2)(B).
``(d) Institutional Eligibility.--
``(1) Qualified masters degree programs.--
``(A) In general.--To be eligible to apply for a grant
under this part, an applicant shall be an academic
department, program, or unit at an institution of higher
education that is within the meaning of the term `part B
institution' as defined in section 322(2), that offers a
qualified masters degree program, and that is specifically
enumerated in paragraph (2), or a consortium of such
institutions.
``(B) Qualified masters degree program.--For purposes of
this subpart, the term `qualified masters degree program'
means a program of study leading to a masters degree in the
physical or natural sciences, mathematics, engineering,
computer science, information technology, nursing, allied
health, or related scientific or health field identified by
the Secretary.
``(C) Limitation.--No department, program, or unit shall be
eligible to apply unless the qualified masters degree program
has been in existence and awarded such degrees for at least
four years.
``(2) Enumerated institutions.--For purposes of paragraph
(1)(A), the institutions enumerated in this paragraph are--
``(A) Albany State University;
``(B) Alcorn State University;
``(C) Chicago State University;
``(D) Columbia Union College;
``(E) Coppin State University;
``(F) Elizabeth City State University;
``(G) Fayetteville State University;
``(H) Fisk University;
``(I) Fort Valley State University;
``(J) Grambling State University;
``(K) Kentucky State University;
``(L) Long Island University, Brooklyn campus;
``(M) Mississippi Valley State University;
``(N) Robert Morris College;
``(O) Savannah State University;
``(P) South Carolina State University;
``(Q) University of Arkansas, Pine Bluff;
``(R) Virginia State University;
``(S) West Virginia Sate University;
``(T) Winston-Salem State University; and
``(U) York College, The City University of New York.
``(3) Limitation.--No institution that is eligible for and
receives an award under section 326 for a fiscal year shall
be eligible to apply for, or receive funds under this subpart
for the same fiscal year.
``(e) Matching Funds Rule.--Each eligible institution or
consortium that receives an award under this subpart, may
elect to use up to 25 percent of the total grant to carry out
activities designed to strengthen its qualified masters
degree program. An institution that elects to use funds for
strengthening a qualified masters degree program shall
provide an equal amount for such purpose from institutional,
private foundation, or State sources. Matching funds must
supplement, not supplant, existing resources available at the
time of the Secretary's award.
``(f) Uses of Funds.--Funds made available under this
section shall be used in accordance with the application
under subsection (c).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated $25,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
Page 510, strike lines 4 through 9 and insert ``shall be
$5,000.''.
Page 513, line 15, strike the close quotation marks and
following period, and after line 15 insert the following new
paragraph:
``(6) Establishment of centers to incorporate education in
quality and safety into the preparation of medical and
nursing students, through grants to medical schools, nursing
schools, and osteopathic schools. Such grants shall be used
to assist in providing courses of instruction that
specifically equip students to understand the causes and
remedies for medical error, medically-induced patient
injuries and complications, and other defects in medical
care; engage effectively in personal and systemic efforts to
continually reduce medical harm; and improve patient care and
outcomes, as recommended by the Institute of Medicine.''.
Page 521, line 13, strike ``The Secretary'' and insert
``The Office of Postsecondary Education''.
Page 522, line 10, strike ``disabilities,'' and insert
``disabilities and''; and on line 11, strike ``, and
disability support service personnel''.
Page 523, line 19, strike ``or'' and insert ``and''.
Page 524, line 3, strike ``and maintaining'' and insert ``,
maintaining, and updating''.
Page 524, line 5, after ``education,'' insert ``or for
expanding and updating an existing database of disabilities
support services information with respect to institutions of
higher education,''.
Page 524, line 9, after ``shall include'' insert
``available''.
Page 524, beginning on line 21, strike paragraph (4) and
insert the following:
``(4) Professional standards for disability support
personnel.--The Center shall work with organizations and
individuals with proven expertise related to disability
support services for postsecondary students with disabilities
to consolidate, evaluate, improve upon, and disseminate
information related to professional standards and best
practices for disability support services personnel and
offices in institutions of higher education.
Page 525, line 4, strike ``The Center'' and insert ``Not
later than 3 years after the establishment of the Center, and
every 2 years thereafter, the Center''.
Page 525, strike line 5, and insert ``prepare and
disseminate a report to Congress and the Secretary
analyzing''.
Page 525, line 9, strike ``ths'' and insert ``this'', on
line 10, insert ``annual'' before ``enrollment'', and on line
12, insert before the semicolon the following: ``from
existing data''.
Page 526, beginning on line 1, strike ``Such personnel''
and all that follows through line 5.
Page 542, line 13, strike ``The'' and insert ``Not later
than 3 years after the date of the first grant award under
this section, the''.
Page 542, strike line 14 and insert ``mit to Congress a
report that''.
Page 544, beginning on line 13, strike section 768 and
insert the following:
``SEC. 768. DEFINITIONS.
``In this Act:
``(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 is--
``(A) offered by an institution of higher education;
``(B) designed to support students with an intellectual
disability who are seeking to continue academic, vocational,
and independent living instruction at an institution of
higher education in order to prepare for gainful employment
and independent living;
``(C) includes an advising and curriculum structure; and
``(D) requires students to participate on at least a half-
time basis, as determined by the institution, with such
participation focusing on academic components such as
reading, language arts, or math, and occurring through a
combination of one or more of the following activities:
``(i) Regular enrollment in courses offered by the
institution.
``(ii) Auditing or participating in courses offered by the
institution for which the student does not receive regular
academic credit.
``(iii) Enrollment in noncredit, nondegree courses.
``(iv) Participation in internships or apprenticeships.
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student who
is--
``(A) an individual whose mental retardation or other
significant cognitive impairment substantially impacts the
individual's intellectual and cognitive functioning; and
``(B)(i) a student eligible for assistance under the
Individuals with Disabilities Education Act who has completed
secondary school; or
``(ii) an individual who was, but is no longer, eligible
for assistance under the Individuals with Disabilities
Education Act because the individual has exceeded the maximum
age for which the State in which the student resides provides
a free appropriate public education.
[[Page H746]]
Page 545, lines 7, 18, 20, and 22, strike ``Secretary'' and
insert ``Office of Postsecondary Education''.
Page 545, beginning on line 24, strike paragraph (1) and
insert the following:
``(1) are located in geographically diverse, underserved
areas; or
Page 548, beginning on line 21, strike ``Not later'' and
all that follows through ``Secretary'' on line 23, and insert
``Not later than 5 years after the date of the first grant
award under this section, the Office of Postsecondary
Education''.
Page 549, line 7, strike ``ACCREDITATION''.
Page 549, line 9, strike ``Secretary'' and insert ``Office
of Postsecondary Education''.
Page 549, line 13, after ``and'' insert ``recommendations
related to the''.
Page 549, lines 14 and 24, strike ``model''.
Page 550, strike line 17 and all that follows through page
551, line 7; on page 551, beginning on line 8, redesignate
subparagraph (B) and clauses (i) through (v) thereof as
paragraph (5) and subparagraphs (A) through (E),
respectively; and move such redesignate paragraph 2 em spaces
to the left.
Page 552, line 6, strike ``and''; on line 8, strike the
period and insert ``; and''; and after line 8, insert the
following (and redesignate the succeeding subsection
accordingly):
``(10) convene a workgroup to develop recommendations on
criteria, standards, and components of such programs as
described in paragraph (5), to include the participation of--
``(A) an expert in higher education;
``(B) an expert in special education;
``(C) a disability organization that represents students
with intellectual disabilities; and
``(D) a national, State, or regional accrediting agency or
association recognized by the Secretary under subpart 2 of
part H of title IV.
``(c) Report.--No later than 5 years after the date of the
establishment of the coordinating center under this section,
such center shall report to the Secretary, the Congress, and
the National Advisory Committee on Institutional Quality and
Integrity on the recommendations of the workgroup described
in subsection (b)(10).
Page 553, line 16, strike ``section 435(d)(5)(J)'' and
insert ``section 435(j)''.
Page 554, line 18, after ``program students'' insert ``, in
each of the institution's nursing programs (associate,
baccalaureate, or advanced nursing degree program),''.
Page 554, line 23, after ``average number'' insert ``in
each of the institution's nursing programs''.
Page 557, beginning on line 18, strike ``fund release time
for qualified nurse employees, so that'' and insert ``ensure
that''.
Page 559, line 6, after ``higher education'' insert the
following: ``, including institutions providing alternative
methods of delivery of instruction in addition to on-site
learning''.
Page 560, line 2, after ``technologies'' insert the
following: ``and to expand methods of delivery of instruction
to include alternatives in addition to on-site learning''.
Page 560, line 22, after ``program'' insert the following:
``if the program requires a clinical site''.
Page 560, line 24, insert ``at least'' before ``a''.
Page 561, line 2, insert ``at least'' before ``a''.
Page 561, line 4, strike ``class schedule'' and insert
``program requirements, as necessary''.
Page 563, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(3) the provision of accommodations for students with
disabilities on college entrance and graduate admissions
tests, including--
``(A) the frequency of, and approval rate for,
accommodations requests;
``(B) documentation requirements for accommodations
requests and criteria used to determine if an accommodation
is appropriate; and
``(C) challenges facing students in accessing reasonable
accommodations on such tests;''.
Page 565, line 10, strike ``Competitive''; and on line 12,
strike ``on a competitive basis''.
Page 565, line 14, strike ``year,'' and insert ``year
(A)''; and on line 19, insert before the period the
following: ``; (B) are public institutions of higher
education that have a net tuition that is in the lowest
quartile of comparable institutions; or (C) are public
institutions of higher education that have a tuition increase
of less than $500 for a full-time undergraduate student''.
Page 565, line 18, on page 567, line 8, and on page 568,
line 2 and line 13, strike ``higher'' and insert
``postsecondary''.
Page 566, beginning on line 18, strike paragraphs (2) and
(3) through page 568, line 6, and insert the following:
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if--
``(A) for a public institution of higher education, such
institution's tuition is in the lowest quartile of comparable
institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or the
equivalent) beginning on or after July 1, 2008, and for each
of the 4 succeeding continuous academic years, the net
tuition charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education, $500
per year for a full-time undergraduate student; or
``(ii) for any other institution of higher education--
``(I) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subclause (I).
``(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of
instruction for which it awards a bachelor's degree complies
with the requirements of this paragraph if--
``(A) for a public institution of higher education, such
institution's tuition is in the lowest quartile of comparable
institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or the
equivalent) beginning on or after July 1, 2008, and for each
of the 1.5 succeeding continuous academic years, the net
tuition charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education, $500
per year for a full-time undergraduate student; or
``(ii) for any other institution of higher education--
``(I) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subclause (I).
Page 568, line 14, after ``year,'' insert ``and, with
respect to any public institution of higher education, has a
tuition that is not in the lowest quartile of comparable
institutions''.
Page 569, beginning on line 20, strike paragraph (2) and
insert the following:
``(2) Postsecondary education price index.--The term
`postsecondary education price index' means the postsecondary
education price index developed pursuant to section 133(i).
Page 604, line 22, strike ``contract with'' and insert
``award a grant to''.
Page 623, line 23, strike ``and''; page 624, line 5, strike
the period and insert ``; and''; and after line 5, insert the
following subparagraph:
``(E) acquisition and installation of access control, video
surveillance, intrusion detection, and perimeter security
technologies and systems.
Page 626, line 2, insert ``natural or man-made'' after
``event of a''.
Page 632, line 22, strike ``education'' and insert
``educational''; and line 23, strike ``education'' and insert
``educational''.
Page 633, line 1, strike ``all of the schools of which
meet'' and insert ``that is designated with''.
Page 633, line 13, strike ``or less than part-time''.
Page 633, line 22, insert before the period ``or the
recognized equivalent of such a diploma''.
Page 638, after line 8, insert the following new
subsection:
``(d) Preference in Selection.--In determining which
applications to approve for a grant under this section, the
Secretary shall give priority to applications from
partnerships that include one or more regional employers that
are located in a rural area.
Page 646, line 19, page 647, line 7 and line 18, page 648,
line 17, page 651, line 17 and line 21, page 652, line 11 and
line 23, and page 653, line 22, strike ``Commerce'' and
insert ``Education''.
Page 658, line 19, after ``Secretary'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 664, line 4, after ``Education'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 667, line 18, strike ``and'' after the semicolon; line
20, strike the period and insert ``; and''; and after line
20, insert the following:
``(F) the Office of Science and Technology Policy.
Page 675, line 7, strike ``an institution'' and insert
``one or more institutions''.
Page 675, after line 23, insert the following new
paragraph:
``(3) Existing partnerships.--Nothing in this subsection
shall be construed to prohibit a partnership that is in
existence on the date of enactment of this section from
applying for a grant under this section.
Page 689, line 22, strike ``10 years'' and insert ``20
years''.
Page 695, line 10, strike ``Such'' and insert ``The
initial''.
Page 695, line 11, after ``Education'' insert ``from a list
of recommendations received from the House of Representatives
and the Senate''.
Page 696, line 3, strike ``may use Trust funds'' and insert
``shall use Trust funds to support research that is in the
public interest but that is unlikely to be undertaken
entirely with private funds''.
Page 696, line 4, strike ``basic'' and insert
``precompetitive''.
[[Page H747]]
Page 696, beginning on line 5, strike ``demonstrations of
innovative learning and assessment systems'' and insert
``demonstrations, and assessments of prototypes of innovative
digital learning and information technologies''.
Page 696, line 8, before ``testing'' insert ``pilot'', and
line 9, strike ``systems; and'' and insert ``prototype
systems;''.
Page 696, line 11, strike ``effective approaches to
learning.'' and insert ``effective, innovative digital
approaches to learning supported by this Act; and''.
Page 696, after line 11, insert the following:
(D) to support innovative digital media education programs
for parents, teachers, and children to help children in the
United States learn digital safety and build technology
literacy.
Page 696, line 20, strike ``(with or without private
partners)'' and insert ``with or without for-profit partners,
and to for-profit organizations'', and
Page 700, after line 13, insert the following new sections:
SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS
FORMULA.
(a) Study.--The Comptroller General shall conduct a study
to review the methodology that is used to determine the
expected family contribution under part F of title IV of the
Higher Education Act of 1965.
(b) Study Components.--The study conducted under subsection
(a) shall identify and evaluate the need analysis formula
under part F of title IV of the Higher Education Act of 1965
and examine the need for regional sensitivity in need
analysis. The study shall include--
(1) the factors that are used to determine a student's
expected family contribution under part F of title IV of the
Higher Education Act;
(2) the varying allowances that are made in calculating the
expected family contribution;
(3) the effects of the income protection allowance on all
aid recipients; and
(4) options for modifying the income protection allowance
to reflect the significant differences in the cost of living
in various parts of the United States.
(c) Report.--Not later than one year after the date of
enactment of this Act, Comptroller General shall report to
the authorizing committees (as such term is defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) on the results of the study conducted under this
section.
SEC. 815. DYSLEXIA STUDY.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the Center for Education
of the National Academy of Sciences for a scientifically
based study of the quality of teacher education programs, to
determine if teachers are adequately prepared to meet the
needs of students with reading and language processing
challenges, including dyslexia. Such study shall--
(1) establish the prevalence of dyslexia and other
processing difficulties in the general population by
conducting a review of existing research and available
relevant data; and
(2) conduct a survey of institutions of higher education to
provide data on the extent to which teacher education
programs are based on the essential components of reading
instruction and scientifically valid research.
(b) Components.--The study conducted under subsection (a)
shall be designed to provide statistically reliable
information on--
(1) the number, type of courses, and credit hours required
to meet the requirements of the reading degree programs; and
(2) the extent to which the content of the reading degree
programs are based on--
(A) the essentials of reading instruction and
scientifically valid research, including phonemic awareness,
phonics, fluency, vocabulary, and comprehension; and
(B) early intervention strategies based on scientific
evidence concerning challenges to the development of language
processing capacity, specifically dyslexia, and the extent to
which such strategies are effective in preventing reading
failure before it occurs.
(c) Scope.--The National Academy of Sciences shall select
for participation in the evaluation under subsection (a) a
diverse group of institutions of higher education with
respect to size, mission, and geographic distribution.
(d) Interim and Final Reports.--The National Academy of
Sciences shall submit to the Secretary of Education, the
Committee on Health, Education, Labor and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives--
(1) an interim report regarding the study under subsection
(a) not later than 9 months after the award of the contract
to the Center for Education, as specified in this Act; and
(2) a final report summarizing the findings, conclusions,
and recommendations of such study not later than 18 months
after the award of such contract.
(e) Task Force.--
(1) Establishment.--Upon completion of the final report
under subsection (d)(2), the Secretary of Education shall
assemble a task force to make policy recommendations
regarding the findings of the report to the Secretary.
(2) Membership.--The membership of the task force under
this subsection shall include chief State school officers,
State reading consultants, a panel of master teachers,
national reading experts, and researchers with expertise in
the relevant fields.
(3) Public hearings.--The task force under this subsection
shall hold public hearings to provide an opportunity for
public comment on the results of the findings of the task
force.
SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.
(a) Study.--The Secretary of Education shall conduct a
study--
(1) on the impact of the standard 10-year student loan
repayment term on the ability of undergraduate borrowers in
low-income areas, including Puerto Rico, to repay their loans
made under title IV, part B, of the Higher Education Act of
1965; and
(2) to examine the extent to which longer payment terms
would assist borrowers in such low-income areas in reducing
their monthly loan payments.
(b) Report.--Not later than 1 year after the date of
enactment of this title, the Secretary shall submit a report
to Congress on the results of the study required by this
section.
SEC. 817. NURSING SCHOOL CAPACITY.
(a) Findings.--The Congress finds as follows:
(1) Researchers in the field of public health have
identified the need for a national study to identify
constraints encountered by schools of nursing in graduating
the number of nurses sufficient to meet the health care needs
of the United States.
(2) The shortage of qualified registered nurses has
adversely affected the health care system of the United
States.
(3) Individual States have had varying degrees of success
with programs designed to increase the recruitment and
retention of nurses.
(4) Schools of nursing have been unable to provide a
sufficient number of qualified graduates to meet the
workforce needs.
(5) Many nurses are approaching the age of retirement, and
the problem worsens each year.
(6) In 2004, an estimated 125,000 applications from
qualified applicants were rejected by schools of nursing, due
to a shortage of faculty and a lack of capacity for
additional students.
(b) Study With Respect to Constraints With Respect to
Schools of Nursing.--
(1) In general.--The Secretary shall request the Institute
of Medicine of the National Academy of Sciences to enter into
an agreement under which the Institute conducts a study for
the purpose of--
(A) identifying constraints encountered by schools of
nursing in admitting and graduating the number of registered
nurses necessary to ensure patient safety and meet the need
for quality assurance in the provision of health care; and
(B) developing recommendations to alleviate the constraints
on a short-term and long-term basis.
(2) Certain components.--The Secretary shall ensure that
the agreement under paragraph (1) provides that the study
under such subsection will include information on the
following:
(A) The trends in applications for attendance at schools of
nursing that are relevant to the purpose described in such
subsection, including trends regarding applicants who are
accepted for enrollment and applicants who are not accepted,
particularly qualified applicants who are not accepted.
(B) The number and demographic characteristics of entry-
level and graduate students currently enrolled in schools of
nursing, the retention rates at the schools, and the number
of recent graduates from the schools, as compared to previous
years and to the projected need for registered nurses based
on two-year, five-year, and ten-year projections.
(C) The number and demographic characteristics of nurses
who pursue graduate education in nursing and non-nursing
programs but do not pursue faculty positions in schools of
nursing, the reasons therefor, including any regulatory
barriers to choosing to pursue such positions, and the effect
of such decisions on the ability of the schools to obtain
adequate numbers of faculty members.
(D) The extent to which entry-level graduates of the
schools are satisfied with their educational preparation,
including their participation in nurse externships,
internships, and residency programs, and to which they are
able to effectively transition into the nursing workforce.
(E) The satisfaction of nurse managers and administrators
with respect to the preparation and performance levels of
entry-level graduates from the schools after one year, three
years, and five years of practice, respectively.
(F) The extent to which the current salary, benefit
structures, and characteristics of the workplace, including
the number of nurses who are presently serving in faculty
positions, influence the career path of nurses who have
pursued graduate education.
(G) The extent to which the use of innovative technologies
for didactic and clinical nursing education might provide for
an increase in the ability of schools of nursing to train
qualified nurses.
(3) Recommendations.--Recommendations under paragraph
(2)(B) may include recommendations for legislative or
administrative changes at the Federal or State level, and
measures that can be taken in the private sector--
(A) to facilitate the recruitment of students into the
nursing profession;
[[Page H748]]
(B) to facilitate the retention of nurses in the workplace;
and
(C) to improve the resources and ability of the education
and health care systems to prepare a sufficient number of
qualified registered nurses.
(4) Methodology of study.--
(A) Scope.--The Secretary shall ensure that the agreement
under paragraph (1) provides that the study under such
subsection will consider the perspectives of nurses and
physicians in each of the various types of inpatient,
outpatient, and residential facilities in the health care
delivery system; faculty and administrators of schools of
nursing; providers of health plans or health insurance; and
consumers.
(B) Consultation with relevant organization.--The Secretary
shall ensure that the agreement under paragraph (1) provides
that relevant agencies and organizations with expertise on
the nursing shortage will be consulted with respect to the
study under such subsection, including but not limited to the
following:
(i) The Agency for Healthcare Research and Quality.
(ii) The American Academy of Nursing.
(iii) The American Association of Colleges of Nursing.
(iv) The American Nurses Association.
(v) The American Organization of Nurse Executives.
(vi) The National Institute of Nursing Research.
(vii) The National League for Nursing.
(viii) The National Organization for Associate Degree
Nursing.
(ix) The National Student Nurses Association.
(5) Report.--The Secretary shall ensure that the agreement
under paragraph (1) provides that not later than 18 months
after the date of the enactment of this section, a report
providing the findings and recommendations made in the study
under such subsection will be submitted to the Secretary, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(6) Other organization.--If the Institute declines to
conduct the study under paragraph (1), the Secretary may
enter into an agreement with another appropriate private
entity to conduct the study.
(c) Definitions.--For purposes of this section:
(1) The term ``Institute'' means the Institute of Medicine
of the National Academy of Sciences.
(2)(A) The term ``school of nursing'' means a collegiate,
associate degree, or diploma school of nursing in a State.
(B) The terms ``collegiate school of nursing'', ``associate
degree school of nursing'', and ``diploma school of nursing''
have the meanings given to such terms in section 801 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of
Education.
SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC
SERVICE.
(a) Study.--The Secretary of Education, in consultation
with the Office of Management and Budget, is authorized to
coordinate with an organization with expertise in the field
of public service, such as the National Academy of Public
Administrators or the American Society for Public
Administration, to coordinate with interested parties to
conduct a study of how student loan debt levels impact the
decisions of graduates of postsecondary and graduate
education programs to enter into public service careers. Such
study shall include--
(1) an assessment of the challenges to recruiting and
retaining well-qualified public servants, including the
impact of student loan debt;
(2) an evaluation of existing Federal programs to recruit
and retain well-qualified public servants;
(3) an evaluation of whether additional Federal programs
could increase the number of graduates of postsecondary and
graduate education programs who enter careers in public
service; and
(4) recommendations related to any potential pilot
programs, including an academy for public service, that could
be used to encourage new graduates of postsecondary and
graduate education programs to enter public service careers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education, in
consultation with the Office of Management and Budget, shall
submit to Congress a report related to the findings of the
study conducted under subsection (a).
Page 701, line 20, strike ``(I)''; on page 702, line 2,
strike ``or'' and insert ``and''; and strike lines 3 and 4.
Page 702, strike lines 13 through 19 and insert the
following: ``by the State that has adopted and implemented
the standards and assessments selected under subparagraph
(A)(i); and''.
Page 703, beginning on line 19, strike subparagraph (A)
through page 704, line 3, and insert the following:
(A) in paragraph (1), by striking the second sentence;
Page 704, beginning on line 9, strike ``Rochester Institute
of Technology'' and insert ``institution of higher
education''.
Page 706, strike lines 14 through 17 and insert the
following:
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through ``section
203'' and inserting ``of NTID programs and activities''.
Page 708, line 16, strike ``NTID or the University and''
and insert ``the University or the NTID,''; and on line 17,
after ``United States'' insert ``, and are not enrolled in a
degree program at the University or the NTID''.
Page 709, line 16, before the period insert the following:
``, or a country that was a developing country for any
academic year during the student's period of uninterrupted
enrollment in a degree program at the University or NTID,
except that such a surcharge shall not be adjusted
retroactively''.
Page 710, line 20, strike ``$4,825'' and insert ``$5,345''.
Page 710, lines 20 and 22, strike ``1999'' and insert
``2005''.
Page 730, line 16, strike ``or Federal''.
Page 730, beginning on line 23, strike ``, and to the
Federal Bureau of Prisons,''.
Page 731, line 14, and page 734, beginning on lines 4 and
18, strike ``and the Federal Bureau of Prisons''.
Page 731, beginning on line 19, and page 732, line 14,
strike ``or the Federal Bureau of Prisons''.
Page 733, lines 13 and 16, strike ``and Federal''.
Page 733, beginning on line 22, strike ``and Federal Bureau
of Prisons entity''.
Page 735, line 4, strike ``, the Federal Bureau of
Prisons,''.
Page 735, beginning on line 17, strike subsections (g) and
(h) through page 736, line 13, and insert the following (and
redesignate the succeeding subsection accordingly):
``(g) Allocation of Funds.--From the funds appropriated
pursuant to subsection (h) for each fiscal year, the
Secretary shall allot to each State an amount that bears the
same ratio to such funds as the total number of incarcerated
individuals in such State bears to the total number of such
incarcerated individuals in all States.
Page 748, line 25, after ``including'' insert ``off-campus
housing safety,''.
Page 749, line 16, after ``information'' insert
``(including ways to increase off-campus housing safety)''.
Page 751, after line 4, insert the following new
subsection:
(e) Sense of the House of Representatives.--It is the sense
of the House of Representatives that in order to increase
awareness of the importance of student safety in off-campus
housing that is located in the areas surrounding colleges and
universities, the following should be encouraged:
(1) The creation of chapters at colleges and universities
that aim to raise awareness of the issue of off-campus
student safety.
(2) Public awareness on the benefits of security measures
that may increase the safety of students living in off-campus
housing.
(3) Collaborative partnerships between Federal agencies,
local law enforcement agencies, non-profit organizations,
colleges and universities, and communities to disseminate
information and best practices related to off-campus housing
safety for students.
Page 751, beginning on line 5, strike section 953 and
insert the following:
SEC. 953. PRIVATE LOAN FORGIVENESS.
Notwithstanding any other provision of law--
(1) a public or private institution of higher education may
provide an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia who is a current or
former student of such institution, financial assistance for
the purpose of repaying a student loan or providing
forbearance of student loan repayment: Provided, that such
repaying or providing forbearance is provided to any such
officer or employee in accordance with a written, published
policy of the institution relating to repaying or providing
forbearance, respectively, for students or former students
who perform public service; and
(2) an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia may receive repayment
or forbearance permitted under paragraph (1).
Page 765, line 23, page 770, line 9, and page 784, line 17,
strike ``part B of''.
Page 766, line 12, and page 770, line 23, after ``credit
plan,'' insert ``a reverse mortgage transaction,''.
Page 768, beginning on line 7, strike clause (i) and insert
the following:
``(i) standard material, activities, or programs on issues
related to a loan, default aversion, default prevention, or
financial literacy, such as a brochure, a workshop, or
training;
Page 768, line 19, strike ``or''; on page 769, line 2,
strike ``and''; and after line 2 insert the following new
clauses:
``(iv) the provision of financial literacy counseling or
services to students or parents, including counseling or
services provided in coordination with a covered educational
institution, to the extent that such counseling or services--
``(I) are not undertaken to secure applications for private
educational loans or to secure private educational loan
volume;
``(II) are not undertaken to secure applications or loan
volume for any loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965; and
``(III) do not promote the products or services of any
private educational lender;
``(v) philanthropic contributions to a covered institution
from a private educational lender that are unrelated to
educational
[[Page H749]]
loans, to the extent that such contributions are disclosed
pursuant to paragraphs (1) and (2) of section 153(a) of the
Higher Education Act of 1965, if applicable; or
``(vi) State education grants, scholarships, or financial
aid funds administered by or on behalf of a State; and
Page 770, line 24, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 of the Truth in Lending Act),''.
Page 774, strike lines 13 and 14 and insert the following:
(ii) by inserting ``128(e)(8), or'' after ``125,''; and
Page 778, line 20, after the period insert the following:
``The form of such written acknowledgment shall be subject to
the regulations of the Board.''.
Page 781, beginning on line 19, strike paragraph (4) and
insert the following:
``(4) Institutional certification required.--Before a
creditor may issue any funds with respect to an extension of
credit described in paragraph (1), the creditor shall obtain
from the relevant institution of higher education such
institution's certification of--
``(A) the enrollment status of the borrower;
``(B) the borrower's cost of attendance at the institution
as determined by the institution under part F of title IV of
the Higher Education Act of 1965; and
``(C) the difference between the borrower's cost of
attendance and the borrower's estimated financial assistance
received under title IV of the Higher Education Act of 1965
and other assistance known to the institution.
Page 784, before line 1, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(9) Provision of information.--On or before the date a
creditor issues any funds with respect to an extension of
credit described in paragraph (1), the creditor shall notify
the relevant institution of higher education, in writing, of
the amount of the extension of credit and the student on
whose behalf credit is extended. The form of such written
notification shall be subject to the regulations of the
Board.
Page 785, line 10, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 this Act),''.
The CHAIRMAN. Pursuant to House Resolution 956, the gentleman from
California (Mr. George Miller) and a Member opposed each will control
10 minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. I yield myself 1 minute.
I want to thank Mr. McKeon and the minority for working on this
manager's amendment. With this, it makes additional changes to the Pell
Grant program, additional changes to strengthen the TRIO and GEAR UP
programs, adds a master's program for the Historical Black Colleges and
Universities, and includes changes to encourage colleges and
universities to adopt energy efficient sustainable practices in their
campuses, and it enhances teacher training and development so we can
place qualified teachers in every classroom.
It is a bipartisan amendment that has been worked on by the staffs
and Members on both sides of the aisle in the committee and Members of
the House, and I urge its passage.
Mr. McKEON. Mr. Chairman, I claim the time in opposition, but I am
not opposed to the amendment.
The CHAIRMAN. Without objection, the gentleman from California is
recognized for 10 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, from the outset of this process, Chairman
Miller has recognized that by working together we can make this bill
stronger. Just as he worked with us on the underlying bill, he also
invited our input and involvement in the development of this manager's
package. I believe the amendment is stronger because of it, and I want
to thank him for his bipartisanship.
Anyone who has studied the college cost issue recognizes that there
are no easy or obvious solutions. It has taken 5 years of refining to
produce the proposal we are voting on here today.
When this process began, we identified three key principles to guide
our proposals. First, we saw the need for sunshine and transparency in
college costs. Students and families do not have access to accurate,
useful, and comparable information about college costs.
Second, we recognized that colleges and universities were not being
held accountable to consumers. There were no consequences for schools
that engaged in massive unexplained tuition increases year after year.
Third, in our effort to identify solutions, it became abundantly
clear that Congress could not do it alone. We realized that all
stakeholders must come together. That includes the Federal Government,
State government and local communities, institutions of higher
education, students, and parents.
States have scaled back their investment in higher education, and the
Federal Government has been expected to make up the difference. While
some of the details have changed over time, the bill before us adheres
to these same three principles.
I want to thank Chairman Miller for allowing me to take the lead on
these college cost provisions. After years of listening to
stakeholders, seeking the advice of experts, and studying potential
unintended consequences, I believe this proposal strikes the right
balance on the cost issue.
I also want to thank Chairman Miller for working with me to prevent
this bill from limiting access for low-income, first-generation, and
nontraditional students. An amendment offered during committee
consideration of the bill changed the way cohort default rates are
calculated. While the proposal did spur an important conversation about
how to get a more accurate understanding of default rates in order to
protect students and taxpayers, the consequences of the proposal would
have done far more damage than was intended. I am pleased that, in this
manager's amendment, we were able to forge a compromise that achieves
our goal of a more accurate cohort default rate calculation without
putting financial aid in jeopardy for the students who need it most.
On these and other issues, Chairman Miller has worked closely with me
to ensure the final bill reflects the priorities of Members on both
sides of the aisle. I thank him for his willingness to cooperate, and I
urge the majority to continue this spirit of cooperation to address
other flaws that remain in the bill, so that when this legislation is
signed into law, it is as strong as it can be.
Mr. Chairman, I reserve the balance of my time.
{time} 1345
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from Illinois (Mr. Davis), a member of the committee.
Mr. DAVIS of Illinois. I want to commend the committee, especially
Chairman Miller, Ranking Member McKeon, and all of the members,
actually, of the committee, for such an outstanding bill.
In particular, I want to thank the committee for its consideration of
items and issues of particular interest to me, students with
disabilities, the handling of Pell Grants and student loans, veterans
and their needs, especially those who are returning, and the efforts to
strengthen the Historically Black Colleges and Universities so that
those institutions can have master's degree programs that allow
students access to them. It's an outstanding bill; and, again, I
commend Chairman Miller and Ranking Member McKeon for an outstanding
piece of legislation.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes
to the gentlewoman from California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, last year Congress passed a
budget reconciliation bill that allows servicemembers to get a
deferment on their student loans when they are activated, but that
particular deferment only applies to repayment of the principle and
existing interest on these loans. It does not prevent new interest from
accruing while our servicemembers are on active duty.
One Reservist told me that while he was granted a deferment on his
loan, he was told that the interest would continue to accrue while he
was away and would be added on to his loan when he returned.
Servicemembers such as this Reservist already have enough to worry
about when they are called to active duty without this added burden.
This amendment will cover all active duty servicemembers, including
Reserve units and the National Guard.
According to CRS estimates, this will help the average servicemember
save between $1,200 and $1,500 over the course of a 12- to 15-month
activation period, with even more savings for those activated for
longer periods.
[[Page H750]]
In addition, and the best part, the CBO scored this amendment and
found that it will not cost the American taxpayer any significant
amount.
I urge my colleagues to support this amendment.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
We are here today addressing the college cost crisis, a problem that
has reached epic proportions in this country. There are many who
believe, me among them, that we should never have allowed this
challenge to reach a crisis point.
I am pleased to be acting today, but this bill serves as a reminder
that Congress often fails to recognize challenges in our higher
education system and act quickly to solve them. I am afraid we may be
making the same mistake by failing to recognize the brewing problems in
our Federal student loan programs.
Since 2006, Congress has cut nearly $30 billion from the Federal
Family Education Loan Program. While many of these reforms were needed
to improve program efficiency, I am afraid we may have gone too far,
cutting not just the fat but straight through to the bone.
The impact of these cuts has yet to be fully realized; but already
borrower benefits have been curtailed, lenders have left the program,
and workers have lost their jobs. The consequences of program cuts are
being exacerbated by a crunch in our financial markets that has
produced a loss of liquidity, an increase in financing costs, and
uncertainty about the future viability of the Federal loan program.
Just a few short months into this time of market turmoil, already
1,200 jobs have been lost and eight lenders have left the Federal
student loan program or severely limited participation. This includes
the departure of the seventh largest lender in the program. Major
lenders have significantly scaled back or ended their borrower benefit
programs.
Mr. Chairman, I am afraid this is only the tip of the iceberg. I had
hoped to offer an amendment today that would help ensure Congress does
not ignore these challenges until they, too, reach a crisis point.
My amendment was nothing more than a sense of Congress, but I believe
it would have signaled our commitment to averting a student loan crisis
before it happens. Unfortunately, I was blocked by the majority from
offering this amendment. It seems we have not yet learned from past
mistakes.
Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Honda).
Mr. HONDA. Mr. Chairman, I rise today in support of the College
Opportunity and Affordability Act. For decades, increases in college
tuition have outpaced inflation, posing financial challenges to many
students and families.
As a former teacher, school principal and school board member, I am
committed to providing our students with greater access to a higher
education, thereby ensuring that America remains competitive in the
global economy. Having well-trained teachers in our classrooms is
essential to preparing our children for the jobs of tomorrow.
It is estimated that over 2 million new teachers will be needed in
the next 10 years. H.R. 4137 provides individuals seeking a rewarding
career in teaching more opportunities to enroll in high-quality teacher
preparation programs.
This legislation will enhance the teacher workforce by establishing
Centers of Excellence in teacher training and providing grants to
community colleges to establish or improve teacher preparation and
professional development programs. H.R. 4137 will also help improve
reading for as many as 10 million struggling readers.
During my tenure as a school administrator, I successfully
established a program for students with dyslexia. Central to this
program was the specialized training every teacher received on how to
address the needs of students with reading difficulties.
After more than 20 years, there still appears to be a gap between
what is known about effective reading structure and how teachers are
being trained. H.R. 4137 includes provisions to expose this gap by
examining the quality and extent to which teacher training programs are
based on the recommendations of the congressionally requested National
Reading Panel.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Altmire).
Mr. ALTMIRE. Mr. Chairman, I want to take a moment to highlight a few
aspects of this bill that I worked to include. During committee
consideration of the bill, I offered and passed an amendment to
encourage colleges and employers to form partnerships that identify
high-demand occupations and create educational pathways for students to
pursue them.
These partnerships will help students succeed in the job market and
provide local businesses with the skilled workers they need to grow.
This bill also includes my legislation that requires the Department of
Education to forgive the student loans of veterans who are determined
to be totally and permanently disabled by the VA.
This will end the duplicative and burdensome process that disabled
veterans currently must endure. It also includes my legislation to
provide grants for teacher preparation courses at minority-serving
institutions to help them recruit and prepare the teachers of tomorrow.
This legislation will expand our teaching pipeline and improve the
diversity of our Nation's teachers and teaching force. The College
Opportunity and Affordability Act significantly improves our higher
education system, and I encourage my colleagues to support it.
Mr. McKEON. May I inquire of the time remaining.
The CHAIRMAN. The gentleman from California has 4 minutes, and the
gentleman from Texas has 4\1/2\ minutes.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I am pleased to have helped add a little
green idea to our higher education bill. I want to thank Chairman
Miller for incorporating an idea that I have proposed into this
manager's amendment, which will really help colleges in some of the
terribly exciting work they are doing to green up their campuses.
I visited Plymouth State University in New Hampshire a while back,
which has built the Langdon Woods dormitory. It's a 100,000 square-foot
dormitory. It's a beautiful dorm, and they are saving enormous amounts
of energy because they built it green with good insulation, co-
generation, triple-pane windows. It's a great idea.
We have an amendment that has been incorporated that is going to help
colleges move forward in three ways. First, it will call for those who
use these Federal funds for the colleges to meet or exceed minimum
energy efficiency standards for their new renovations or construction
as developed by the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, two other ways we are going to do it.
Congratulations to these colleges.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the ranking member on
the subcommittee, Mr. Castle from Delaware.
Mr. CASTLE. I thank the distinguished ranking member for yielding.
Mr. Chairman, I am very pleased to rise in support of the legislation
and to rise in support of the manager's amendment.
I hope that everybody who supports considering this bill today is
paying attention to what I think all of us are hearing at home, and
that is that the cost of college education is going up faster, as the
cost of living increases, than anything, including health care; that is
a vital part of our economy; that if we do not produce good college
graduates and graduate students beyond that, that we will be hurt
greatly from an economic point of view; and that we need to address
these issues.
I think this legislation, which was forged with the help of
Republicans and Democrats, with amendments by Republicans and
Democrats, is balanced legislation and serves the purpose of dealing
with looking closely at college costs and asking them to pay attention
to it.
We have had a number of hearings about this; and some have produced
good testimony, some have produced
[[Page H751]]
sort of marginal testimony in terms what could be done. In my view,
this legislation is a big step forward in addressing that issue. I know
all the college presidents and boards mean well, but the bottom line is
they have to serve well too. They have to make sure that college is
affordable to as many people as possible.
I will be involved in several of the amendments later on, but the
basic underlying structure of what we are trying to do here today is of
great importance to the entire educational and economic future of our
country. I hope that all of us can be as supportive as possible of the
legislation and of the manager's amendment.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to my friend and
colleague from the great State of Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy in permitting
me to speak on this; and I particularly appreciate the chairman, Mr.
Miller, and the Ranking Member, Mr. McKeon having incorporated into
this legislation the committee work that we have been doing for the
last several years dealing with sustainability in higher education.
I would like this provision to be named after the late Debbie
Murdock. She was a leader at Portland State University with whom I
worked who tragically left us far too soon, to make sure that we have
equipped, to have strong sustainability programs. This is the wave of
the future. This is where the jobs are to be found.
This is what our companies need to be competitive in a world of
global warming and climate change. Only 30 percent of these companies
say, they have the people with the skills and information and personnel
to meet the environmental, sustainability challenge. This provision
will enable colleges to develop sustainability programs, and to
implement those sustainability programs, to have the appropriate
evaluation to know what works.
I hope this is the tip of the iceberg for programs we can work on in
the future. I look forward to working with the chairman, looking
forward to working with my friend, the subcommittee Chair and our
friends on the otherside of the aisle like Mr. McKeon and Mr. Ehlers on
this critical bipartisan legislation.
{time} 1400
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the gentleman
from Minnesota (Mr. Walz) for 1\1/2\ minutes.
Mr. WALZ of Minnesota. Mr. Chairman, I say a special thank you to
Chairman Miller and the ranking member. As a lifelong educator and a
teacher in the classroom for 20 years, the understanding and the work
that has been put into this piece of legislation is something that I
think we can all be very proud of. It takes in and understands the
investment in America's future comes in education.
I would like to make one comment. One of the issues that doesn't come
up very often in the cost of college expenses is the cost of textbooks.
It runs about $900 for an average student. One of the problems we've
seen is small changes in textbooks that require students to buy new
ones each and every year. There was a very important person in my
district, Jared Stene, who was the president of the Winona State
University Student Senate. Jared worked for years tirelessly on this
issue to bring about some transparency in how textbooks are marketed.
Unfortunately, Jared passed away unexpectedly over Thanksgiving, and I
thank the chairman for giving me the opportunity and for the work he
did in the committee to address this very issue.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
Mr. WALZ of Minnesota. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. I just wanted to say that we did
respond in this manager's amendment by making this process more
transparent, encouraging greater communication and cooperation between
the students, faculty, college bookstores, and publishers in providing
an accurate description of what the revisions in the textbooks, what
the new edition really means.
Very often we have been told by students and faculty and those
concerned with this, as you are, that sometimes these changes are de
minimis, but you have to have the new textbook; you can't use a used
textbook.
We think this will be an improvement, and I thank you so much for
hounding the committee on this subject. I think this is the beginning
of increased transparency and concentration on this problem of rising
textbook and educational material cost increases.
Mr. WALZ of Minnesota. I thank the chairman.
Mr. HINOJOSA. Madam Chairman, how much time remains?
The Acting CHAIRMAN (Ms. DeGette). The gentleman from California has
2 minutes remaining. The gentleman from Texas has 1 minute remaining.
Mr. HINOJOSA. I reserve the balance of my time to close.
Mr. McKEON. If the gentleman is prepared to close, I am in strong
support of the manager's amendment, and I yield back the balance of my
time.
Mr. HINOJOSA. Madam Chairman, it is an honor to be able to close this
debate on the higher education bill, one that is going to be one of the
most meaningful pieces of legislation that I have participated in,
together with our chairman, George Miller, and with our good friend,
Buck McKeon from California, who has been a real gentleman and a great
leader in higher education.
I believe that this will open the doors to so many men and women
throughout the country. It will raise the level of education attainment
in many regions of the country. All I can say is we are delighted that
we can be working with leaders of the quality of Buck McKeon and Mike
Castle, and many others on the other side of the aisle.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. McKeon
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 110-523.
Mr. McKEON. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. McKeon:
At the end of title VIII, add the following new section:
SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.
(a) Analysis of Federal Regulations on Institutions of
Higher Education.--The Secretary of Education shall contract
with the National Research Council of the National Academies
to conduct a study to ascertain the amount and scope of all
Federal regulations and reporting requirements with which
institutions of higher education must comply. The study shall
include information describing--
(1) by agency, the number of Federal regulations and
reporting requirements affecting institutions of higher
education;
(2) by agency, the estimated time required and costs to
institutions of higher education (disaggregated by types of
institutions) to comply with the regulations and reporting
requirements as required in (a)(1); and
(3) by agency, recommendations for consolidating,
streamlining, and eliminating redundant and burdensome
Federal regulations and reporting requirements affecting
institutions of higher education.
(b) Submission of Report.--The Secretary shall submit the
report required by subsection (a) to the authorizing
committees (as such term is defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
18 months after the date of enactment of this Act.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Madam Chairman, I yield myself such time as I may
consume.
Before this reauthorization even began, I was involved in an
innovative, bipartisan effort known as the FED UP project that laid the
groundwork by reducing red tape, eliminating outdated rules, and
streamlining Federal financial aid programs.
[[Page H752]]
The late Representative Patsy Mink and I joined together to solicit
input from the higher education community to increase the effectiveness
of our Federal financial aid programs by cutting through the red tape
and regulations. We did this because over the years, colleges and
universities have become subject to an increasing level of Federal
regulation. Unfortunately, when new regulations are layered on top of
the old, we often end up with duplication and confusion.
Today, as we contemplate another set of new programs, regulations,
and requirements, I believe we need to renew that commitment to less
red tape. That's why I am proposing a comprehensive study of the
regulations that impact higher education. Under my plan, the National
Research Council will undertake a governmentwide review to identify
regulations that are duplicative and unnecessary.
Particularly in a bill with so many duplicative and unnecessary new
programs, there is a danger that we may be exacerbating the college
cost crisis by burdening colleges and universities with excessive new
reporting and compliance costs. With this study, I hope we can move in
a different direction.
I urge my colleagues to support this amendment.
I reserve the balance of my time.
Mr. HINOJOSA. Madam Chairman, I rise in support of the McKeon
amendment.
The Acting CHAIRMAN. Without objection, the gentleman from Texas is
recognized for 5 minutes.
There was no objection.
Mr. HINOJOSA. I wish to give 30 seconds to the gentleman from
California (Mr. George Miller).
Mr. GEORGE MILLER of California. Madam Chairman, I also rise in
support of this amendment and commend Mr. McKeon. He has been working
on this for a considerable period of time.
I think it makes sense even more so now, it was envisioned in an
earlier reauthorization, because it will include the programs that
survive the conference committee and become law. It will also compare
those new programs against existing programs, and I ask our colleagues
to support this amendment.
Mr. HINOJOSA. Madam Chairman, I yield back the balance of my time.
Mr. McKEON. Madam Chairman, I wish to thank Chairman Miller and
Chairman Hinojosa for their support and for the hard work that they
have put into this bill, and let them know how much I have appreciated
working with them not just on this bill but over the years. And I hope
that all of our colleagues will support this amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. McKeon).
The amendment was agreed to.
Amendments En Bloc Offered by Mr. Hinojosa
Mr. HINOJOSA. Madam Chairman, I offer amendments en bloc.
The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 3, 8, 20,
14, and 15 printed in House Report 110-523 offered by Mr.
Hinojosa:
Amendment No. 3 Offered by Mr. Kildee
The text of the amendment is as follows:
Page 206, line 18, strike ``Allotment of Remaining Funds''
and insert ``Allocation of Funds''.
Page 206, line 20, strike ``subsection'' and insert
``subsections'', and after line 20 insert the following new
subsection (and redesignate the succeeding subsection
accordingly):
``(e) Construction Grants.--
``(1) In general.--Of the amount appropriated to carry out
this section for any fiscal year, beginning with fiscal year
2009, the Secretary may reserve 30 percent of such amount for
the purpose of awarding 1-year grants of not less than
$1,000,000 to address construction, maintenance, and
renovation needs at eligible institutions.
``(2) Preference.--In providing grants under paragraph (1)
for any fiscal year, the Secretary shall give preference to
eligible institutions that have not received an award under
this section for a previous fiscal year.
Amendment No. 8 Offered by Mrs. Davis of California
The text of the amendment is as follows:
After section 453 of the bill, insert the following new
section (and redesignate the succeeding section accordingly):
SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE
MEMBERS.
(a) Amendment.--Section 455 (20 U.S.C. 1087e) is further
amended by adding at the end the following:
``(o) No Accrual of Interest for Active Duty Service
Members.--
``(1) In general.--Notwithstanding any other provision of
this part, and except as provided in paragraph (3), interest
shall not accrue for an eligible borrower on a loan made
under this part that is disbursed on or after October 1,
2008.
``(2) Consolidation loans.--In the case of any
consolidation loan made under this part that is disbursed on
or after October 1, 2008, interest shall not accrue pursuant
to this subsection only on such portion of such loan as was
used to repay a loan made under this part that was disbursed
on or after October 1, 2008.
``(3) Eligible borrower.--In this subsection, the term
`eligible borrower' means an individual who--
``(A)(i) is serving on active duty during a war or other
military operation or national emergency; or
``(ii) is performing qualifying National Guard duty during
a war or other military operation or national emergency; and
``(B) is serving in an area of hostilities in which service
qualifies for special pay under section 310 of title 37,
United States Code.
``(4) Limitation.--An individual who qualifies as an
eligible borrower under this subsection may receive the
benefit of this subsection for not more than 60 months.''.
(b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C.
1078-3(b)(5)) is amended by inserting after the first
sentence the following: ``In addition, in the event that a
borrower chooses to obtain a consolidation loan for the
purposes of using the no accrual of interest for active duty
service members program offered under section 455(o), the
Secretary shall offer a Federal Direct Consolidation loan to
any such borrower who applies for participation in such
program.''.
Amendment No. 20 Offered by Mr. Inslee
The text of the amendment is as follows:
Page 365, after line 11, insert the following:
SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.
It is the sense of Congress that--
(1) the Federal Perkins Loan Program, which provides low-
interest loans to help needy students finance the costs of
postsecondary education, is an important part of Federal
student aid, and should remain a campus-based aid program at
colleges and universities; and
(2) in order to strengthen the Federal Perkins Loan
Program, the Federal Government should support increased
funds to the Program and restore the capital contribution
funds for the Program, to provide more low-income students
with affordable borrowing options.
Page 512, strike lines 4 through 7 and insert the
following:
``(e) Prohibition.--No funds made available under this part
may be used to provide financial assistance--
``(1) to students who do not meet the requirements of
section 484(a)(5); or
``(2) to any institution of higher education after the date
of enactment of this subsection unless the institution
demonstrates to the Secretary that the institution meets or
exceeds the most current version of ASHRAE/IES Standard 90.1
(as such term is used in section 342(a)(6) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) for any
new facilities construction or major renovation of that
institution after that date, except that this paragraph shall
not apply with respect to barns or greenhouses or similar
structures owned by the institution.''.
Page 658, line 22, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
Page 661, line 15, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
Amendment No. 14 Offered by Mr. Lantos
The text of the amendment is as follows:
Page 490, after line 13, insert the following new
subsection:
(g) Additional Technical Amendments.--
(1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by
inserting ``(including a masters degree)'' after ``leading to
a graduate degree''.
(2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by
inserting ``(including a masters degree)'' after ``leading to
a graduate degree''.
(3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is
amended by inserting ``at the institution'' before the
semicolon at the end.
Amendment No. 15 Offered by Mr. Edwards
The text of the amendment is as follows:
Page 63, after line 17, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND DEPENDENTS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND DEPENDENTS.
``(a) Requirement.--A member of the armed forces on active
duty for a period of
[[Page H753]]
more than 30 days whose domicile or permanent duty station is
in a State, and the dependents of such a member, may not be
charged tuition for attendance at a public institution of
higher education in that State at a rate that is greater than
the rate charged for residents of that State.
``(b) Continuation.--If a member of the armed forces, or a
dependent of a member, pays tuition at a public institution
of higher education in a State at a rate determined by reason
of subsection (a), the provisions of subsection (a) shall
continue to apply to such member or dependent while
continuously enrolled at that institution, notwithstanding a
subsequent change in the permanent duty station of the member
to a location outside the State.
``(c) Effective Date.--This section shall take effect at
each public institution of higher education in a State at the
beginning of the first period of enrollment at that
institution that begins more than 90 days after the date of
enactment of the Military Child College Affordability Act.
``(d) Definitions.--For purposes of this section:
``(1) State.--The term `State' has the meaning given that
term in section 103 of this Act.
``(2) Military definitions.--The terms `armed forces' and
`active duty for a period of more than 30 days' have the
meanings given those terms in section 101 of title 10, United
States Code.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Hinojosa) and the gentleman from California (Mr.
McKeon) each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. HINOJOSA. Madam Chairman, I wish to recognize the chairman of the
Subcommittee on Elementary and Secondary Education, the Honorable
Congressman Dale Kildee, for as much time as he may consume.
Mr. KILDEE. Madam Chairman, I want to thank Chairmen Miller and
Hinojosa and Ranking Members McKeon and Keller for reporting this fine
bill out of committee by a vote of 45-0.
It was 10 years ago that Mr. McKeon and I managed the reauthorization
of this bill, and that was a labor of love during that time, and I
think we are going to have a great bill here again today. I remember
those 10 years ago very fondly.
This amendment clarifies that the Secretary of Education may continue
to set aside a percentage of the funds appropriated for tribally
controlled colleges and universities for a competition for grants for
facilities at TCCUs. Since 2002, the secretary has conducted this
competition pursuant to appropriations language.
My amendment will ensure that these colleges have the resources they
need to invest in their infrastructure. That is why this competition
has been so important to all the TCCUs. My amendment is strongly
supported by the American Indian Higher Education Consortium and the
National Education Association, and I urge my colleagues to support
this amendment.
At this time I would like to yield to the gentlewoman from Kansas
(Mrs. Boyda).
The Acting CHAIRMAN. Who is controlling the time on behalf of the
amendment?
Is the gentleman from Michigan controlling the time?
Mr. KILDEE. I am controlling the time at this time and I yield to her
such time as she may consume.
Mrs. BOYDA of Kansas. Madam Chairman, I rise today to ask my esteemed
colleagues for their enthusiastic support for an amendment that
Representative Chet Edwards and I are offering.
Quite simply, this amendment makes certain that children and
dependents of active service duty members can afford higher education.
It guarantees in-State tuition for the dependents of military family
members, and it ensures that these students may maintain their in-State
rates even if a parent or guardian is reassigned out of State.
In Kansas, we have always believed that everyone who works hard
should have the chance to succeed. Kansans believe that education
should open doors, not close them. Education should create
opportunities. Requiring military dependents to pay out-of-State
tuition leaves military students, the children of our Nation's heroes,
sometimes with debt as far as the eye can see.
I am proud that my State of Kansas, like many others, extends both
benefits to military dependents. But now Congress must act to support
servicemembers in all 50 States. All but five States in America offer
in-State tuition to military dependents, and all but 17 preserve those
in-State rates even if a loved one is reassigned.
Military parents, like all parents, want a high-quality and
affordable education for their children. Due to the nature of their
jobs, which often requires frequent moves, military families are too
often faced with the extra challenge of making sure their children
receive an affordable education without endlessly transferring schools.
Our country's servicemembers are making the ultimate sacrifice for
us. It is our duty to do everything within our power to help them take
care of their loved ones. We must help them serve with a clear mind,
unworried about the financial security and educational futures of their
children. The very last thing a soldier needs to worry about while
navigating the streets of Baghdad is whether his or her child can pay
for college.
I rise today to ask my esteemed colleagues for their enthusiastic
support for the children of these heroes of our Nation's military.
{time} 1415
Mr. McKEON. We are discussing all four amendments at this time en
bloc?
The Acting CHAIRMAN. The gentleman is advised that there are five
amendments en bloc: No. 3, Kildee; No. 8, Davis; No. 14, Lantos; No.
15, Edwards; and No. 20, Inslee.
Mr. McKEON. Madam Chairman, I rise to claim the time in opposition,
although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Madam Chairman, I support the amendments, with a couple
of caveats. The Inslee amendment, while we are not objecting to this
amendment, we do have some concerns about the consequences of the
amendment. The requirement that these sustainability grants provide for
greenhouse gas emissions reductions will increase operating costs for
colleges and universities. If that happens, the result will be still
higher tuition and fees for students at a time when we're trying to
lower the cost of the higher education.
And some comments on the Susan Davis amendment. I appreciate the
amendment. I served with Mrs. Davis on the Armed Services Committee,
and I appreciate her efforts. There are some questions that I do have.
First, what her amendment does, it says that an individual that is
serving on active duty during a war, performing qualifying National
Guard duty during a war, military operation or national emergency and
is serving in the area of hostilities in which service qualifies for
special pay, I'm hopeful that that includes everyone that we're trying
to reach in the service, and I'm not sure that that is totally
inclusive for what she's trying to cover.
And then the next concern I have is that the borrower must have
obtained their loan through the government-run direct loan program.
Currently, the direct loan program only provides about 20 percent of
the loans, so that would mean that if one of these military personnel
got their loan through one of the other programs, they would be
excluded from this. I believe her intention would be to grant this
benefit to all serving in the military in wartime. So I'm hopeful that
we can clean that up, make changes in that during the conference,
because I believe that that's probably her intent on that.
And, finally, I would like to also say to my good friend, Mr. Kildee,
the 10 years have gone quickly. But he looks just as young as he did 10
years ago, and I appreciated working with him then, as I do now.
Madam Chairman, I yield back the balance of my time.
Mr. KILDEE. Madam Chairman, I yield to the gentlewoman from Ohio
(Mrs. Jones) for a unanimous consent request.
(Mrs. JONES of Ohio asked and was given permission to revise and
extend her remarks.)
Mrs. JONES of Ohio. I thank the gentleman for yielding.
Madam Chairman, I rise in support of H.R. 4137, the College
Opportunity and Affordability Act of 2007, as reported by the Education
and Labor Committee under the able leadership of the gentlemen from
California, Chairman Miller and Ranking Member McKeon.
[[Page H754]]
I want to commend the chairman specifically for including in the bill
a provision requiring the Government Accountability Office to examine
the impact that law school accreditation requirements and other factors
have on the costs of law school and student access to law school,
including the impact of such requirements on racial and ethnic
minorities. I would also like to thank my colleague Representative
Bobby Scott for his efforts to have this amendment included.
This provision is important and timely in light of a 15 year decline
in minority law school enrollment documented by a Columbia Law School
web site created in conjunction with the Society of American Law
Teachers. As described in the National Law Journal and other
publications, the site uses 12 graphs and nearly 200 data points to
illustrate an 8.6 percent drop in law school enrollment among African
American and Mexican American students between 1992 and 2006. This
disturbing trend has occurred even while overall law school enrollment
numbers have increased and admissibility indicators for minority
applicants have improved.
in addition, 2007 statistics from the Law School Admissions Council
suggest that high shutout rates may be discouraging African American
and Mexican American students from applying to law school in the first
place; data show that the number of African American and Mexican
American applicants has fallen significantly since 2004.
One certain factor in the trend is the over-reliance of law schools
and accreditors on L.S.A.T. scores as an admissions criterion and I
expect the GAO study to bear that out.
In the meantime, Madam Chairman, this trend threatens great harm to
minority and disadvantaged communities throughout the United States
where the consequences will include reduced access to quality legal
services and less economic opportunity and empowerment. It is therefore
critical that Congress understand and take active steps to counteract
the various factors that have contributed to the decline.
Realizing the promise of ``equal justice under the law'' requires
that we ensure equal opportunity to legal education for students who
come from, and intend to serve, our Nation's neediest communities.
Despite the remarkable progress that has been made, many obstacles to
opportunity remain. We cannot stand idle as minority
underrepresentation in the legal profession increases.
So, as we await the results of the GAO study, I respectfully urge my
colleagues on the Education Committee to conduct hearings that will
illuminate the problem, its causes, and expert recommendations for
alleviating it.
In closing, I will insert into the Record the aforementioned
articles. There are current efforts underway by members of the
Congressional Black and Hispanic Caucuses to formally request a hearing
on this subject and to urge the ABA Section of Legal Education to adopt
law school accreditation standards that are consistent with the goal of
increasing minority representation in the legal profession.
Madam Chairman, I urge my colleagues to support the bill.
[From the National Law Journal, Jan. 21, 2008]
Minority Enrollment Is Faltering
(By Leigh Jones)
A web site recently established by an elite law school
paints a dismal picture of enrollment among certain minority
groups in law schools generally--a picture that may well
become still bleaker.
Enrollment of blacks and Mexican-Americans has fallen by
8.6% in the past 15 years, according to a Web site created by
Columbia Law School and the Society of American Law Teachers
(SALT).
The decline has occurred as applications to law schools
among those two groups have remained constant and as law
school enrollment overall has increased since 1992.
With law schools continuing to revere U.S. News & World
Report rankings and with anti-affirmative action initiatives
possibly being on the ballot in five states in November, it
appears that the situation may only worsen.
``It's not a pipeline problem,'' said Conrad Johnson,
clinical professor of law at Columbia. Johnson and two law
students working with the school's Lawyering in the Digital
Age Clinic helped create the Web site, along with SALT. He
said that the statistics, compiled from information provided
by the Law School Admission Council, dispute the notion that
the low enrollment numbers among blacks and Mexican-Americans
are due to dwindling applications from those groups.
Eye on rankings
From 1992 to 2006, the number of blacks and Mexican-
Americans enrolled in the nation's law schools accredited by
the American Bar Association (ABA) fell from 3,937 to 3,595.
During that same time period, the number of ABA accredited
law schools grew from 176 to 195.
Johnson acknowledged an uptick in African-American
enrollment in 2006, the biggest increase in 10 years, but he
said that a combination of both groups showed a continuous
decline during the 15-year period.
Vernellia Randall, a professor at University of Dayton
School of Law and creator of the The Whitest Law School
Report, said that law schools, concerned about their U.S.
News & World Report rankings, are requiring higher scores
from applicants on the Law School Admission Test (LSAT),
which has resulted in lower admission numbers among people
from the two minority groups.
In the rankings, a school's median LSAT score is part of a
larger score designed to measure a school's selectivity in
choosing applicants who enter an incoming class. Selectivity
accounts for 25% of a school's ranking.
The Columbia Law School Web site notes that LSAT and grade-
point average scores have increased among African-American
and Mexican-American applicants. But more demanding
requirements from law schools continue to outpace
improvements in scores, Randall said.
``It's going to get a whole lot worse before it gets
better,'' she said.
U.S. News & World Report does not include diversity as one
of the factors in the rankings, but it does publish a
separate ranking of law schools that have high minority
enrollment numbers. Revamping the general law school rankings
to include diversity as a factor would be difficult, said
Robert Morse, director of data research at U.S. News & World
Report.
Not only would the standard need to account for the
difference in minority populations in various parts of the
country, but the rankings would require a value judgment
regarding which minority groups' enrollment ``improved'' a
school, he said.
Part of the concern about the low numbers relates to
efforts in five states to ban race- and gender-based
preferences. Arizona, Colorado, Missouri, Nebraska and
Oklahoma all have initiatives under way to place questions on
November ballots that would end programs that increase
minority and female numbers in education and in government.
The effort is led by Ward Connerly, president of the American
Civil Liberties Institute, which led successful efforts to
ban such preferences in California, Michigan and Washington.
``Preferences are morally wrong,'' said Connerly, who is
black.
The U.S. Supreme Court ruled in 2003 in Grutter v.
Bollinger, 539 U.S. 306, that the University of Michigan Law
School's race-preference admissions policy served a
compelling interest in maintaining a diverse student body.
Marquette University Law School Dean Joseph Kearney said
his school relies heavily on affirmative action to recruit
minorities. Marquette was ranked No. 8 among Randall's latest
ranking of the "Whitest Law Schools." Its student body is
89.5% white, with black enrollment equaling 2.7% and Mexican-
Americans making up 0.7%, according to the 2007 ABA Official
Guide to ABA Approved Law Schools.
Kearney, who challenges the validity of Randall's list,
attributes his school's low numbers to competition from its
state competitor, University of Wisconsin Law School, which
has lower tuition and is aggressive on minority recruitment.
____
[From the National Law Journal, Jan. 4, 2008]
Enrollment Decline Reported for Minority Law Students
(By Vesna Jaksic)
Columbia Law School has launched a Web site documenting the
declining trend of minority students' enrollment in law
schools.
The site calls the trend disturbing and says that while
African-American and Mexican-American students have applied
to law schools in relatively constant numbers over the last
15 years, their representation has fallen by 8.6 percent,
from 3,937 in 1992 to 3,595 in 2006. The site points out that
this is occurring at a time minority students' leading
admissibility indicators have improved and the number of law
schools has increased to provide room for nearly 4,000 more
students.
The Web site was created by Columbia Law School's Lawyering
in the Digital Age Clinic, in collaboration with the Society
of American Law Teachers, or SALT. It contains 12 graphs and
nearly 200 data points based on yearly Law School Admission
Council statistics.
``We need diversity in our legal profession to promote
better legal education and fairness in our system of
justice,'' Conrad Johnson, clinical professor of law at
Columbia and a member of SALT's board of directors, said in a
news release.
The site also includes an analysis of Grutter v. Bollinger,
the 2003 U.S. Supreme Court decision that reaffirmed the
limited use of affirmative action in university and law
school admissions.
Columbia Law School students Christina Quintero and Jeffrey
Penn helped create the Web site as part of their Lawyering in
the Digital Age Clinic. The clinic provides hands-on
experience in digital technologies that help shape the legal
profession. Through the clinic, students work with public
interest lawyers and members of the judiciary and handle
issues such as eviction cases, advocate to restore government
benefits and help organize pro bono efforts.
____
[From the Wall Street Journal online, Jan. 17, 2008]
Study Shows Grim Outlook for Minority Law-School Enrollment
(By Peter Lattman)
Law-school enrollment of African-Americans and Mexican-
Americans has fallen by
[[Page H755]]
8.6 percent in the past 15 years, according to a Web site
created by Columbia Law and the Society of American Law
Teachers. And with anti-affirmative action admissions
measures gaining traction around the country, the numbers
could get worse, according to an NLJ story.
The decline has come as applications to law schools among
those minority groups have remained constant and law school
enrollment overall has risen since 1992.
``It's not a pipeline problem,'' said Conrad Johnson
(pictured), a clinical professor at Columbia and Law Blog
Moustache Society. who helped create the site. The stats,
compiled from LSAC data, counter the notion that minorities
are submitting fewer law-school applications. He did
acknowledge an increase in blacks' student enrollment in
2006, but said that the numbers are in overall decline.
Another professor, Vernellia Randall, a professor at Dayton
Law who created something called The Whitest Law School
Report, agrees, and thinks one reason is that schools are
requiring higher LSAT scores, which results in lower
admission numbers for minority groups. ``It's going to get a
whole lot worse before it gets better,'' she told the NLJ.
``The net result is that . . . law schools are not
progressing towards more inclusive admissions,'' concludes
the Columbia Law clinic's Web site. ``This affects everyone
who is concerned about better education and a more
representative legal profession.''
Readers, from your vantage point, what are the biggest
hurdles to minority advancement in the law?
Mr. EDWARDS. Madam Chairman, I rise today in support of an amendment
that includes the language of H.R. 3780, the Military Child College
Affordability Act, to ensure that military dependents receive in-state
college tuition. I urge my colleagues to do the same.
There are two serious problems that this amendment addresses. First,
there are states that do not give military families in-state tuition
rates even when the service member is stationed there. For example,
dependents of service members stationed in Michigan must pay $31,302
per year to attend University of Michigan. This is in contrast to the
$10,448 yearly cost for in-state tuition, resulting in a $20,854
education tax on our military families.
The second problem is that in 17 states, military sons and daughters
have to start paying out-of-state tuition if their parents are re-
stationed to another state. For example, in California, if a military
connected college student is enrolled in the University of California
system, his or her yearly tuition jumps from the in-state level of
$7,347 to $19,068 if their parents are transferred out of state,
despite the fact that the student could have already been enrolled for
several semesters.
Let me share with you an example of the effects of this additional
burden on our military families. This is from the spouse of a military
wife, stationed with her husband in Hawaii.
My daughter is a junior at the University of Hawaii. We
have been able to pay in-state tuition because my spouse is
stationed here. My spouse was deployed to Iraq in August of
2006 and returned after 15 months. He is most likely going to
[be re-stationed] in January of 2008. The university has
informed us that as soon as he leaves, we will have to pay
out of state tuition.
This would cause the tuition they pay for their daughter to jump from
$5,952 per year to $16,608 for her last year of college.
This same family's younger daughter is affected as well. I quote from
her mother's letter: ``It is enough that our daughters will not see
their Dad for the last two years, but now we are telling them that she
may not be able to attend University of Hawaii because we will be
charged out of state prices.''
This amendment mandates in-state tuition benefits for military
dependents if their parent is stationed or domiciled in that state.
Further, this amendment would say that a military child can continue to
pay in-state tuition if his or her parent is re-stationed outside of
that respective state after the son or daughter has started college.
It is my belief that we have asked enough of our military families
already, and should not require them to pay unfair tuition rates to
send their children to college. I urge my colleagues to support this
amendment and the children of the United States Armed Forces.
Mr. KILDEE. Again, Madam Chairman, I urge support for these
amendments en bloc, and I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendments en bloc
offered by the gentleman from Texas (Mr. Hinojosa).
The amendments en bloc were agreed to.
Amendment No. 4 Offered by Mr. Petri
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 110-523.
Mr. PETRI. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Petri:
Page 451, line 24, strike ``and''; on page 452, line 5,
strike the period and insert ``; and''; and after such line
insert the following new paragraph:
``(8) the feasibility of a specific alternative market-
based mechanism that will--
``(A) determine lender returns;
``(B) result in reduced Federal costs on a program-wide
basis, on loans made, insured, or guaranteed under part B of
this title, excluding from consideration the Federal PLUS
loans described in section 428B that are the subject of the
competitive loan auction pilot program under this section;
``(C) include not more than--
``(i) 10 percent of the annual loan volume under this part
B of this title during the first year of the alternative
pilot program; and
``(ii) 20 percent of the annual loan volume under this part
B of this title during the subsequent years of the
alternative pilot program;
``(D) permit participation in any alternative auction-based
pilot program on a voluntary basis for eligible institutions
and eligible lenders participating under part B of this title
prior to July 1, 2007; and
``(E) provide for all savings to the United States Treasury
generated by such alternative pilot program to be distributed
to institutions participating under this section on a basis
proportionate to loan volume under such part for
supplemental, need-based financial aid, except than an
institution that is operating as an eligible lender under
section 435(d)(2) shall not be eligible for any such
distribution.
Page 452, line 14, strike the close quotation marks and
following period, and after line 14 insert the following new
subsection:
``(e) Independent Evaluation.--The Government
Accountability Office shall conduct an independent evaluation
of any auction or auctions conducted under this section no
later than September 1, 2013.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. PETRI. Madam Chairman, my alternative market study mechanism,
which is before us, this amendment would significantly advance our
understanding of market-based reforms to the guaranteed student loan
program that were begun last year during our consideration of the
College Cost Reduction Act. This Congress has demonstrated significant
interest in developing some type of comprehensive market-based reform
in order to overhaul the guaranteed loan program and make certain that
taxpayers' interests are better served.
Last year, I had the opportunity to offer an amendment in the
Education and Labor Committee to the College Cost Reduction Act to
study and pilot a market-based reform, such as an auction, to determine
how the Federal Government may better determine lender yields to reduce
wasteful spending in the guaranteed loan program. This amendment was
adopted in the committee and included in the bipartisan House-passed
bill last summer.
Well, I was pleased that an auction pilot was included in the final
law. There is growing concern among reformers, the lending industry,
and the administration that the Senate model which was adopted may have
significant implementation and logistical challenges.
However, this bill presents us with an opportunity to further study
and consider an effective market-based reform proposal. So the
amendment before us would simply amend the current auction pilot
evaluation language included in this bill to require the Secretaries of
Education and the Treasury, in conjunction with the Government
Accounting Office, the Office of Management and Budget, and the
Congressional Budget Office, to evaluate the feasibility of an
alternative market-based reform to the Federal Family Education Loan
Program. The alternative should reduce Federal costs to taxpayers and
use savings to increase need-based grants to lower-income students.
I'd urge Members to support this amendment to further our
understanding of market-based reform options. The study would mark an
important step toward fully understanding market-based reforms of the
program and would build on reforms incorporated in the College Cost
Reduction Access Act. And again I'd ask my colleagues to support an
alternative market mechanism study amendment.
Madam Chairman, I reserve the balance of my time.
Mr. McKEON. Madam Chairman, I claim the time in opposition to the
amendment.
[[Page H756]]
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. McKEON. Madam Chairman, this amendment essentially requires a
feasibility study on market mechanisms that could then be used to
determine lender returns when making student loans. Had we not just
adopted an auction process for student loans in the recently passed
budget cutting bill, this might make sense.
This amendment may be couched in terms of a study; however, it's
difficult to see how the Secretary would study something like this
without actually implementing a broader pilot, and that is the main
concern that we have.
The Department of Education conducted a market mechanism study
several years ago with the GAO and others. That extensive study did not
find auctions to be a workable mechanism for administering the student
loan program. Taking another look several years later may have shed new
light on the subject.
We need the Department to focus on the creation and evaluation of
this auction before we decide to push for studies or implementations of
other auctions.
Madam Chairman, I reserve the balance of my time.
Mr. PETRI. Madam Chairman, we'd just say that it's important for us
to get informed, knowledgeable advice as to how to operate the student
loan programs, the direct program, and the guarantee program better. In
the past, we've adopted pretty much a political-based approach of
Congress setting the amount of the guarantee that private lenders
receive for making student loans. In the reform act this summer, we cut
that and tried to put in place a pilot approach coming from the Senate
for a market-based mechanism. This would broaden the study; and, I
think, would, in fact, be something that will end up saving the
taxpayer money if it works. And if it doesn't work, we're no worse off.
It's a study.
So I don't understand the reluctance to try to get the Treasury
Department and experts in this area. We have auctions for loans weekly
to finance the debt of our country. And we certainly can do a better
job of pricing the guaranteed student loan program.
Mr. GEORGE MILLER of California. Will the gentleman yield?
Mr. PETRI. I certainly do.
Mr. GEORGE MILLER of California. I just want to rise and I think
support this amendment. I think in the context of going to the
conference committee, where we know the Senate has an auction
provision, I think, well given even there, where we've done, we have
this provision in the reconciliation bill to look at an auction to see
whether we can do it and make it feasible, this may be helpful in us
making some determinations about how we proceed on that effort and how
the Department proceeds on that effort. So I would support the
amendment.
Mr. PETRI. I thank the chairman.
I certainly would urge the chairman and the ranking minority member
on the committee, as they go to conference, to keep an open mind on
this proposal so we can do the best job with the taxpayers' money and
help students get their loans in a cost-effective manner.
Madam Chairman, I yield back the balance of my time.
Mr. McKEON. Madam Chairman, it pains me to oppose the amendment of my
good friend from Wisconsin. We've served now on the Education Committee
together for almost 16 years, and he's always concerned about
protecting the taxpayer and the taxpayer dollars.
I think that I'm not so concerned about the study. It's the way the
amendment is drafted that looks like it will impose the full program
before the study so that the study could be made complete. And I
understand that auctions are taking place all the time, but they're not
generally done by the Department of Education. They're done by the
Department of the Treasury and other branches. I'm not sure the
Department of Education has that expertise.
But as we move forward on this, hopefully, maybe in conference, this
could be cleared up and the intent of the gentleman could be carried
out. That would be my hope.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. McKEON. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 5 Offered by Mr. Petri
The Acting CHAIRMAN. It is now in order to consider amendment No. 5
printed in House Report 110-523.
Mr. PETRI. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Petri:
Page 359, beginning on line 13, strike subparagraphs (C),
(D), and (E) and insert the following (and redesignate the
succeeding paragraphs accordingly):
``(C) with respect to each of the guaranty agencies
operating under a guaranty agreement under section 428(c)--
``(i) un-reconciled balances in held loans by year of
origination;
``(ii) status and number of defaulted loans by length of
default in 30-day increments; and
``(iii) status and number of delinquent loans by length of
delinquency in 30-day increments;
Page 359, line 23, insert before the period the following:
``carrying out activities under this part''.
Page 359, beginning on line 24, strike subsection (c)
through page 360, line 12.
Page 360, after line 12, insert the following new
subsection:
(d) Audit of Federal Family Education Loan Program
Portfolio and Guaranty Agencies.--The Secretary of Education
shall have a financial and compliance audit of all guaranty
agencies participating in the loan programs under part B of
title IV of the Higher Education Act of 1965 (including each
guaranty agencies' contract for the servicing, collecting,
and related activities of such loans), conducted annually by
a qualified independent organization from a list of qualified
organizations promulgated by the Secretary in accordance with
the standards established by the Comptroller General. The
standards shall measure the guaranty agency's compliance with
the due diligence standards and shall include a defined
statistical sampling technique designed to measure the
performance rating of the guaranty agency for the purpose of
this subsection. The Secretary shall submit the audit to
Congress within 60 days of its completion and shall at the
same time make the results of the audit publicly available.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. PETRI. Madam Chairman, this amendment should be much less
controversial than the one that just passed. As you're aware, the
Federal Government runs two Federal student loan programs that provide
the same affordable loans to American students: the Federal Family
Education or Guaranteed Loan Program, and the William D. Ford Direct
Loan Program.
In the past year, a significant amount of attention has been paid to
the scandal-ridden and wasteful guaranteed loan program. Reducing
excessive subsidies was the primary goal of the bipartisan College Cost
Reduction and Access Act that was enacted last September, and we have
seen some success. But this program was so embroiled with illegal and
unethical activity between lenders and financial aid officers that
sweeping new rules are included in this higher education reform act
aimed at ending these relationships and providing much greater
transparency for students and for taxpayers.
{time} 1430
Given all of the abuse that's occurred in the guaranteed program,
imagine my surprise when an amendment ended up being adopted which had
the effect of targeting the direct loan program and a seemingly
innocuous amendment to audit the direct loan program contained a series
of reporting requirements applied only to the direct loan program which
were designed to make it appear the program was performing more poorly
than the tarnished guaranteed program.
I should note that despite the scores of improprieties documented in
the
[[Page H757]]
guaranteed loan program, the direct loan program has had no similar
ethical abuses. Further, it has been scored as significantly cheaper by
the Office of Management Budge, CBO and GAO, since its inception in the
early 1900s.
Now it will be one thing if the amendment applied these new reporting
provisions equally to both the guarantee and direct programs, and I'm
encouraged that the author of the amendment, my respected colleague
from the State of Georgia (Mr. Price), has indicated that that is his
intent, and I'm hoping that we can, in fact, adopt this amendment to
apply requirements to both programs.
But this language currently in the bill has the effect of undermining
the direct loan program, boosting the guaranteed loan program's
performance in comparison, and the amendment before us addresses the
language.
Madam Chairman, what is good for the goose is good for the gander.
The amendment would maintain the audit and most of the reporting
requirements added to the direct loan program but would also require
comparable audits in reporting for guaranty agencies in the Guaranteed
Loan program. I have no doubt the direct loan program will pass the
audit with shining colors, and I look forward to the report. I hope the
same can be said of the Guaranteed Loan program.
I would ask support for the amendment.
Madam Chairman, I reserve the balance of my time.
Mr. PRICE of Georgia. Madam Chairman, I rise to claim the time in
opposition.
The ACTING CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. PRICE of Georgia. Madam Chairman, I want to commend my friend
from Wisconsin for his willingness to continue to work on this. We've
got some disagreements about it, although we are basically saying the
same thing, that we want both of the programs to be treated equally,
and I certainly concur with that. I also want to thank the chairman and
the ranking member for their work on this as we went through committee,
but at this time I rise to oppose this amendment.
H.R. 4137, the College Opportunity and Affordability Act, really has
been a product of significant and extensive thoughtful deliberation
over many Congresses. One example, I believe, of that thoughtfulness is
section 454, which is included in the manager's amendment, which is a
provision asking for an independent audit of the direct loan program
and greater disclosure of the program's impact on the national debt. In
fact, that provision was unanimously adopted in our committee during
markup.
Now, why is this important? Well, it's important because the direct
loan program amazingly is not currently subject to the routine audits
that examine all of these issues. Further, the government finances the
direct loan program by borrowing, and so it contributes in some way
that we believe ought to be determined, and that was the purpose of the
amendment. It contributes in some way directly to that national debt.
Now, we all talk about transparency, and I'm all for transparency.
Transparency is critical if we are going to, here in Congress, get a
handle on evaluating the student lending program and make the best
decisions for college access and affordability. Unfortunately, I
believe that this amendment being offered undermines that congressional
oversight and paralyzes section 454.
I also believe that it weakens the independent audit portion of the
direct loan program. Private lenders under the FFEL, the Federal Family
Education Loan program, are subject to full and regular audits, and
this section in the bill is intended to subject the direct loan program
to similar full and regular audits. That's the common ground that we
talk about and hopefully will be able to find as we move forward.
As an example, the amendment also eliminates a requirement to the
direct loan audit that includes an examination of the unreconciled
balances of loans by year of origination. This is a key piece of
information for the FFEL program, the loans must be reconciled every
year, while the direct loan program is not held to the same standards.
So by weakening the independent audit of the direct loan program, the
amendment would eliminate the portion requiring disclosure of the
program's impact on the national debt.
And just as a matter of information, we all here in Congress should
know about that.
In closing, Members, I believe, need to remember that all of this
that is being done, in essence, would add a duplicate audit ability for
the FFEL programs and not the same for the direct loan programs. I look
forward to working with my colleague from Wisconsin and the chairman
and ranking member as we move forward. Both the direct loan and FFEL
program should be held up to the light of day so the taxpayers know
what they're getting from their tax dollars.
Madam Chairman, I reserve the balance of my time.
Mr. PETRI. Madam Chairman, how much time do I have remaining?
The ACTING CHAIRMAN. Each side has 2 minutes remaining.
Mr. PETRI. I yield to the chairman of the full committee such time as
he may consume.
Mr. GEORGE MILLER of California. Madam Chairman, I rise in support of
the gentleman from Wisconsin's amendment. I think having these parallel
audits, these are two programs that, for the sake of the taxpayer,
compete with one another, and I think that that's important.
I was encouraged to see in the President's 2009 budget that, for the
first time, the taxpayer costs for student borrowing through the FFEL
program are closer to the more efficient direct loan programs, taking
into account what we did in the reconciliation bill. I was also
interested to see that still we see that it costs only one-fourth as
much to make a direct loan as it does to make a FFEL loan program.
So I think that we should be encouraged and we should be prepared to
have these audits, because I think the taxpayer is winning this
discussion, thanks in large part to the efforts of Mr. Petri over many
years, to have this kind of comparison, this kind of discussion. Many
of the recommendations that we made in the reconciliation bill were, in
fact, the recommendations of the Bush administration from the office of
OMB about the cost of that program. We were able to take that money
out, recycle it in favor of students and families borrowing the money
to drive down the cost of borrowing that money and increase the Pell
Grants. Now we see that we are still 25 percent cheaper for the
taxpayers than the FFEL program.
Mr. PETRI. Madam Chairman, I just have to say, this is important,
because, on the one hand, if you treat a direct loan as adding to the
debt with no offset because it is a loan which will be repaid, the loan
is an asset, there should be some offset, you can get a very misleading
picture. If you are cosigning a note, you are liable on the note, and
that's what we do when we guarantee these private loans.
So zero costs in the direct program and outlay. And it misleads, too,
because unless you compare apples and apples, you can have a badly
distorted picture.
Mr. PRICE of Georgia. Madam Chairman, I want to once again say we are
happy to have the same review in the audit of both the lending
programs. You have heard that some individuals believe that the direct
loans are cheaper than the FFEL programs, the loans, and, in fact,
official government reports all agree that the budget scoring rules do
not, I repeat, do not capture the real economic cost of both of these
student loan programs. They agree all of the costs should be accounted
for when comparing the two programs. Madam Chairwoman, I think we are,
in fact, saying a lot of the same thing.
I look forward to working with my friend from Wisconsin, with the
ranking member, and with the chairman as we move forward to the
conference committee. In the meantime, however, I'm obliged to urge my
colleagues to vote ``no'' on this amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. PRICE from Georgia. Madam Chairman, I demand a recorded vote.
[[Page H758]]
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 6 Offered by Mr. Castle
The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 110-523.
Mr. CASTLE. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Castle:
In section 133(d) of the Higher Education Act of 1965, as
amended by section 109 of the bill:
(1) insert ``(1)'' after ``Task Forces.--'';
(2) redesignate paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (E);
(3) strike ``and'' at the end of subparagraph (C) as so
redesignated;
(4) insert after such subparagraph (C) the following new
subparagraph:
``(D) develop annual benchmarks for the institution to
reduce costs in areas identified under subparagraph (C);
and''.
(5) add at the end the following new paragraph:
``(2) An institution of higher education that does not meet
the benchmarks established under paragraph (1)(D) shall
provide to the Secretary a detailed explanation of the
reasons why the institution did not meet such benchmarks.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
Mr. GEORGE MILLER of California. Madam Chairman, I will claim the
time in opposition, although I do not intend to oppose the amendment.
The Acting CHAIRMAN. The gentleman from California will be recognized
in due time.
The Chair recognizes the gentleman from Delaware.
Mr. CASTLE. Madam Chairman, I yield myself such time as I may
consume.
I'm pleased to offer this college cost accountability amendment to
the College Opportunity and Affordability Act, which I also support,
legislation to reform and strengthen many of the Nation's higher
education programs.
As you know, for over a decade, Congress has worked on the behalf of
students and families in an effort to solve the college cost crisis.
Today we will have the opportunity to vote on these bipartisan college
cost reforms.
We all can agree on the need to hold down the costs of college, and I
believe we're making progress by providing additional support to
minority-serving institutions, teacher quality grants, grants
supporting veteran student success, and other positive changes. I would
like to also note the provisions included to help us better track
annual changes in tuition, fees, and room and board costs for
undergraduate students. All of the information collected will be made
publicly available on the department's College Navigator Web site so
that students and their parents have better access to cost increases at
various institutions.
While each of these provisions take steps in the right direction to
combat college costs, I believe we can go farther to uncover what is
driving college costs and hopefully stem the tide of this growth that
threatens access to higher education for many American students.
My amendment expands the responsibilities of the quality task forces
established in the underlying legislation by requiring them to develop
annual benchmarks for the top 5 percent of institutions that have the
largest increase in their tuition and fees over the most recent 3-year
period. If these institutions fail to meet these benchmarks, rather
than punishing these schools with legislative penalties, institutions
are simply required to provide the Secretary of Education with a
detailed explanation of the reasons why they failed to do so.
I am supportive of the underlying legislation which makes reforms for
our institutions of higher learning, parents and students, and my
amendment will build upon the provisions set forth in the introduced
legislation to make tuition increases even more transparent and help
ensure colleges are doing everything possible to reduce college costs
so that any student wishing to obtain a higher education may do so.
I urge my colleagues to support my amendment.
Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I would simply rise
in support of the amendment. I think that the effort that is being made
here by Mr. Castle will, in fact, add to some understanding by the
public and some transparency for those of us who have to make policy as
to exactly what's going on with the increase in college costs. I think
these kinds of explanations will be important for all of us, and we
welcome the amendment.
Madam Chairman, I yield back the balance of my time.
Mr. CASTLE. Madam Chairman, I thank the distinguished chairman for
his kind words about the amendment and for his work, along with Mr.
McKeon and Mr. Keller and others and Mr. Tierney on the legislation,
and I urge everybody to support the amendment.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Delaware (Mr. Castle).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Davis of Illinois
The Acting CHAIRMAN. It is now in order to consider amendment No. 7
printed in House Report 110-523.
Mr. DAVIS of Illinois. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Davis of Illinois:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
TITLE XI--RELATED AMENDMENTS
SEC. 1101. TREATMENT IN BANKRUPTCY.
Section 523(a)(8) of title 11, the United States Code, is
amended--
(1) in subparagraph (A)(i) by striking ``or made'' and all
that follows through ``institution'', and inserting ``or made
under any program funded in whole or in part by a
governmental unit, or made under any program in which a
substantial portion of the funds for making such overpayment
or loan is provided by a nonprofit institution or an
institution of higher education as defined in section 102 of
the Higher Education Act and in which no part is funded by a
governmental unit''; and
(2) in subparagraph (B) by inserting before the semicolon
at the end the following:
``unless the period beginning on the date when such loan
first became due and ending on the date of the filing of the
petition, excluding any time during such period when the
repayment obligation was deferred while the borrower was
attending an eligible educational institution as defined in
section 221(d)(2) of the Internal Revenue Code of 1986, is
longer than 5 years''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Illinois (Mr. Davis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. DAVIS of Illinois. Madam Chairman, I yield myself 2 minutes.
Unlike most kinds of debt, student loans of all types are currently
nondischargeable in bankruptcy, except on a judicial finding of undue
hardship. Under this amendment, government student loans, Federal and
State, and loans made directly by nonprofit entities would remain
nondischargeable. Other student loans made by for-profit banks and
other lenders would continue to be nondischargeable for the first 5
years after they come due, but after that, they would be treated like
other unsecured consumer loans in bankruptcy.
{time} 1445
This amendment also closes the loophole that lenders were beginning
to pursue just before the 2005 changes went into effect. Currently,
loans that are funded in whole or in part by a nonprofit institution
are nondischargeable. Lenders offering private student loans were
setting up affiliations with nonprofit institutions in order to take
advantage of this loophole, even though the nonprofit was not the
source of funding.
The current law is unfair to students. Students who take out student
loans are trying to better themselves and contribute to the advancement
of our economy. Unlike Federal student loans, private loans lack basic
consumer protections, such as limits on
[[Page H759]]
interest rates, loan limits, and flexible payments; yet the bankruptcy
law treats student loan borrowers who face financial tragedy in the
same severe manner as people trying to escape child support payments,
alimony, overdue taxes, and criminal fines. People should not be
punished for trying to get an education.
Madam Chairman, I reserve the balance of my time.
Mr. McKEON. Madam Chairman, I rise in opposition to the Davis
amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. McKEON. I yield myself such time as I may consume.
This amendment changes the Bankruptcy Code in a way that will add
uncertainty and additional risk to student lending. And I can't help
but think that this will further restrict students' access to loans at
a time when they're already finding it harder to obtain loans due to
the current instability of the credit market.
Madam Chairman, I yield 2\1/2\ minutes to a member of the Judiciary
Committee, the ranking member of Commercial and Administrative Law that
has jurisdiction for the Bankruptcy Code, the gentleman from Utah (Mr.
Cannon).
Mr. CANNON. Madam Chairman, this amendment will undo an important
provision of the Bankruptcy Code that was enacted just 2 years ago in
the bipartisan Bankruptcy Abuse, Prevention and Consumer Protection Act
of 2005. It will increase risk for student lending, risk that the
lending market will respond to by restricting the availability of
credit.
The bankruptcy law currently allows student loans to be discharged if
the graduate is facing an undue hardship. This policy provides balance
by protecting truly unfortunate graduates, while still preserving the
integrity of student loans.
This amendment will eviscerate this policy by removing the undue
hardship requirement for private sector student loans, allowing these
loans to be discharged 5 years after graduation. Federally guaranteed
loans can still be discharged only upon a showing of undue hardship.
Accordingly, the private market, which is the most sensitive to risk,
bears the burden of this change. Students looking for loans in the
future will have a hard time finding them. Inevitably, students would
encounter higher interest rates, shorter payment periods, and other
more restrictive lending terms as lenders look to avoid potential
losses in bankruptcy.
The amendment, in short, would damage, not advance, the cost of
education. There is no free lunch and there is no free bankruptcy. We
can do better for our students, and we can do better for our system of
higher education. This amendment would undo an important provision of
the Bankruptcy Code enacted just 2 years ago. If there is one thing
that is important in commercial law, including bankruptcy law, it's
stability. Lenders and investors must have confidence that Congress
will not constantly change the rules of the game.
We will send the wrong message if a mere 2 years after BAPCPA's
passage we begin to tinker with the provisions of the new bankruptcy
law. Regrettably, the pattern is already beginning to emerge in this
Congress. It can and should be stopped.
Capricious treatment of creditors in bankruptcy can have only one
effect, the chilling of lending and investment. Changes in the
Bankruptcy Code ought to receive the scrutiny of the Judiciary
Committee. Since the Davis amendment is not being considered by the
Judiciary Committee, the congressional experts on bankruptcy have had
no opportunity to vet it through in regular order. This amendment will
do more harm than good and will affect the availability of student
loans in the future.
I urge my colleagues to vote against this amendment.
Mr. DAVIS of Illinois. Madam Chairman, I yield 1 minute to the
chairman of the Education Committee, the Honorable George Miller.
Mr. GEORGE MILLER of California. I rise in strong support of this
amendment, and I thank the gentleman for offering it.
We now see that, almost like the subprime home mortgages, that these
private student loans have been offered to a great number of people who
it's questionable about whether or not they can pay it back. And we now
see these private lenders retreating from this market because they know
they've now made loans that they're not going to be able to sell off to
others. They've made questionable loans.
These loans look more and more like consumer loans because there's no
requirement that the people who take out these loans in the direct
marketing to students, a student signs up, gets a loan, they don't have
to pay their tuition, they don't have to pay their books, they don't
have to pay their dormitory fees. They're consumer loans. They can buy
beer and pizza, they can buy flat screened TVs, and they ought to be
treated like those consumer loans. That's why this amendment is
supported by the American Association of Community Colleges, the
Association of State Colleges and Universities, the Association of
Jesuit Colleges and Universities, the Consumer Federation of America,
the Consumers Union, the United States Students Association, the U.S.
Public Interest Groups, because they all recognize that this is far
different than the public loans that families and students take out
where there's arrangements to work out and help those students if they
get into trouble. That's not the case with the private loans.
Let the marketplace work. They are now charging these students 18 and
20 percent, and we ought to understand what that means to the future of
these students. We ought to support the Davis amendment.
Mr. McKEON. Madam Chairman, may I inquire as to the time remaining.
The Acting CHAIRMAN. The proponents have 2\1/2\ minutes remaining;
opponents have 2 minutes remaining.
Mr. McKEON. And we have the right to close?
The Acting CHAIRMAN. That is correct.
Mr. McKEON. I reserve the balance of my time.
Mr. DAVIS of Illinois. Madam Chairman, it's my pleasure to yield 1
minute to the gentleman from Georgia, a member of the Judiciary
Committee, Representative Hank Johnson.
Mr. JOHNSON of Georgia. On behalf of Congressman John Lewis, Chair of
the full committee, and as a member of the Commercial and
Administrative Law Subcommittee, I rise in support of the Davis
amendment.
Bankruptcy relief provides a critical last resort economic safety net
for those in dire financial need. It gives a fresh start to honest and
deserving debtors so they can regain their financial footing on which
to rebuild a productive life, which is good for them as well as for
society.
My colleague, the gentleman from Illinois, seeks to restore some
balance with respect to the dischargeability of certain student loans.
This is an excellent measure for the following reasons: one, it ensures
that predatory for-profit lenders cannot take advantage of a current
provision in bankruptcy law intended to protect nonprofit institutions
that make educational loans; and, second, the amendment instills some
moderation with respect to the dischargeability of certain educational
loans made by private sector lenders which under current bankruptcy law
can be nondischargeable no matter how long ago the loan was made.
So for those reasons, I urge my colleagues to support this amendment.
Mr. DAVIS of Illinois. Madam Chairman, I yield myself the balance of
our time.
For many of these students who secure loans without the protection of
bankruptcy, it's like receiving a life sentence with no appeal. That is
to say, they get a loan that is supposed to help them get a college
degree, an education so that they can pay the loan off. Unfortunately,
many of them are stuck on $70,000, $80,000, $90,000, $100,000 that
they're never able to pay. And so they struggle along for the rest of
their lives trying to pay off a loan that was supposed to have secured
for them a level of financial ability.
I would urge that we pass this amendment to give those hundreds and
thousands of students throughout the country the simple protection of
bankruptcy that is provided for individuals with any other consumer
loan.
Madam Chairman, I yield back the balance of my time.
[[Page H760]]
Mr. McKEON. Madam Chairman, I yield the remainder of my time to the
subcommittee ranking member of Higher Education, the gentleman from
Florida (Mr. Keller).
Mr. KELLER of Florida. I thank the gentleman for yielding.
Madam Chairman, I know what Mr. Davis is trying to do here, and I'm
sympathetic. He realizes, like we all do, that people are hurting and
they're paying higher costs for mortgages and health insurance and gas
prices and college tuition. And so for those folks who can't make their
student loan payments, let's give them some relief in bankruptcy court.
The challenge is, this is going to help a small number of people, but
hurt a larger number of people.
If you allow this to go forward, then what you have is a much higher
risk loan that will result in the lenders having no choice but to
charge higher interest rates for new students getting loans, higher
origination fees. They will require a higher credit score. Now, since
most 18-year-old kids don't have good credit scores, you would have to
look to their parents as cosigners. What does that mean? The kids from
wealthy families, whose mom and dad have a high credit score and have
lots of assets to back up as collateral, nice home, Mercedes, are going
to get student loans. The poor kids in the future who you're trying to
help whose parents don't have a high credit score are going to have to
pay a lot higher interest rate for loans and origination fees. And
their mom and dad may not have the collateral to get them a loan if
that's required in these private loans.
So it's going to have the unintended consequences of restricting
credit in the future. It's also very unfair to lenders who made loans
10 years ago to have this applied retroactively.
Now, what is a better way? The better way is the current system. You
get out of school, you've got 10 years to make your payment, and if you
can't make it, you work with the lenders for more flexible options, let
you pay over 25 years. The Bankruptcy Code already provides a provision
for undue hardship for those people who truly need it.
Let's go with the better approach. And that's why it would have been
better to have the Judiciary Committee have jurisdiction over this
issue, because we could have flushed it out. That was skipped in this
process. And while the intentions are good, the consequences are bad.
And I urge my colleagues to vote ``no'' on Mr. Davis' amendment.
Mr. McKEON. Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Davis).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. McKEON. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 9 Offered By Mr. Sestak
The Acting CHAIRMAN. It is now in order to consider amendment No. 9
printed in House Report 110-523.
Mr. SESTAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Sestak:
Page 335, after line 14, insert the following new
paragraph:
``(14) Physical therapists.--Individuals who are physical
therapists and who are providing physical therapy services to
children, adolescents, or veterans.
Page 338, after line 21, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(5) Physical therapist.--The term `physical therapist'
means an individual who--
``(A) has received, at a minimum, a graduate degree in
physical therapy from an institution of higher education
accredited by an agency or association recognized by the
Secretary pursuant to section 496(a) of this Act; and
``(B) provides physical therapy services under 1861(p) of
the Social Security Act (42 U.S.C. 1395x(p), or meets or
exceeds the qualifications for a qualified physical therapist
as determined by State law.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
Today our country faces significant labor shortages in occupations
that are vital to our educational, health and, therefore, our national
security.
I thank Chairman Miller and ranking member, Mr. McKeon, for their
efforts to expand the professional areas of recognition where there is
a national need which is critically important as we attempt to ensure
an adequate workforce for services that are vital to all Americans.
In this vein, I believe the list of health occupations for which
national need exists must also include physical therapists. Recent
reports have shown that our country does not have an adequate number of
physical therapists to meet our growing needs.
According to the American Hospital Association, therapists represent
the occupation for which the greatest percentage of vacancies exist in
our hospitals across our Nation, at an 11.4 percent vacancy rate. This
is at a time when the demand for physical therapist employment is
projected to grow 27 percent within 8 years, even as 58 percent of our
hospitals are reporting in 2006 that therapist recruitment was more
difficult than the year before. I, therefore, believe it is imperative
we add physical therapists in the area of national need to ensure the
Secretary of Education has direction to provide loan repayment to
physical therapists.
Compounding this challenge of our national need for physical
therapists exceeding our supply are already 31,000 servicemen and -
women who have returned home from the war in Afghanistan and Iraq to
recover from wounds sustained in the service of their country.
Physical therapists will, therefore, continue to play an integral
role in rehabilitating our Nation's veterans as they cope with injuries
from the battlefield. To ensure the proper care and recovery of those
who have sacrificed their well-being to protect us, we must address our
shortage of physical therapists.
This amendment to include physical therapists as individuals in an
occupation of national need, supported by the American Physical Therapy
Association, is a necessary and practical measure to attract students
to this profession. The loan repayment incentive of up to $10,000 for
students who obtain a graduate degree in physical therapy which results
from designating physical therapy as an area of national need will
encourage more students to enter the profession and help alleviate
these growing vacancies.
I, therefore, urge my colleagues to support this commonsense
amendment that highlights this issue of utmost importance for everyone,
but also including the veterans who are returning from our wars
overseas.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I'm not opposed to the amendment. I don't have any
objection to it. But at this time I would like to reserve the balance
of my time.
Mr. SESTAK. I yield back the remainder of my time.
{time} 1500
Mr. KELLER of Florida. Madam Chairman, I would like to yield 2
minutes to the gentleman from Georgia (Mr. Price).
Mr. PRICE of Georgia. Madam Chairman, I want to commend the author of
what I think is an appropriate amendment of loan forgiveness.
As an orthopedic surgeon, I worked closely with physical therapists,
and they are integral to the healing process in so many areas. Another
group also is the occupational therapists. And we have been contacted
by them, and I would be pleased to enter into a colloquy or ask my
friend if he would consider throughout the process if we can work
toward including the occupational therapists in this area as well.
Mr. SESTAK. Madam Chairman, will the gentleman yield?
[[Page H761]]
Mr. PRICE of Georgia. I yield to the gentleman from Pennsylvania.
Mr. SESTAK. Sir, that 11.4 percent was for all therapists including
the three categories, including the occupational. So with the chairman
and ranking member's agreement, I would like to do so.
Mr. PRICE of Georgia. Reclaiming my time, Madam Chairman, I thank the
gentleman. That being the case and as we move forward, I look forward
to supporting this as we broaden the therapists that are included.
Mr. BERRY. Madam Speaker, ensuring health care, including physical
therapy services, is available to those who need it most is vital to
our Nation. I support the Sestak amendment to H.R. 4137, The College
Opportunity and Affordability Act, which would add physical therapists
to the ``national need'' section of this legislation so that they may
qualify for student loan forgiveness. As a lead sponsor of the Physical
Therapist Student Loan Repayment Eligibility Act, H.R. 1134, I
understand the student loan debt challenges faced by physical
therapists, who along with nursing, are currently the only health care
profession listed in shortage on the Department of Labor's Schedule A
classification. I am joined on H.R. 1134 by Representative Jo Ann
Emerson and 113 bipartisan cosponsors who support adding physical
therapists who agree to practice in rural and underserved areas to the
list of providers eligible to participate in the National Health
Service Corps Student Loan Repayment Program. The Sestak amendment,
while it does not address access to care for every patient in rural and
urban underserved areas, would help begin to address this need by
granting student loan forgiveness to physical therapists who care for
children, adolescents or veterans.
Physical therapists treat patients of all ages who have medical
problems or other health-related conditions that limit their abilities
to move and perform functional activities in their daily lives. These
services are essential to many children with disabilities in Arkansas
and across our Nation. Physical therapists also work with patients to
prevent the loss of mobility by developing fitness and wellness
oriented programs for healthier and more active lifestyles which are
essential in addressing our Nation's obesity crisis.
I encourage my colleagues to support the Sestak amendment and also to
join as a cosponsor on the bill to include physical therapists in the
National Health Service Corps, H.R. 1134.
Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. Sestak
The Acting CHAIRMAN. It is now in order to consider amendment No. 10
printed in House Report 110-523.
Mr. SESTAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. Sestak:
Page 418, strike lines 19 through 21 and insert the
following:
``(C) management systems regarding course equivalency,
transfer of credit, and articulation; and
Page 419, beginning on line 22, strike ``and'' and insert a
comma; and on line 23, before the semicolon insert ``, and
management systems''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, Congress has worked hard on legislation to improve
the access, affordability, and transparency of our higher education
system. Reforms that improve transparency in college costs and the
student loan industry are a priority of this legislation, and I thank
the chairman and the ranking member and their staffs for their hard
work on these important efforts.
However, I also believe we need to call attention to the barriers and
the lack of transparency among colleges, specifically regarding the
transfer of academic credit between postsecondary institutions. Today,
students take increasingly complex pathways to achieving their
postsecondary degree. Over 40 percent of students attending a college
or university transfer at least once before they complete their
undergraduate degree. However, despite increases in student mobility,
institutions have not adjusted with substantive changes in the manner
in which they oversee and articulate the transfer of college student
academic credit.
There are significant consequences for failing to provide students
with a better understanding of how, and which of, their courses qualify
for credit in other postsecondary institutions. A student's inability
to transfer credit may result in longer enrollment, more tuition
payments, and additional Federal financial aid. In fact, it is
estimated that transfer students incur costs of well over $5 billion
per year. National data indicates that, on average, transfer graduates
take about 10 more credits and 3 more months to complete their
baccalaureate degree than nontransfer graduates. And some transfer
students have even been forced to spend up to an additional year in an
institution to obtain a degree because their earned academic credits do
not transfer. These students expend money taking courses at one
institution that will not result in academic credit at another. One of
the most problematic consequences of our current system is the loss of
students who are or may drop out of college due to the costs and
complications of transferring their academic course credit between
schools. It is clear that the credit transfer process, to the extent
that it delays students' progress, can affect the affordability of
postsecondary education, the time it takes students to graduate, and
the number of those who do actually graduate.
I believe it is time for institutions to develop new strategies to
improve gaps in credit transfer agreements and facilitate transparency
of credit equivalencies between institutions.
My amendment encourages States and public institutions of higher
education to develop management systems for course equivalency,
transfer of credit, and articulation. The cost of transferring between
institutions demand the utilization of new techniques to reduce the
financial impact and obstacles facing students. I believe that this
amendment provides an approach and a necessary alternative for
institutions to consider when developing credit transfer agreements,
and I therefore urge my colleagues to support this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not personally opposed to this amendment.
I just want to briefly address the subject matter of articulations
and the free flow of credit. And while that's important, many people
listening to us, our colleagues, may not be familiar with the term
``articulation agreements'' if they do not serve on the Education
Committee, for example. Let me give them an idea of what that is.
If you go to a community college in my district, let's say one called
Valencia Community College, and you get your associate's degree, there
is an articulation agreement that exists with the local 4-year
university that's called the University of Central Florida. That
agreement says if you graduate from Valencia Community College, we
guarantee you admission and acceptance into our 4-year university. That
is a wonderful thing for low-income kids who want to get a 4-year
education, because it only costs 2 grand a year to go to this community
college, and you know that based on this articulation agreement and the
transfer of credits you will then go to a prestigious 4-year school for
an additional 2 years and be guaranteed admission. It's really the only
silver bullet I see out there right now at a time when we see the
public 4-year universities increasing their tuition by 31 percent over
the past 5 years. The one bright spot that exists is so many
partnerships that exist between community colleges and 4-year schools
in the forms of articulation agreements.
Whatever we can do in Congress to make it easier to have more of
these articulation agreements and a freer
[[Page H762]]
flow of transfer of credit can only help those children from low- and
moderate-income families achieve their dream of a college education.
That's why I am going to support this amendment, and I urge my
colleagues on both sides of the aisle to support it as well.
Madam Chairman, I yield back the balance of my time.
Mr. SESTAK. I thank my colleague for his comments.
Madam Chairman, just 2 weeks ago I was at an event in my district
where Drexel University partnered in an articulation agreement with the
Pennsylvania Institute of Technology. The Pennsylvania Institute of
Technology focuses on many of those who were disenfranchised. They
bring them in, and after 2 years now maintaining a GPA and the credits
that have been articulated, they can then step into a 4-year
baccalaureate.
I thank you for your support.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
The amendment was agreed to.
Amendment No. 11 Offered by Mr. Yarmuth
The Acting CHAIRMAN. It is now in order to consider amendment No. 11
printed in House Report 110-523.
Mr. YARMUTH. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 11 offered by Mr. Yarmuth:
Page 200, line 15, strike the close quotation mark and the
following period, and after such line insert the following:
``Subpart 6--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 291. TEACH TO REACH GRANTS.
``(a) Authorization of Program.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships to
improve the preparation of general education teacher
candidates to ensure that such teacher candidates possess the
knowledge and skills necessary to effectively instruct
students with disabilities in their classrooms.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of five years.
``(3) Non-federal share.--An eligible partnership that
receives a grant under this section shall provide not less
than 25 percent of the cost of the activities carried out
with such grant from non-Federal sources, which may be
provided in cash or in kind.
``(b) Definition of Eligible Partnership.--In this section,
the term `eligible partnership' is a partnership that--
``(1) shall include--
``(A) one or more departments or programs at an institution
of higher education--
``(i) that prepare elementary or secondary general
education teachers;
``(ii) that have a program of study that leads to an
undergraduate degree, a master's degree, or completion of a
post-baccalaureate program required for teacher
certification; and
``(iii) the graduates of which are highly qualified, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965;
``(B) a department or program of special education at an
institution of higher education; and
``(C) a high-need local educational agency; and
``(2) may include a department or program of mathematics,
earth or physical science, foreign language, or other
departments at the institution that have a role in preparing
teachers.
``(c) Required Activities.--An eligible partnership that
receives a grant under this section shall use the grant funds
to--
``(1) develop or strengthen an undergraduate, post-
baccalaureate, or master's teacher preparation program by
integrating special education strategies into the general
education curriculum and academic content;
``(2) provide teacher candidates participating in the
program under paragraph (1) with skills related to--
``(A) response to intervention, positive behavioral
supports, differentiated instruction, and data driven
instruction;
``(B) developing and administering alternate assessments of
students with disabilities;
``(C) determining and utilizing accommodations for
instruction and assessments;
``(D) collaborating with special educators, related
services providers, and parents, including participation in
Individualized Education Program development and
implementation; and
``(E) utilizing technology and assistive technology for
students with disabilities; and
``(3) provide extensive clinical experience for such
participants, with mentoring and induction support throughout
the program that continues during the first year of full-time
teaching.
``(d) Application.--An eligible partnership seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include--
``(1) A self-assessment by the eligible partnership of the
existing teacher preparation program at the institution of
higher education and needs related to preparing general
education teacher candidates to instruct students with
disabilities.
``(2) An assessment of the existing personnel needs for
general education teachers who instruct students with
disabilities, performed by the local educational agency in
which most graduates of the teacher preparation program are
likely to teach after completion of the program under
subsection (c)(1).
``(e) Peer Review.--The Secretary shall convene a peer
review committee to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees. Members of the peer
review committee shall be recognized experts in the fields of
special education, teacher preparation, and general
education, and shall not be in a position to benefit
financially from any grants awarded under this section.
``(f) Evaluations.--
``(1) By the partnership.--An eligible partnership
receiving a grant under this section shall conduct an
evaluation at the end of the grant period to determine the
effectiveness of the general education teachers who completed
a program under subsection (c)(1) at instruction of students
with disabilities in general education classrooms, and the
systemic impact of the activities carried out by such grant
on how each institution of higher education that is a member
of the partnership prepares teachers for instruction in
elementary and secondary schools. Each eligible partnership
performing an evaluation under this paragraph shall report
the findings of such evaluation to the Secretary.
``(2) Report by the secretary.--Not later than 180 days
after the last day of the grant period under this section,
the Secretary shall make available to Congress and the public
the findings of the evaluations submitted under paragraph
(1), and information on best practices related to effective
instruction of students with disabilities in general
education classrooms.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Kentucky (Mr. Yarmuth) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. YARMUTH. Madam Chairman, I rise today to offer an amendment that
will bring the Nation closer to providing a world-class education to
2.9 million children with disabilities.
The last few years we have seen significant advances in diagnosis and
understanding of students with autism, ADD, dyslexia, Down's Syndrome,
and a dozen other common and treatable disabilities. Where people once
thought these students were unmanageable and unteachable, we now know
that more often than not, the majority of them are bright, creative
students who are capable of success when given the opportunity to
learn.
In 1975, we took a major step forward with the enactment of the
Individuals with Disabilities Education Act. IDEA placed many students
with their peers, where the bar was raised on their achievements, and
we began to discover how truly capable these students were.
Over the last 33 years, educators have revolutionized techniques to
help students with disabilities find success, but these tools have not
yet made their way into the vast majority of classrooms. And as a
result, the system is failing millions of students.
The fact that so many students with disabilities, well over half, now
study alongside their peers is a tribute to the success of IDEA. But
because most educators have not been given the information, resources,
or training to effectively work with students with disabilities, the
teachers are getting understandably frustrated, the diverse learners
are not being helped, and the rest of the class waits while teachers
struggle to deal with situations for which they are simply not
equipped. The bottom line is it does no good to put students with
disabilities in a classroom with a teacher who has not been given the
tools to reach them.
Make no mistake, the teachers are not the problem, but with proper
resources, they can be a big part of the solution. Many teachers have
not been trained to individualize instruction for these special needs
students.
This isn't a straightforward manner of simply developing special
curricula.
[[Page H763]]
Spending time with peers is crucial for the development of these
students, especially if we want them to attain the social,
communicative, and educational skills we know they are capable of.
One area I have focused on is educated children with autism. Without
the proper training, misconceptions, such as the Rain Man savant, run
rampant. Autism is a spectrum disorder, meaning that the Hollywood
depiction is an extreme, with highly functional students with
Aspbergers on the other end and every level of functionality in
between. The signals are abundant, but recognizing them is not just a
matter of common sense.
The untrained educator may not know why a student with autism refuses
to make eye contact, suddenly stops socializing, acts out, or
completely cuts off all communication. What's more troublesome is that
the wrong response, in many cases the normal, logical response, can
send a child into a downward spiral.
And what has escaped many is the tremendous scope and urgency of what
we're dealing with. Already 1 in 150 children is diagnosed with autism,
and the number is escalating at an alarming rate. An analysis of the
U.S. Department of Education special education data revealed that the
number of students with a diagnosis of autism has increased more than
500 percent since 1993, and by 2014 the number is expected to increase
1800 percent.
We cannot afford to wait to address the needs of these children and
others with special needs. That is why I am proposing a new grant
program for institutions of higher education working to better prepare
general education teachers for success in helping students with
disabilities. Institutions would partner with high-need local education
agencies to place qualified teacher candidates into the areas that need
the most help.
The Teach to Reach grants will give our teachers the tools to
properly engage students with disabilities. Truly engaging the students
not only improves the quality of learning for special needs students
but for everyone in the classroom. These grants will provide just the
sort of preparation that is needed. Teacher candidates will learn how
to use Response to Intervention, a scientifically based intervention
strategy that allows a teacher to pinpoint the specific skills students
need in order to progress. They will train in positive behavioral
support strategies that will enable them to manage and improve
challenging behaviors in the classroom and also learn how to work with
their special education and related colleagues to develop and implement
individualized educational programs so that students with disabilities
will have their diverse needs met.
In classroom after classroom across the Nation, these grants can make
the difference between students trapped by misunderstanding and
teachers reaching their students and helping them unlock their
potential to succeed in school and excel in life.
This program is endorsed by the NEA, the American Association of
Colleges for Teacher Education, the Higher Education Consortium for
Special Education, and many organizations that advocate for the
education of students with disabilities.
I strongly encourage my colleagues to join me in supporting this
amendment so that we may empower our Nation's teachers to reach all of
our children.
Madam Chairman, I yield back the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not opposed to this amendment.
Let me just clarify for our colleagues what this amendment is about,
at least from my perspective.
If you are a high school special education teacher, you are probably
familiar with autism and dyslexia, and by virtue of your training and
daily experience, you know how to relate to the children with these
special needs pretty well. But what if you are a 10th grade history
teacher trained in, obviously, teaching history? It may be a little
more challenging for you to teach children who have autism or dyslexia
unless you have some special training to help you teach them history.
So what this amendment does is to provide funding for these general
education teachers to partner up with their 4-year universities to get
some extra training in teaching children with special needs.
That seems like a commonsense approach to us. So I will be voting for
this amendment and urge my colleagues to do the same.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Yarmuth).
The amendment was agreed to.
{time} 1515
Amendment No. 12 Offered by Mr. Hastings of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 12
printed in House Report 110-523.
Mr. HASTINGS of Florida. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 12 offered by Mr. Hastings of Florida:
Page 679, line 13, strike the close quotation marks and
following period and after such line insert the following new
part:
``PART R--PATH TO SUCCESS PROGRAM
``SEC. 887. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this part is to encourage
community supported programs that--
``(1) leverage and enhance community support for at-risk
young adults by facilitating the transition of such young
adults who are eligible individuals into productive learning
environments where such young adults can obtain the life,
social, academic, and vocational skills and credentials
necessary to strengthen the Nation's workforce;
``(2) provide counseling, as appropriate, for eligible
individuals participating in the programs to allow such
individuals to build a relationship with one or more guidance
counselors during the period that the individuals are
enrolled in the programs, including providing referrals and
connections to community resources that help eligible
individuals transition back into the community with the
necessary life, social, academic, and vocational skills after
being in detention, or incarcerated, particularly resources
related to health, housing, job training, and work-place
readiness;
``(3) provide training and education for eligible
individuals participating in the programs, to allow such
individuals to assist community officials and law enforcement
agencies with the deterrence and prevention of gang and youth
violence by participating in seminars, training, and
workshops throughout the community; and
``(4) provide each eligible youth participating in the
programs with individual attention based on a curriculum that
matches the interests and abilities of the individual to the
resources of the program.
``(b) Reentry Education Program.--
``(1) Grant program established.--The Secretary is
authorized to award grants to community colleges to enter
into and maintain partnerships with juvenile detention
centers and secure juvenile justice residential facilities to
provide assistance, services, and education to eligible
individuals who reenter the community and pursue, in
accordance with the requirements of this part, at least one
of the following:
``(A) A certificate of graduation from a school providing
secondary education, a general equivalency diploma (GED), or
another recognized equivalent of such a certificate or
diploma.
``(B) A certificate of completion for a specialized area of
study, such as vocational training and other alternative
post-secondary educational programs.
``(C) An associate's degree.
``(2) Grant period.--A grant awarded under this part shall
be for one 2-year period, and may be renewed for an
additional period as the Secretary determines to be
appropriate.
``(3) Application.--A community college desiring to receive
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary shall require, which shall
include--
``(A) an assessment of the existing community resources
available to serve at-risk youth;
``(B) a detailed description of the program and activities
the community college will carry out with such grant; and
``(C) a proposed budget describing how the community
college will use the funds made available by such grant.
``(4) Priority.--In awarding grants under this part, the
Secretary of Education shall give priority to community
colleges that accept the highest number of eligible
individuals from high-risk areas, and among such community
colleges, shall give priority to
[[Page H764]]
community colleges that the Secretary determines will best
carry out the purposes of this part, based on the
applications submitted in accordance with paragraph (3).
``(c) Allowable Uses of Funds.--A community college awarded
a grant under this part may use such grant to--
``(1) pay for tuition and transportation costs of eligible
individuals;
``(2) establish and carry out an education program that
includes classes for eligible individuals that--
``(A) provide marketable life and social skills to such
individuals;
``(B) meet the education program requirements under
subsection (d);
``(C) promote the civic engagement of such individuals; and
``(D) facilitate a smooth reentry of such individuals into
the community;
``(3) create and carry out a mentoring program--
``(A) that is specifically designed to help eligible
individuals with the potential challenges of the transitional
period from detention to release;
``(B) is created in consultation with guidance counselors,
academic advisors, law enforcement officials, and other
community resources; and
``(C) that is administered by a program coordinator,
selected and employed by the community college, who shall
oversee each individual's development and shall serve as the
immediate supervisor and reporting officer to whom the
academic advisors, guidance counselors, and volunteers shall
report regarding the progress of each such individual;
``(4) facilitate employment opportunities for eligible
individuals by entering into partnerships with public and
private entities to provide opportunities for internships,
apprenticeships, and permanent employment, as possible, for
such individuals; and
``(5) provide training for eligible individuals
participating in the programs, to allow such individuals to
assist community officials and law enforcement agencies with
the deterrence and prevention of gang and youth violence by
participating in seminars and workshop series throughout the
community.
``(d) Education Program Requirements.--An education program
established and carried out under subsection (c) shall--
``(1) include classes that are required for completion of a
certificate, diploma, or degree described in subparagraphs
(A) through (C) of subsection (b)(1);
``(2) provide a variety of academic programs, with various
completion requirements, to accommodate the distinctive
academic backgrounds, learning curves, and concentration
interests of the eligible individuals who participate in the
program;
``(3) offer flexible academic programs that are designed to
improve the academic development and achievement of eligible
individuals, and to avoid high attrition rates for such
individuals; and
``(4) provide for a uniquely designed education plan for
each eligible individual participating in the program, which
shall require such individual to receive, at a minimum, a
certificate or diploma described in subparagraph (A) of
subsection (b)(1) to successfully complete such program.
``(e) Reports.--Each community college awarded a grant
under this part shall submit to the Secretary of Education a
report--
``(1) documenting the results of the program carried out
with such grant; and
``(2) evaluating the effectiveness of activities carried
out through such program.
``(f) Definitions.--In this part:
``(1) Community college.--The term `community college'
means a public or nonprofit institution of higher education
(as such term is defined in section 101 or 102(a)(2)(B)),
that--
``(A) provides an educational program of not less than two
years; and
``(B) that is accredited by a regional accrediting agency
or association.
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is 16 to 25 years of age;
``(B) has been convicted of a gang-related offense, and has
served a period of detention in a juvenile detention center
for such offense; and
``(C) is detained in, or has been released from, such
center.
``(3) Gang-related offense.--The term `gang-related
offense' means conduct constituting any Federal or State
crime, punishable by imprisonment in any of the following
categories:
``(A) A crime of violence.
``(B) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary.
``(C) A crime involving the manufacturing, importing,
distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed
chemical (as those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(4) Guidance counselor.--The term `guidance counselor'
means an individual who works with at-risk youth on a one-on-
one basis, to establishing a supportive relationship with
such at-risk youth and to provide such at-risk youth with
academic assistance and exposure to new experiences that
enhance their ability to become responsible citizens.
``(5) High-risk area.--The term `high-risk area' means a
specified area within a State where there is a
disproportionately high number of gang-related activities
reported to State and local law enforcement authorities.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. HASTINGS of Florida. Madam Chairman, I rise today with my good
friend from California, Congresswoman Linda Sanchez, to offer an
amendment to the College Opportunity and Affordability Act. I certainly
commend the Chair and ranking member for all of their efforts on this
measure.
Madam Chairman, gang violence is a cycle that poisons many of our
districts and deprives many of our youth from pursuing productive
educational opportunities. Many who have been engaged in gang activity
unfortunately return to the same streets after they serve time in our
juvenile justice system, and the cycle begins again. Only holistic
partnerships that engage entire communities are going to break this
cycle of gang activity.
To meet this need, I introduced the Path to Success Act July 6 of
last year. Our amendment today reflects the content of the Path to
Success Act and will authorize a nationwide program through the
Department of Education to promote public and private community-
centered partnerships aimed at reducing gang violence.
Madam Chairman, our amendment will establish a program that is set up
to the task of disrupting the juvenile justice pipeline. It will give
former gang members a chance to attend college and be engaged
positively in their communities. Through educational and vocational
training opportunities at community colleges as well as partnerships
with law enforcement for pro-active gang prevention efforts, our
amendment will give former gang members hope for the future while
taking juvenile justice in a new direction.
Also the American Psychological Association, the American Association
of Community Colleges agree with the need for this new direction and
have endorsed our amendment.
I urge our colleagues to support this amendment.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Thank you, Madam Chairman.
I claim the time in opposition although I am not opposed to this
amendment. We have seen a skyrocketing problem, at least in my home
State of Florida, with the rise in violent juvenile crime. In my area,
central Florida, we have seen juvenile robberies over the past 2 years
of kids of 15 and under increase by 311 percent.
When I talk with the experts about this problem, I am told that we do
need a holistic approach, as my colleague, Congressman Hastings, says;
and that for the worst of the worst offenders, the repeat violent
offenders, people who slit other kids' throats, you have got to lock
them away. But on the front end when you can still have hope to catch
some of these kids and turn them around, we have to make every effort
to do it.
The reason I say that is because when we look at the statistics in
Florida we find that 80 percent of the inmates in our jails and prisons
are high school dropouts. If we deal with them holistically, we say,
hey, if you're going to stay in school, we will give you a Pell grant
to pay for a college education so you can have a nice car and a home.
If you are willing to stay in school but you can't read, we will get
you a reading coach to help you read, even if you are in high school.
We are going to get you a mentor to get you through it.
We have to give these young people hope in educational and job
opportunities and approach it holistically. Yes, that means prevention,
but you also need tough enforcement. I think this amendment recognizes
you need all of it. And so we are pleased to support this amendment. I
urge my colleagues to do the same.
I yield back the balance of my time.
Mr. HASTINGS of Florida. At this time, I am pleased to yield 1\1/2\
minutes to my colleague from California, the original cosponsor of this
measure, Ms. Linda Sanchez.
Ms. LINDA T. SANCHEZ of California. I would like to thank my
colleague, Mr. Hastings.
[[Page H765]]
And, Madam Chairman, I rise in support of the Hastings-Sanchez
amendment to H.R. 4137, the College Opportunity and Affordability Act.
I thank Mr. Hastings for his leadership on this issue and was pleased
to work with him in this effort to provide constructive opportunities
for youthful offenders.
The Hastings-Sanchez amendment would authorize grants to community
colleges to create partnerships with juvenile detention centers and
residential facilities that would reduce recidivism rates by providing
education, vocational training, counseling, and related activities.
Gangs, crimes, and youth problems are often symptoms of larger
problems, problems that require comprehensive solutions. Too often, we
have spent far more time, money, and effort on enforcement than we have
on prevention, missing opportunities to rehabilitate the youth that we
incarcerate.
Unfortunately, taxpayers have not experienced a great return on these
massive anti-gang investments. For example, the State of California
will spend over $9 billion on incarceration this year, yet gang
activity in California continues to rise.
Young people who are involved in gangs do not have to be condemned to
a lifetime in gang involvement.
This amendment would leverage power of community colleges to help in
the campaign against youth violence. Community colleges already have
expertise in providing job training and education to nontraditional
students. By encouraging them to develop partnerships with other local
agencies and community-based organizations, we can multiply the
opportunities that young ex-offenders have to get involved in their
communities in a positive way and cut down on the odds that they will
return to gang activity.
I urge my colleagues to support the Hastings-Sanchez amendment to
help make our communities safer.
Mr. HASTINGS of Florida. At this time, I am very pleased to yield 1
minute to my very good friend from Virginia, Representative Scott.
Mr. SCOTT of Virginia. Madam Chairman, I thank the gentleman for
yielding.
Madam Chairman, this amendment is a significant step forward in
prevention and intervention efforts to reduce juvenile and gang crime.
For far too long, the Congress has focused its crime policy on waiting
for crimes to occur before anything is done. This has contributed to
what the experts at the Children's Defense Fund call the ``cradle to
prison pipeline.''
Since 1970, the number of individuals incarcerated in the United
States has risen from over 300,000 to over 2 million. Initiatives such
as this, along with initiatives such as the Youth Promise Act, will
create investments in strategies that deal with the root cause of
crime, resulting in greater crime reduction and a cost savings to
taxpayers. We must begin making meaningful investments in our Nation's
youth, and this amendment is a strong step in that direction.
I thank Representatives Hastings and Sanchez for their leadership and
encourage my colleagues to support the amendment.
Mr. HASTINGS of Florida. Madam Chairman, I yield back the balance of
my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
The amendment was agreed to.
Amendment No. 13 Offered by Mr. Welch of Vermont
The Acting CHAIRMAN. It is now in order to consider amendment No. 13
printed in House Report 110-523.
Mr. WELCH of Vermont. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 13 offered by Mr. Welch of Vermont:
Page 63, after line 17, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 112. ENDOWMENT REPORTING.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. ENDOWMENT REPORTING.
``Each institution of higher education shall annually
submit to the Secretary, in a form prescribed by the
Secretary, a report on the expenditures made by such
institution from any endowment funds of the institution for
the purpose of reducing the costs of the programs of
instruction offered by such institution, including the
specific amounts expended for grants and other aid to reduce
the amounts charged for tuition, fees, textbooks, meals, room
and board.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Vermont (Mr. Welch) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Vermont.
Mr. WELCH of Vermont. Madam Chairman, as we know on a bipartisan
basis, the cost of college is skyrocketing, and it is putting in
jeopardy access to college and achievement of the American Dream for
kids across this entire country. The Education and Labor Committee has
taken a number of very concrete steps to try to address that. And this
Congress passed a major increase in financial aid, $17 billion, over 5
years. Over the last 10 years, student aid has increased from $37
billion to $86 billion. But every time we raise a dollar in financial
aid, if it is a dollar increased in tuition that is burned away, the
students are continuing to graduate and swim in a sea of debt.
So if we are going to continue on this effort and be successful in
making college affordable for average kids wanting to achieve the
American Dream, we have to work on both sides of the equation. We have
to address the financial aid side, which we are doing our best to do,
and do it in the context of enormous budgetary pressures, and we also
have to do it on the cost side. And we have to look to our university
administrators to work with us to do everything that is possible to
constrain the ever-rising cost of college education.
Many kids now are graduating with a debt that is equivalent to what
was the mortgage on the first house that I bought, and they don't have
the home. They do have the education.
This amendment is very simple. It would require colleges and
universities to annually report to the Department of Education on how
much of their endowment was spent each year for the purpose of
containing college cost, including tuition, fees, textbooks, meals, and
room and board. And it would provide Congress really with much-needed
information, the same information that goes to the trustees, so it is
not in any way a significant burden.
We have to work together if we are going to be successful in
containing costs. And we have to acknowledge that we have to work on
that cost side as well as on the financial aid side. So this amendment
would give us information to work with colleges in trying to achieve
that goal to maintain cost affordability for our kids.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, one of the most frustrating
things that Members of Congress have had to deal with over the past 5
years on a bipartisan basis is the skyrocketing cost of tuition. Over
the past 5 years, tuition at public 4-year universities has gone up 31
percent. And we are frustrated because you want to rein in the tuition
costs, but at the same time you are hesitant to implement any sort of
cost control or micromanaging of these universities.
What this amendment says essentially is that we are going to ask the
college to tell us what your endowment is and how much of it you spent
on helping kids with their aid to go to your college. Sometimes that
will mean that gives us an opportunity to really thank these colleges
for doing a great job. For example, Harvard University has a $34
billion endowment. They recently received nationwide publicity, well
deserved, for using that endowment to say, if you are accepted to
Harvard and you are from a low-income family, we are going to use our
endowment to pay for you to come here. If you are from a middle income
family, we are going to pay for you to come here. If you are from an
upper-middle-income family, all the way up to
[[Page H766]]
$180,000, we are still going to help you with tuition. I think that is
wonderful. And you have seen other schools, Yale and others, follow
suit.
We would like to see exactly what schools across America are doing on
the positive front to use their endowment to help low- and moderate-
income kids go to college, and on the flip side what schools with
substantial endowments are not making any efforts to help these low-
and moderate-income kids get a college education.
So for these reasons, I will be voting for this amendment, and I will
urge my colleagues to also vote for the amendment.
I reserve the balance of my time.
Mr. WELCH of Vermont. I yield to the chairman such time as he may
consume.
Mr. GEORGE MILLER of California. I rise in support of Mr. Welch's
amendment and thank Mr. Keller for his support of this amendment. Mr.
Keller has laid it out quite correctly.
We have been struggling with this for a number of years. I think that
this amendment helps with the transparency and with the information
that we need to know as we continue to consider public policy. I say
that because growing numbers of Members of Congress come up to me every
week after they go home and talk about they have been asked the
question about the increased costs of college. We know it is complex.
We know it is difficult. And we know that it is not easily given to the
idea that one policy fits all, one size fits all, whatever cliche you
want to use.
But it must be addressed when we are asking the taxpayers to continue
to step up and to provide the assistance to these families so that we
can create a strong Nation and a strong economy and well-educated
individuals that are critical to maintaining the democracy in a complex
world. So I want to thank the gentleman for offering this amendment and
ask my colleagues to support it.
Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time.
Mr. WELCH of Vermont. Madam Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
The amendment was agreed to.
Amendment No. 16 Offered by Ms. Eddie Bernice Johnson of Texas
The Acting CHAIRMAN. It is now in order to consider amendment No. 16
printed in House Report 110-523.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 16 offered by Ms. Eddie Bernice Johnson of
Texas:
Page 249, after line 5, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(f) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end
the following new paragraph:
``(4)(A) Notwithstanding paragraph (1) or any other
provision of this section, the expected family contribution
of each student described in subparagraph (B) shall be deemed
to be zero for the period during which each such student is
eligible to receive a Federal Pell Grant under subsection
(c).
``(B) Subparagraph (A) shall apply to any student at an
institution of higher education--
``(i) whose parent or guardian was a member of the Armed
Forces of the United States who died as a result of
performing military service in Iraq or Afghanistan after
September 11, 2001; and
``(ii) who was 18 years or less, or was enrolled as a full-
time or part-time student at an institution of higher
education, as of the time of the parent or guardian's
death.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to Federal Pell Grants awarded for
academic year 2009-2010, and each succeeding academic year.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
{time} 1530
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I rise today in
strong support of the Johnson-Young amendment to expand higher
education opportunities for the children of fallen soldiers.
Since the year 2001, more than 4,400 U.S. servicemembers have died
during their deployment in Iraq or Afghanistan. Historically, war has
cost America the lives of our sons and daughters. However, the soldiers
serving today in Iraq and Afghanistan are not just single men; 40
percent of the servicemembers in Iraq are married and 30 percent have
children. The soldiers we have lost are not only our sons and
daughters, but our husbands and wives and fathers and mothers.
As we reflect on the cost of this war, we must realize that many of
these brave young men and women have left families and young children
behind. These young men and women include Sergeant Paul Sanchez, a
native of Irving, Texas, who was killed last January by an IED in Iraq,
leaving behind a wife, a 12-year-old daughter and a 10-year-old son;
and Second Lieutenant John Craver who was killed in October 2006 in
Baghdad. A native of McKinney, Texas, he left behind a wife and three
children. As well as Specialist Jessica Cawvey, who was killed in
Fallujah in 2004. She was a 21-year-old single mother and left behind a
6-year-old daughter. These are just a few of more than 2,100 children
who have lost a parent in the conflicts in Iraq and Afghanistan.
The death of a parent is not only emotionally devastating for a child
but often creates financial hardships for their family. The Johnson-
Young amendment offers financial assistance and access to higher
education for children who lost a parent or guardian as a result of
this war. It allows the children who have been left behind to have
access to a maximum Pell Grant award. Through this Pell Grant award, we
can offer a chance for a bright future for the children of those brave
young men and women who gave their lives in the name of service for our
country.
Mr. GEORGE MILLER of California. Madam Chairman, will the gentlewoman
yield?
Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from
California.
Mr. GEORGE MILLER of California. I want to thank the gentlewoman for
bringing this amendment to the attention of the committee. I think it
is a very good amendment and it is the right thing for us to do with
respect to these families that have paid such a high price for their
service to our country. I thank the gentlewoman, and I urge our
colleagues to support it.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I reserve the
balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, I yield such time as he may
consume to the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the ranking member, and I thank the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) for introducing this
legislation. I am the cosponsor of the amendment, and I thank the
chairman of the full committee.
The proportion of married U.S. soldiers serving in Iraq and
Afghanistan is higher today than in any other previous war, including
the Civil War. Consequently, when these brave men and women are killed
in the line of duty, they often leave behind husbands, wives and
children.
Since 2001, more than 4,400 U.S. servicemembers have died during
their deployment in Iraq or Afghanistan, and more than 2,100 children
have lost a parent as result of the conflicts in Iraq and Afghanistan.
Nine months after Fort Wainwright's Stryker Brigade Combat Team
returned from their deployment in Iraq, Bassett Army Community Hospital
in Fairbanks delivered a record number of babies. Those babies will be
a year old when their parents redeploy this fall. This amendment, which
I have offered with the distinguished gentlewoman from Texas, will
ensure that they deploy with the knowledge that, if necessary, their
children's education will be taken care of.
[[Page H767]]
Our amendment will provide financial assistance and access to higher
education for children who lost a parent or guardian as a result of our
ongoing military presence in Iraq and Afghanistan. It allows the
children who have been left behind to have access to a maximum Pell
Grant award by waiving the income eligibility requirement for them.
It will apply to children of U.S. soldiers who have died while
performing military service in Iraq or Afghanistan after September 11,
2001. Children who are 18 years or younger or those enrolled part time
or full time at college at the time of the parent or guardian's death
will be eligible for a Pell Grant application starting in 2009.
The death of a parent is not only emotionally devastating for a
child, but often creates a financial hardship for the family. Through
this Pell Grant award we can offer a chance for a bright future for the
children of those who gave their lives in the name of service for their
country.
I urge my colleagues to support our amendment and help those children
who have been left behind. I would like to thank the distinguished
gentlewoman from Texas for offering this amendment with me and reaching
across the aisle in a bipartisan way to solve some of the problems
caused by this war.
Mr. KELLER of Florida. Madam Chairman, I just want to thank
Congresswoman Johnson and Congressman Young for offering this wonderful
amendment. This will mean that the 2,100 children of parents who died
in Iraq or Afghanistan will be able to get the full Pell Grant, which
is about $4,800 this year and will be upped to $5,400 by 2012. It is
certainly the least we can do.
There are many more things we want to do beyond this to help these
children whose parents paid the ultimate sacrifice. But I think it is
wonderful that these two Congressmen have come forward with this very
commonsense and important amendment. I enthusiastically support it and
urge my colleagues on both sides of the aisle to support it as well.
Madam Chairman, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I would like to
thank the chairman of the full committee and his staff for working with
me on these important issues that will help to deliver for the needs of
our Nation's students. I thank Mr. Young, and I urge my colleagues to
support this legislation.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
The amendment was agreed to.
Amendment No. 17 Offered by Mr. Stupak
The Acting CHAIRMAN. It is now in order to consider amendment No. 17
printed in House Report 110-523.
Mr. STUPAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 17 offered by Mr. Stupak:
Page 335, after line 14, insert the following:
``(14) Superintendents, principals, and other
administrators.--Individuals who are school superintendents,
principals, or other administrators for 5 consecutive
complete school years in a school district of a local
educational agency in which 30 percent or more of the schools
are schools that qualify under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in such a
school.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Michigan (Mr. Stupak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. STUPAK. Madam Chairman, the loan forgiveness programs under the
Ford Direct Loan Program and Federal Family Education Loans encourage
teaching professionals to take positions in low-income schools.
Like teachers, qualified school administrators and principals are
crucial to creating an effective learning environment. Unlike teachers,
however, school administrators and principals at low-income schools are
not given access to the same loan forgiveness programs. In fact, under
current law, if a teacher is eligible for loan forgiveness but is
promoted to an administrator or principal in that same school, the
newly promoted teacher loses access to the loan forgiveness programs
for which they were previously eligible. As a result, low-income school
districts often have difficulty recruiting talented principals and
administrators to their districts.
My amendment would extend eligibility of the Ford Direct Loan Program
and the Federal Family Education Loans to full-time school
superintendents, principals, or other administrators after completing 5
consecutive school years in a school district in which at least 30
percent of the schools are defined as low income.
This amendment is supported by the National Education Association,
the National Association of Secondary School Principals, and by the
American Association of School Administrators. Furthermore, the
Congressional Budget Office has indicated that this amendment will not
violate the pay-as-you-go rules.
I urge Members to support my amendment to help recruit and retain
talented and qualified school administrators and principals.
Also, Madam Chairman, I include for the Record a letter from the
National Association of Secondary School Principals in support of this
legislation.
Hon. Bart Stupak,
Rayburn House Office Building,
Washington, DC.
February 6, 2008.
Dear Congressman Stupak: On behalf of the 31,000 members of
the National Association of Secondary School Principals
(NASSP), I would like to express our support for an amendment
you will be offering to the College Opportunity and
Affordability Act (H.R. 4137). The amendment would extend
eligibility of the William D. Ford Direct Loan Program and
the Federal Family Education Loans to principals and other
school administrators who serve for 5 consecutive years in a
low-income school or school district.
The No Child Left Behind Act (NCLB) expanded the federal
role in education and brought to light the impact educators
have on improving student achievement. A study by the
Southeast Center for Teaching Quality on the working
conditions of teachers found that high-quality leadership was
the single greatest predictor of whether or not high schools
made adequate yearly progress as defined by NCLB--more then
either school size or teacher retention. But the demands on
principals and their need for advanced training particularly
in instructional leadership--are growing and have made the
job much more challenging.
It is becoming increasingly difficult to attract
prospective candidates to the principalship, but just as
troubling, it is harder to keep effective and experienced
administrators on the job. The U.S. Bureau of Labor
Statistics projected a 13 percent increase in job openings
for principals between 2000 and 2010, stemming in part from a
large proportion of principals who planned to retire during
the same time period. Additionally, Advocates for Children
& Youth released a study in December 2007 that found ``an
alarming proportion of Maryland's poorest and lowest-
performing schools have the least experienced principals and
struggle with high turnover in leadership.''
Congress must be creative in providing new incentives to
attract effective principals and school administrators to
enter and then remain in the profession, and your amendment
is an opportunity to do just that. While new programs are
being developed to attract teachers to low-income schools,
principals are not given the same access to these loan
forgiveness programs. In fact, under current law, if a
teacher is eligible for loan forgiveness but is promoted to
an assistant principal or principal position in the same
school, the newly promoted teacher loses his or her
eligibility.
NASSP strongly feels that your amendment will help to
attract and retain highly effective principals in the schools
where they are most needed. We look forward to working with
you to ensure that this important provision is enacted into
law.
Sincerely,
Gerald N. Tirozzi,
Executive Director, National Association of Secondary
School Principals.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, we want the best and the
brightest to go into the inner city, low-income areas to give these
young people as much hope and opportunity as we can. Right now, we
already provide student loan relief for math and science teachers who
are willing to go
[[Page H768]]
into these low income areas to help turn around a school.
When I look at Mr. Stupak's amendment, it reminds me of the movie
``Lean on Me,'' where it has a principal who goes into a low-income
area and, against all odds, completely turns around the school.
We want the best and the brightest of our assistant principals,
principals, and school superintendents to go into these areas and say,
Hey, look at all these young people who are taking AP calculus and AP
English, and we are excited, and we turned things around.
The more we can do to get the best and the brightest into these inner
city areas, then the better these young people's lives will be. So I am
happy for those reasons to support this amendment, and I urge my
colleagues on both sides of the aisle to do the same.
Madam Chairman, I yield back the balance of my time.
Mr. STUPAK. Madam Chairman, I yield such time as he may consume to
Mr. Miller, the chairman of the full committee.
Mr. GEORGE MILLER of California. Madam Chairman, I want to thank the
gentleman for offering this amendment and join Mr. Keller in support of
this amendment. I think this is an important amendment. As the
gentleman pointed out, not only are these difficult positions, but they
are becoming more and more difficult to fill with the wave of
retirements and all the other impacts on schools. I want to thank him
for bringing this to our attention and getting it included in the bill.
I join in its support.
Mr. STUPAK. Madam Chairman, I would just like to thank the committee
chairman, Mr. Miller, and Mr. Keller for their help and support of this
amendment, and the staffs and my staff for making this a possibility.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Stupak).
The amendment was agreed to.
Amendment No. 18 Offered by Mr. Doggett
Mr. DOGGETT. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 18 offered by Mr. Doggett:
Page 367, after line 19, insert the following new section:
SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED
ANALYSIS.
Section 480(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1087vv(a)(1)), as amended by section 473 of this Act,
is further amended by adding at the end the following new
sentence: ``Notwithstanding the preceding sentence, the
Secretary shall, by regulation, provide for the use of the
second preceding tax year when and to the extent necessary to
carry out the simplification of applications used for the
estimation and determination of financial aid eligibility
through the sharing of data with the Internal Revenue Service
with the consent of the taxpayer.''.
Page 395, line 17, strike `` REPORT''; on line 18, strike
``(a) Sense of Congress.--''; and on page 396, beginning on
line 18, strike subsection (b).
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Doggett) and a Member opposed will each control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. DOGGETT. Madam Chairman, I yield myself two minutes.
This is the time of year when millions of families all over the
country are working with their high school seniors. The college
applications are in, but now it is time to try to figure out how to pay
for college and higher education.
The task of completing these complex forms for student financial
assistance can be very daunting. The Free Application for Federal
Student Aid, or FAFSA, as it is known, is 11 pages long. It includes
more than 100 questions and it has three worksheets. The Secretary of
Education has called it ``longer and more complicated than a Federal
tax form.'' In trying to complete the current application, students
would actually probably benefit from having gone to college to do the
accounting necessary to be able to set foot in a college classroom.
As David Cay Johnston, a Pulitzer Prize winning author and New York
Times reporter comments in his new book, ``Free Lunch,'' each year an
estimated 1.5 million students decline to seek federal student
financial assistance for which they are eligible because the form is
too complicated.
A report produced by the Institute for College Access and Success
supports the approach that is taken in this amendment, and it
identifies about a third of the questions that it highlights in its
report as being questions that could be deleted if we could simply get
two bureaucracies to communicate with one another.
That is really all that this amendment is about, trying to make the
forms less complicated by getting the Internal Revenue Service and the
Department of Education to communicate with each other and eliminate
the confusion, to share data that is already available. This amendment
would authorize the Secretary of Education to provide for the use of
tax data that the IRS has available when the student aid form is due in
February.
{time} 1545
Under this proposal, students would not lose their ability to correct
any information that the Department of Education gets that might not be
accurate.
The access would be improved; the accuracy would be improved. And it
works both ways: just as we want to be sure that no student eligible
for aid is denied that aid, or as is currently happening, because of
the complex form, we also want to be sure that no student ineligible
gets that aid.
That's one of the reasons that the Bush Administration proposed
something similar to what I am advancing, because they were concerned
that about $350 million every year in assistance is provided and lost
as a result of inaccurate information. So it will be a two-way street:
get the information that is needed, minimize the confusion and the
bureaucracy, and help more students obtain the opportunity to get a
college education.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, at this time I yield 3 minutes
to the gentleman from North Carolina (Mr. Hayes).
Mr. HAYES. I thank Congressman Keller for yielding.
Madam Chairman, I rise today in support of the Doggett amendment. I
believe this amendment will simplify the application process for
students and families seeking financial aid.
I feel that the Free Application for Federal Student Aid, FAFSA, is
overly complicated and a real burden on students and parents who need
the most financial assistance. I believe we must take the burden off
families and put more of it on the IRS and the Department of Education.
Current language in the bill encourages the Secretaries of Education
and the Treasury to work together. By adopting this amendment, we are
requiring the Federal agencies to work together to use existing IRS
data to get positive outcomes.
With the implementation of data matching, we can eliminate the
cumbersome and confusing FAFSA questions, increase the accuracy of the
data used in calculating aid eligibility, and ensure that Federal
financial aid dollars are going to the right people for the right
reasons.
The issue was brought to my attention by University of North Carolina
President Erskine Bowles. I worked closely with him on this issue and
hope to see the changes that we discuss, which are included in this
amendment, be included in the final bill.
I thank Mr. Bowles and the UNC system for their commitment to making
the FAFSA easier for students and families. Again, if we are going to
evaluate this issue, let's do it right. Let's put more of the burden on
the government to make the financial aid application process easier for
students and families who are applying for assistance.
I appreciate Chairman Miller and Ranking Member McKeon for their
dedication in improving our education
[[Page H769]]
and hope that my colleagues will support the Doggett amendment.
Mr. KELLER of Florida. Madam Chairman, I also rise in support of this
amendment, which will encourage the prepopulation of the FAFSA income
and asset information with tax data provided directly from the IRS to
the Department of Education, if done by taxpayer consent.
In a nutshell, this amendment will greatly simplify the financial aid
process and help to eliminate erroneous payments under the Pell Grant
program. By taking these commonsense steps, it is estimated that the
Federal Government would save billions of dollars over the next 5
years, which could go toward providing additional Pell Grant aid to our
most disadvantaged students.
For all of these reasons, I urge its adoption and yield back the
balance of my time.
Mr. DOGGETT. Thank you very much, and I thank Mr. Keller and Mr.
Hayes for their important comments and yield 1 minute to Chairman
Miller for his observations.
Mr. GEORGE MILLER of California. I thank the gentleman from Texas
(Mr. Doggett). Thank you so much for offering this amendment.
Madam Chairman, this is a critical amendment if we are, in fact,
going to simplify the process of applying for student loans, if we are
going to make it understandable to parents and to students who make
these applications, and we are going to cut down the time that is
required by them to do this.
This linking of the data between the IRS and the Department of
Education, we have been given excuse after excuse after excuse why this
couldn't be done. The Doggett-Hayes amendment allows this to happen,
requires that it happen. It's very important that we support this
amendment and that it be part of the final bill when it comes out of
the conference committee.
I want to thank the gentlemen, Mr. Doggett from Texas and Mr. Hayes,
for offering this amendment, a very, very important amendment if we are
going to change the way we do business and do it on behalf of families
and students to make their life easier and to save the Federal
taxpayers a lot of money.
Mr. DOGGETT. I thank the gentleman for his comments and for the
support and encouragement that he and his staff have provided us on
this amendment. I also want to thank the Greater Austin Chamber of
Commerce for bringing this to my attention.
Austin is an area that has a very dynamic economy, and so much of our
success results from the fact that our business leaders are enlightened
and recognize that one of the best investments we can make is in our
people. We have been concerned with a workforce shortage, with needing
more highly skilled, highly educated people, and this is a measure that
the Chamber identified as part of its ``20,010 by 2010'' initiative of
trying to get college graduates from our area that can staff our many
high-tech and other companies.
I salute Sandy Hentges and Drew Scheberle and the many other members
of the Chamber staff and leadership for their work that led to this
amendment.
Let me just say in conclusion, thanks for the bipartisan support for
this measure. I hope only that with our measure, for which we have
considered a variety of different versions during recent months while
working with the committee, I just hope that both of the bureaucracies
involved here will really heed this amendment and will move
expeditiously because it will ensure more young people have an
opportunity to obtain a college education and have the support they
need, and it will also reduce the cost from those who are receiving
assistance improperly.
Madam Chairman, I yield back the balance of my time and urge adoption
of the amendment.
The Acting CHAIRMAN. The question is the amendment offered by the
gentleman from Texas (Mr. Doggett).
The amendment was agreed to.
Amendment No. 19 Offered by Mr. Baird
The Acting CHAIRMAN. It is now in order to consider amendment No. 19
printed in House Report 110-523.
Mr. BAIRD. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 19 offered by Mr. Baird:
At the end of title VIII of the bill, add the following new
section:
SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.
(a) Study Required.--The Secretary shall conduct a study on
making and expanding the student aid available under title IV
of the Higher Education Act of 1965 to less-than-half-time
students. The Secretary shall submit a report on the results
of such study, including the Secretary's recommendations, to
the authorizing committees not later than one year after the
date of enactment of this Act.
(b) Subjects for Study.--The study required by this section
shall, at a minimum, examine the following:
(1) The existing sources of Federal aid for less-than-half-
time students seeking a college degree or certificate.
(2) The demand for Federal aid for less-than-half-time
students and whether the demand is satisfied by existing
sources of Federal aid, taking into consideration not only
the number of less-than-half-time students currently seeking
a college degree or certificate, but also any increase in the
number of less-than-half-time students that may result from
an expansion of Federal aid for less-than-half-time students
seeking a college degree or certificate.
(3) The potential costs to the Federal Government and the
potential benefits that could be received by students
resulting from expanding Federal aid for less-than-half-time
students seeking a college degree or certificate.
(4) The barriers to expanding Federal aid for less-than-
half-time students, including identifying--
(A) statutory and regulatory barriers, such as student
eligibility, institutional eligibility, need analysis,
program integrity, and award amounts; and
(B) other factors that may limit participation in an
expanded Federal aid program for less-than-half-time
students.
(c) Recommendations to Be Provided.--The Secretary's
recommendations under this section shall include
recommendations for designing a demonstration student loan
program tailored to less-than-half-time students. The
recommendations shall include any required statutory or
regulatory modifications, as well as proposed accountability
mechanisms to protect students, institutions, and the Federal
investment in higher education.
(d) Definitions.--As used in this section:
(1) the term ``Secretary'' means the Secretary of
Education;
(2) the term ``authorizing committees'' has the meaning
provided in section 103 of the Higher Education Act of 1965,
as amended by this Act;
(3) the term ``less-than-half-time student'' means a
student who is carrying less than one-half the normal full-
time work load for the course of study that the student is
pursuing, as determined by the institution such student is
attending.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Washington (Mr. Baird) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. BAIRD. Madam Chairman, I want to address a fundamental problem in
our current education and support system and it is this, people who are
not able because they lack the money to go to school on their own
expense are not eligible for student loans if they can't go more than
half time.
Ironically, this means that some of the people who are most in need
of student loans, and very often most deserving of student loans, are
ineligible for such loans. The one law we haven't been able to repeal
in Congress is the law of unintended consequences, and this is an
unintended consequence.
We should not say to hardworking men and women who would like to go
back to school to improve their education, improve their standard of
living, no, you can't get any Federal help unless you have the time to
go more than half time. It just doesn't work. I have spoken to young,
hardworking students who say, look, I am doing everything right. I am
trying to raise my family. I am working for a living. I am paying my
bills. I would like to take courses, but I can't afford to do so
without a loan, and yet I am ineligible for the loan.
What our amendment does is simply ask the Department to conduct a
study of the pros and cons of providing less than half-time students,
making them eligible for student loans and of possibly establishing a
pilot program to see how this can best be done. This amendment has
broad support. The American Association of University Women, the
National Education Association, the Hispanic Association of Colleges
and Universities, the American Association of Community Colleges and
others.
[[Page H770]]
I would like to thank, particularly, the Chair and ranking member of
this committee and the subcommittee Chair, ranking member and their
staffs for their diligent work on this. It is a commonsense amendment
that will help literally millions of Americans be eligible for student
loans to further their education.
Madam Chairman, I would urge passage of this amendment and reserve
the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, we have no objections to this
amendment, will be voting ``yes.'' I urge my colleagues to do the same,
and I yield back the balance of my time.
Mr. BAIRD. Madam Chairman, I yield to the distinguished chairman, Mr.
Miller, for 30 seconds.
Mr. GEORGE MILLER of California. I want to thank the gentleman for
offering this amendment.
Madam Chairman, I think that this is a very important amendment. It
starts to make the attempt to conform our policies with the make-up of
the college population and the reasons that people go back to college,
which are much more diverse today than they were 10, 15 years ago; and
I want to thank him and urge my colleagues to support this amendment.
Mr. BAIRD. Madam Chairman, I urge passage and yield back the balance
of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Baird).
The amendment was agreed to.
Amendment No. 21 Offered by Mr. Crowley
The Acting CHAIRMAN. It is now in order to consider amendment No. 21
printed in House Report 110-523.
Mr. CROWLEY. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 21 offered by Mr. Crowley:
Page 346, after line 20, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
Part B of title IV is further amended by inserting after
section 428L (as added by the preceding section) the
following new section:
``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in
subsection (c) who--
``(A) commits to volunteering as a mentor for a period of
at least one school year as described in subsection (b);
``(B) attends a recognized community college; and
``(C) is not in default on a loan for which the borrower
seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized
to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan made,
insured, or guaranteed under this part (other than an
excepted PLUS loan (as such term is defined in section
493C(a))); and
``(B) to cancel a qualified loan amount for a loan made
under part D of this title (other than such an excepted PLUS
loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Volunteer Mentoring.--For purposes of this section,
an individual shall be treated as participating in a
volunteer mentoring program if they commit to mentoring an
at-risk child for a period of not less than one school year.
``(c) Qualified Loan Amount.--At the end of each school,
academic, or calendar year of volunteering as a mentor on or
after the date of enactment of the College Opportunity and
Affordability Act of 2007 as described in subsection (b), not
to exceed 5 years, the Secretary shall forgive $10 of the
student loan obligation of a borrower that is outstanding
after the completion of each such school, academic, or
calendar year of employment, for every hour of mentoring
committed, not to exceed $10,000 in the aggregate for any
borrower.
``(d) Priority.-- The Secretary shall grant loan
forgiveness under this section on a first-come, first-served
basis, and subject to the availability of appropriations.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from New York (Mr. Crowley) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. CROWLEY. Madam Chairman, I rise today to offer an amendment that
will reward community college students who are serving an important
role in all of our communities.
Specifically, it will provide community college students who mentor
at-risk children with $10 of their student loan forgiveness for every
hour, for each hour of mentoring they complete. Not only will this loan
forgiveness help our college students afford their student loans, but
it will also help recruit mentors for at-risk children.
I am proud that this Congress is so committed to creating loan
forgiveness programs for students who work in areas of national need
after graduation. Teachers, nurses, police officers, and child welfare
workers are just some professions that will have more opportunities for
loan forgiveness under the legislation we are considering today.
I applaud the Education and Labor Committee, particularly Chairman
Miller and Ranking Member McKeon, for their work on this legislation.
However, unlike many of the existing programs, my amendment offers
loan forgiveness to students for volunteer work they complete while
they are still in school, not for entering a specific profession upon
graduation. For most, mentoring children is a volunteer effort and not
a full-time job, and their reward is not monetary. With the realization
that this kind of work makes a real difference, not only in the life of
the young person they are mentoring or in their own lives, but, in
fact, it helps our entire community.
Caring adults can make a difference in children's lives, and research
shows the many positive effects of mentoring. Children that have
mentors have better relationships with adults, fewer disciplinary
referrals, and more confidence to achieve their goals. Mentoring
programs are a cost-effective approach to reducing teen pregnancy,
substance abuse, incarceration, and violence.
For at-risk children who are already susceptible to these dangers,
the need for a mentor is even greater. Unfortunately, mentors are not
always easy to recruit, and finding mentors that are able to develop
long-term relationships with children can be even more difficult.
I believe that by providing a small incentive, we will compel others
to engage in this kind of volunteerism. That is why I am offering this
amendment to provide an incentive for college students to begin
mentoring now, which will hopefully lead them to continue serving as a
mentor long after they have graduated.
Community college students are ideal targets for mentoring
recruitment because they tend to have existing relationships within the
surrounding community and are likely to remain in the area after
completing their studies. This encourages a consistent mentor
relationship, which provides the most stability for at-risk children.
Of course, potential mentors can be found in many places, and I hope
that in the future we will be able to expand this program to all
colleges and universities. I know that many institutions are working on
ways to encourage their student body to get more involved in
volunteering, and I am certain that passing this amendment today will
lead to future success.
I would ask my colleagues to please join me in supporting this
amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, this is a very creative
outside-the-box way to provide an incentive to recruit mentors for at-
risk kids, and I commend the author of this amendment, Congressman
Crowley, for coming up with this idea; and I will be voting for it.
[[Page H771]]
I had a mentor myself when I was a young child in Big Brothers Big
Sisters program. When I got a little older and became an adult, I
became a mentor to high school students through the largest mentoring
program in Orlando, Florida, called Compact, which provides mentors to
children who are at risk of dropping out of school.
I then became chairman of the board of that organization; chairman of
the Mentoring Caucus, once I got to Congress; and a coauthor of the
Mentoring for Success Act with Congressman Tom Osborne, which is now
part of No Child Left Behind.
{time} 1600
I tell you this by way of background, because I know that the hardest
thing in mentoring organizations is recruiting mentors. I gave in 1
year 50 speeches to Rotary clubs and Kiwanis clubs to recruit 700
mentors, and it was very difficult because sometimes you only get folks
to mentor for 1 year. But I saw that once you invested the time towards
recruitment, it made a difference. That program, Compact, has a 95
percent success rate in keeping kids in school. As Congressman Crowley
alluded to, that helps all of us in terms of lower incarceration rates.
Right now, 75 percent of the inmates in our jails and prisons
nationwide are high school dropouts. State prisons cost taxpayers
$20,000 a year; Federal prisons, $25,000 a year.
If we can say to community college students, Hey, we want you to do
the right thing by providing an hour a week as a mentor, or more, and
by the way, if you do, we will help you financially for $10 an hour for
every hour you mentor for a year, that creates a pretty good pool of
folks that we can look to to do the right thing and have a financial
incentive.
I congratulate you for this innovative approach. I never thought of
it, but am impressed with it, and will be voting for it. I urge my
colleagues on both sides of the aisle to vote for it as well.
I yield back the balance of my time.
Mr. CROWLEY. I yield 30 seconds to the gentleman from California (Mr.
George Miller).
Mr. GEORGE MILLER of California. I thank the gentleman from New York
(Mr. Crowley) for offering this amendment. As has been pointed out,
mentoring can be a very powerful force in students' lives as they
struggle. To have mentoring by older students or older members of the
community who have a grasp of the subject matter can really turn around
their abilities to read and do math and comprehend so many other
subjects and lead to improved performance in school or in other
activities in the community.
I thank the gentleman for offering this and urge support of the
amendment.
Mr. CROWLEY. Mr. Chairman, let me thank the chairman, Mr. Miller, for
his comments. And thank you, Mr. Keller, for adding your own life
experience and adding that to the debate today, and for your support
for this amendment.
We have heard the expression ``this is a win-win.'' Well, this is a
win-win-win. This is a win for the at-risk youth. This is a win for the
student who will serve as a mentor and be able to repay his or her
college loan at $10 an hour for each hour that they commit to this
program, and this is a win for all of our communities as well,
mentoring at-risk youth, enabling them to have a better quality of life
through this program. And I thank both of you, and all of my
colleagues, for supporting this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Pomeroy). The question is on the amendment
offered by the gentleman from New York (Mr. Crowley).
The amendment was agreed to.
Amendment No. 22 Offered by Mr. Cooper
The Acting CHAIRMAN. It is now in order to consider amendment No. 22
printed in House Report 110-523.
Mr. COOPER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. Cooper:
Page 244, line 7, strike ``$300,000,000'' and insert
``$500,000,000''; and on line 11, strike ``$100,000,000'' and
insert ``$125,000,000''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Tennessee (Mr. Cooper) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. COOPER. Mr. Chairman, this is a very simple but important
amendment. It will help Historically Black Colleges and Universities,
as well as Historically Black Graduate Institutions. What it would do
is raise the authorization level for HBCUs, Historically Black Colleges
and Universities, from the current $300 million up to $500 million,
which is a $200 million increase, and a vitally necessary $200 million
increase. It has been some 10 years since the Higher Ed. Act has been
reauthorized. It is very important that we take into account inflation
and other needs and offer to HBCUs the help that they so desperately
need.
The amendment would also increase for HBGIs, Historically Black
Graduate Institutions, the authorization from the current $100 million
and would take it up to $125 million.
As the chairman knows, being a Blue Dog Democrat, I am firmly
committed to finding spending cuts to pay for these eventual
appropriations, but the key is to lift the cap to allow these vitally
important national institutions to grow and prosper and continue the
wonderful job they are currently doing.
Although these institutions today are only 3 percent of the total
college and graduate population in this country, they graduate 25
percent of our minority lawyers and doctors and teachers and other
workers, so these are vitally important institutions.
I want to thank the chairman of the full committee, Mr. Miller, for
allowing this amendment. And also, in particular, our majority whip,
Mr. Clyburn, for the key role he has played in making sure that
Historically Black Colleges and Universities get the attention they
deserve.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I thank the gentleman for yielding, and I
rise in strong support of the Cooper amendment.
I am a great believer in what our historically black colleges have
done and continue to do. Delaware State University in my State is
clearly a good example of that. I think this authorization level
increase makes a lot of sense.
This is not something new. This has been going on for over 100 years
in our country. We have been basically educating African Americans,
sometimes in a segregated way, but now I think in every instance in a
way where we have complete desegregation, too. The historical black
colleges have played a prominent role in the education of many African
American students in our country and have provided an environment of
intellectual and cultural growth.
While comprising 2.4 percent of all 2- and 4-year title IV eligible
institutions, the Historically Black Colleges and Universities are
responsible for 23 percent of the bachelor's degrees awarded to African
Americans, 13.6 percent of all master's degrees awarded to African
Americans, and 24.1 percent of first professional degrees awarded to
African Americans. These statistics are very important, and I think
make a great deal of sense in terms of our continuing support in the
Congress of the United States of America.
I think the amendment is a good amendment, and I believe that it is
one that we should all support here as part of this act which is going
to help higher education in our country.
Mr. COOPER. Mr. Chairman, I am proud to support this amendment on
behalf of the HBCUs that I represent in my district, Meharry Medical
College, Fisk University, and Tennessee State University, and also on
behalf of the 103 other great HBCUs across this country.
[[Page H772]]
And I now yield such time as he may consume to the gentleman from
Tennessee (Mr. Cohen) who represents LeMoyne-Owen College in his
district.
Mr. COHEN. Thank you, Congressman Cooper.
Earlier this year, on the budget, Congressman Cooper and I
cosponsored an amendment to include this in the budget. Unfortunately,
it didn't make it through the Senate, and I am proud to be here to
support this amendment with Congressman Cooper.
In my district, LeMoyne-Owen College has struggled financially. It is
an institution of long and historic import to our community. It
survived this year. It has difficulties with its financial base, but it
has done much for our city in educating young people and continues to
do so.
This provision would give LeMoyne and Fisk, which has had some
financial difficulties, and other schools like Bennett and Wiley,
additional help so they can continue to serve a mission that is unique
in this country.
Anybody who saw the movie ``The Great Debaters'' should be able to
understand what Historically Black Colleges and Universities mean to
many people in this country. There are alumni of Fisk University,
LeMoyne-Owen, Wiley, and other Historically Black Colleges and
Universities which see their institutions being threatened with
elimination. That is a serious thing. We consider our colleges part of
ourselves and almost part of our family, that is part of your home,
your mother, in essence. To have it disappear is wrong.
LeMoyne-Owen is a good institution, as is Fisk, as is Wiley, and this
amendment would help them stay capable of surviving and servicing
people who want an education in this atmosphere, and I wholeheartedly
support this amendment and thank Congressman Cooper for bringing it.
Mr. KELLER of Florida. Mr. Chairman, I yield back the balance of my
time.
Mr. COOPER. I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Cooper).
The amendment was agreed to.
Amendment No. 23 Offered by Mr. Ryan of Ohio
The Acting CHAIRMAN. It is now in order to consider amendment No. 23
printed in House Report 110-523.
Mr. RYAN of Ohio. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 23 offered by Mr. Ryan of Ohio:
At the end of title VIII of the bill, add the following new
section:
SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL
RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated
pursuant to subsection (e), the Secretary shall make grants
on a competitive basis to not more than 10 institutions of
higher education to support pilot programs that expand the
services of bookstores to provide the option for students to
rent course materials in order to achieve savings for
students.
(b) Application.--An institution of higher education that
desires to obtain a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing or accompanied by such information, agreements,
and assurances as the Secretary may reasonably require.
(c) Use of Funds.--The funds made available by a grant
under this section may be used for--
(1) purchase of course materials that the entity will make
available by rent to students;
(2) any equipment or software necessary for the conduct of
a rental program;
(3) hiring staff needed for the conduct of a rental
program, with priority given to hiring enrolled undergraduate
students; and
(4) building or acquiring extra storage space dedicated to
course materials for rent.
(d) Evaluation and Report.--
(1) Evaluations by recipients.--After a period of time to
be determined by the Secretary, each institution of higher
education that receives a grant under this section shall
submit a report to the Secretary on the effectiveness of
their rental programs in reducing textbook costs for
students.
(2) Report to congress.--Not later than September 30, 2010,
the Secretary shall submit a report to Congress on the
effectiveness of the textbook rental pilot programs under
this section, and identify the best practices developed in
such pilot programs. Such report shall contain an estimate by
the Secretary of the savings achieved by students who
participate in such pilot programs.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $50,000,000 for
fiscal year 2009 and 2010.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Ohio (Mr. Ryan) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. RYAN of Ohio. Mr. Chairman, I rise in support of this amendment
and first want to thank Mr. Miller for what he has been able to do with
this piece of legislation, and also thank the gentleman from New York.
And congratulations on the New York Giants' victory in the Super Bowl.
This is an issue that is near and dear to many people's hearts in
this Congress, the cost of college education.
When you think about what a lot of these kids have to go through,
application fees, lab fees, parking passes, meal tickets, rec center
fees. You get a bill from the bursar's office, and you don't even know
what it is for, but it is for $150.
And one of the key factors in the increase in the cost of a college
education is textbooks. You buy a textbook for $100, you use it for the
semester, and you bring it back and they say, We will give you a dollar
for it. So you end up keeping it.
This amendment creates a pilot program across the United States
authorizing $50 million over 2 years to allow pilot programs for book
rentals. There have been programs across the country, several here or
there, that have showed savings for students up to a third of the cost
of the textbooks. This pilot program gives the Secretary of Education
great discretion to start up to 10 pilot programs where they can begin
to share books, rent books, put them back into circulation and save
students some money.
This is an opportunity for us to figure out what pilot programs work,
what is best for a big school, and what is best for a smaller school,
but give us an opportunity to figure out how we can save these students
money.
We talk about being competitive in a global economy, we talk about
investing in education, but if we continue to have these kinds of
barriers for our students, we are not going to get the entries that we
need, and we are not going to get the production of diplomas that we
need in this country to continue the kind of economic growth we need.
I think this is a good amendment that gives a lot of discretion to
the Secretary of Education to make sure that we try to figure this out
and do it the right way.
I would appreciate support for this amendment. I know that the
chairman supports it. I think it is a good thing to add onto this bill.
I think it is good for the country, and it gets us into an innovative
mindset as we try to address the cost of college education.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I rise in support of the Ryan-Altmire
amendment in the broader sense of what we are dealing with here today,
and that is the cost of higher education.
{time} 1615
I think we have an obligation as elected officials in this country to
do everything in our power to allow young individuals, perhaps in some
cases middle-aged individuals, to proceed with a college education. It
is necessary for the future of our country, for the future of our
economy, and we have to look at all different measures of this. And
we're dealing with a lot of broader measures here today. But I've often
heard this issue of textbooks is a significant cost driver, and I think
it is. I see, by some statistics that have been provided to us, the
textbook prices have increased at four times the rate of inflation
since 1994; and students spend an average of $900 a year on textbooks,
[[Page H773]]
an amount equal to 20 percent of tuition at an average university, half
the tuition at a community college. If those numbers are anywhere near
correct, and they're projected numbers, but if they're anywhere near
correct, that is a huge problem which we have to address in this
country. And the colleges have sort of wrestled with it a little bit,
but I think they need some guidance. And I believe that the proposal
which is in this amendment provides some good guidance to actually try
to put together a program so that textbooks can be exchanged and the
costs can be kept down greatly.
Under the bill, the publishers would be asked to provide more
information to the faculty about pricing; and that's good, because I
think the bill did some good things in this area. And colleges and
universities would be required to notify their students about which
books are needed for which classes so the students are better able to
plan and prepare for textbook costs.
But this amendment, which goes further than that, provides us with an
opportunity to take more concrete steps to address the high cost of
college textbooks by creating the limited pilot competitive grant
program to establish a college textbook rental program. If this, as a
pilot program, can work, it could lead to measures much further down
the line which could provide very substantial cost savings to
individuals who are attending college. And for that reason, hopefully
we can all be supportive of it.
Mr. RYAN of Ohio. Mr. Chairman, can I inquire how much time I have.
The Acting CHAIRMAN. The gentleman from Ohio has 2\1/2\ minutes
remaining.
Mr. RYAN of Ohio. Mr. Chairman, I would like to yield 1\1/2\ minutes
to my partner from Pennsylvania (Mr. Altmire) whose fingerprints are
all over this amendment.
Mr. ALTMIRE. Mr. Chairman, over the past 20 years, the average price
of textbooks has nearly tripled. College students now spend $1,000 a
year on textbooks, and for some majors it can be up to $2,000. This
dramatic rise in textbook prices is a significant contributor to the
increase in overall cost of college education. To remedy this, I'm
offering this amendment today with Congressman Ryan. Our amendment
creates a pilot program to award 10 competitive grants to establish
rental textbook programs.
Rental programs could reduce textbook expenses by up to 75 percent. A
recent report by the Advisory Committee on Student Financial Assistance
highlighted textbook rental programs as a way to significantly reduce
textbook expenses. The same report noted that the primary obstacle to
these programs is the start-up costs associated with implementing them.
The Ryan-Altmire amendment will enable institutions to create
textbook rental programs and, as a result, save students money. I
encourage all of my colleagues to support it. And I thank the gentleman
from Niles, Ohio, for allowing me to attach my name to his amendment.
Mr. KELLER of Florida. Mr. Chairman, I yield myself as much time as I
may consume.
I also will be supporting the Ryan-Altmire amendment. I am not so far
removed from college and law school that I don't remember the days when
you would go to buy your textbook at the bookstore. Often you'd be
required to buy a particular textbook written by that professor and get
sticker shock that this particular book is $120.
When you talk to the publisher, sometimes they say, well, it's not
our fault. We sold it to the bookstore at 60 bucks and they marked it
up to 120 bucks. And when you talk to the bookstore people they said,
no, it's their fault because they told us an abnormally low suggested
retail price and made us look bad.
I don't know whose fault it is. All I know is we've got to get some
relief to these college and law school and graduate students who are
forced to buy particular books. This seems to at least try, and
whatever we can do to try to help these kids who are spending $900 to
$2,000 a year we owe it to them to do. So I urge my colleagues to vote
``yes'' on this bill.
Mr. Chairman, I yield back the balance of our time.
Mr. RYAN of Ohio. Mr. Chairman, I'd like to thank the gentleman and
appreciate the bipartisan support of this amendment. Funding education,
trying to reduce the cost of college is not a partisan issue. This is
something that we need to do as Americans if we want to stay
competitive.
You can't fund your military without a growing economy. You can't
have a growing economy without investments in education.
This particular amendment has taken the advice from the Advisory
Committee on Student Financial Assistance that was started a couple of
years ago, offered this as a suggestion. We're taking that suggestion;
we're working with it.
Colleges in Ohio, my alma mater, Bowling Green, is now, through this
program, offering books for 35 percent of what the book should cost. So
a $100 book, through this program at Bowling Green is 35 bucks. That's
a significant savings for our students.
So I want to thank the bipartisan support, thank Speaker Pelosi, and
thank Chairman Miller for their help with this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Ryan).
The amendment was agreed to.
Amendment No. 24 Offered by Mr. Van Hollen
The Acting CHAIRMAN. It is now in order to consider amendment No. 24
printed in House Report 110-523.
Mr. VAN HOLLEN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 24 offered by Mr. Van Hollen:
At the end of section of section 271 of the Higher
Education Act of 1965, as added by section 201 of the bill,
add the following new subsection:
``(f) Authorization of Appropriations.--Of the sums
authorized to be appropriated by section 240, the amount
authorized to be appropriated to carry out this section shall
not exceed--
``(1) $20,000,000 for fiscal year 2009;
``(2) $25,000,000 for fiscal year 2010; and
``(3) such sums as may be necessary for each of the 3
succeeding fiscal years''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Maryland (Mr. Van Hollen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Mr. Chairman, I rise today to join my colleague, Mr.
Castle of Delaware, in offering this amendment in support of Teach for
America. And I want to recognize the efforts of Mr. Castle for his
years of advocacy for this very important cause and thank Chairman
Miller and Ranking Member McKeon for their stalwart bipartisan support
for Teach for America.
For many years, Teach for America has pioneered an innovative and
very successful approach to teacher recruitment, placing over 17,000
outstanding college graduates in schools around our Nation, reaching
over 2 million students. Many of those graduates remain in education
after teaching as corps members, either as teachers or as principals,
or remain otherwise active within our educational community.
This is a program that has received strong bipartisan support from
this Congress, and the Teach for America Act, which authorizes the
partnership between the Federal Government and this important program,
was introduced on a bipartisan basis by a number of us, including Mr.
Castle, Ms. DeLauro, who has been a champion of this issue, Mr. Regula,
Mr. Sarbanes, and now has over 105 cosponsors. And I want to thank
Chairman Miller and the committee for incorporating the major
provisions of that legislation into the bill that is before us today.
This amendment proposes one change, which is the bill before us
authorizes such sums as may be necessary for this program. And what
this amendment does is seek to clarify our congressional intent with
respect to the specific targets that we want to hit with respect to
funding. It sets an authorized level of $20 million for fiscal year
2009 and $25 million for fiscal year 2010. And those are the levels
that are consistent with the Teach for America's published budget. And
with this funding, Teach for America can expand
[[Page H774]]
from 5,000 members in 26 urban and rural areas around the country, to
8,000 members in 33 regions and serve 680,000 economically
disadvantaged children.
This is an important, real impact. Teach for America has been
forthright about its plans, and it raises about 80 percent of its funds
from nongovernment sources. This amendment, of course, does not make
this mandatory, but it clearly says that this is the intent of Congress
to reach these levels. These are the levels necessary to get the job
done and make sure we fund our share of this very important
partnership.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield 2\1/2\ minutes to the
coauthor of this amendment, the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I rise in strong support of the amendment
which I have cosponsored with Mr. Van Hollen. I could not be more
strongly in support of this.
I think we need to understand what Teach for America is. Most people
may know, but essentially it's a reach-out by a young lady whose name
is Wendy Kopp, with a board of directors which is very strong, which
was created with the idea of attracting bright young students to
education.
We have many, many good educators in America. We need the best
teachers we can find in this country. This was an effort to try to
attract individuals who are not necessarily involved in education to
become involved in that profession. So they reached out to our very
best schools. And all of a sudden, if you look at the Ivy League
schools and the other very top schools in America, you are going to
find there are more young candidates to go into the Teach for America
program than there are any other employer at those particular schools
now. A lot of young people want to do this, and it's been highly
successful.
They get involved in the schools. It was never established,
necessarily, to have them be teachers for life. But that has actually
worked in favor of teaching as well because some have stayed in
teaching. Others have gone into education administration. And as a
result, we have been able to bolster our teachers across the United
States of America. It brings new young people into teaching; and with
the experienced good teachers that we have already in our country, it
can make a huge difference.
I think we have a responsibility to inspire young people to teach, if
they are qualified to do so, in every way we possibly can. As a matter
of fact, they turned down so many people in this program, I think maybe
we should be suggesting a second program of some kind to pick up some
of those who were turned down, because they're very qualified people,
as a matter of fact.
You heard some of the numbers which Mr. Van Hollen brought up before
of 5,000 corps members, et cetera. We want to increase that number.
That's what this is really all about.
Hopefully, all of us can be supportive of legislation which is going
to provide good teachers, great teachers, to make a difference in the
lives of our young people and, hopefully, any concern about how they're
getting into teaching versus how others get into teaching is something
which we can resolve.
This is clearly needed in this country. We need to improve our
schools however we can. I think this amendment will do it, and I
encourage everyone to support it.
I rise in support of this amendment offered by Congressman Van
Hollen. I support H.R. 4137, and believe that with passage today we
will be making some good reforms for our institutions of higher
learning, parents, and students. This amendment is intended to build
upon these reforms, and extend them into our nations elementary and
secondary schools.
Specifically, our amendment would authorize funding to support the
Teach for America Program to recruit, select, train and support a
national corps of outstanding recent college graduates, of all academic
majors, who commit to teach in low-income communities and who hopefully
become lifelong leaders for education.
Earlier this year, Representative Van Hollen and I introduced
legislation which authorizes Teach for America. Currently, funding for
the program has been consistent, but piecemeal. The purpose of the
bill, and amendment, should the organization be awarded a grant, would
be to provide an efficient funding stream. Ultimately this will help
the organization grow from its current membership of over 5,000 corps
members in over 1,000 schools in 26 regions. The Teach for America
legislation has the support of 105 cosponsors, spanning the political
spectrum. The Senate has also expressed support for the program, and
has included language in their reauthorization of the Higher Education
Act. It is my hope that today the House will show their support by
including this amendment in H.R. 4137.
What we know to be true is that a highly qualified teacher is
imperative to the achievement of our students. This amendment will help
us to make that more possible across the country. As we, as a nation,
continue to focus on closing the achievement gap, I see no better
compliment than a national teacher corps.
I encourage all of my colleagues to join representative Van Hollen
and me in supporting this amendment.
Mr. VAN HOLLEN. Mr. Chairman, I'd like to inquire how much time is
remaining.
The Acting CHAIRMAN. Both sides have 2\1/2\ minutes remaining.
The Acting CHAIRMAN. I yield 30 seconds to the chairman of the
committee, Mr. Miller.
Mr. GEORGE MILLER of California. I just want to thank my colleagues
for support of this amendment. I want to thank Mr. Van Hollen. He's
been so persistent on this amendment.
Teach for America brings a lot of exciting new people to teaching, to
join career teachers to rebuild our schools. And I know there's been
some criticism of this program. I would just say, ask a principal who
has Teach for America students in their schools. They're delighted.
They would like more.
I also want to recognize, I see Mr. Regula sitting here, who's been a
champion of this program year after year after year in the
appropriations process.
Mr. Van Hollen, thank you for this amendment.
Mr. VAN HOLLEN. Thank you very much, Mr. Chairman.
I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, at this time I'd like to yield
2\1/2\ minutes to the gentleman from Ohio (Mr. Regula).
Mr. REGULA. I thank the gentleman for yielding, and I congratulate
the sponsors.
In the Labor, Health and Human Resources and Education bill, we
started funding this program. It was a huge success. We had testimony
in our subcommittee from students who had been involved in this, and
they were so impressed that they could participate. And I'm sure, out
of this program, we've developed not only teachers, but administrators.
A classic example is Michelle Rhee, who is the new superintendent of
the City of Washington school system. She was a person who was part of
the Teach for America. And not only do you get teachers who are, of
course, extremely important to education, but you get people who will
probably be on school boards, community leaders who will be in
positions to further the cause of education. And I don't think there's
anything we can do as a Nation more important than beefing up and
supporting our education system. It's the future of this country to
have educated people, and to do that you need good teachers. And we
need to get people from all walks of life involved in teaching.
I think it's a great program. We certainly were impressed with the
testimony we heard in the Labor, Health and Human Services Education
Subcommittee of the Appropriations Committee about the value of this to
the society and to the individuals involved.
{time} 1630
I congratulate the authors for this support, and I think by making
this a part of the education program on a fixed basis we are saying, in
effect, this is more than temporary; this is of permanent value to the
future of this Nation and to the future of education.
Mr. KELLER of Florida. Mr. Chairman, I urge my colleagues to vote
``yes'' on this amendment and yield back the balance of my time.
Mr. VAN HOLLEN. Mr. Chairman, I also want to recognize Mr. Regula for
his early and steady support.
[[Page H775]]
I yield 1 minute to Congresswoman Rosa DeLauro of Connecticut.
Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment. Last
year I participated in Teach for America's guest teacher program,
leading a class of first graders at Clemente Leadership Academy in New
Haven. I saw some of our brightest teachers, active and engaged
teachers, raising expectations, building the foundations to create
opportunity. That is what Teach for America is all about.
The studies show that these teachers make more progress in reading
and math. That's expected. They obtain significantly greater gains in
math. They work in the highest need classrooms in the country. Their
alumni work in full-time positions in education. They support the
program's mission, and what they do is they have closed that
achievement gap.
Support this amendment and confront the inequity; pursue educational
excellence.
I urge a ``yes'' vote.
Mr. VAN HOLLEN. May I inquire how much time is remaining.
The Acting CHAIRMAN. The gentleman from Maryland has 1 minute
remaining.
Mr. VAN HOLLEN. Mr. Chairman, I want to once again thank the chairman
of the committee, Mr. Miller, and the ranking member, Mr. McKeon, for
their efforts on this.
I yield the remainder of my time to Mr. Chaka Fattah of Pennsylvania
who has been such a great leader on education issues across the board.
(Mr. FATTAH asked and was given permission to revise and extend his
remarks.)
Mr. FATTAH. Mr. Chairman, I want to thank Chairman Miller and the
ranking member, Buck McKeon, for a great bill. This amendment by my
colleagues to expand and authorize a greater investment in Teach for
America, there is no more important an effort, as far as I'm concerned,
in terms of recruiting quality teachers. We have hundreds of Teach for
America volunteers in the Philadelphia School District now and across
the country, and I've watched this program grow from its very
inception. It is a great program.
This amendment will make this bill even better. I congratulate the
chairman and the ranking member and the work product of the committee.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Maryland (Mr. Van Hollen).
The amendment was agreed to.
Amendment No. 25 Offered by Mrs. Gillibrand
The Acting CHAIRMAN. It is now in order to consider amendment No. 25
printed in House Report 110-523.
Mrs. GILLIBRAND. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 25 offered by Mrs. Gillibrand:
Page 406, line 17, strike ``and'' and after such line
insert the following new paragraph (and redesignate the
succeeding paragraph accordingly):
(2) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the law enforcement authority of campus security
personnel;
``(ii) the working relationship of campus security
personnel with State and local law enforcement agencies,
including whether or not the institution has a written
agreement, such as a memorandum of understanding, with such
agencies;
``(iii) the institution's plan, which shall address
coordination with State and local law enforcement agencies,
for the investigation of--
``(I) any felony described in subparagraph (F) of this
paragraph occurring in the areas described in subparagraphs
(A) through (D) of paragraph (12) of this subsection; and
``(II) a report of a missing student; and
``(iv) policies which encourage accurate and prompt
reporting of all crimes to the campus police and the
appropriate police agencies;''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman from New York (Mrs. Gillibrand) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. GILLIBRAND. Mr. Chairman, I rise in support of my amendment, and
I yield myself as much time as I may consume.
First, I would like to thank Chairman Miller and Chairman Hinojosa
and Congressman Bishop for their leadership on this bill. This
reauthorization of the Higher Education Act will strengthen the
American Dream by allowing millions of young people to better afford
college.
I also would like to thank my colleague Congressman Mike McNulty and
Congresswoman Carolyn McCarthy for their thoughtful work on the issue
of campus safety.
Thank you, also, to Security on Campus, Inc., the leading advocacy
organization for campus security.
Our country's number one priority is to protect our children from
harm so that they can grow up and fulfill their God-given potential. A
parent's worst fear is to send their child off to college and to have
them become a victim of violent crime. Tragically, this happens far too
often. The 10-year span from 1997 to 2006 registered, on average, 20
homicides every year occurring on college campuses.
Furthermore, numerous college students, the majority of them young
women, have been abducted, leaving their family, friends, and community
searching for years in hopes of solving their case.
Mr. Chairman, this issue has significantly affected the community
that I represent.
On March 2, 1998, Suzanne Lyall, a 19-year-old sophomore at SUNY-
Albany, was kidnapped and never seen again. Nearly 10 years later, her
case remains unsolved.
My amendment is intended to prevent more parents from experiencing
the pain that Suzanne's parents, Doug and Mary, must face every day.
The amendment that I am offering would ensure that all institutions of
higher education have a standing policy outlining the roles and
responsibilities for campus, local, and State law enforcement agencies
if a violent crime happens to occur on campus.
This amendment will minimize confusion and delays during the initial
investigation of a violent felony, such as a kidnapping. The first few
hours and days after a crime is committed are the most critical for
solving a case, and the questions involving police jurisdiction should
be settled before a crime occurs, not after. My amendment will help
facilitate the prompt and sufficient investigation of serious crimes.
In addition, the amendment's provisions have already been signed into
law in California, South Carolina, Tennessee, and my home State of New
York.
Over 60 percent of postsecondary schools have fewer than 2,500
students. And thankfully, such horrific crimes are rare at small
schools. However, many of the small schools do not have a full police
force, and the school security force may not be sufficiently trained to
handle such a complex investigation.
This amendment will give peace of mind to students and to parents by
giving them the knowledge that the best investigative procedures will
be followed to solve such terrible crimes.
Mr. Chairman, at this time, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER. Mr. Chairman, I reserve the balance of my time.
Mrs. GILLIBRAND. Mr. Chairman, I yield myself such time as I may
consume.
I would also like to add that bringing attention to the issue of
campus safety has been a priority of mine since I entered Congress.
Last year, I introduced, and the House passed, House Resolution 303,
which called on the President to declare April 6, which is Suzanne
Lyall's birthday, National Missing Persons Day. This day will allow all
Americans to honor those who remain missing and to remember their
families and loved ones who hope and pray every day for their safe
return.
April 6 is approaching, and I join with Suzanne's parents in strongly
advocating for the creation of this national day of remembrance.
The amendment that I offer today will hopefully prevent future school
tragedies from happening. I urge all my colleagues to join me in
honoring Suzanne by voting ``yes.''
[[Page H776]]
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentlewoman
yield?
Mrs. GILLIBRAND. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Chairman, I want to thank the
gentlelady from New York (Mrs. Gillibrand) very much for offering this
amendment. The question of student safety is something that the
committee is hearing more and more about from not only schools but
obviously from parents. Parents are asking these questions now as they
seek to apply to different institutions, and I think this amendment
will be very helpful to us.
I urge the support of the amendment.
Mrs. GILLIBRAND. Mr. Chairman, I yield back the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, we have no objections to the
amendment.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York.
The amendment was agreed to.
Amendment No. 26 Offered by Mr. Patrick J. Murphy of Pennsylvania
The Acting CHAIRMAN. It is now in order to consider amendment No. 26
printed in House Report 110-523.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 26 offered by Mr. Patrick J. Murphy of
Pennsylvania:
In section 490, after subsection (d), insert the following
new subsection (and redesignate the succeeding subsection
accordingly):
(e) Commitment to and Notice of Tuition Levels.--
(1) Amendment.--Section 487(a) is further amended by adding
at the end the following new paragraph:
``(29)(A) The institution will provide to each admitted
student considering an undergraduate or graduate program--
``(i) a multi-year tuition and fee schedule; or
``(ii) a single-year tuition and fee schedule, and
nonbinding, multi-year estimate of net costs after all
financial aid is awarded, assuming constant family and
student income, assets, and relevant circumstances.
``(B) Multi-year schedules and estimates required by
subparagraph (A)--
``(i) may include a percentage or dollar increase or
decrease of any size the institution deems appropriate from
one year to the next; and
``(ii) shall indicate, on a year-by-year basis, costs for
the normal duration of the relevant student's undergraduate
or graduate program.
``(C) Institutions that elect a single-year tuition and fee
schedule under subparagraph (A)(ii) shall include with each
multi-year estimate the average deviation, in percentage
terms, between previous year estimates and actual net costs
for students at their institution.
``(D) The Secretary shall waive the requirements of
subparagraph (A), and of the commitment made therender, if
the institution demonstrates to the Secretary that the
requirements of subparagraph (A) are not practicable because
of the occurrence of one or more events causing the
institution severe economic distress, dramatic reduction of
State or Federal aid, or any other circumstance the Secretary
deems valid.''.
(2) Effective date.--The amendment made by this subsection
shall be effective on July 1, 2009.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Patrick J. Murphy) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield myself
as much time as I may consume.
Mr. Chairman, today, with this bill, we will vote to make a real
difference and put a college education within reach of more students
than ever before. My colleagues, Chairman Miller, Chairman Hinojosa,
Mr. McKeon, and Mr. Keller, put forth legislation that we could all be
proud to support. This is just the latest measure in the 110th Congress
that has put forth more help for students to reach the American dream.
Mr. Chairman, it's time to be straight with American families about
how much a college education is truly going to cost. We have seen the
numbers and met the families who sit at their kitchen table and
struggle to find a way to send their kids to school.
One thing, though, we don't hear much about, what is just as
devastating to families, is the dramatic fluctuation in tuition from
year to year. College costs have risen 40 percent over the last 5
years, but in several cases around the country a sharp jump in prices
comes between the end of classes and the following fall. How are
families supposed to plan when between finals and the first day of
school tuition goes up more than $6,000?
Mr. Chairman, this amendment is about planning and predictability.
With this measure, students and families will know how much their
education is going to cost from the start, and that means fewer
surprise tuition hikes and plenty of time to plan financially.
We not only give parents and students the time that they need, but we
also give colleges and universities options and incentives for helping
kids plan for and to afford college.
Our amendment gives colleges and universities two options on how to
better inform students and families. Schools can either provide a fee
schedule up front for all 4 years or a single-year fee schedule with
detailed information about future costs, including financial aid.
Through either of these options we can make planning for college a
little easier.
Mr. Chairman, I don't believe it's too much for families to ask the
university for a best guess as to what their child's education will
cost. After all, families can figure out how much they're going to pay
for a house, how much braces will cost for their kids' teeth, or what
it costs to buy a car or plan for their retirement. They should be able
to plan more appropriately for college.
I thank my colleague from North Carolina, Congresswoman Myrick, for
standing with me on this amendment and being a leader on college
affordability, and for my colleague from California, Congressman
Cardoza, for his support.
I'd also like to thank Chairman Miller for his leadership and his
tireless efforts to help families and students realize the American
Dream.
Mr. Chairman, I urge my colleagues to stand with us to put a stop to
the uncertainty families face and give them this truth in tuition.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does any Member claim time in opposition?
Mr. BISHOP of New York. Mr. Chairman, I rise to claim time in
opposition, though I will not express opposition, I will just express a
plea for clarity on this measure as we go to conference.
My concern is this, and by the way, I would like to applaud my
colleagues for offering this amendment, and I certainly would like to
laud their intent, but my concern is that we will be requiring colleges
to provide information that, by its very nature, is speculative, and we
will then be allowing students to make judgments on that information
when it may not be reliable. And having gone through this for a long,
long time in a previous life, it is not a good idea to give students
misinformation.
So my plea is that as we go to conference on this, I hope that we can
work with the authors of the amendment to maintain its intent but
clarify the language in such a way that students are not put into the
position where they are put in a position where they make judgments
based on information that, as I say, is speculative and, therefore, not
as reliable as it could be.
As I say, though, I am not in opposition. I just hope that we can
clarify this in conference.
Mr. Chairman, I yield back the balance of my time.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield 2
minutes to my friend and colleague from North Carolina (Mrs. Myrick).
Mrs. MYRICK. I thank my friend for yielding.
Every time a constituent of mine talks about college there is mention
about how much it costs, and they tell me about their struggles and the
choices they have to make in order to put their kids through college.
{time} 1645
Millions of families sit at the kitchen table and try and figure this
out every year, how are they going to make ends meet and pay for it.
And there have been a lot of high and unpredictable costs over the
years, and it's really tough for them, especially if it's tough
[[Page H777]]
economic times. It's tough for them to figure it out because they don't
know if it will be 3 percent, 30 percent, what it might end up being.
So I feel, and my colleague agrees, that parents need to have some
certainty and know the cost of the degree.
And when colleges can set multi-year contracts for their vendors and
for their basketball coach and even their presidents and other people,
it seems like they can at least give some idea of what the education is
going to cost for the parents.
The Truth in Tuition amendment helps the families plan by making sure
that the schools give every student a clear picture of what their
degrees will cost. It's a reasonable amendment, and it gives schools
great flexibility. There aren't any price caps, and it doesn't freeze
the price of tuition. They can set their tuition rates however they see
fit. But it shows the students and their families what the charges are
going to be over the course of their studies.
It's not binding on the schools. It provides the students, though, as
I say, with an idea. And there is a provision in there that if the
school has some kind of an economic hardship, they can get a waiver
from the Secretary of Education. This could include a cut in Federal or
State funding, or any number of other economic issues that might
disrupt the school's budget.
All the public universities in Illinois, central Michigan, the
University of Minnesota, George Washington University, and many more
have already implemented this policy.
And so I thank my colleague from Pennsylvania (Mr. Murphy) for all
his hard work on this bill. I thank both Chairman Miller and Ranking
Member McKeon and their staff for all the hard work they put into the
underlying bill.
I just urge my colleagues to vote for this amendment because it will
help students and families who need relief from the uncertainties of
college tuition.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Patrick J. Murphy).
The amendment was agreed to.
Amendment No. 27 offered by Mr. Shuler
The Acting CHAIRMAN. It is now in order to consider amendment No. 27
printed in House Report 110-523.
Mr. SHULER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 27 offered by Mr. Shuler:
After section 111 of the bill, insert the following new
section (and redesignate the succeeding sections
accordingly):
SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
PROGRAM.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
PROGRAM.
``(a) Purpose.--It is the purpose of this section to carry
out a pilot program to assist not more than 5 States to
develop State-level postsecondary student data systems to--
``(1) improve the capacity of States and institutions of
higher education to generate more comprehensive and
comparable data, in order to develop better-informed
educational policy at the State level and to evaluate the
effectiveness of institutional performance while protecting
the confidentiality of students' personally identifiable
information; and
``(2) identify how to best minimize the data-reporting
burden placed on institutions of higher education,
particularly smaller institutions, and to maximize and
improve the information institutions receive from the data
systems, in order to assist institutions in improving
educational practice and postsecondary outcomes.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) a State higher education system; or
``(2) a consortium of State higher education systems, or a
consortium of individual institutions of higher education,
that is broadly representative of institutions in different
sectors and geographic locations.
``(c) Competitive Grants.--
``(1) Grants authorized.--The Secretary shall award grants,
on a competitive basis, to not more than 5 eligible entities
to enable the eligible entities to--
``(A) design, test, and implement postsecondary student
data systems that provide the maximum benefits to States,
institutions of higher education, and State policymakers; and
``(B) examine the costs and burdens involved in
implementing a State-level postsecondary student data system.
``(2) Duration.--A grant awarded under this section shall
be for a period of not more than 3 years.
``(d) Application Requirements.--An eligible entity
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary determines
is necessary, including a description of--
``(1) how the eligible entity will ensure that student
privacy is protected and that individually identifiable
information about students, the students' achievements, and
the students' families remains confidential in accordance
with the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. 1232g); and
``(2) how the activities funded by the grant will be
supported after the 3-year grant period.
``(e) Use of Funds.--A grant awarded under this section
shall be used to--
``(1) design, develop, and implement the components of a
comprehensive postsecondary student data system with the
capacity to transmit student information within States;
``(2) improve the capacity of institutions of higher
education to analyze and use student data;
``(3) select and define common data elements, data quality,
and other elements that will enable the data system to--
``(A) serve the needs of institutions of higher education
for institutional research and improvement;
``(B) provide students and the students' families with
useful information for decision-making about postsecondary
education;
``(C) provide State policymakers with improved information
to monitor and guide efforts to improve student outcomes and
success in higher education;
``(4) estimate costs and burdens at the institutional level
for reporting to the postsecondary student data system; and
``(5) test the feasibility of protocols and standards for
maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than 6 months after
the end of the projects funded by grants awarded under this
section, the Secretary shall--
``(1) conduct a comprehensive evaluation of the pilot
program authorized by this section; and
``(2) report the Secretary's findings, as well as
recommendations regarding the implementation of State-level
postsecondary student data systems to the authorizing
committees.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from North Carolina (Mr. Shuler) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. SHULER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we often study how students progress from the beginning
of the school year to the end, but what happens after that? How well
are high school students prepared for college? How well are college
students prepared for the workforce? How long are graduates staying in
high-needs fields like nursing? My amendment will help provide long-
term data for our State systems' need to answer these questions.
The Shuler amendment will create a grant program to help universities
develop studies to measure students' achievement from preschool to
college and beyond. This data will also allow State lawmakers to direct
resources to programs that are producing top-quality graduates in
critical areas. Participation is completely voluntary and complies with
all aspects of the Family Educational Rights and Privacy Act.
My amendment has also been supported by the American Association of
State Colleges and Universities, the Alliance for Quality Teaching, the
National Association of Secondary School Principals, and 10 other major
organizations.
I thank Chairman Miller and Ranking Member McKeon for their time and
their dedication, and I urge my colleagues to support this amendment.
Mr. GEORGE MILLER of California. Will the gentleman yield?
Mr. SHULER. I will yield.
Mr. GEORGE MILLER of California. I want to thank the gentleman from
North Carolina for offering this amendment.
This information would be helpful to us. It would also give us the
ability to determine whether we're putting our resources and our time
and our talents in the right place with respect to properly preparing
people for the workforce.
[[Page H778]]
I would urge my colleagues to support the amendment.
The Acting CHAIRMAN. The gentleman from North Carolina is recognized.
There are approximately 3 minutes remaining on his time.
Mr. McKEON. Will the gentleman yield?
Mr. SHULER. I will yield.
Mr. McKEON. The thing that I like most about this amendment is it is
done at the State level. There are some people that would like to have
this done at the Federal level. I think the State level is the
appropriate place.
And I also like the fact that it's a pilot. It's limited. It gives us
a chance to see how it works before making it a national program.
So I commend the gentleman for his amendment and urge support of the
amendment.
Mr. SHULER. I thank Ranking Member McKeon for his dedication and hard
work as well.
I urge my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Shuler).
The amendment was agreed to.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 110-523 on
which further proceedings were postponed, in the following order:
Amendment No. 4 by Mr. Petri of Wisconsin.
Amendment No. 5 by Mr. Petri of Wisconsin.
Amendment No. 7 by Mr. Davis of Illinois.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 2-minute votes.
Amendment No. 4 offered by Mr. Petri
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 260,
noes 153, not voting 21, as follows:
[Roll No. 36]
AYES--260
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Boswell
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Cannon
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Duncan
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Faleomavaega
Fattah
Ferguson
Filner
Fossella
Frank (MA)
Frelinghuysen
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lynch
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Renzi
Reyes
Richardson
Rodriguez
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Welch (VT)
Wexler
Wilson (OH)
Wolf
Wu
Young (AK)
NOES--153
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Barrett (SC)
Barton (TX)
Berry
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Bonner
Bono Mack
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Doolittle
Drake
Dreier
Ehlers
Fallin
Feeney
Flake
Forbes
Fortuno
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Inglis (SC)
Issa
Johnson, Sam
Jordan
Keller
King (IA)
Kline (MN)
Knollenberg
Kucinich
Lamborn
Latham
LaTourette
Latta
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Melancon
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Roskam
Ross
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Yarmuth
Young (FL)
NOT VOTING--21
Boehner
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Towns
Weiner
Woolsey
Wynn
{time} 1718
Messrs. LaTOURETTE, CAMP of Michigan, McCRERY, ALTMIRE, KUCINICH and
ADERHOLT changed their vote from ``aye'' to ``no.''
Messrs. SHAYS, CARDOZA, ROHRABACHER, CARNEY, SKELTON, BUTTERFIELD,
COHEN, Ms. WASSERMAN SCHULTZ and Messrs. WATT and FRELINGHUYSEN changed
their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 5 Offered by Mr. Petri
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 222,
noes 191, not voting 21, as follows:
[Roll No. 37]
AYES--222
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
[[Page H779]]
Baldwin
Barrow
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Brady (PA)
Brown, Corrine
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Faleomavaega
Fattah
Filner
Frank (MA)
Frelinghuysen
Gillibrand
Gonzalez
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Klein (FL)
Kuhl (NY)
LaHood
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lynch
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Petri
Pickering
Pomeroy
Rahall
Ramstad
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Waxman
Welch (VT)
Wexler
Wilson (OH)
Wolf
Wu
Young (AK)
NOES--191
Aderholt
Akin
Alexander
Altmire
Arcuri
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Cohen
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Etheridge
Fallin
Feeney
Ferguson
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Hulshof
Hunter
Issa
Johnson, Sam
Jones (NC)
Jordan
Kanjorski
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kucinich
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Loebsack
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Platts
Poe
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Watt
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Yarmuth
Young (FL)
NOT VOTING--21
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Manzullo
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Towns
Weiner
Woolsey
Wynn
Announcement By the Acting Chairman
The Acting CHAIRMAN. Members are advised there is 1 minute remaining
in this vote.
{time} 1726
Messrs. ALTMIRE, BILIRAKIS, ARCURI, BOSWELL and LOEBSACK changed
their vote from ``aye'' to ``no.''
Mr. MURPHY of Connecticut changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 7 Offered by Mr. Davis of Illinois
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Davis) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 179,
noes 236, not voting 19, as follows:
[Roll No. 38]
AYES--179
Abercrombie
Ackerman
Allen
Andrews
Baldwin
Barrow
Becerra
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boswell
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Castor
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costello
Courtney
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doyle
Ellison
Emanuel
Engel
Eshoo
Etheridge
Faleomavaega
Fattah
Filner
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Hirono
Holt
Honda
Hooley
Hoyer
Hulshof
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kaptur
Kennedy
Kildee
Kilpatrick
Kucinich
LaHood
Langevin
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy, Patrick
Murphy, Tim
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Petri
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Slaughter
Snyder
Solis
Spratt
Stark
Stupak
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Welch (VT)
Wexler
Wu
Yarmuth
Young (AK)
NOES--236
Aderholt
Akin
Alexander
Altmire
Arcuri
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Cardoza
Carney
Carter
Castle
Chabot
Chandler
Coble
Cole (OK)
Conaway
Costa
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Davis (KY)
Davis, David
Davis, Lincoln
Deal (GA)
Dent
Donnelly
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emerson
English (PA)
Fallin
Feeney
Ferguson
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
[[Page H780]]
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hodes
Hoekstra
Holden
Hunter
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
Kanjorski
Keller
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Larsen (WA)
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moore (KS)
Moran (KS)
Murphy (CT)
Murtha
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Platts
Poe
Pomeroy
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Richardson
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Tancredo
Tauscher
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Young (FL)
NOT VOTING--19
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Weiner
Woolsey
Wynn
{time} 1734
Messrs. SKELTON and SHUSTER changed their vote from ``aye'' to
``no.''
Messrs. MOLLOHAN, BRADY of Pennsylvania, and FATTAH changed their
vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Tauscher) having assumed the chair, Mr. Pomeroy, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4137) to
amend and extend the Higher Education Act of 1965, and for other
purposes, pursuant to House Resolution 956, he reported the bill back
to the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
(By unanimous consent, Mr. Hoyer was allowed to speak out of order.)
Legislative Program
Mr. HOYER. Madam Speaker, I know Members have probably gotten it on
their BlackBerries, but I wanted to confirm that the stimulus package
is going to be passed in the Senate and will be coming back to us. Mr.
Boehner and I and the whip and the leadership have agreed that we will
take up the stimulus tonight. We will take it up by unanimous consent.
There will be 20 minutes of debate on each side.
We will conclude the stimulus package, send it to the President, and
we will not be meeting tomorrow.
Motion to Recommit Offered by Mr. Ferguson
Mr. FERGUSON. Madam Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. FERGUSON. I am in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Ferguson moves to recommit the bill H.R. 4137 to the
Committee on Education and Labor with instructions to report
the same back to the House forthwith with the following
amendment:
At the end of the bill, add the following new title:
TITLE XII--LIMITATIONS ON EXPENDITURES
SEC. 1201. FUNDING PRIORITIES.
(a) Pell and IDEA First.--None of the funds appropriated or
otherwise made available pursuant to an authorization of
appropriations or other provision of this Act (including an
amendment made by this Act) shall be expended to carry out
any new program under this Act for any fiscal year, or any
FIPSE program for that fiscal year, unless--
(1) the Federal Pell Grant program is fully funded for that
fiscal year; and
(2) the Individuals with Disabilities Education Act is
fully funded for that fiscal year.
(b) Definitions.--For purposes of this section:
(1) New program.--The term ``new program under this Act''
means a title, part, subpart, section, or other provision of
the Higher Education Act of 1965--
(A) for which funds are authorized to be appropriated or
otherwise made available by an amendment made by this Act to
the Higher Education Act of 1965; and
(B) for which funds were not authorized to be appropriated
or otherwise made available prior to the date of enactment of
this Act .
(2) FIPSE program.--The term ``FIPSE program'' means any
program authorized by section 741 of the Higher Education Act
of 1965, as amended by title VII of this Act.
(3) Pell grant full funding.--The Federal Pell Grant
program shall be considered to be fully funded for a fiscal
year only if the total amount appropriated or otherwise made
available for such fiscal year is sufficient to provide a
maximum Federal Pell Grant that equals or exceeds $9,000.
(4) IDEA full funding.--The Individuals with Disabilities
Education Act shall be considered to be fully funded for a
fiscal year only if, with respect to such fiscal year, the
total amount appropriated pursuant to the authorization of
appropriations under section 611(i) of such Act (20 U.S.C.
1411(i)) or otherwise made available is sufficient to provide
the maximum grant to each State as determined under section
611(a)(2)(B) of such Act (20 U.S.C. 1411(a)(2)(B)) for such
fiscal year.
Mr. FERGUSON (during the reading). Madam Speaker, I ask unanimous
consent that the reading be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes.
Mr. FERGUSON. Madam Speaker, I rise today to offer a motion to
recommit H.R. 4137, the College Opportunity and Affordability Act, back
to the committee. I offer this motion to recommit because this
legislation falls short of funding two very critical programs for the
education of people in our country. We must ensure that we are fully
funding two very important programs, Pell Grants and the Individuals
with Disabilities Education Act, IDEA, before moving forward with other
programs.
Both the Pell Grant program and IDEA have been underfunded for years.
This body has promised to fully fund these programs for all Americans,
individuals and States, and, sadly, today this body is going to break
that promise once again.
These are commitments that Republicans and Democrats together have
made over the years, and together we have fallen short. Today we have
an opportunity to change that.
While I am sure the additional programs in today's legislation are
worthy programs, we must first guarantee that we are meeting the
requirements of current programs before adding more responsibilities to
the Department of Education.
Individuals in this country depend on Pell Grants and special
education funding. For years, these two programs have been successful
and are critical to ensuring that all Americans have access to a
quality education. It is crucial that we bring these programs up to
their full funding levels before adding new spending programs.
This motion establishes better funding priorities than the underlying
bill. Funding special education and Pell Grants for the higher
education of individuals in this country should be the
[[Page H781]]
number one priority of the education programs for this body.
Currently, IDEA, our special education program, is only being funded
at 17 percent of the added cost of educating individuals with
disabilities. The Federal Government has been authorized to fund up to
40 percent of the total cost of special education in our States.
The fiscal year 2009 budget request is for $11.28 billion. This
represents 17 percent of the added cost of special education. To fund
IDEA to the level the Federal Government has promised, this request
needs to be, should be, $26.55 billion. This creates a funding
shortfall of over $15 billion for IDEA.
Pell Grants are authorized to be $9,000, the maximum award, under
this legislation. However, the current level is less than half of that,
the discretionary maximum of $4,241. Including mandatory spending in
the maximum Pell Grant, it is still only $4,371, which is only 49
percent of the authorized level.
Now, as a nation, Madam Speaker, we pride ourselves on our education
system. How can we be proud of a piece of legislation that funds our
longstanding key educational programs at only 42.5 percent of the
authorized level? It doesn't sound like something to be proud of. How
can we be proud of a piece of legislation without this motion to
recommit that doesn't set the right funding priorities for our Nation?
Members on both sides of the aisle know that one of the heartfelt
items that I have worked on in my years in this body has been fully
funding our special education programs. We have worked on it together.
We have sometimes had success, and sometimes we haven't had the success
that we would have liked. But together, today, we have an opportunity
to fully fund IDEA and to fully fund the Pell Grant program, these two
programs which are so instrumental in helping give young people in our
country the educational opportunities that they so desperately need and
deserve.
Let's fully fund the Pell Grant program. Let's fully fund IDEA to
keep our commitment to our special needs students. Let's vote ``yes''
on the motion to recommit.
Madam Speaker, I yield back the balance of my time.
{time} 1745
Mr. GEORGE MILLER of California. Madam Speaker, I rise in opposition
to the motion to recommit.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
Mr. GEORGE MILLER of California. Madam Speaker, one of the great
coalitions we have in the Congress of the United States, supported by
every school board, every teacher organization, every educational group
in the country was to fully fund IDEA. It was bipartisan; letters went
down with 200, 300, 350, 375 Members of Congress saying fully fund
IDEA.
We got pounded on our side when we weren't in control of the
Congress; that's the way it was. Everybody was for it, right up until
the moment that they took control of the Congress of the United States,
because in No Child Left Behind, when we asked to fully fund IDEA, the
now-minority leader of the Republicans pulled the plug, and that great
bipartisan coalition hasn't been heard of since.
I would be embarrassed too. I would try to struggle to come back
because you disappointed the American public. You certainly
disappointed the families of these children, and you certainly
disappointed these children and those who struggle to give them an
education every day. So now as they struggle to come back, what are
they going to do?
They are going to say unless you fund IDEA, you can't spend any money
on higher education under this bill. Folks, that's all money in higher
education under this bill, which is under this bill. So you won't be
able to provide loan forgiveness for firefighters and policemen and
public defenders and prosecutors and nurses. You won't be able to help
veterans reenter the higher education system when they come back with
so many of the injuries that they are coming back from.
We won't be able to give them the assistance that's in this
legislation. For those veterans who lost a family member, this bill
says they are automatically entitled, the children are automatically
entitled to the Pell Grant. Those veterans' families won't get that, a
member of their family paid the supreme price in the defense of this
country. They won't get that.
You are not going to get what we have been working for for so many
years, led by Mr. McKeon, led by Rahm Emanuel, to simplify it so
families can understand the access to the loan program so they can pay
for their kids' education. For the first time in 25 years, we have a
simplified system. But you won't get that; families won't get that.
What about safety on college campuses? We had a moment of silence
here for those students. We had hearings all over Capitol Hill for
those students, but we address campus safety on a bipartisan basis. We
slugged it out, we worked it out, we did it. You won't get that. Those
campuses won't get that kind of assistance.
What about now for the first time a master's program for the
historically black colleges? You won't get that. Because you shirked
your duties year after year after year for over a decade, you have now
decided these are the people that you are going to punish. This is the
tenet of this party on the other side of the aisle.
Announcement By the Speaker Pro Tempore
The SPEAKER pro tempore. The gentleman should address his remarks to
the Chair.
Mr. GEORGE MILLER of California. It is tough to do when I realize the
substance of this amendment. It should be directed to the author of the
amendment and to the party that supports it.
What about Teach for America? Have you talked to the principals in
the school districts that have these magnificent young people who have
come to this system to give us a couple of the best years of their
life? It won't be allowed under this amendment.
Finally, what about the disabled kids that are in college where, for
the first time, in the Higher Education Act, we speak to the needs of
the disabled community that can thrive and do well in colleges but they
need help. You pit them against their brothers and sisters.
Make your choice, ladies and gentlemen. You can vote for the past and
a scandalous record and commitment on education, or you can vote for
the future. How about some change?
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. FERGUSON. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on
the motion to recommit will be followed by 5-minute votes on passage of
the bill, if ordered; and suspending the rules agreeing to House
Resolution 947.
The vote was taken by electronic device, and there were--ayes 194,
noes 216, not voting 19, as follows:
[Roll No. 39]
AYES--194
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carney
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Fallin
Feeney
Ferguson
Flake
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
[[Page H782]]
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
McNerney
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Platts
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOES--216
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Fattah
Filner
Foxx
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
LaHood
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tancredo
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wu
Yarmuth
NOT VOTING--19
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lewis (KY)
Lowey
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Turner
Woolsey
Wynn
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain on this vote.
{time} 1807
Ms. FOXX changed her vote from ``aye'' to ``no.''
Mr. CARNEY changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GEORGE MILLER of California. Madam Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 354,
nays 58, not voting 17, as follows:
[Roll No. 40]
YEAS--354
Abercrombie
Ackerman
Aderholt
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Buyer
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Ferguson
Filner
Forbes
Fossella
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Price (NC)
Pryce (OH)
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--58
Akin
Bachmann
Barrett (SC)
Bartlett (MD)
Barton (TX)
Blackburn
Blunt
Boehner
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell (CA)
Cannon
Cantor
Conaway
Cubin
Culberson
Deal (GA)
Doolittle
Dreier
Duncan
Feeney
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Hensarling
Herger
Hoekstra
Jordan
King (IA)
Kingston
Kline (MN)
Lamborn
Linder
Lungren, Daniel E.
Mack
McHenry
Miller (FL)
Moran (KS)
Musgrave
Myrick
Paul
Pence
Poe
Price (GA)
Putnam
Rohrabacher
Royce
Ryan (WI)
Sali
Sensenbrenner
Shadegg
Tancredo
Weldon (FL)
Westmoreland
[[Page H783]]
NOT VOTING--17
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Woolsey
Wynn
{time} 1817
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________