[Congressional Record Volume 155, Number 95 (Tuesday, June 23, 2009)]
[Senate]
[Pages S6948-S6954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1364. Mr. REID (for Mr. Kennedy (for himself and Mr. Enzi)) 
proposed an amendment to the bill H.R. 1777, to make technical 
corrections to the Higher Education Act of 1965, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. References.
Sec. 3. Effective date.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. General provisions.

                 TITLE II--TEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality enhancement.

                      TITLE III--INSTITUTIONAL AID

Sec. 301. Institutional aid.
Sec. 302. Multiagency study of minority science programs.

                      TITLE IV--STUDENT ASSISTANCE

Sec. 401. Grants to students in attendance at institutions of higher 
              education.
Sec. 402. Federal Family Education Loan Program.
Sec. 403. Federal work-study programs.
Sec. 404. Federal Direct Loan Program.
Sec. 405. Federal Perkins Loans.
Sec. 406. Need analysis.
Sec. 407. General provisions of title IV.
Sec. 408. Program integrity.
Sec. 409. Waiver of master calendar and negotiated rulemaking 
              requirements.

                    TITLE V--DEVELOPING INSTITUTIONS

Sec. 501. Developing institutions.

               TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

Sec. 601. International education programs.

           TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT

Sec. 701. Graduate and postsecondary improvement programs.

                    TITLE VIII--ADDITIONAL PROGRAMS

Sec. 801. Additional programs.
Sec. 802. Amendments to other higher education Acts.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.).

     SEC. 3. EFFECTIVE DATE.

       Except as otherwise provided in this Act, the amendments 
     made by this Act shall take effect as if enacted on the date 
     of enactment of the Higher Education Opportunity Act (Public 
     Law 110-315).

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. GENERAL PROVISIONS.

       (a) Higher Education Opportunity Act.--
       (1) General definition of institution of higher 
     education.--Section 101(b) of the Higher Education 
     Opportunity Act (Public Law 110-315) is amended by striking 
     ``July 1, 2010'' and inserting ``the date of enactment of 
     this Act''.
       (2) Definition of institution of higher education for 
     purposes of title iv programs.--Section 102(e) of the Higher 
     Education Opportunity Act (Public Law 110-315) is amended by 
     striking the period at the end and inserting ``, except that, 
     with respect to foreign nursing schools that were eligible to 
     participate in part B of title IV as of the day before the 
     date of enactment of this Act, the amendments made by 
     subsection (a)(1)(D) shall take effect on July 1, 2012.''.
       (b) Higher Education Act of 1965.--Title I (20 U.S.C. 1001 
     et seq.) is amended--
       (1) in section 102(a)(2)(D) (20 U.S.C. 1002(a)(2)(D)), by 
     striking ``under part B'' and inserting ``under part B of 
     title IV'';
       (2) in section 111(b) (20 U.S.C. 1011(b)), by striking 
     ``With'' and inserting ``with'';
       (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. 
     1015(a)(3)(A)(iii)(I)), by striking ``section 
     428(a)(2)(C)(i)'' and inserting ``section 428(a)(2)(C)(ii)'';
       (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), by 
     striking ``(Family Educational Rights and Privacy Act of 
     1974)'' and inserting ``(commonly known as the `Family 
     Educational Rights and Privacy Act of 1974')'';
       (5) in section 141 (20 U.S.C. 1018)--
       (A) in the matter preceding subparagraph (A) of subsection 
     (c)(3), by striking ``under this title'' and inserting 
     ``under title IV''; and
       (B) in subsection (d)(3), by striking ``appropriate 
     committees of Congress'' and inserting ``authorizing 
     committees'';
       (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 
     1019b(a)(1)(B)(iii)(V)), by striking ``borrowers who take out 
     loans under'' each place the term appears and inserting 
     ``borrowers of loans made under''; and
       (7) in section 155(a) (20 U.S.C. 1019d(a)), by striking 
     paragraph (4) and inserting the following:
       ``(4) include a place to provide information on--
       ``(A) the applicant's cost of attendance at the institution 
     of higher education, as determined by the institution under 
     part F of title IV;
       ``(B) the applicant's estimated financial assistance, 
     including amounts of financial assistance used to replace the 
     expected family contribution, as determined by the 
     institution, in accordance with title IV, for students who 
     have completed the Free Application for Federal Student Aid; 
     and
       ``(C) the difference between the amounts under 
     subparagraphs (A) and (B), as applicable; and''.

                 TITLE II--TEACHER QUALITY ENHANCEMENT

     SEC. 201. TEACHER QUALITY ENHANCEMENT.

       Title II (20 U.S.C. 1021 et seq.) is amended--
       (1) in section 200(22) (20 U.S.C. 1021(22)), by striking 
     subparagraph (D) and inserting the following:
       ``(D) prior to completion of the program--
       ``(i) attains full State certification or licensure and 
     becomes highly qualified; and
       ``(ii) acquires a master's degree not later than 18 months 
     after beginning the program.'';
       (2) in section 202 (20 U.S.C. 1022a)--
       (A) in subsection (b)(6)(E)(ii), by striking ``section 
     1111(b)(2)'' and inserting ``section 1111(b)(1)'';
       (B) in subsection (c)(1), by striking ``pre-
     baccalaureate'';
       (C) in subsection (d)--
       (i) in the heading, by striking ``Pre-Baccalaureate'' and 
     inserting ``the''; and
       (ii) in the matter preceding paragraph (1), by striking 
     ``An eligible partnership that receives a grant to carry out 
     an effective program for the pre-baccalaureate preparation of 
     teachers shall carry out a program that includes all of the 
     following:'' and inserting ``An eligible partnership that 
     receives a grant to carry out a program for the preparation 
     of teachers shall carry out an effective pre-baccalaureate 
     teacher preparation program or a 5th year initial licensing 
     program that includes all of the following:'';
       (D) in subsection (e)(2)--
       (i) in subparagraph (A)(ii), by striking ``to earn'' and 
     inserting ``leading to''; and
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``one-year'' before 
     ``teaching residency program''; and
       (II) in clause (iii)(I), by striking ``one-year''; and

       (E) in subsection (i)(3), by striking ``consent of'' and 
     inserting ``consent to''; and
       (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), by 
     striking ``serve graduate'' and inserting ``assist in the 
     graduation of''.

                      TITLE III--INSTITUTIONAL AID

     SEC. 301. INSTITUTIONAL AID.

       Title III (20 U.S.C. 1051 et seq.) is amended--

[[Page S6949]]

       (1) in section 316 (20 U.S.C. 1059c)--
       (A) in subsection (a), by striking ``Indian Tribal'' and 
     inserting ``Tribal''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``the Tribally Controlled 
     College or University Assistance Act of 1978'' and inserting 
     ``the Tribally Controlled Colleges and Universities 
     Assistance Act of 1978'';
       (ii) in paragraph (2), by striking ``the Tribally 
     Controlled College or University Assistance Act of 1978'' and 
     inserting ``the Tribally Controlled Colleges and Universities 
     Assistance Act of 1978''; and
       (iii) in paragraph (3)(A), by striking ``the Navajo 
     Community College Assistance Act of 1978'' and inserting 
     ``the Navajo Community College Act'';
       (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), by 
     striking subparagraph (F) and inserting the following:
       ``(F) is not receiving assistance under--
       ``(i) part B;
       ``(ii) part A of title V; or
       ``(iii) an annual authorization of appropriations under the 
     Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).'';
       (3) in section 323(a) (20 U.S.C. 1062(a)), in the matter 
     preceding paragraph (1), by striking ``in any fiscal year'' 
     and inserting ``for any fiscal year,'';
       (4) in section 324(d) (20 U.S.C. 1063(d))--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``Notwithstanding subsections (a)'' and 
     inserting ``(1) Notwithstanding subsections (a)''; and
       (C) by adding at the end the following:
       ``(2) If the amount appropriated pursuant to section 
     399(a)(2)(A) for any fiscal year is not sufficient to pay the 
     minimum allotment required by paragraph (1) to all part B 
     institutions, the amount of such minimum allotments shall be 
     ratably reduced. If additional sums become available for such 
     fiscal year, such reduced allocations shall be increased on 
     the same basis as the basis on which they were reduced (until 
     the amount allotted equals the minimum allotment required by 
     paragraph (1)).'';
       (5) in section 351(a) (20 U.S.C. 1067a(a))--
       (A) by striking ``section 304(a)(1)'' and inserting 
     ``section 303(a)(1)''; and
       (B) by striking ``of 1979'';
       (6) in section 355(a) (20 U.S.C. 1067e(a)), by striking 
     ``302'' and inserting ``312'';
       (7) in section 371(c) (20 U.S.C. 1067q(c))--
       (A) in paragraph (3)(D), by striking ``402A(g)'' and 
     inserting ``402A(h)'';
       (B) in paragraph (4), by striking ``402A(g)'' and inserting 
     ``402A(h)''; and
       (C) in paragraph (9)--
       (i) in subparagraph (C)(iii), by striking ``402A(g)'' and 
     inserting ``402A(h)''; and
       (ii) by amending subparagraph (F) to read as follows:
       ``(F) is not receiving assistance under--
       ``(i) part B;
       ``(ii) part A of title V; or
       ``(iii) an annual authorization of appropriations under the 
     Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).''; and
       (8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), by 
     striking ``College or University'' and inserting ``Colleges 
     and Universities''.

     SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE PROGRAMS.

       Section 1024 (20 U.S.C. 1067d) is repealed.

                      TITLE IV--STUDENT ASSISTANCE

     SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF 
                   HIGHER EDUCATION.

       (a) Amendments.--Part A of title IV (20 U.S.C. 1070 et 
     seq.) is amended--
       (1) in section 400(b) (20 U.S.C. 1070(b)), by striking ``1 
     through 8'' and inserting ``1 through 9'';
       (2) in section 401 (20 U.S.C. 1070a)--
       (A) in the second sentence of subsection (a)(1), by 
     striking ``manner,,'' and inserting ``manner,'';
       (B) in subsection (b)(1), by striking ``section 401'' and 
     inserting ``this section''; and
       (C) in subsection (b)(9)(A)--
       (i) in clause (vi), by striking ``$105,000,000'' and 
     inserting ``$258,000,000''; and
       (ii) in clause (viii), by striking ``$4,400,000,000'' and 
     inserting ``$4,452,000,000'';
       (3) by striking paragraph (4) of section 401(f) (20 U.S.C. 
     1070a(f)), as added by section 401(c) of the Higher Education 
     Opportunity Act (Public Law 110-315);
       (4) in section 402A (20 U.S.C. 1070a-11)--
       (A) in subsection (b)(1), by striking ``organizations 
     including'' and inserting ``organizations, including''; and
       (B) in subsection (c)(8)(C)(iv)(I), by inserting ``to be'' 
     after ``determined'';
       (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a-15(d)(2)(C)), 
     by striking ``320.'' and inserting ``320'';
       (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c-
     3a(b)(1)(B))--
       (A) in clause (i), by striking ``If a'' and inserting 
     ``Except as provided in clause (ii), if a'';
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) (as amended by 
     subparagraph (A)) the following:
       ``(ii) Special continuation and transition rule.--If a 
     State that applied for and received an allotment under this 
     section for fiscal year 2010 pursuant to subsection (j) meets 
     the specifications established in the State's application 
     under subsection (c) for fiscal year 2011, then the Secretary 
     shall make an allotment to such State for fiscal year 2011 
     that is not less than the allotment made pursuant to 
     subsection (j) to such State for fiscal year 2010 under this 
     section (as this section was in effect on the day before the 
     date of enactment of the Higher Education Opportunity Act 
     (Public Law 110-315)).'';
       (7) in section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)), by 
     inserting ``and'' after the semicolon at the end;
       (8) in section 419D(d) (20 U.S.C. 1070d-34(d)), by striking 
     ``1134'' and inserting ``134''; and
       (9) by adding at the end the following:

          ``Subpart 10--Scholarships for Veteran's Dependents

     ``SEC. 420R. SCHOLARSHIPS FOR VETERAN'S DEPENDENTS.

       ``(a) Definition of Eligible Veteran's Dependent.--The term 
     `eligible veteran's dependent' means a dependent or an 
     independent student--
       ``(1) whose parent or guardian was a member of the Armed 
     Forces of the United States and died as a result of 
     performing military service in Iraq or Afghanistan after 
     September 11, 2001; and
       ``(2) who, at the time of the parent or guardian's death, 
     was--
       ``(A) less than 24 years of age; or
       ``(B) enrolled at an institution of higher education on a 
     part-time or full-time basis.
       ``(b) Grants.--
       ``(1) In general.--The Secretary shall award a grant to 
     each eligible veteran's dependent to assist in paying the 
     eligible veteran's dependent's cost of attendance at an 
     institution of higher education.
       ``(2) Designation.--Grants made under this section shall be 
     known as `Iraq and Afghanistan Service Grants'.
       ``(c) Prevention of Double Benefits.--No eligible veteran's 
     dependent may receive a grant under both this section and 
     section 401.
       ``(d) Terms and Conditions.--The Secretary shall award 
     grants under this section in the same manner, and with the 
     same terms and conditions, including the length of the period 
     of eligibility, as the Secretary awards Federal Pell Grants 
     under section 401, except that--
       ``(1) the award rules and determination of need applicable 
     to the calculation of Federal Pell Grants, shall not apply to 
     grants made under this section;
       ``(2) the provisions of subsection (a)(3), subsection 
     (b)(1), the matter following subsection (b)(2)(A)(v), 
     subsection (b)(3), and subsection (f), of section 401 shall 
     not apply; and
       ``(3) a grant made under this section to an eligible 
     veteran's dependent for any award year shall equal the 
     maximum Federal Pell Grant available for that award year, 
     except that such a grant under this section--
       ``(A) shall not exceed the cost of attendance of the 
     eligible veteran's dependent for that award year; and
       ``(B) shall be adjusted to reflect the attendance by the 
     eligible veteran's dependent on a less than full-time basis 
     in the same manner as such adjustments are made under section 
     401.
       ``(e) Estimated Financial Assistance.--For purposes of 
     determinations of need under part F, a grant awarded under 
     this section shall not be treated as estimated financial 
     assistance as described in sections 471(3) and 480(j).
       ``(f) Authorization and Appropriations of Funds.--There are 
     authorized to be appropriated, and there are appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     for the Secretary to carry out this section, such sums as may 
     be necessary for fiscal year 2010 and each succeeding fiscal 
     year.''.
       (b) Effective Date.--The amendment made by subsection 
     (a)(9) shall take effect on July 1, 2010.
       (c) Higher Education Opportunity Act.--Section 404 of the 
     Higher Education Opportunity Act (Public Law 110-315) is 
     amended by adding at the end the following new subsection:
       ``(i) Effective Date; Transition.--
       ``(1) In general.--The amendments made by subsection (e) 
     shall apply to grants made under chapter 2 of subpart 2 of 
     part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070a-21 et seq.) on or after the date of enactment of 
     this Act, except that a recipient of a grant under such 
     chapter that is made prior to such date may elect to apply 
     the requirements contained in the amendments made by 
     subsection (e) to that grant if the grant recipient informs 
     the Secretary of the election.
       ``(2) Special rule.--A grant recipient may make the 
     election described in paragraph (1) only if the election does 
     not decrease the amount of the scholarship promised to an 
     individual student under the grant.''.

     SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM.

       (a) Amendment to Provision Amended by the College Cost 
     Reduction and Access Act.--
       (1) In general.--Section 428(b)(1)(G)(i) (20 U.S.C. 
     1078(b)(1)(G)(i)), as amended by section 303 of the College 
     Cost Reduction and Access Act (Public Law 110-84), is amended 
     by striking ``or 439(q)''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective as if enacted as part of the amendment in 
     section 303(a) of the College Cost Reduction and Access Act 
     (Public Law 110-84), shall take effect on October 1, 2012, 
     and shall apply with respect to loans made on or after such 
     date.
       (b) Entrance Counseling Functions.--
       (1) Guaranty agencies.--Section 428(b)(3) (20 U.S.C. 
     1078(b)(3)) is amended--
       (A) in subparagraph (C), by inserting ``or 485(l)'' after 
     ``section 485(b)''; and

[[Page S6950]]

       (B) in subparagraph (D), by inserting ``or 485(l)'' after 
     ``section 485(b)''.
       (2) Eligible lenders.--Section 435(d)(5) (20 U.S.C. 
     1085(d)(5)) is amended--
       (A) in subparagraph (E), by inserting ``or 485(l)'' after 
     ``section 485(b)''; and
       (B) in subparagraph (F), by inserting ``or 485(l)'' after 
     ``section 485(b)''.
       (c) Amendment to Provision Amended by the Higher Education 
     Opportunity Act.--
       (1) In general.--Section 428C(c)(3)(A) (20 U.S.C. 1078-
     3(c)(3)(A)), as amended by section 425 of the Higher 
     Education Opportunity Act (Public Law 110-315), is amended by 
     striking ``section 493C'' and inserting ``section 493C,''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective as if enacted as part of the amendments in 
     section 425(d)(1) of the Higher Education Opportunity Act 
     (Public Law 110-315), and shall take effect on July 1, 2009.
       (d) Rehabilitation of Student Loans.--
       (1) Section 428F (20 U.S.C. 1078-6) is amended--
       (A) in subsection (a)--
       (i) by amending paragraph (1) to read as follows:
       ``(1) Sale or assignment of loan.--
       ``(A) In general.--Each guaranty agency, upon securing 9 
     payments made within 20 days of the due date during 10 
     consecutive months of amounts owed on a loan for which the 
     Secretary has made a payment under paragraph (1) of section 
     428(c), shall--
       ``(i) if practicable, sell the loan to an eligible lender; 
     or
       ``(ii) on or before September 30, 2011, assign the loan to 
     the Secretary if--

       ``(I) the Secretary has determined that market conditions 
     unduly limit a guaranty agency's ability to sell loans under 
     clause (i); and
       ``(II) the guaranty agency has been unable to sell loans 
     under clause (i).

       ``(B) Monthly payments.--Neither the guaranty agency nor 
     the Secretary shall demand from a borrower as monthly payment 
     amounts described in subparagraph (A) more than is reasonable 
     and affordable based on the borrower's total financial 
     circumstances.
       ``(C) Consumer reporting agencies.--Upon the sale or 
     assignment of the loan, the Secretary, guaranty agency or 
     other holder of the loan shall request any consumer reporting 
     agency to which the Secretary, guaranty agency or holder, as 
     applicable, reported the default of the loan, to remove the 
     record of the default from the borrower's credit history.
       ``(D) Duties upon sale.--With respect to a loan sold under 
     subparagraph (A)(i)--
       ``(i) the guaranty agency--

       ``(I) shall repay the Secretary 81.5 percent of the amount 
     of the principal balance outstanding at the time of such 
     sale, multiplied by the reinsurance percentage in effect when 
     payment under the guaranty agreement was made with respect to 
     the loan; and
       ``(II) may, in order to defray collection costs--

       ``(aa) charge to the borrower an amount not to exceed 18.5 
     percent of the outstanding principal and interest at the time 
     of the loan sale; and
       ``(bb) retain such amount from the proceeds of the loan 
     sale; and
       ``(ii) the Secretary shall reinstate the Secretary's 
     obligation to--

       ``(I) reimburse the guaranty agency for the amount that the 
     agency may, in the future, expend to discharge the guaranty 
     agency's insurance obligation; and
       ``(II) pay to the holder of such loan a special allowance 
     pursuant to section 438.

       ``(E) Duties upon assignment.--With respect to a loan 
     assigned under subparagraph (A)(ii)--
       ``(i) the guaranty agency shall add to the principal and 
     interest outstanding at the time of the assignment of such 
     loan an amount equal to the amount described in subparagraph 
     (D)(i)(II)(aa); and
       ``(ii) the Secretary shall pay the guaranty agency, for 
     deposit in the agency's Operating Fund established pursuant 
     to section 422B, an amount equal to the amount added to the 
     principal and interest outstanding at the time of the 
     assignment in accordance with clause (i).
       ``(E) Eligible lender limitation.--A loan shall not be sold 
     to an eligible lender under subparagraph (A)(i) if such 
     lender has been found by the guaranty agency or the Secretary 
     to have substantially failed to exercise the due diligence 
     required of lenders under this part.
       ``(F) Default due to error.--A loan that does not meet the 
     requirements of subparagraph (A) may also be eligible for 
     sale or assignment under this paragraph upon a determination 
     that the loan was in default due to clerical or data 
     processing error and would not, in the absence of such error, 
     be in a delinquent status.'';
       (ii) in paragraph (2)--

       (I) by striking ``paragraph (1) of this subsection'' and 
     inserting ``paragraph (1)(A)(i)''; and
       (II) by striking ``paragraph (1)(B)(ii) of this 
     subsection'' and inserting ``paragraph (1)(D)(ii)(I)'';

       (iii) in paragraph (3)--

       (I) by striking ``sold under paragraph (2)'' and inserting 
     ``sold or assigned under paragraph (1)(A)''; and
       (II) by striking ``sale.'' and inserting ``sale or 
     assignment.'';

       (iv) in paragraph (4), by striking ``which is sold under 
     paragraph (1) of this subsection'' and inserting ``that is 
     sold or assigned under paragraph (1)''; and
       (v) in paragraph (5), by inserting ``(whether by loan sale 
     or assignment)'' after ``rehabilitating a loan''; and
       (B) in subsection (b), in the first sentence, by inserting 
     ``or assigned to the Secretary'' after ``sold to an eligible 
     lender''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall be effective on the date of enactment of this Act, and 
     shall apply to any loan on which monthly payments described 
     in section 428F(a)(1)(A) were paid before, on, or after such 
     date of enactment.
       (e) Repayment in Full for Death and Disability.--
       (1) In general.--Section 437(a)(1) (20 U.S.C. 1087(a)(1)), 
     as amended by section 437 of the Higher Education Opportunity 
     Act (Public Law 110-315), is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Secretary),, or if'' and inserting ``Secretary), or if''; 
     and
       (B) in subparagraph (B), by inserting ``the reinstatement 
     and resumption to be'' after ``determines''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall be effective as if enacted as part of the amendments in 
     section 437(a) of the Higher Education Opportunity Act 
     (Public Law 110-315), and shall take effect on July 1, 2010.
       (f) Other Amendments.--Part B of title IV (20 U.S.C. 1071 
     et seq.) is further amended--
       (1) in section 428 (20 U.S.C. 1078)--
       (A) in subsection (a)(2)(A)(i)(II), by striking ``and'' 
     after the semicolon at the end;
       (B) in subsection (b)--
       (i) in the matter following subclause (II) of paragraph 
     (1)(M)(i), by inserting ``section'' before ``428B'';
       (ii) in paragraph (3)(A)(i), by striking ``any institution 
     of higher education or the employees of an institution of 
     higher education'' and inserting ``any institution of higher 
     education, any employee of an institution of higher 
     education, or any individual or entity'';
       (iii) in paragraph (4), by striking ``For the purpose of 
     paragraph (1)(M)(i)(III) of this subsection,'' and inserting 
     ``With respect to the graduate fellowship program referred to 
     in paragraph (1)(M)(i)(II),''; and
       (iv) in paragraph (7)--

       (I) in subparagraph (B), by striking ``clause (i) or (ii) 
     of''; and
       (II) in subparagraph (D), by striking ``subparagraph 
     (A)(i)'' and inserting ``subparagraph (A)''; and

       (C) in subsection (c)(9)(K), by striking ``3 months'' and 
     inserting ``6 months'';
       (2) in section 428B(e) (20 U.S.C. 1078-2(e))--
       (A) in paragraph (3)(B), by striking ``subsection 
     (c)(5)(B)'' and inserting ``subsection (d)(5)(B)''; and
       (B) by repealing paragraph (5);
       (3) in section 428C (20 U.S.C. 1078-3)--
       (A) in subsection (a)(4)(E), by striking ``subpart II of 
     part B'' and inserting ``part E'';
       (B) in the matter preceding clause (i) of subsection 
     (c)(2)(A)--
       (i) by striking ``subsection (b)(2)(F)'' and inserting 
     ``subsection (b)(2)''; and
       (ii) by inserting a comma after ``graduated'';
       (C) in subsection (d)(3)(D), by striking ``loan insurance 
     fund'' and inserting ``loan insurance account''; and
       (D) in subsection (f)(3), by striking ``subsection (a)'' 
     and inserting ``this subsection'';
       (4) in section 428G(c) (20 U.S.C. 1078-7(c))--
       (A) in paragraph (1), by striking ``section 
     428(a)(2)(A)(i)(III)'' and inserting ``section 
     428(a)(2)(A)(i)(II)''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) notwithstanding subsection (a)(2), may, with the 
     permission of the borrower, be disbursed by the lender on a 
     weekly or monthly basis, provided that the proceeds of the 
     loan are disbursed by the lender in substantially equal 
     weekly or monthly installments, as the case may be, over the 
     period of enrollment for which the loan is made.'';
       (5) in section 428H (20 U.S.C. 1078-8)--
       (A) in subsection (d), by amending the text of the header 
     of paragraph (2) to read as follows: ``Limits for graduate, 
     professional, and independent postbaccalaureate students''; 
     and
       (B) in subsection (e), by amending paragraph (6) to read as 
     follows:
       ``(6) Repayment period.--For purposes of calculating the 
     repayment period under section 428(b)(9), such period shall 
     commence at the time the first payment of principal is due 
     from the borrower.'';
       (6) in section 428J (20 U.S.C. 1078-10)--
       (A) in subsection (c)(1), by adding at the end the 
     following: ``No borrower may receive a reduction of loan 
     obligations under both this section and section 460.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (B), by inserting ``or'' after the 
     semicolon at the end;
       (ii) by striking subparagraph (C);
       (iii) by redesignating subparagraph (D) as subparagraph 
     (C); and
       (iv) in subparagraph (C), as redesignated by clause (iii), 
     by striking ``12571'' and inserting ``12601'';
       (7) in section 428K(g)(9)(B) (20 U.S.C. 1078-11(g)(9)(B)), 
     by striking ``under subsection (ll)(3) of such section (42 
     U.S.C. 1395x(ll)(3))'' and inserting ``under subsection 
     (ll)(4) of such section (42 U.S.C. 1395x(ll)(4))'';
       (8) in section 430A(f) (20 U.S.C. 1080a(f))--
       (A) by striking ``and (6)'' and inserting ``and (5)''; and
       (B) by striking ``(a)(6)'' and inserting ``(a)(5)'';
       (9) in section 432 (20 U.S.C. 1082)--

[[Page S6951]]

       (A) in subsection (b), by striking ``section 1078 of this 
     title'' and inserting ``section 428''; and
       (B) in subsection (m)(1)(B)--
       (i) in clause (i), by inserting ``and'' after the semicolon 
     at the end; and
       (ii) in clause (ii), by striking ``; and'' and inserting a 
     period;
       (10) in section 435 (20 U.S.C. 1085)--
       (A) in subsection (a)(2)(C)(ii), by striking ``a tribally 
     controlled community college within the meaning of section 
     2(a)(4) of the Tribally Controlled Community College 
     Assistance Act of 1978'' and inserting ``a tribally 
     controlled college or university, as defined in section 
     2(a)(4) of the Tribally Controlled Colleges and Universities 
     Assistance Act of 1978'';
       (B) in subsection (d)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)(ii)(III), by striking ``section 
     501(1) of such Code'' and inserting ``section 501(a) of such 
     Code''; and
       (II) in subparagraph (G), by striking ``sections 428A(d), 
     428B(d), and 428C,'' and inserting ``sections 428B(d) and 
     428C,'';

       (ii) in paragraph (2)(A)(vi), by striking ``section 
     435(m)'' and inserting ``subsection (m)'';
       (iii) in paragraph (3), by striking ``section 435(m)'' and 
     inserting ``subsection (m)''; and
       (iv) in paragraph (5)(A), by striking ``to any institution 
     of higher education or any employee of an institution of 
     higher education in order to secure applicants for loans 
     under this part'' and inserting ``to any institution of 
     higher education, any employee of an institution of higher 
     education, or any individual or entity in order to secure 
     applicants for loans under this part'';
       (C) in subsection (o)(1)(A)(ii), by striking ``Service'' 
     and inserting ``Services''; and
       (D) in subsection (p)(1), by striking ``section 771'' and 
     inserting ``section 781''; and
       (11) in section 438(b)(2) (20 U.S.C. 1087-1(b)(2))--
       (A) in the second sentence of subparagraph (A), by striking 
     ``427A(f)'' and inserting ``427A(i)'';
       (B) in the first sentence of subparagraph (B)(i), by 
     striking ``1954'' and inserting ``1986''; and
       (C) in the second sentence of subparagraph (F), by striking 
     ``427A(f)'' and inserting ``427A(i)''.

     SEC. 403. FEDERAL WORK-STUDY PROGRAMS.

       Section 443 (42 U.S.C. 2753) is amended--
       (1) in subsection (b)(2), by striking ``section 443'' and 
     inserting ``this section'';
       (2) in subsection (d)(1), by striking ``subsection 
     (b)(2)(B)'' and inserting ``subsection (b)(2)(A)''; and
       (3) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by striking ``in accordance with such 
     subsection''.

     SEC. 404. FEDERAL DIRECT LOAN PROGRAM.

       (a) Temporary Authority to Purchase Loans.--Section 459A 
     (20 U.S.C. 1087i-1) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``purchase of loans under this section'' and 
     inserting ``purchase of loans under paragraph (1)''; and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Temporary authority to purchase rehabilitated 
     loans.--
       ``(A) Authority.--In addition to the authority described in 
     paragraph (1), the Secretary, in consultation with the 
     Secretary of the Treasury, is authorized to purchase, or 
     enter into forward commitments to purchase, from any eligible 
     lender (as defined in section 435(d)(1)), loans that such 
     lender purchased under section 428F on or after October 1, 
     2003, and before July 1, 2010, and that are not in default, 
     on such terms as the Secretary, the Secretary of the 
     Treasury, and the Director of the Office of Management and 
     Budget jointly determine are in the best interest of the 
     United States, except that any purchase under this paragraph 
     shall not result in any net cost to the Federal Government 
     (including the cost of servicing the loans purchased), as 
     determined jointly by the Secretary, the Secretary of the 
     Treasury, and the Director of the Office of Management and 
     Budget.
       ``(B) Federal register notice.--The Secretary, the 
     Secretary of the Treasury, and the Director of the Office of 
     Management and Budget shall jointly publish a notice in the 
     Federal Register prior to any purchase of loans under this 
     paragraph that--
       ``(i) establishes the terms and conditions governing the 
     purchases authorized by this paragraph;
       ``(ii) includes an outline of the methodology and factors 
     that the Secretary, the Secretary of the Treasury, and the 
     Director of the Office of Management and Budget will jointly 
     consider in evaluating the price at which to purchase loans 
     rehabilitated pursuant to section 428F(a); and
       ``(iii) describes how the use of such methodology and 
     consideration of such factors used to determine purchase 
     price will ensure that loan purchases do not result in any 
     net cost to the Federal Government (including the cost of 
     servicing the loans purchased).''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Proceeds.--The Secretary shall require, as a 
     condition of any purchase under subsection (a), that the 
     funds paid by the Secretary to any eligible lender under this 
     section be used--
       ``(1) to ensure continued participation of such lender in 
     the Federal student loan programs authorized under part B of 
     this title; and
       ``(2)(A) in the case of loans purchased pursuant to 
     subsection (a)(1), to originate new Federal loans to 
     students, as authorized under part B of this title; or
       ``(B) in the case of loans purchased pursuant to subsection 
     (a)(3), to originate such new Federal loans to students, or 
     to purchase loans in accordance with section 428F(a).''.
       (b) Other Amendments.--Part D of title IV (20 U.S.C. 1087a 
     et seq.) is amended--
       (1) by repealing paragraph (3) of section 453(c) (20 U.S.C. 
     1087c(c));
       (2) in section 455 (20 U.S.C. 1087e)--
       (A) in subsection (d)(1)(C), by striking 
     ``428(b)(9)(A)(v)'' and inserting ``428(b)(9)(A)(iv)'';
       (B) in subsection (h), by striking ``(except as authorized 
     under section 457(a)(1))''; and
       (C) in subsection (k)(1)(B), by striking ``, or in a notice 
     under section 457(a)(1),'';
       (3) by repealing section 457 (20 U.S.C. 1087g); and
       (4) in section 460 (20 U.S.C. 1087j)--
       (A) in subsection (c)(1), by adding at the end the 
     following: ``No borrower may receive a reduction of loan 
     obligations under both this section and section 428J.''; and
       (B) in subsection (g)(2)--
       (i) by striking subparagraph (A);
       (ii) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (A) through (C), respectively; and
       (iii) in subparagraph (C), as redesignated by clause (ii), 
     by striking ``12571'' and inserting ``12601''.

     SEC. 405. FEDERAL PERKINS LOANS.

       Part E of title IV (20 U.S.C. 1087aa et seq.) is amended--
       (1) in section 462(a)(1) (20 U.S.C. 1087bb(a)(1)), by 
     striking subparagraph (A) and inserting the following:
       ``(A) 100 percent of the amount received under subsections 
     (a) and (b) of this section for fiscal year 1999 (as such 
     subsections were in effect with respect to allocations for 
     such fiscal year), multiplied by'';
       (2) in section 463(c) (20 U.S.C. 1087cc(c))--
       (A) in paragraph (2)--
       (i) by moving the margins of subparagraph (A) 2 ems to the 
     left; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) information concerning the repayment and collection 
     of any such loan, including information concerning the status 
     of such loan; and''; and
       (B) in paragraph (3)--
       (i) by striking ``and (6)'' and inserting ``and (5)''; and
       (ii) by striking ``(a)(6)'' and inserting ``(a)(5)'';
       (3) in the first sentence of the matter preceding paragraph 
     (1) of section 463A(a) (20 U.S.C. 1087cc-1(a)), by striking 
     ``, in order to carry out the provisions of section 
     463(a)(8),'';
       (4) in section 464 (20 U.S.C. 1087dd)--
       (A) in subsection (c)--
       (i) in paragraph (1)(D)--

       (I) by striking ``(I)'' and inserting ``(i)''; and
       (II) by striking ``(II)'' and inserting ``(ii)''; and

       (ii) in paragraph (2)(A)(iii)--

       (I) by aligning the margin of the matter preceding 
     subclause (I) with the margins of clause (ii);
       (II) by aligning the margins of subclauses (I) and (II) 
     with the margins of clause (i)(I); and
       (III) by aligning the margins of the matter following 
     subclause (II) with the margins of the matter following 
     subclause (II) of clause (i); and

       (B) in subsection (g)(5), by striking ``credit bureaus'' 
     and inserting ``consumer reporting agencies'';
       (5) in section 465(a)(6) (20 U.S.C. 1087ee(a)(6)), by 
     striking ``12571'' and inserting ``12601'';
       (6) in section 467(b) (20 U.S.C. 1087gg(b)), by striking 
     ``paragraph (5)(A), (5)(B)(i), or (6)'' and inserting 
     ``paragraph (4) or (5)''; and
       (7) in section 469(c) (20 U.S.C. 1087ii(c)), by striking 
     ``and the term'' and all that follows through the period at 
     the end and inserting ``and the term `early intervention 
     services' has the meaning given the term in section 632 of 
     such Act.''.

     SEC. 406. NEED ANALYSIS.

       (a) Amendments.--Part F of title IV (20 U.S.C. 1087kk et 
     seq.) is amended--
       (1) in section 473 (20 U.S.C. 1087mm)--
       (A) by striking ``For the purpose of this title, except 
     subpart 2 of part A,'' and inserting ``(a) In General.--For 
     the purpose of this title, other than subpart 2 of part A, 
     and except as provided in subsection (b),''; and
       (B) by adding at the end the following:
       ``(b) Special Rule.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title, the family contribution of each student described 
     in paragraph (2) shall be deemed to be zero for the academic 
     year for which the determination is made.
       ``(2) Applicability.--Paragraph (1) shall apply to any 
     dependent or independent student with respect to 
     determinations of need for academic year 2009-2010 and 
     succeeding academic years--
       ``(A) who is eligible to receive a Federal Pell Grant for 
     the academic year for which the determination is made;
       ``(B) whose parent or guardian was a member of the Armed 
     Forces of the United States

[[Page S6952]]

     and died as a result of performing military service in Iraq 
     or Afghanistan after September 11, 2001; and
       ``(C) who, at the time of the parent or guardian's death, 
     was--
       ``(i) less than 24 years of age; or
       ``(ii) enrolled at an institution of higher education on a 
     part-time or full-time basis.
       ``(3) Information.--Notwithstanding any other provision of 
     law, the Secretary of Veterans Affairs and the Secretary of 
     Defense, as appropriate, shall provide the Secretary of 
     Education with information necessary to determine which 
     students meet the requirements of paragraph (2).'';
       (2) in section 475(c)(5)(B) (20 U.S.C. 1087oo(c)(5)(B)), by 
     inserting ``of 1986'' after ``Code'';
       (3) in section 477(b)(5)(B) (20 U.S.C. 1087qq(b)(5)(B)), by 
     inserting ``of 1986'' after ``Code'';
       (4) in section 479 (20 U.S.C. 1087ss)--
       (A) in subsection (b) (as amended by section 602 of the 
     College Cost Reduction and Access Act (Public Law 110-84))--
       (i) in paragraph (1)(A)(i), by amending subclause (III) to 
     read as follows:

       ``(III) include at least one parent who is a dislocated 
     worker; or''; and

       (ii) in paragraph (1)(B)(i), by amending subclause (III) to 
     read as follows:

       ``(III) is a dislocated worker or has a spouse who is a 
     dislocated worker; or''; and

       (B) in subsection (c) (as amended by such section 602)--
       (i) in paragraph (1)(A), by amending clause (iii) to read 
     as follows:
       ``(iii) include at least one parent who is a dislocated 
     worker; or''; and
       (ii) in paragraph (2)(A), by amending clause (iii) to read 
     as follows:
       ``(iii) is a dislocated worker or has a spouse who is a 
     dislocated worker; or'';
       (5) in section 479C (20 U.S.C. 1087uu-1)--
       (A) in paragraph (1), by striking ``under'' and all that 
     follows through ``; and'' and inserting ``under Public Law 
     98-64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known 
     as the `Per Capita Act') or the Indian Tribal Judgment Funds 
     Use or Distribution Act (25 U.S.C. 1401 et seq.); and''; and
       (B) in paragraph (2)--
       (i) by striking ``Alaskan'' and inserting ``Alaska'';
       (ii) by inserting ``(43 U.S.C. 1601 et seq.)'' before ``or 
     the''; and
       (iii) by inserting ``of 1980 (25 U.S.C. 1721 et seq.)'' 
     after ``Maine Indian Claims Settlement Act'';
       (6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), by 
     striking ``12571'' and inserting ``12511'';
       (7) in section 480(c)(2) (20 U.S.C. 1087vv(c)(2))--
       (A) in the matter preceding subparagraph (A), by striking 
     ``the following'' and inserting ``benefits under the 
     following provisions of law''; and
       (B) by striking subparagraphs (A) through (J) and inserting 
     the following:
       ``(A) Chapter 103 of title 10, United States Code (Senior 
     Reserve Officers' Training Corps).
       ``(B) Chapter 106A of title 10, United States Code 
     (Educational Assistance for Persons Enlisting for Active 
     Duty).
       ``(C) Chapter 1606 of title 10, United States Code 
     (Selected Reserve Educational Assistance Program).
       ``(D) Chapter 1607 of title 10, United States Code 
     (Educational Assistance Program for Reserve Component Members 
     Supporting Contingency Operations and Certain Other 
     Operations).
       ``(E) Chapter 30 of title 38, United States Code (All-
     Volunteer Force Educational Assistance Program, also known as 
     the `Montgomery GI Bill--active duty').
       ``(F) Chapter 31 of title 38, United States Code (Training 
     and Rehabilitation for Veterans with Service-Connected 
     Disabilities).
       ``(G) Chapter 32 of title 38, United States Code (Post-
     Vietnam Era Veterans' Educational Assistance Program).
       ``(H) Chapter 33 of title 38, United States Code (Post-9/11 
     Educational Assistance).
       ``(I) Chapter 35 of title 38, United States Code 
     (Survivors' and Dependents' Educational Assistance Program).
       ``(J) Section 903 of the Department of Defense 
     Authorization Act, 1981 (10 U.S.C. 2141 note) (Educational 
     Assistance Pilot Program).
       ``(K) Section 156(b) of the `Joint Resolution making 
     further continuing appropriations and providing for 
     productive employment for the fiscal year 1983, and for other 
     purposes' (42 U.S.C. 402 note) (Restored Entitlement Program 
     for Survivors, also known as `Quayle benefits').
       ``(L) The provisions of chapter 3 of title 37, United 
     States Code, related to subsistence allowances for members of 
     the Reserve Officers Training Corps.''; and
       (8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), by 
     striking ``12571'' and inserting ``12511''.
       (b) Effective Date.--The amendments made by--
       (1) paragraph (1) of subsection (a) shall take effect on 
     July 1, 2009; and
       (2) paragraph (4) of such subsection shall be effective as 
     if enacted as part of the amendments in section 602(a) of the 
     College Cost Reduction and Access Act (Public Law 110-84), 
     and shall take effect on July 1, 2009.
       (c) Higher Education Opportunity Act.--Section 473(f) of 
     the Higher Education Opportunity Act (Public Law 110-315) is 
     amended by inserting ``, except that the amendments made in 
     subsection (e) shall take effect on July 1, 2009'' before the 
     period at the end.

     SEC. 407. GENERAL PROVISIONS OF TITLE IV.

       (a) Delayed Implementation of EZ FAFSA.--Notwithstanding 
     any other provision of law, the Secretary of Education shall 
     be required to carry out the requirements under the following 
     provisions of section 483 of the Higher Education Act of 1965 
     (20 U.S.C. 1090) only for academic year 2010-2011 and 
     subsequent academic years:
       (1) In subsection (a) of such section--
       (A) subparagraphs (A)(i) and (B) of paragraph (2);
       (B) in paragraph (3)--
       (i) the second sentence of subparagraph (A);
       (ii) clauses (i) and (ii) of subparagraph (B); and
       (iii) subparagraph (C);
       (C) paragraph (4)(A)(iv); and
       (D) paragraph (5)(E).
       (2) Subsection (h) of such section.
       (b) Other Amendments.--Part G of title IV (20 U.S.C. 1088 
     et seq.) is amended--
       (1) in the matter preceding paragraph (1) of section 481(c) 
     (20 U.S.C. 1088(c)), by striking ``or any State, or private, 
     profit or nonprofit organization'' and inserting ``any State, 
     or any private, for-profit or nonprofit organization,'';
       (2) in section 482(b) (20 U.S.C. 1089(b)), by striking 
     ``413D(e), 442(e), or 462(j)'' and inserting ``413D(d), 
     442(d), or 462(i)'';
       (3) in section 483 (20 U.S.C. 1090)--
       (A) in subsection (a)(3)(C), by inserting ``that'' after 
     ``except''; and
       (B) in subsection (e)(8)(A), by striking ``identify'' and 
     inserting ``determine'';
       (4) in section 484 (20 U.S.C. 1091)--
       (A) in the matter preceding subparagraph (A) of subsection 
     (a)(4), by striking ``certification,,'' and inserting 
     ``certification,'';
       (B) in subsection (b)(1)(B)--
       (i) by striking ``have (A)'' and inserting ``have (i)''; 
     and
       (ii) by striking ``and (B)'' and inserting ``and (ii)'';
       (C) in subsection (f)(1), by striking ``part B'' and all 
     that follows through ``part E'' in each place that the phrase 
     occurs and inserting ``part B, part D, or part E'';
       (D) in subsection (h)--
       (i) in paragraph (2), by striking ``(h)(4)(A)(i)'' and 
     inserting ``(g)(4)(A)(i)''; and
       (ii) in paragraph (3), by striking ``(h)(4)(B)(i)'' and 
     inserting ``(g)(4)(B)(i)''; and
       (E) in subsection (n), by striking ``section 1113 of Public 
     Law 97-252'' and inserting ``section 12(f) of the Military 
     Selective Service Act (50 U.S.C. App. 462(f))'';
       (5) in section 485 (20 U.S.C. 1092)--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) the matter preceding subparagraph (A), by striking 
     ``also referred to as the Family Educational Rights and 
     Privacy Act of 1974'' and inserting ``commonly known as the 
     `Family Educational Rights and Privacy Act of 1974' ''; and
       (II) in subparagraph (I), by striking ``handicapped 
     students'' and inserting ``students with disabilities'';

       (ii) in paragraph (4)(B), by inserting ``during which'' 
     after ``time period''; and
       (iii) in the matter preceding subclause (I) of paragraph 
     (7)(B)(iv), by inserting ``education'' after ``higher'';
       (B) in subsection (e)(3)(B), by inserting ``during which'' 
     after ``time period'';
       (C) in subsection (f)--
       (i) in the matter preceding subparagraph (A) of paragraph 
     (1), by inserting ``of'' after ``foreign institution''; and
       (ii) in paragraphs (3), (4)(A), (5), and (8)(A), by 
     striking ``under this title'' each place it appears and 
     inserting ``under this title, other than a foreign 
     institution of higher education,'';
       (D) in subsection (g)(2), by striking ``subparagraph (G)'' 
     and inserting ``paragraph (1)(G)'';
       (E) in subsection (i)--
       (i) in paragraph (2), by striking ``eligible institution 
     participating in any program under this title'' and inserting 
     ``institution described in paragraph (1)'';
       (ii) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``eligible institution participating in any 
     program under this title'' and inserting ``institution 
     described in paragraph (1)''; and
       (iii) in paragraph (5)(B), by striking ``the Family 
     Educational Rights and Privacy Act of 1974'' and inserting 
     ``commonly known as the `Family Educational Rights and 
     Privacy Act of 1974' '';
       (F) in subsection (k)(2), by inserting ``section'' before 
     ``484(r)(1)''; and
       (G) in the matter preceding clause (i) of subsection 
     (l)(1)(A), by striking ``subparagraph (B)'' and inserting 
     ``paragraph (2)'';
       (6) in section 485A (20 U.S.C. 1092a)--
       (A) in subsection (a)--
       (i) by striking ``or defined in subpart I of part C of 
     title VII of the Public Health Service Act'' and inserting 
     ``or an eligible lender as defined in section 719 of the 
     Public Health Service Act (42 U.S.C. 292o)''; and
       (ii) by striking ``under subpart I of part C of title VII 
     of the Public Health Service Act (known as Health Education 
     Assistance Loans)'' and inserting ``under part A of title VII 
     of the Public Health Service Act (42 U.S.C. 292 et seq.)'';
       (B) in subsection (b), by striking ``subpart I of part C of 
     title VII of the Public Health Service Act'' and inserting 
     ``part A of title VII of the Public Health Service Act (42 
     U.S.C. 292 et seq.)'';
       (C) in subsection (e)--
       (i) by striking ``Health Education Assistance Loan'' and 
     inserting ``loan under part A

[[Page S6953]]

     of title VII of the Public Health Service Act (42 U.S.C. 292 
     et seq.)''; and
       (ii) in paragraph (2), by striking ``733(e)(3)'' and 
     inserting ``707(e)(3)''; and
       (D) in subsection (f)--
       (i) in paragraph (1)--

       (I) in the second sentence, by striking ``subpart I of part 
     C of title VII of the Public Health Service Act'' and 
     inserting ``part A of title VII of the Public Health Service 
     Act (42 U.S.C. 292 et seq.)''; and
       (II) in the fourth sentence, by striking ``728(a)'' and 
     inserting ``710''; and

       (ii) in paragraph (2), by striking ``subpart I of part C of 
     title VII of the Public Health Service Act'' and inserting 
     ``part A of title VII of the Public Health Service Act (42 
     U.S.C. 292 et seq.)'';
       (7) in section 485B (20 U.S.C. 1092b)--
       (A) in subsection (a)(5), by striking ``))'' and inserting 
     ``)''; and
       (B) in subsection (d)(3)(D), by striking ``the Family 
     Educational Rights and Privacy Act of 1974'' and inserting 
     ``commonly known as the `Family Educational Rights and 
     Privacy Act of 1974' '';
       (8) in section 487 (20 U.S.C. 1094)--
       (A) in subsection (a)(23)(A), by inserting ``of 1993'' 
     after ``Registration Act'';
       (B) in subsection (c)(1)--
       (i) in subparagraph (A)(i), by striking ``students 
     receives'' and inserting ``students receive'';
       (ii) in subparagraph (F), by striking ``paragraph (2)(B)'' 
     and inserting ``paragraph (3)(B)''; and
       (iii) in subparagraph (H), by striking ``paragraph (2)(B)'' 
     and inserting ``paragraph (3)(B)'';
       (C) in subsection (f)(1), by striking ``496(c)(4)'' and 
     inserting ``496(c)(3)''; and
       (D) in subsection (g)(1), by striking ``subsection (f)(2)'' 
     and inserting ``subsection (e)(2)'';
       (9) in section 487A(b) (20 U.S.C. 1094a(b))--
       (A) in paragraph (1)--
       (i) by striking ``Any activities'' and inserting ``Any 
     experimental sites''; and
       (ii) by striking ``June 30, 2009'' and inserting ``June 30, 
     2010''; and
       (B) by adding at the end the following:
       ``(4) Determination of success.--For the purposes of 
     paragraph (1), the Secretary shall make a determination of 
     success regarding an institution's participation as an 
     experimental site based on--
       ``(A) the ability of the experimental site to reduce 
     administrative burdens to the institution, as documented in 
     the Secretary's biennial report under paragraph (2), without 
     creating costs for the taxpayer; and
       ``(B) whether the experimental site has improved the 
     delivery of services to, or otherwise benefitted, 
     students.'';
       (10) in section 489(a) (20 U.S.C. 1096(a))--
       (A) in the third sentence, by striking ``has agreed to 
     assign under section 463(a)(6)(B)'' and inserting ``has 
     referred under section 463(a)(4)(B)''; and
       (B) in the fourth sentence, by striking ``484(h)'' and 
     inserting ``484(g)'';
       (11) in section 491(l)(2)(A) (20 U.S.C. 1098(l)(2)(A)), by 
     inserting ``the'' after ``enactment of''; and
       (12) in section 492(a) (20 U.S.C. 1098a(a))--
       (A) in paragraph (1), by striking ``regulations'' and all 
     that follows through ``The'' and inserting ``regulations for 
     this title. The''; and
       (B) in paragraph (2), by striking ``Issues'' and all that 
     follows through ``provide'' and inserting ``Issues.--The 
     Secretary shall provide''.

     SEC. 408. PROGRAM INTEGRITY.

       Part H of title IV (20 U.S.C. 1099a et seq.) is amended--
       (1) in section 496(a)(6)(G) (20 U.S.C. 1099b(a)(6)(G)), by 
     striking the period at the end and inserting a semicolon; and
       (2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), by 
     striking ``for profit'' and inserting ``for-profit''.

     SEC. 409. WAIVER OF MASTER CALENDAR AND NEGOTIATED RULEMAKING 
                   REQUIREMENTS.

       Sections 482 and 492 of the Higher Education Act of 1965 
     (20 U.S.C. 1089, 1098a) shall not apply to the amendments 
     made by this title, or to any regulations promulgated under 
     those amendments.

                    TITLE V--DEVELOPING INSTITUTIONS

     SEC. 501. DEVELOPING INSTITUTIONS.

       Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amended by 
     striking ``which determination'' and inserting ``which the 
     determination''.

               TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

     SEC. 601. INTERNATIONAL EDUCATION PROGRAMS.

       (a) Higher Education Act of 1965.--Title VI (20 U.S.C. 1121 
     et seq.) is amended--
       (1) in section 604(a) (20 U.S.C. 1124(a))--
       (A) in the matter preceding subparagraph (A) of paragraph 
     (2), by inserting ``the'' before ``Federal''; and
       (B) in paragraph (7)(D), by striking ``institution, 
     combination'' and inserting ``applicant, consortium,''; and
       (2) in section 622(a) (20 U.S.C. 1131-1(a)), by inserting a 
     period after ``title''.
       (b) Higher Education Opportunity Act.--The matter preceding 
     paragraph (1) of section 621 of the Higher Education 
     Opportunity Act (Public Law 110-315) is amended by striking 
     ``Section 631 (20 U.S.C. 1132)'' and inserting ``Section 
     631(a) (20 U.S.C. 1132(a))''.

           TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT

     SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS.

       Title VII (20 U.S.C. 1133 et seq.) is amended--
       (1) in the matter preceding paragraph (1) of section 721(d) 
     (20 U.S.C. 1136(d)), by striking ``services through'' and all 
     that follows through ``resource centers'' and inserting 
     ``services through pre-college programs, undergraduate prelaw 
     information resource centers'';
       (2) in section 723(b)(1)(P) (20 U.S.C. 1136a(b)(1)(P)), by 
     striking ``Sate'' and inserting ``State'';
       (3) in section 744(c)(6)(C) (20 U.S.C. 1138c(c)(6)(C)), by 
     inserting ``of the National Academies'' after ``Institute of 
     Medicine'';
       (4) in section 760 (20 U.S.C. 1140), by striking paragraph 
     (1) and inserting the following:
       ``(1) Comprehensive transition and postsecondary program 
     for students with intellectual disabilities.--The term 
     `comprehensive transition and postsecondary program for 
     students with intellectual disabilities' means a degree, 
     certificate, or nondegree program that meets each of the 
     following:
       ``(A) Is offered by an institution of higher education.
       ``(B) Is designed to support students with intellectual 
     disabilities who are seeking to continue academic, career and 
     technical, and independent living instruction at an 
     institution of higher education in order to prepare for 
     gainful employment.
       ``(C) Includes an advising and curriculum structure.
       ``(D) Requires students with intellectual disabilities to 
     participate on not less than a half-time basis as determined 
     by the institution, with such participation focusing on 
     academic components, and occurring through 1 or more of the 
     following activities:
       ``(i) Regular enrollment in credit-bearing courses with 
     nondisabled students offered by the institution.
       ``(ii) Auditing or participating in courses with 
     nondisabled students offered by the institution for which the 
     student does not receive regular academic credit.
       ``(iii) Enrollment in noncredit-bearing, nondegree courses 
     with nondisabled students.
       ``(iv) Participation in internships or work-based training 
     in settings with nondisabled individuals.
       ``(E) Requires students with intellectual disabilities to 
     be socially and academically integrated with non-disabled 
     students to the maximum extent possible.'';
       (5) in section 772 (20 U.S.C. 1140l)--
       (A) in subsection (a)(2)(A), by striking ``with in'' and 
     inserting ``with''; and
       (B) in the matter preceding subclause (I) of subsection 
     (b)(1)(C)(ii), by striking ``subparagraph (C)'' and inserting 
     ``clause (i)'';
       (6) in section 781 (20 U.S.C. 1141)--
       (A) in subsection (c)(1), by striking ``Service'' each 
     place the term appears and inserting ``Services'';
       (B) in the matter preceding paragraph (1) of subsection 
     (e)--
       (i) by striking ``(as defined'' and all that follows 
     through ``this Act)'' and inserting ``(as described in 
     section 435(p))''; and
       (ii) by striking ``435(j)'' and inserting ``428(b)'';
       (C) in subsection (g)(2), by striking ``Service'' and 
     inserting ``Services''; and
       (D) in subsection (i)--
       (i) in paragraph (1)(D), by striking ``consortia'' and 
     inserting ``consortium''; and
       (ii) in paragraph (2)--

       (I) in the paragraph heading, by striking ``consortia'' and 
     inserting ``consortium''; and
       (II) by striking ``consortia'' each place the term appears 
     and inserting ``consortium''.

                    TITLE VIII--ADDITIONAL PROGRAMS

     SEC. 801. ADDITIONAL PROGRAMS.

       Title VIII (20 U.S.C. 1161a et seq.) is amended--
       (1) in section 802(d)(2)(D) (20 U.S.C. 1161b(d)(2)(D)), by 
     striking ``regulation'' and inserting ``regulations'';
       (2) in section 804(d) (20 U.S.C. 1161d(d))--
       (A) in the heading, by striking ``Definition'' and 
     inserting ``Definitions''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Public health service act.--The terms `accredited' 
     and `school of nursing' have the meanings given those terms 
     in section 801 of the Public Health Service Act (42 U.S.C. 
     296).'';
       (3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), by 
     striking ``the Family Education Rights and Privacy Act of 
     1974'' and inserting ``section 444 of the General Education 
     Provisions Act (commonly known as the `Family Educational 
     Rights and Privacy Act of 1974')'';
       (4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), by 
     inserting a period after ``101(a)'';
       (5) in section 820 (20 U.S.C. 1161k)--
       (A) in subsection (d)(5), by inserting ``the'' before 
     ``grant'';
       (B) in subsection (f)(2), by striking ``subpart'' each 
     place the term appears and inserting ``section''; and
       (C) in subsection (h), by striking ``use'' and inserting 
     ``used'';
       (6) in section 821 (20 U.S.C. 1161l)--
       (A) in subsection (a)(1), by striking ``subsection (g)'' 
     and inserting ``subsection (f)''; and
       (B) in subsection (c)(1)(B), by striking ``within'' and 
     inserting ``in'';
       (7) in section 824(f)(3) (20 U.S.C. 1161l-3(f)(3))--

[[Page S6954]]

       (A) in subparagraph (A), by inserting ``a'' after 
     ``submitting''; and
       (B) in subparagraph (C), by striking ``pursing'' and 
     inserting ``pursuing'';
       (8) in section 825(a) (20 U.S.C. 1161l-4(a)), by striking 
     ``the Family Educational Rights and Privacy Act of 1974'' and 
     inserting ``commonly known as the `Family Educational Rights 
     and Privacy Act of 1974' '';
       (9) in section 826(3) (20 U.S.C. 1161l-5(3)), by striking 
     ``the Family Educational Rights and Privacy Act of 1974'' and 
     inserting ``commonly known as the `Family Educational Rights 
     and Privacy Act of 1974' '';
       (10) in section 830(a)(1)(B) (20 U.S.C. 1161m(a)(1)(B)), by 
     striking ``of for'' and inserting ``of'';
       (11) in section 833(e)(1) (20 U.S.C. 1161n-2(e)(1))--
       (A) in the matter preceding subparagraph (A), by striking 
     ``because of'' and inserting ``based on''; and
       (B) in subparagraph (D), by striking ``purposes of this 
     section'' and inserting ``purpose of this part'';
       (12) in section 841(c)(1) (20 U.S.C. 1161o(c)(1)), by 
     striking ``486A(d)'' and inserting ``486A(b)(1)'';
       (13) in section 851(j) (20 U.S.C. 1161p(j)), by inserting 
     ``to be appropriated'' after ``authorized''; and
       (14) in section 894(b)(2) (20 U.S.C. 1161y(b)(2)), by 
     striking ``the Family Educational Rights and Privacy Act of 
     1974'' and inserting ``commonly known as the `Family 
     Educational Rights and Privacy Act of 1974' ''.

     SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION ACTS.

       (a) Higher Education Amendments of 1998.--
       (1) Incarcerated individuals.--Section 821(h) of the Higher 
     Education Amendments of 1998 (20 U.S.C. 1151(h)) is amended 
     to read as follows:
       ``(h) Allocation of Funds.--
       ``(1) Fiscal year 2009.--From the funds appropriated 
     pursuant to subsection (i) for fiscal year 2009, the 
     Secretary shall allot to each State an amount that bears the 
     same relationship to such funds as the total number of 
     incarcerated individuals described in paragraphs (1) and (2) 
     of subsection (e) in the State bears to the total number of 
     such individuals in all States.
       ``(2) Future fiscal years.--From the funds appropriated 
     pursuant to subsection (i) for each fiscal year after fiscal 
     year 2009, the Secretary shall allot to each State an amount 
     that bears the same relationship to such funds as the total 
     number of students eligible under subsection (e) in such 
     State bears to the total number of such students in all 
     States.''.
       (2) Underground railroad.--Section 841(c) of the Higher 
     Education Amendments of 1998 (20 U.S.C. 1153(c)) is amended 
     by inserting ``this section'' after ``to carry out''.
       (b) Education of the Deaf Act of 1986.--Section 203(b)(2) 
     of the Education of the Deaf Act of 1986 (20 U.S.C. 
     4353(b)(2)) is amended by striking ``and subsections (b) and 
     (c) of section 209.'' and inserting ``and subsections (a), 
     (b), and (c) of section 209.''.

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