[House Report 110-803]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-803
_______________________________________________________________________
HIGHER EDUCATION OPPORTUNITY ACT
----------
CONFERENCE REPORT
to accompany
H.R. 4137
July 30, 2008.--Ordered to be printed
110th Congress
2d Session HOUSE OF REPRESENTATIVES Report
110-803
_______________________________________________________________________
HIGHER EDUCATION OPPORTUNITY ACT
__________
CONFERENCE REPORT
to accompany
H.R. 4137
July 30, 2008.--Ordered to be printed
HIGHER EDUCATION OPPORTUNITY ACT
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-803
======================================================================
,
HIGHER EDUCATION OPPORTUNITY ACT
_______
July 30, 2008.--Ordered to be printed
_______
Mr. George Miller of California, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 4137]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4137), to amend and extend the Higher Education Act of 1965,
and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Higher
Education Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. General effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definition of institution of higher education.
Sec. 102. Definition of institution of higher education for purposes of
title IV programs.
Sec. 103. Additional definitions.
Sec. 104. Protection of student speech and association rights.
Sec. 105. Treatment of territories and territorial student assistance.
Sec. 106. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 107. Drug and alcohol abuse prevention.
Sec. 108. Prior rights and obligations.
Sec. 109. Diploma mills.
Sec. 110. Improved information concerning the Federal student financial
aid website.
Sec. 111. Transparency in college tuition for consumers.
Sec. 112. Textbook information.
Sec. 113. Database of student information prohibited.
Sec. 114. In-State tuition rates for Armed Forces members, spouses, and
dependent children.
Sec. 115. State higher education information system pilot program.
Sec. 116. State commitment to affordable college education.
Sec. 117. Performance-based organization for the delivery of Federal
student financial assistance.
Sec. 118. Procurement flexibility.
Sec. 119. Certification regarding the use of certain Federal funds.
Sec. 120. Institution and lender reporting and disclosure requirements.
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality enhancement.
TITLE III--INSTITUTIONAL AID
Sec. 301. Program purpose.
Sec. 302. Definitions; eligibility.
Sec. 303. American Indian tribally controlled colleges and universities.
Sec. 304. Alaska Native and Native Hawaiian-serving institutions.
Sec. 305. Predominantly Black Institutions.
Sec. 306. Native American-serving, nontribal institutions.
Sec. 307. Assistance to Asian American and Native American Pacific
Islander-serving institutions.
Sec. 308. Part B definitions.
Sec. 309. Grants to institutions.
Sec. 310. Allotments.
Sec. 311. Professional or graduate institutions.
Sec. 312. Unexpended funds.
Sec. 313. Endowment Challenge Grants.
Sec. 314. Historically Black college and university capital financing.
Sec. 315. Programs in STEM fields.
Sec. 316. Investing in historically Black colleges and universities and
other minority-serving institutions.
Sec. 317. Technical assistance.
Sec. 318. Waiver authority.
Sec. 319. Authorization of appropriations.
Sec. 320. Technical corrections.
TITLE IV--STUDENT ASSISTANCE
PART A--Grants to Students in Attendance at Institutions of Higher
Education
Sec. 401. Federal Pell Grants.
Sec. 402. Academic competitiveness grants.
Sec. 403. Federal TRIO Programs.
Sec. 404. Gaining early awareness and readiness for undergraduate
programs.
Sec. 405. Academic Achievement Incentive Scholarships.
Sec. 406. Federal Supplemental Educational Opportunity Grants.
Sec. 407. Leveraging Educational Assistance Partnership program.
Sec. 408. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 409. Robert C. Byrd Honors Scholarship Program.
Sec. 410. Child care access means parents in school.
Sec. 411. Learning Anytime Anywhere Partnerships.
Sec. 412. TEACH Grants.
PART B--Federal Family Education Loan Program
Sec. 421. Limitations on amounts of loans covered by Federal insurance.
Sec. 422. Federal payments to reduce student interest costs.
Sec. 423. Voluntary flexible agreements.
Sec. 424. Federal PLUS loans.
Sec. 425. Federal consolidation loans.
Sec. 426. Default reduction program.
Sec. 427. Requirements for disbursement of student loans.
Sec. 428. Unsubsidized Stafford loan limits.
Sec. 429. Loan forgiveness for teachers employed by educational service
agencies.
Sec. 430. Loan forgiveness for service in areas of national need.
Sec. 431. Loan repayment for civil legal assistance attorneys.
Sec. 432. Reports to consumer reporting agencies and institutions of
higher education.
Sec. 433. Legal powers and responsibilities.
Sec. 434. Student loan information by eligible lenders.
Sec. 435. Consumer education information.
Sec. 436. Definitions of eligible institution and eligible lender.
Sec. 437. Discharge and cancellation rights in cases of disability.
Sec. 438. Conforming amendments for repeal of section 439.
PART C--Federal Work-Study Programs
Sec. 441. Authorization of appropriations.
Sec. 442. Allowance for books and supplies.
Sec. 443. Grants for Federal work-study programs.
Sec. 444. Flexible use of funds.
Sec. 445. Job location and development programs.
Sec. 446. Additional funds for off-campus community service.
Sec. 447. Work colleges.
PART D--Federal Direct Student Loan
Sec. 451. Terms and conditions of loans.
Sec. 452. Funds for administrative expenses.
Sec. 453. Guaranty agency responsibilities and payments; reports and
cost estimates.
Sec. 454. Loan cancellation for teachers.
PART E--Federal 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.
Sec. 466. Sense of Congress regarding Federal Perkins loans.
PART F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments.
Sec. 473. Definitions.
PART G--General Provisions Relating to Student Assistance
Sec. 481. Definitions.
Sec. 482. Master calendar.
Sec. 483. Improvements to paper and electronic forms and processes.
Sec. 484. Model institution financial aid offer form.
Sec. 485. Student eligibility.
Sec. 486. Statute of limitations and State court judgments.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
students.
Sec. 489. National Student Loan Data System.
Sec. 490. Early awareness of financial aid eligibility.
Sec. 491. Distance Education Demonstration Programs.
Sec. 492. Articulation agreements.
Sec. 493. Program participation agreements.
Sec. 494. Regulatory relief and improvement.
Sec. 494A. Transfer of allotments.
Sec. 494B. Purpose of administrative payments.
Sec. 494C. Advisory Committee on Student Financial Assistance.
Sec. 494D. Regional meetings and negotiated rulemaking.
Sec. 494E. Year 2000 requirements at the Department.
Sec. 494F. Technical amendment of income-based repayment.
PART H--Program Integrity
Sec. 495. Recognition of accrediting agency or association.
Sec. 496. Eligibility and certification procedures.
Sec. 497. Program review and data.
Sec. 498. Review of regulations.
PART I--Competitive Loan Auction Pilot Program
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Authorized activities.
Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.
Sec. 503. Applications.
Sec. 504. Cooperative arrangements.
Sec. 505. Authorization of appropriations.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Sec. 601. Findings; purposes; consultation; survey.
Sec. 602. Graduate and Undergraduate Language and Area Centers and
Programs.
Sec. 603. Language Resource Centers.
Sec. 604. Undergraduate International Studies and Foreign Language
Programs.
Sec. 605. Research; studies.
Sec. 606. Technological innovation and cooperation for foreign
information access.
Sec. 607. Selection of certain grant recipients.
Sec. 608. American overseas research centers.
Sec. 609. Authorization of appropriations for international and foreign
language studies.
Sec. 610. Conforming amendments.
Sec. 611. Business and international education programs.
Sec. 612. Minority foreign service professional development program.
Sec. 613. Institutional development.
Sec. 614. Study abroad program.
Sec. 615. Advanced degree in international relations.
Sec. 616. Internships.
Sec. 617. Financial assistance.
Sec. 618. Report.
Sec. 619. Gifts and donations.
Sec. 620. Authorization of appropriations for the Institute for
International Public Policy.
Sec. 621. Definitions.
Sec. 622. New provisions.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
Sec. 701. Purpose.
Sec. 702. Jacob K. Javits Fellowship program.
Sec. 703. Graduate assistance in areas of national need.
Sec. 704. Thurgood Marshall Legal educational opportunity program.
Sec. 705. Sense of Congress.
Sec. 706. Masters degree programs at historically Black colleges and
universities and Predominantly Black Institutions.
Sec. 707. Fund for the improvement of postsecondary education.
Sec. 708. Repeal of the urban community service program.
Sec. 709. Programs to provide students with disabilities with a quality
higher education.
Sec. 710. Subgrants to nonprofit organizations.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
Sec. 802. National Center for Research in Advanced Information and
Digital Technologies.
Sec. 803. Establishment of pilot program for course material rental.
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. Cultural experiences grants.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Monitoring, evaluation, and reporting.
Sec. 908. Liaison for educational programs.
Sec. 909. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 910. Oversight and effect of agreements.
Sec. 911. International students.
Sec. 912. Research priorities.
Sec. 913. National study on the education of the deaf.
Sec. 914. Authorization of appropriations.
PART B--United States Institute of Peace Act
Sec. 921. United States Institute of Peace Act.
PART C--The Higher Education Amendments of 1998; the Higher Education
Amendments of 1992
Sec. 931. Repeals.
Sec. 932. Grants to States for workplace and community transition
training for incarcerated individuals.
Sec. 933. Underground Railroad Educational and Cultural Program.
Sec. 934. Olympic Scholarships.
Sec. 935. Establishment of a Deputy Assistant Secretary for
International and Foreign Language Education.
PART D--Tribal College and Universities; Navajo Higher Education
subpart 1--tribal colleges and universities
Sec. 941. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978.
subpart 2--navajo higher education
Sec. 945. Short title.
Sec. 946. Reauthorization of Navajo Community College Act.
PART E--Omnibus Crime Control and Safe Streets Act of 1968
Sec. 951. Short title.
Sec. 952. Loan repayment for prosecutors and defenders.
PART F--Institutional Loan Repayment Assistance Programs
Sec. 961. Institutional loan forgiveness programs.
PART G--Minority Serving Institution Digital and Wireless Technology
Opportunity Program
Sec. 971. Minority Serving Institution Digital and Wireless Technology
Opportunity Program.
Sec. 972. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Regulations.
Sec. 1003. 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.
Sec. 1012. Civil liability.
Sec. 1013. Clerical amendment.
Subtitle B--Improved Disclosures for Private Education Loans
Sec. 1021. Private education loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private education
loans.
Subtitle C--College Affordability
Sec. 1031. Community Reinvestment Act credit for low-cost loans.
Subtitle D--Financial Literacy; Studies and Reports
Sec. 1041. Definitions.
Sec. 1042. Coordinated education efforts.
TITLE XI--STUDIES AND REPORTS
Sec. 1101. Study on foreign graduate medical schools.
Sec. 1102. Employment of postsecondary education graduates.
Sec. 1103. Study on IPEDS.
Sec. 1104. Report and study on articulation agreements.
Sec. 1105. Report on proprietary institutions of higher education.
Sec. 1106. Analysis of Federal regulations on institutions of higher
education.
Sec. 1107. Independent evaluation of distance education programs.
Sec. 1108. Review of costs and benefits of environmental, health, and
safety standards.
Sec. 1109. Study of minority male academic achievement.
Sec. 1110. Study on bias in standardized tests.
Sec. 1111. Endowment report.
Sec. 1112. Study of correctional postsecondary education.
Sec. 1113. Study of aid to less-than-half-time students.
Sec. 1114. Study on regional sensitivity in the needs analysis formula.
Sec. 1115. Study of the impact of student loan debt on public service.
Sec. 1116. Study on teaching students with reading disabilities.
Sec. 1117. Report on income contingent repayment through the income tax
withholding system.
Sec. 1118. Developing additional measures of degree completion.
Sec. 1119. Study on the financial and compliance audits of the Federal
student loan program.
Sec. 1120. Summit on sustainability.
Sec. 1121. Nursing school capacity.
Sec. 1122. Study and report on nonindividual information.
Sec. 1123. Feasibility study for student loan clearinghouse.
Sec. 1124. Study on Department of Education oversight of incentive
compensation ban.
Sec. 1125. Definition of authorizing committees.
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. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments
made by this Act, this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
(a) Amendments.--Section 101 (20 U.S.C. 1001) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting before
the semicolon the following: ``, or persons who
meet the requirements of section 484(d)(3)'';
and
(B) in paragraph (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 paragraph (2) of subsection (b) 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 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.''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 2010.
SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF
TITLE IV PROGRAMS.
(a) International Medical Schools and Nursing Schools.--
Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence of the matter
preceding clause (i), by inserting ``nursing
school,'' after ``graduate medical school,'';
(B) in clause (i)--
(i) in the matter preceding
subclause (I), by inserting ``except as
provided in subparagraph
(B)(iii)(IV),'' before ``in the case'';
and
(ii) by striking subclause (II) and
inserting the following new subclause:
``(II) the institution--
``(aa) has or had a
clinical training
program that was
approved by a State as
of January 1, 1992; and
``(bb) continues to
operate a clinical
training program in at
least one State that is
approved by that
State;'';
(C) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(iii) in the case of a nursing
school located outside of the United
States--
``(I) the nursing school
has an agreement with a
hospital, or accredited school
of nursing (as such terms are
defined in section 801 of the
Public Health Service Act (42
U.S.C. 296)), located in the
United States that requires the
students of the nursing school
to complete the students'
clinical training at such
hospital or accredited school
of nursing;
``(II) the nursing school
has an agreement with an
accredited school of nursing
located in the United States
providing that the students
graduating from the nursing
school located outside of the
United States also receive a
degree from the accredited
school of nursing located in
the United States;
``(III) the nursing school
certifies only Federal Stafford
Loans under section 428,
unsubsidized Federal Stafford
Loans under section 428H, or
Federal PLUS loans under
section 428B for students
attending the institution;
``(IV) the nursing school
reimburses the Secretary for
the cost of any loan defaults
for current and former students
included in the calculation of
the institution's cohort
default rate during the
previous fiscal year; and
``(V) not less than 75
percent of the individuals who
were students or graduates of
the nursing school, and who
took the National Council
Licensure Examination for
Registered Nurses in the year
preceding the year for which
the institution is certifying a
Federal Stafford Loan under
section 428, an unsubsidized
Federal Stafford Loan under
section 428H, or a Federal PLUS
loan under section 428B,
received a passing score on
such examination.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iii) Report.--
``(I) In general.--Not
later than 1 year after the
date of enactment of the Higher
Education Opportunity Act, the
advisory panel described in
clause (i) shall submit a
report to the Secretary and to
the authorizing committees
recommending eligibility
criteria for participation in
the loan programs under part B
of title IV for graduate
medical schools that--
``(aa) are located
outside of the United
States;
``(bb) do not meet
the requirements of
subparagraph (A)(i);
and
``(cc) have a
clinical training
program approved by a
State prior to January
1, 2008.
``(II) Recommendations.--In
the report described in
subclause (I), the advisory
panel's eligibility criteria
shall include recommendations
regarding the appropriate
levels of performance for
graduate medical schools
described in such subclause in
the following areas:
``(aa) Entrance
requirements.
``(bb) Retention
and graduation rates.
``(cc) Successful
placement of students
in United States
medical residency
programs.
``(dd) Passage rate
of students on the
United States Medical
Licensing Examination.
``(ee) The extent
to which State medical
boards have assessed
the quality of such
school's program of
instruction, including
through on-site
reviews.
``(ff) The extent
to which graduates of
such schools would be
unable to practice
medicine in 1 or more
States, based on the
judgment of a State
medical board.
``(gg) Any areas
recommended by the
Comptroller General of
the United States under
section 1101 of the
Higher Education
Opportunity Act.
``(hh) Any
additional areas the
Secretary may require.
``(III) Minimum eligibility
requirement.--In the
recommendations described in
subclause (II), the criteria
described in subparagraph
(A)(i)(I)(bb), as amended by
section 102(b) of the Higher
Education Opportunity Act,
shall be a minimum eligibility
requirement for a graduate
medical school described in
subclause (I) to participate in
the loan programs under part B
of title IV.
``(IV) Authority.--The
Secretary may--
``(aa) not earlier
than 180 days after the
submission of the
report described in
subclause (I), issue
proposed regulations
establishing criteria
for the eligibility of
graduate medical
schools described in
such subclause to
participate in the loan
programs under part B
of title IV based on
the recommendations of
such report; and
``(bb) not earlier
than one year after the
issuance of proposed
regulations under item
(aa), issue final
regulations
establishing such
criteria for
eligibility.''.
(b) Percentage Pass Rate.--Section 102(a)(2)(A)(i)(I)(bb)
(20 U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking
``60'' and inserting ``75''.
(c) Conforming Amendment Concerning 90/10 Enforcement.--
Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) in subparagraph (D), by adding ``and'' after
the semicolon;
(2) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (F).
(d) Additional Institutions.--
(1) Amendment.--Section 102 (20 U.S.C. 1002) is
further amended--
(A) in subsection (b)--
(i) by striking paragraph (1)(A)
and inserting the following:
``(A)(i) provides an eligible program of
training to prepare students for gainful
employment in a recognized occupation; or
``(ii)(I) provides a program leading to a
baccalaureate degree in liberal arts, and has
provided such a program since January 1, 2009;
and
``(II) is accredited by a recognized
regional accrediting agency or association, and
has continuously held such accreditation since
October 1, 2007, or earlier;''; and
(ii) by striking paragraph (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
(B) by striking paragraph (2) of subsection
(c) 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.''.
(2) Rule of construction.--Nothing in the amendment
made by paragraph (1)(A)(i) to section 102(b)(1)(A) of
the Higher Education Act of 1965 (20 U.S.C.
1002(b)(1)(A)) shall be construed to negate or
supercede any State laws governing proprietary
institutions of higher education.
(e) Effective Date.--The amendments made by subsections
(a)(1), (b), and (d) shall take effect on July 1, 2010.
SEC. 103. ADDITIONAL DEFINITIONS.
(a) Additional Definitions.--
(1) Amendment.--Section 103 (20 U.S.C. 1003) is
amended by adding at the end the following:
``(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.
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)), as updated by the
Secretary from time to time and published in the
Federal Register, 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 one 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 cassettes, DVDs, and
CD-ROMs, if the cassettes, DVDs, or CD-
ROMs are used in a course in
conjunction with any of the
technologies listed in clauses (i)
through (iii).
``(20) Diploma mill.--The term `diploma mill' means
an entity that--
``(A)(i) offers, for a fee, degrees,
diplomas, or certificates, that may be used to
represent to the general public that the
individual possessing such a degree, diploma,
or certificate has completed a program of
postsecondary education or training; and
``(ii) requires such individual to complete
little or no education or coursework to obtain
such degree, diploma, or certificate; and
``(B) lacks accreditation by an accrediting
agency or association that is recognized as an
accrediting agency or association of
institutions of higher education (as such term
is defined in section 102) by--
``(i) the Secretary pursuant to
subpart 2 of part H of title IV; or
``(ii) a Federal agency, State
government, or other organization or
association that recognizes accrediting
agencies or associations.
``(21) 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.), including a
migrant or seasonal Head Start program, an
Indian Head Start program, or a Head Start
program or an Early Head Start program that
also receives State funding;
``(B) a State licensed or regulated child
care program; or
``(C) a program that--
``(i) serves children from birth
through age six that addresses the
children's cognitive (including
language, early literacy, and early
mathematics), social, emotional, and
physical development; and
``(ii) is--
``(I) a State
prekindergarten program;
``(II) a program authorized
under section 619 or part C of
the Individuals with
Disabilities Education Act; or
``(III) a program operated
by a local educational agency.
``(22) 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.
``(23) Universal design.--The term `universal
design' has the meaning given the term in section 3 of
the Assistive Technology Act of 1998 (29 U.S.C. 3002).
``(24) Universal design for learning.--The term
`universal design for learning' means a scientifically
valid framework for guiding educational practice that--
``(A) provides flexibility in the ways
information is presented, in the ways students
respond or demonstrate knowledge and skills,
and in the ways students are engaged; and
``(B) reduces barriers in instruction,
provides appropriate accommodations, supports,
and challenges, and maintains high achievement
expectations for all students, including
students with disabilities and students who are
limited English proficient.''.
(2) Redesignation and reordering of definitions.--
Section 103 (as amended by paragraph (1)) (20 U.S.C.
1003) is further amended 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 and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees'';
(C) in subsection (j)(9)(A) (as added by
section 5(a) of the Ensuring Continued Access
to Student Loans Act of 2008), by striking
``Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and Labor of the House of
Representatives'' each place the term appears
and inserting ``authorizing committees''; and
(D) 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 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'';
(9) 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'';
(10) 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'';
(11) in section 485(f)(5)(A) (20 U.S.C.
1092(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'';
(12) in section 486(e) (20 U.S.C. 1093(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
(13) 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''.
SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112 (20 U.S.C. 1011a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``It is the
sense''; and
(B) by adding at the end the following:
``(2) It is the sense of Congress that--
``(A) the diversity of institutions and educational
missions is one of the key strengths of American higher
education;
``(B) individual institutions of higher education
have different missions and each institution should
design its academic program in accordance with its
educational goals;
``(C) an institution of higher education should
facilitate the free and open exchange of ideas;
``(D) students should not be intimidated, harassed,
discouraged from speaking out, or discriminated
against;
``(E) students should be treated equally and
fairly; and
``(F) nothing in this paragraph shall be construed
to modify, change, or infringe upon any
constitutionally protected religious liberty, freedom,
expression, or association.''; and
(2) in subsection (b)(1), by inserting ``, provided
that the imposition of such sanction is done
objectively and fairly'' after ``higher education''.
SEC. 105. 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'';
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
SEC. 106. 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 institutions of
higher education (as defined in section 102) under title IV.
``(b) Membership.--
``(1) In general.--The Committee shall have 18
members, of which--
``(A) six members shall be appointed by the
Secretary;
``(B) six members shall be appointed by the
Speaker of the House of Representatives, three
of whom shall be appointed on the
recommendation of the majority leader of the
House of Representatives, and three of whom
shall be appointed on the recommendation of the
minority leader of the House of
Representatives; and
``(C) six members shall be appointed by the
President pro tempore of the Senate, three of
whom shall be appointed on the recommendation
of the majority leader of the Senate, and three
of whom shall be appointed 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 six 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) three years for members appointed
under paragraph (1)(A);
``(B) four years for members appointed
under paragraph (1)(B); and
``(C) six 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; and
``(6) 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) Secretary's designee.--The Secretary shall
designate an employee of the Department to serve as the
Secretary's designee to the Committee, and the
Chairperson shall invite the Secretary's designee to
attend all meetings of the Committee.
``(4) Federal advisory committee act.--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) 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 name of 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 the last day of each
fiscal year, the Committee shall make available 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 fiscal year preceding the fiscal year in
which the report is made;
``(B) a list of the date and location of
each meeting during the fiscal year preceding
the fiscal year in which the report is made;
``(C) a list of the members of the
Committee; and
``(D) a list of the functions of the
Committee, including any additional functions
established by the Secretary through
regulation.
``(f) Termination.--The Committee shall terminate on
September 30, 2014.''.
(b) Transition.--Notwithstanding section 114 of the Higher
Education Act of 1965 (20 U.S.C. 1011c) (as in effect before,
during, and after the date of enactment of this Act)--
(1) the term of each member appointed to the
National Advisory Committee on Institutional Quality
and Integrity before the date of enactment of this Act
shall expire on the date of enactment of this Act;
(2) no new members shall be appointed to the
National Advisory Committee on Institutional Quality
and Integrity during the period beginning on the date
of enactment of this Act and ending on January 31,
2009; and
(3) no meeting of the National Advisory Committee
on Institutional Quality and Integrity shall be
convened during such period.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2009.
SEC. 107. 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) the
following:
``(B) determine the number of drug and
alcohol-related violations and fatalities
that--
``(i) occur on the institution's
campus (as defined in section
485(f)(6)), or as part of any of the
institution's activities; and
``(ii) are reported to campus
officials;
``(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 violations and
fatalities on the institution's campus or as
part of any of the institution's activities;
and'';
(2) in subsection (e)(5), by striking
``$5,000,000'' and all that follows through the period
at the end and inserting ``such sums as may be
necessary for fiscal year 2009 and each of the five
succeeding fiscal years.''; and
(3) by striking subsection (f).
SEC. 108. 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. 109. DIPLOMA MILLS.
Part B of title I (20 U.S.C. 1011 et seq.) is further
amended by adding at the end the following:
``SEC. 123. DIPLOMA MILLS.
``(a) Information to the Public.--The Secretary shall
maintain information and resources on the Department's website
to assist students, families, and employers in understanding
what a diploma mill is and how to identify and avoid diploma
mills.
``(b) Collaboration.--The Secretary shall continue to
collaborate with the United States Postal Service, the Federal
Trade Commission, the Department of Justice (including the
Federal Bureau of Investigation), the Internal Revenue Service,
and the Office of Personnel Management to maximize Federal
efforts to--
``(1) prevent, identify, and prosecute diploma
mills; and
``(2) broadly disseminate to the public information
about diploma mills, and resources to identify diploma
mills.''.
SEC. 110. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT FINANCIAL
AID WEBSITE.
(a) Promotion of 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 shall display a
link to the Federal student financial aid website of the
Department in a prominent place on the homepage of the
Department's website.
``(e) Enhanced Student Financial Aid Information.--
``(1) Implementation.--The Secretary shall continue
to improve the usefulness and accessibility of the
information provided by the Department on college
planning and student financial aid.
``(2) Dissemination.--The Secretary shall continue
to make the availability of the information on the
Federal student financial aid website of the Department
widely known, through a major media campaign and other
forms of communication.
``(3) Coordination.--As a part of the efforts
required under this subsection, the Secretary shall
create one website accessible from the Department's
website that fulfills the requirements under
subsections (b), (f), and (g).''.
(b) Improved Information Concerning Financial Aid for
Military Members and Veterans.--Section 131 (as amended by
subsection (a)) (20 U.S.C. 1015) is further amended by adding
at the end the following:
``(f) Improved Availability and Coordination of Information
Concerning Student Financial Aid Programs for Military Members
and Veterans.--
``(1) Coordination.--The Secretary, in coordination
with the Secretary of Defense and the Secretary of
Veterans Affairs, shall create a searchable website
that--
``(A) contains information, in simple and
understandable terms, about all Federal and
State student financial assistance, readmission
requirements under section 484C, and other
student services, for which members of the
Armed Forces (including members of the National
Guard and Reserves), veterans, and the
dependents of such members or veterans may be
eligible; and
``(B) is easily accessible through the
website described in subsection (e)(3).
``(2) Implementation.--Not later than one year
after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall make publicly
available the Armed Forces information website
described in paragraph (1).
``(3) Dissemination.--The Secretary, in
coordination with the Secretary of Defense and the
Secretary of Veterans Affairs, shall make the
availability of the Armed Forces information website
described in paragraph (1) widely known to members of
the Armed Forces (including members of the National
Guard and Reserves), veterans, the dependents of such
members or veterans, States, institutions of higher
education, and the general public.
``(4) Definition.--In this subsection, the term
`Federal and State student financial assistance' means
any grant, loan, work assistance, tuition assistance,
scholarship, fellowship, or other form of financial aid
for pursuing a postsecondary education that is--
``(A) administered, sponsored, or supported
by the Department of Education, the Department
of Defense, the Department of Veterans Affairs,
or a State; and
``(B) available to members of the Armed
Forces (including members of the National Guard
and Reserves), veterans, or the dependents of
such members or veterans.
``(g) Promotion of Availability of Information Concerning
Other Student Financial Aid Programs.--
``(1) Definition.--For purposes of this subsection,
the term `nondepartmental 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 an institution
of higher education; and
``(B) operated, sponsored, or supported by
a Federal department or agency other than the
Department of Education.
``(2) Availability of other student financial aid
information.--The Secretary shall ensure that--
``(A) not later than 90 days after the
Secretary receives the information required
under paragraph (3), the eligibility
requirements, application procedures, financial
terms and conditions, and other relevant
information for each nondepartmental student
financial assistance program are searchable and
accessible through the Federal student
financial aid website in a manner that is
simple and understandable for students and the
students' families; and
``(B) the website displaying the
information described in subparagraph (A)
includes a link to the National Database on
Financial Assistance for the Study of Science,
Technology, Engineering, and Mathematics
pursuant to paragraph (4), and the information
on military benefits under subsection (f), once
such Database and information are available.
``(3) Nondepartmental student financial assistance
programs.--The Secretary shall request all Federal
departments and agencies to provide the information
described in paragraph (2)(A), and each Federal
department or agency shall--
``(A) promptly respond to surveys or other
requests from the Secretary for the information
described in such paragraph; and
``(B) identify for the Secretary any
nondepartmental student financial assistance
program operated, sponsored, or supported by
such Federal department or agency.
``(4) National STEM database.--
``(A) In general.--The Secretary shall
establish and maintain, on the website
described in subsection (e)(3), a National
Database on Financial Assistance for the Study
of Science, Technology, Engineering, and
Mathematics (in this paragraph referred to as
the `STEM Database'). The STEM Database shall
consist of information on scholarships,
fellowships, and other programs of Federal,
State, local, and, to the maximum extent
practicable, private financial assistance
available for the study of science, technology,
engineering, or mathematics at the
postsecondary and postbaccalaureate levels.
``(B) Database contents.--The information
maintained on the STEM Database shall be
displayed on the website in the following
manner:
``(i) Separate information.--The
STEM Database shall provide separate
information for each of the fields of
science, technology, engineering, and
mathematics, and for postsecondary and
postbaccalaureate programs of financial
assistance.
``(ii) Information on targeted
assistance.--The STEM Database shall
provide specific information on any
program of financial assistance that is
targeted to individuals based on
financial need, merit, or student
characteristics.
``(iii) Contact and website
information.--The STEM Database shall
provide--
``(I) standard contact
information that an interested
person may use to contact a
sponsor of any program of
financial assistance included
in the STEM Database; and
``(II) if such sponsor
maintains a public website, a
link to the website.
``(iv) Search and match
capabilities.--The STEM Database
shall--
``(I) have a search
capability that permits an
individual to search for
information on the basis of
each category of the
information provided through
the STEM Database and on the
basis of combinations of
categories of the information
provided, including--
``(aa) whether the
financial assistance is
need- or merit-based;
and
``(bb) by relevant
academic majors; and
``(II) have a match
capability that--
``(aa) searches the
STEM Database for all
financial assistance
opportunities for which
an individual may be
qualified to apply,
based on the student
characteristics
provided by such
individual; and
``(bb) provides
information to an
individual for only
those opportunities for
which such individual
is qualified, based on
the student
characteristics
provided by such
individual.
``(v) Recommendation and
disclaimer.--The STEM Database shall
provide, to the users of the STEM
Database--
``(I) a recommendation that
students and families should
carefully review all of the
application requirements prior
to applying for any aid or
program of student financial
assistance; and
``(II) a disclaimer that
the non-Federal programs of
student financial assistance
presented in the STEM Database
are not provided or endorsed by
the Department or the Federal
Government.
``(C) Compilation of financial assistance
information.--In carrying out this paragraph,
the Secretary shall--
``(i) consult with public and
private sources of scholarships,
fellowships, and other programs of
student financial assistance; and
``(ii) make easily available a
process for such entities to provide
regular and updated information about
the scholarships, fellowships, or other
programs of student financial
assistance.
``(D) Contract authorized.--In carrying out
the requirements of this paragraph, the
Secretary is authorized to enter into a
contract with a private entity with
demonstrated expertise in creating and
maintaining databases such as the one required
under this paragraph, under which contract the
entity shall furnish, and regularly update, all
of the information required to be maintained on
the STEM Database.
``(5) Dissemination of information.--The Secretary
shall take such actions, on an ongoing basis, as may be
necessary to disseminate information under this
subsection and to encourage the use of the information
by interested parties, including sending notices to
secondary schools and institutions of higher
education.''.
(c) No User Fees for Department Financial Aid Websites.--
Section 131 (as amended by subsection (b)) (20 U.S.C. 1015) is
further amended by adding at the end the following:
``(h) No User Fees for Department Financial Aid Websites.--
No fee shall be charged to any individual to access--
``(1) a database or website of the Department that
provides information about higher education programs or
student financial assistance, including the College
Navigator website (or successor website) and the
websites and databases described in this section and
section 132; or
``(2) information about higher education programs
or student financial assistance available through a
database or website of the Department.''.
SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
Part C of title I (20 U.S.C. 1015) is amended by adding at
the end the following:
``SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) Definitions.--In this section:
``(1) College navigator website.--The term `College
Navigator website' means the College Navigator website
operated by the Department and includes any successor
website.
``(2) Cost of attendance.--The term `cost of
attendance' means the average annual cost of tuition
and fees, room and board, books, supplies, and
transportation for an institution of higher education
for a first-time, full-time undergraduate student
enrolled in the institution.
``(3) Net price.--The term `net price' means the
average yearly price actually charged to first-time,
full-time undergraduate students receiving student aid
at an institution of higher education after deducting
such aid, which shall be determined by calculating the
difference between--
``(A) the institution's cost of attendance
for the year for which the determination is
made; and
``(B) the quotient of--
``(i) the total amount of need-
based grant aid and merit-based grant
aid, from Federal, State, and
institutional sources, provided to such
students enrolled in the institution
for such year; and
``(ii) the total number of such
students receiving such need-based
grant aid or merit-based grant aid for
such year.
``(4) Tuition and fees.--The term `tuition and
fees' means the average annual cost of tuition and fees
for an institution of higher education for first-time,
full-time undergraduate students enrolled in the
institution.
``(b) Calculations for Public Institutions.--In making the
calculations regarding cost of attendance, net price, and
tuition and fees under this section with respect to a public
institution of higher education, the Secretary shall calculate
the cost of attendance, net price, and tuition and fees at such
institution in the manner described in subsection (a), except
that--
``(1) the cost of attendance, net price, and
tuition and fees shall be calculated for first-time,
full-time undergraduate students enrolled in the
institution who are residents of the State in which
such institution is located; and
``(2) in determining the net price, the average
need-based grant aid and merit-based grant aid
described in subsection (a)(3)(B) shall be calculated
based on the average total amount of such aid received
by first-time, full-time undergraduate students who are
residents of the State in which such institution is
located, divided by the total number of such resident
students receiving such need-based grant aid or merit-
based grant aid at such institution.
``(c) College Affordability and Transparency Lists.--
``(1) Availability of lists.--Beginning July 1,
2011, the Secretary shall make publicly available on
the College Navigator website, in a manner that is
sortable and searchable by State, the following:
``(A) A list of the five percent of
institutions in each category described in
subsection (d) that have the highest tuition
and fees for the most recent academic year for
which data are available.
``(B) A list of the five percent of
institutions in each such category that have
the highest net price for the most recent
academic year for which data are available.
``(C) A list of the five percent of
institutions in each such category that have
the largest increase, expressed as a percentage
change, in tuition and fees over the most
recent three academic years for which data are
available, using the first academic year of the
three-year period as the base year to compute
such percentage change.
``(D) A list of the five percent of
institutions in each such category that have
the largest increase, expressed as a percentage
change, in net price over the most recent three
academic years for which data are available,
using the first academic year of the three-year
period as the base year to compute such
percentage change.
``(E) A list of the ten percent of
institutions in each such category that have
the lowest tuition and fees for the most recent
academic year for which data are available.
``(F) A list of the ten percent of
institutions in each such category that have
the lowest net price for the most recent
academic year for which data are available.
``(2) Annual updates.--The Secretary shall annually
update the lists described in paragraph (1) on the
College Navigator website.
``(d) Categories of Institutions.--The lists described in
subsection (c)(1) shall be compiled according to the following
categories of institutions that participate in programs under
title IV:
``(1) Four-year public institutions of higher
education.
``(2) Four-year private, nonprofit institutions of
higher education.
``(3) Four-year private, for-profit institutions of
higher education.
``(4) Two-year public institutions of higher
education.
``(5) Two-year private, nonprofit institutions of
higher education.
``(6) Two-year private, for-profit institutions of
higher education.
``(7) Less than two-year public institutions of
higher education.
``(8) Less than two-year private, nonprofit
institutions of higher education.
``(9) Less than two-year private, for-profit
institutions of higher education.
``(e) Reports by Institutions.--
``(1) Report to secretary.--If an institution of
higher education is included on a list described in
subparagraph (C) or (D) of subsection (c)(1), the
institution shall submit to the Secretary a report
containing the following information:
``(A) A description of the major areas in
the institution's budget with the greatest cost
increases.
``(B) An explanation of the cost increases
described in subparagraph (A).
``(C) A description of the steps the
institution will take toward the goal of
reducing costs in the areas described in
subparagraph (A).
``(D) In the case of an institution that is
included on the same list under subparagraph
(C) or (D) of subsection (c)(1) for two or more
consecutive years, a description of the
progress made on the steps described in
subparagraph (C) of this paragraph that were
included in the institution's report for the
previous year.
``(E) If the determination of any cost
increase described in subparagraph (A) is not
within the exclusive control of the
institution--
``(i) an explanation of the extent
to which the institution participates
in determining such cost increase;
``(ii) the identification of the
agency or instrumentality of State
government responsible for determining
such cost increase; and
``(iii) any other information the
institution considers relevant to the
report.
``(2) Information to the public.--The Secretary
shall--
``(A) issue an annual report that
summarizes all of the reports by institutions
required under paragraph (1) to the authorizing
committees; and
``(B) publish such report on the College
Navigator website.
``(f) Exemptions.--
``(1) In general.--An institution shall not be
placed on a list described in subparagraph (C) or (D)
of subsection (c)(1), and shall not be subject to the
reporting required under subsection (e), if the dollar
amount of the institution's increase in tuition and
fees, or net price, as applicable, is less than $600
for the three-year period described in such
subparagraph.
``(2) Update.--Beginning in 2014, and every three
years thereafter, the Secretary shall update the dollar
amount described in paragraph (1) based on annual
increases in inflation, using the Consumer Price Index
for each of the three most recent preceding years.
``(g) State Higher Education Spending Chart.--The Secretary
shall annually report on the College Navigator website, in
charts for each State, comparisons of--
``(1) the percentage change in spending by such
State per full-time equivalent student at all public
institutions of higher education in such State, for
each of the five most recent preceding academic years;
``(2) the percentage change in tuition and fees for
such students for all public institutions of higher
education in such State for each of the five most
recent preceding academic years; and
``(3) the percentage change in the total amount of
need-based aid and merit-based aid provided by such
State to full-time students enrolled in the public
institutions of higher education in the State for each
of the five most recent preceding academic years.
``(h) Net Price Calculator.--
``(1) Development of net price calculator.--Not
later than one year after the date of enactment of the
Higher Education Opportunity Act, the Secretary shall,
in consultation with institutions of higher education
and other appropriate experts, develop a net price
calculator to help current and prospective students,
families, and other consumers estimate the individual
net price of an institution of higher education for a
student. The calculator shall be developed in a manner
that enables current and prospective students,
families, and consumers to determine an estimate of a
current or prospective student's individual net price
at a particular institution.
``(2) Calculation of individual net price.--For
purposes of this subsection, an individual net price of
an institution of higher education shall be calculated
in the same manner as the net price of such institution
is calculated under subsection (a)(3), except that the
cost of attendance and the amount of need-based and
merit-based aid available shall be calculated for the
individual student as much as practicable.
``(3) Use of net price calculator by
institutions.--Not later than two years after the date
on which the Secretary makes the calculator developed
under paragraph (1) available to institutions of higher
education, each institution of higher education that
receives Federal funds under title IV shall make
publicly available on the institution's website a net
price calculator to help current and prospective
students, families, and other consumers estimate a
student's individual net price at such institution of
higher education. Such calculator may be a net price
calculator developed--
``(A) by the Department pursuant to
paragraph (1); or
``(B) by the institution of higher
education, if the institution's calculator
includes, at a minimum, the same data elements
included in the calculator developed under
paragraph (1).
``(4) Disclaimer.--Estimates of an individual net
price determined using a net price calculator required
under paragraph (3) shall be accompanied by a clear and
conspicuous notice--
``(A) stating that the estimate--
``(i) does not represent a final
determination, or actual award, of
financial assistance;
``(ii) shall not be binding on the
Secretary, the institution of higher
education, or the State; and
``(iii) may change;
``(B) stating that the student must
complete the Free Application for Federal
Student Aid described in section 483 in order
to be eligible for, and receive, an actual
financial aid award that includes Federal
grant, loan, or work-study assistance under
title IV; and
``(C) including a link to the website of
the Department that allows students to access
the Free Application for Federal Student Aid
described in section 483.
``(i) Consumer Information.--
``(1) Availability of title iv institution
information.--Not later than one year after the date of
enactment of the Higher Education Opportunity Act, the
Secretary shall make publicly available on the College
Navigator website, in simple and understandable terms,
the following information about each institution of
higher education that participates in programs under
title IV, for the most recent academic year for which
satisfactory data are available:
``(A) A statement of the institution's
mission.
``(B) The total number of undergraduate
students who applied to, were admitted by, and
enrolled in the institution.
``(C) For institutions that require SAT or
ACT scores to be submitted, the reading,
writing, mathematics, and combined scores on
the SAT or ACT, as applicable, for the middle
50 percent range of the institution's freshman
class.
``(D) The number of first-time, full-time,
and part-time students enrolled at the
institution, at the undergraduate and (if
applicable) graduate levels.
``(E) The number of degree- or certificate-
seeking undergraduate students enrolled at the
institution who have transferred from another
institution.
``(F) The percentages of male and female
undergraduate students enrolled at the
institution.
``(G) Of the first-time, full-time, degree-
or certificate-seeking undergraduate students
enrolled at the institution--
``(i) the percentage of such
students who are from the State in
which the institution is located;
``(ii) the percentage of such
students who are from other States; and
``(iii) the percentage of such
students who are international
students.
``(H) The percentages of first-time, full-
time, degree- or certificate-seeking students
enrolled at the institution, disaggregated by
race and ethnic background.
``(I) The percentage of undergraduate
students enrolled at the institution who are
formally registered with the office of
disability services of the institution (or the
equivalent office) as students with
disabilities, except that if such percentage is
three percent or less, the institution shall
report `three percent or less'.
``(J) The percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within--
``(i) the normal time for
completion of, or graduation from, the
student's program;
``(ii) 150 percent of the normal
time for completion of, or graduation
from, the student's program; and
``(iii) 200 percent of the normal
time for completion of, or graduation
from, the student's program;
``(K) The number of certificates, associate
degrees, baccalaureate degrees, master's
degrees, professional degrees, and doctoral
degrees awarded by the institution.
``(L) The undergraduate major areas of
study at the institution with the highest
number of degrees awarded.
``(M) The student-faculty ratio, the number
of full-time and part-time faculty, and the
number of graduate assistants with primarily
instructional responsibilities, at the
institution.
``(N)(i) The cost of attendance for first-
time, full-time undergraduate students enrolled
in the institution who live on campus;
``(ii) the cost of attendance for first-
time, full-time undergraduate students enrolled
in the institution who live off campus; and
``(iii) in the case of a public institution
of higher education and notwithstanding
subsection (b)(1), the costs described in
clauses (i) and (ii), for--
``(I) first-time, full-time
students enrolled in the institution
who are residents of the State in which
the institution is located; and
``(II) first-time, full-time
students enrolled in the institution
who are not residents of such State.
``(O) The average annual grant amount
(including Federal, State, and institutional
aid) awarded to a first-time, full-time
undergraduate student enrolled at the
institution who receives financial aid.
``(P) The average annual amount of Federal
student loans provided through the institution
to undergraduate students enrolled at the
institution.
``(Q) The total annual grant aid awarded to
undergraduate students enrolled at the
institution, from the Federal Government, a
State, the institution, and other sources known
by the institution.
``(R) The percentage of first-time, full-
time undergraduate students enrolled at the
institution receiving Federal, State, and
institutional grants, student loans, and any
other type of student financial assistance
known by the institution, provided publicly or
through the institution, such as Federal work-
study funds.
``(S) The number of students enrolled at
the institution receiving Federal Pell Grants.
``(T) The institution's cohort default
rate, as defined under section 435(m).
``(U) The information on campus safety
required to be collected under section 485(i).
``(V) A link to the institution's website
that provides, in an easily accessible manner,
the following information:
``(i) Student activities offered by
the institution.
``(ii) Services offered by the
institution for individuals with
disabilities.
``(iii) Career and placement
services offered by the institution to
students during and after enrollment.
``(iv) Policies of the institution
related to transfer of credit from
other institutions.
``(W) A link to the appropriate section of
the Bureau of Labor Statistics website that
provides information on regional data on
starting salaries in all major occupations.
``(X) Information required to be submitted
under paragraph (4) and a link to the
institution pricing summary page described in
paragraph (5).
``(Y) In the case of an institution that
was required to submit a report under
subsection (e)(1), a link to such report.
``(Z) The availability of alternative
tuition plans, which may include guaranteed
tuition plans.
``(2) Annual updates.--The Secretary shall annually
update the information described in paragraph (1) on
the College Navigator website.
``(3) Consultation.--The Secretary shall regularly
consult with current and prospective college students,
family members of such students, institutions of higher
education, and other experts to improve the usefulness
and relevance of the College Navigator website, with
respect to the presentation of the consumer information
collected in paragraph (1).
``(4) Data collection.--The Commissioner for
Education Statistics shall continue to update and
improve the Integrated Postsecondary Education Data
System (referred to in this section as `IPEDS'),
including the reporting of information by institutions
and the timeliness of the data collected.
``(5) Institution pricing summary page.--
``(A) Availability of list of participating
institutions.--The Secretary shall make
publicly available on the College Navigator
website in a sortable and searchable format a
list of all institutions of higher education
that participate in programs under title IV,
which list shall, for each institution, include
the following:
``(i) The tuition and fees for each
of the three most recent academic years
for which data are available.
``(ii) The net price for each of
the three most recent available
academic years for which data are
available.
``(iii)(I) During the period
beginning July 1, 2010, and ending June
30, 2013, the net price for students
receiving Federal student financial aid
under title IV, disaggregated by the
income categories described in
paragraph (6), for the most recent
academic year for which data are
available.
``(II) Beginning July 1, 2013, the
net price for students receiving
Federal student financial aid under
title IV, disaggregated by the income
categories described in paragraph (6),
for each of the three most recent
academic years for which data are
available.
``(iv) The average annual
percentage change and average annual
dollar change in such institution's
tuition and fees for each of the three
most recent academic years for which
data are available.
``(v) The average annual percentage
change and average annual dollar change
in such institution's net price for
each of the three most recent preceding
academic years for which data are
available.
``(vi) A link to the webpage on the
College Navigator website that provides
the information described in paragraph
(1) for the institution.
``(B) Annual updates.--The Secretary shall
annually update the lists described in
subparagraph (A) on the College Navigator
website.
``(6) Income categories.--
``(A) In general.--For purposes of
reporting the information required under this
subsection, the following income categories
shall apply for students who receive Federal
student financial aid under title IV:
``(i) $0-30,000.
``(ii) $30,001-48,000.
``(iii) $48,001-75,000.
``(iv) $75,001-110,000.
``(v) $110,001 and more.
``(B) Adjustment.--The Secretary may adjust
the income categories listed in subparagraph
(A) using the Consumer Price Index if the
Secretary determines such adjustment is
necessary.
``(j) Multi-Year Tuition Calculator.--
``(1) Development of multi-year tuition
calculator.--Not later than one year after the date of
enactment of the Higher Education Opportunity Act, the
Secretary shall, in consultation with institutions of
higher education, financial planners, and other
appropriate experts, develop a multi-year tuition
calculator to help current and prospective students,
families of such students, and other consumers estimate
the amount of tuition an individual may pay to attend
an institution of higher education in future years.
``(2) Calculation of multi-year tuition.--The
multi-year tuition calculator described in paragraph
(1) shall--
``(A) allow an individual to select an
institution of higher education for which the
calculation shall be made;
``(B) calculate an estimate of tuition and
fees for each year of the normal duration of
the program of study at such institution by--
``(i) using the tuition and fees
for such institution, as reported under
subsection (i)(5)(A)(i), for the most
recent academic year for which such
data are reported; and
``(ii) determining an estimated
annual percentage change for each year
for which the calculation is made,
based on the annual percentage change
in such institution's tuition and fees,
as reported under subsection
(i)(5)(A)(iv), for the most recent
three-year period for which such data
are reported;
``(C) calculate an estimate of the total
amount of tuition and fees to complete a
program of study at such institution, based on
the normal duration of such program, using the
estimate calculated under subparagraph (B) for
each year of the program of study;
``(D) provide the individual with the
option to replace the estimated annual
percentage change described in subparagraph
(B)(ii) with an alternative annual percentage
change specified by the individual, and
calculate an estimate of tuition and fees for
each year and an estimate of the total amount
of tuition and fees using the alternative
percentage change;
``(E) in the case of an institution that
offers a multi-year tuition guarantee program,
allow the individual to have the estimates of
tuition and fees described in subparagraphs (B)
and (C) calculated based on the provisions of
such guarantee program for the tuition and fees
charged to a student, or cohort of students,
enrolled for the duration of the program of
study; and
``(F) include any other features or
information determined to be appropriate by the
Secretary.
``(3) Availability and comparison.--The multi-year
tuition calculator described in paragraph (1) shall be
available on the College Navigator website and shall
allow current and prospective students, families of
such students, and consumers to compare information and
estimates under this subsection for multiple
institutions of higher education.
``(4) Disclaimer.--Each calculation of estimated
tuition and fees made using the multi-year tuition
calculator described in paragraph (1) shall be
accompanied by a clear and conspicuous notice--
``(A) stating that the calculation--
``(i) is only an estimate and not a
guarantee of the actual amount the
student may be charged;
``(ii) is not binding on the
Secretary, the institution of higher
education, or the State; and
``(iii) may change, subject to the
availability of financial assistance,
State appropriations, and other
factors;
``(B) stating that the student must
complete the Free Application for Federal
Student Aid described in section 483 in order
to be eligible for, and receive, an actual
financial aid award that includes Federal
grant, loan, or work-study assistance under
title IV; and
``(C) including a link to the website of
the Department that allows students to access
the Free Application for Federal Student Aid
described in section 483.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary, acting
through the Commissioner for Education Statistics,
shall conduct, on a State-by-State basis, a survey of
recipients of Federal student financial aid under title
IV--
``(A) to identify the population of
students receiving such Federal student
financial aid;
``(B) to describe the income distribution
and other socioeconomic characteristics of
recipients of such Federal student financial
aid;
``(C) to describe the combinations of aid
from Federal, State, and private sources
received by such recipients from all income
categories;
``(D) to describe the--
``(i) debt burden of such loan
recipients, and their capacity to repay
their education debts; and
``(ii) the impact of such debt
burden on the recipients' course of
study and post-graduation plans;
``(E) to describe the impact of the cost of
attendance of postsecondary education in the
determination by students of what institution
of higher education to attend; and
``(F) to describe how the costs of
textbooks and other instructional materials
affect the costs of postsecondary education for
students.
``(2) Frequency.--The survey shall be conducted on
a regular cycle and not less often than once every four
years.
``(3) Survey design.--The survey shall be
representative of students from all types of
institutions, including full-time and part-time
students, undergraduate, graduate, and professional
students, and current and former students.
``(4) Dissemination.--The Commissioner for
Education Statistics shall disseminate to the public,
in printed and electronic form, the information
resulting from the survey.
``(l) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out this
section.''.
SEC. 112. TEXTBOOK INFORMATION.
(a) Amendment.--Part C of title I (20 U.S.C. 1015) is
further amended by adding after section 132 (as added by
section 111 of this Act) the following new section:
``SEC. 133. TEXTBOOK INFORMATION.
``(a) Purpose and Intent.--The purpose of this section is
to ensure that students have access to affordable course
materials by decreasing costs to students and enhancing
transparency and disclosure with respect to the selection,
purchase, sale, and use of course materials. It is the intent
of this section to encourage all of the involved parties,
including faculty, students, administrators, institutions of
higher education, bookstores, distributors, and publishers, to
work together to identify ways to decrease the cost of college
textbooks and supplemental materials for students while
supporting the academic freedom of faculty members to select
high quality course materials for students.
``(b) Definitions.--In this section:
``(1) Bundle.--The term `bundle' means one or more
college textbooks or other supplemental 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 by a publisher 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--
``(A) 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; or
``(B) combined with other materials that
are so interrelated with the content of the
college textbook that the separation of the
college textbook from the other materials would
render the college textbook unusable for its
intended purpose.
``(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, new material covering 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 that--
``(A) may include printed materials,
computer disks, website access, and
electronically distributed materials; and
``(B) is not being used as a component of
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 receiving Federal
financial assistance with information regarding a
college textbook or supplemental material, the
publisher shall include, with any such information and
in writing (which may include electronic
communications), 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 and, if
available, the price at which the publisher
makes the college textbook or supplemental
material available to the public.
``(B) The copyright dates of the three
previous editions of such college textbook, if
any.
``(C) A description of the substantial
content revisions made between the current
edition of the college textbook or supplemental
material and the previous edition, if any.
``(D)(i) Whether the college textbook or
supplemental material is available in any other
format, including paperback and unbound; and
``(ii) for each other format of the college
textbook or supplemental material, 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 and, if
available, the price at which the publisher
makes such other format of the college textbook
or supplemental material available to the
public.
``(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, a publisher 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.--To the maximum extent practicable, each
institution of higher education receiving Federal financial
assistance shall--
``(1) disclose, on the institution's Internet
course schedule and in a manner of the institution's
choosing, the International Standard Book Number and
retail price information of required and recommended
college textbooks and supplemental materials for each
course listed in the institution's course schedule used
for preregistration and registration purposes, except
that--
``(A) if the International Standard Book
Number is not available for such college
textbook or supplemental material, then the
institution shall include in the Internet
course schedule the author, title, publisher,
and copyright date for such college textbook or
supplemental material; and
``(B) if the institution determines that
the disclosure of the information described in
this subsection is not practicable for a
college textbook or supplemental material, then
the institution shall so indicate by placing
the designation `To Be Determined' in lieu of
the information required under this subsection;
and
``(2) if applicable, include on the institution's
written course schedule a notice that textbook
information is available on the institution's Internet
course schedule, and the Internet address for such
schedule.
``(e) Availability of Information for College Bookstores.--
An institution of higher education receiving Federal financial
assistance shall make available to a college bookstore that is
operated by, or in a contractual relationship or otherwise
affiliated with, the institution, as soon as is practicable
upon the request of such 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) Additional Information.--An institution disclosing
the information required by subsection (d)(1) is encouraged to
disseminate to students information regarding--
``(1) available institutional programs for renting
textbooks or for purchasing used textbooks;
``(2) available institutional guaranteed textbook
buy-back programs;
``(3) available institutional alternative content
delivery programs; or
``(4) other available institutional cost-saving
strategies.
``(g) GAO Report.--Not later than July 1, 2013, the
Comptroller General of the United States shall report to the
authorizing committees on the implementation of this section by
institutions of higher education, college bookstores, and
publishers. The report shall particularly examine--
``(1) the availability of college textbook
information on course schedules;
``(2) the provision of pricing information to
faculty of institutions of higher education by
publishers;
``(3) the use of bundled and unbundled material in
the college textbook marketplace, including the
adoption of unbundled materials by faculty and the use
of integrated textbooks by publishers; and
``(4) the implementation of this section by
institutions of higher education, including the costs
and benefits to such institutions and to students.
``(h) 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, supplemental materials, and other classroom
materials.
``(i) No Regulatory Authority.--The Secretary shall not
promulgate regulations with respect to this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2010.
SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 133 (as added by section 112 of this Act)
the following:
``SEC. 134. DATABASE OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in subsection (b),
nothing in this Act shall be construed to authorize the
development, implementation, or maintenance of 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 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--
``(1) is necessary for the operation of programs
authorized by title II, IV, or VII; and
``(2) was in use by the Secretary, directly or
through a contractor, as of the day before the date of
enactment of the Higher Education Opportunity Act.
``(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. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, SPOUSES, AND
DEPENDENT CHILDREN.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 134 (as added by section 113 of this Act)
the following:
``SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY, SPOUSES, AND DEPENDENT CHILDREN.
``(a) Requirement.--In the case of a member of the armed
forces who is on active duty for a period of more than 30 days
and whose domicile or permanent duty station is in a State that
receives assistance under this Act, such State shall not charge
such member (or the spouse or dependent child of such member)
tuition for attendance at a public institution of higher
education in the State at a rate that is greater than the rate
charged for residents of the State.
``(b) Continuation.--If a member of the armed forces (or
the spouse or dependent child of a member) pays tuition at a
public institution of higher education in a State at a rate
determined by subsection (a), the provisions of subsection (a)
shall continue to apply to such member, spouse, 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 that
receives assistance under this Act for the first period of
enrollment at such institution that begins after July 1, 2009.
``(d) Definitions.--In this section, 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.''.
SEC. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
Part C of title I of the Higher Education Act of 1965 (20
U.S.C. 1015) is further amended by adding after section 135 (as
added by section 114 of this Act) the following:
``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 five 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 five
eligible entities to enable the eligible entities to--
``(A) design, test, and implement systems
of postsecondary student data 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 three 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 may reasonably require,
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 section 444 of the
General Education Provisions Act (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 three-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 a State;
``(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; and
``(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 the reporting system for
different types of institutions; and
``(5) test the feasibility of protocols and
standards for maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than six 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
five succeeding fiscal years.''.
SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 136 (as added by section 115 of this Act)
the following new section:
``SEC. 137. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
``(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 five 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 five most recent preceding
academic years for which satisfactory data are
available.
``(b) Adjustments for Biennial Appropriations.--The
Secretary shall take into consideration any adjustments to the
calculations under subsection (a) that may be required to
accurately reflect funding levels for postsecondary education
in States with biennial appropriation cycles.
``(c) 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 and
unforseen decline in the financial resources of a State or
State educational agency, as appropriate.
``(d) 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 (c) any amount that would
otherwise be available to the State under section 781 until
such State has made significant efforts to correct such
violation.''.
SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF FEDERAL
STUDENT FINANCIAL ASSISTANCE.
Section 141 (20 U.S.C. 1018) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking
``operational'' and inserting ``administrative
and oversight''; and
(B) in paragraph (2)(D), by striking ``of
the operational functions'' and inserting ``and
administration'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``the information systems
administered by the PBO, and other
functions performed by the PBO'' and
inserting ``the Federal student
financial assistance programs
authorized under title IV''; and
(ii) by striking subparagraph (C)
and inserting the following:
``(C) assist the Chief Operating Officer in
identifying goals for--
``(i) the administration of the
systems used to administer the Federal
student financial assistance programs
authorized under title IV; and
``(ii) the updating of such systems
to current technology.'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking
``administration of the
information and financial
systems that support'' and
inserting ``the administration
of Federal''; and
(II) by striking ``this
title'' and inserting ``title
IV'';
(ii) in subparagraph (A)--
(I) in the matter preceding
clause (i), by striking ``of
the delivery system for Federal
student assistance'' and
inserting ``for the Federal
student financial assistance
programs authorized under title
IV'';
(II) by striking clauses
(i) and (ii) and inserting the
following:
``(i) the collection, processing,
and transmission of data to students,
institutions, lenders, State agencies,
and other authorized parties;
``(ii) the design and technical
specifications for software development
and procurement for systems supporting
the Federal student financial
assistance programs authorized under
title IV;'';
(III) in clause (iii), by
striking ``delivery'' and
inserting ``administration'';
(IV) in clause (iv)--
(aa) by inserting
``the Federal'' after
``supporting'';
(bb) by striking
``under this title''
and inserting
``authorized under
title IV''; and
(cc) by striking
``and'' after the
semicolon;
(V) in clause (v), by
striking ``systems that support
those programs.'' and inserting
``the administration of the
Federal student financial
assistance programs authorized
under title IV; and''; and
(VI) by adding at the end
the following:
``(vi) ensuring the integrity of
the Federal student financial
assistance programs authorized under
title IV.''; and
(iii) in subparagraph (B), by
striking ``operations and services''
and inserting ``activities and
functions''; and
(3) in subsection (c)--
(A) in the subsection heading, by striking
``Performance Plan and Report'' and inserting
``Performance Plan, Report, and Briefing'';
(B) in paragraph (1)(C)--
(i) by striking ``this title'' each
place the term appears and inserting
``under title IV'';
(ii) in clause (iii), by striking
``information and delivery''; and
(iii) in clause (iv)--
(I) by striking
``Developing an'' and inserting
``Developing''; and
(II) by striking ``delivery
and information system'' and
inserting ``systems'';
(C) in paragraph (2)--
(i) in subparagraph (A), by
inserting ``the'' after ``PBO and'';
and
(ii) in subparagraph (B), by
striking ``Officer'' and inserting
``Officers'';
(D) in paragraph (3), by inserting
``students,'' after ``consult with''; and
(E) by adding at the end the following:
``(4) Briefing on enforcement of student loan
provisions.--The Secretary shall, upon request, provide
a briefing to the members of the authorizing committees
on the steps the Department has taken to ensure--
``(A) the integrity of the student loan
programs; and
``(B) that lenders and guaranty agencies
are adhering to the requirements of title
IV.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking the
second sentence; and
(B) in paragraph (5)--
(i) in subparagraph (B), by
striking ``paragraph (2)'' and
inserting ``paragraph (4)''; and
(ii) in subparagraph (C), by
striking ``this'';
(5) in subsection (f)--
(A) in paragraph (2), by striking ``to
borrowers'' and inserting ``to students,
borrowers,''; and
(B) in paragraph (3)(A), by striking
``(1)(A)'' and inserting ``(1)'';
(6) in subsection (g)(3), by striking ``not more
than 25'';
(7) in subsection (h), by striking ``organizational
effectiveness'' and inserting ``effectiveness'';
(8) by striking subsection (i);
(9) by redesignating subsection (j) as subsection
(i); and
(10) in subsection (i) (as redesignated by
paragraph (9)), by striking ``, including transition
costs''.
SEC. 118. PROCUREMENT FLEXIBILITY.
Section 142 (20 U.S.C. 1018a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for information
systems supporting the programs
authorized under title IV''; and
(ii) by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) through the Chief Operating Officer--
``(A) to the maximum extent practicable,
utilize procurement systems that streamline
operations, improve internal controls, and
enhance management; and
``(B) assess the efficiency of such systems
and assess such systems' ability to meet PBO
requirements.'';
(2) by striking subsection (c)(2) and inserting the
following:
``(2) Fee for service arrangements.--The Chief
Operating Officer shall, when appropriate and
consistent with the purposes of the PBO, acquire
services related to the functions set forth in section
141(b)(2) from any entity that has the capability and
capacity to meet the requirements set by the PBO. The
Chief Operating Officer is authorized to pay fees that
are equivalent to those paid by other entities to an
organization that provides services that meet the
requirements of the PBO, as determined by the Chief
Operating Officer.'';
(3) in subsection (d)(2)(B), by striking ``on
Federal Government contracts'';
(4) in subsection (g)--
(A) in paragraph (4)(A)--
(i) in the subparagraph heading, by
striking ``Sole source.--'' and
inserting ``Single-source basis.--'';
and
(ii) by striking ``sole-source''
and inserting ``single-source''; and
(B) in paragraph (7), by striking ``sole-
source'' and inserting ``single-source'';
(5) in subsection (h)(2)(A), by striking ``sole-
source'' and inserting ``single-source''; and
(6) in subsection (l), by striking paragraph (3)
and inserting the following:
``(3) Single-source basis.--The term `single-source
basis', with respect to an award of a contract, means
that the contract is awarded to a source after
soliciting an offer or offers from, and negotiating
with, only such source (although such source is not the
only source in the marketplace capable of meeting the
need) because such source is the most advantageous
source for purposes of the award.''.
SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.
(a) Prohibition.--No Federal funds received under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by an
institution of higher education or other postsecondary
educational institution may be used to pay any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with any Federal action described in subsection (b).
(b) Applicability.--The prohibition in subsection (a)
applies with respect to the following Federal actions:
(1) The awarding of any Federal contract.
(2) The making of any Federal grant.
(3) The making of any Federal loan.
(4) The entering into of any Federal cooperative
agreement.
(5) The extension, continuation, renewal,
amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(c) Lobbying and Earmarks.--No Federal student aid funding
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
may be used to hire a registered lobbyist or pay any person or
entity for securing an earmark.
(d) Certification.--Each institution of higher education or
other postsecondary educational institution receiving Federal
funding under the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), as a condition for receiving such funding, shall
annually certify to the Secretary of Education that the
requirements of subsections (a) through (c) have been met.
(e) Actions To Implement and Enforce.--The Secretary of
Education shall take such actions as are necessary to ensure
that the provisions of this section are implemented and
enforced.
SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.
Title I (as amended by this title) (20 U.S.C. 1001 et seq.)
is further amended by adding at the end the following:
``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATION
LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Agent.--The term `agent' means an officer or
employee of a covered institution or an institution-
affiliated organization.
``(2) Covered institution.--The term `covered
institution' means any institution of higher education,
as such term is defined in section 102, that receives
any Federal funding or assistance.
``(3) Education loan.--The term `education loan'
(except when used as part of the term `private
education loan') means--
``(A) any loan made, insured, or guaranteed
under part B of title IV;
``(B) any loan made under part D of title
IV; or
``(C) a private education loan.
``(4) Eligible lender.--The term `eligible lender'
has the meaning given such term in section 435(d).
``(5) Institution-affiliated organization.--The
term `institution-affiliated organization'--
``(A) means any organization that--
``(i) is directly or indirectly
related to a covered institution; and
``(ii) is engaged in the practice
of recommending, promoting, or
endorsing education loans for students
attending such covered institution or
the families of such students;
``(B) may include an alumni organization,
athletic organization, foundation, or social,
academic, or professional organization, of a
covered institution; and
``(C) notwithstanding subparagraphs (A) and
(B), does not include any lender with respect
to any education loan secured, made, or
extended by such lender.
``(6) Lender.--The term `lender' (except when used
as part of the terms `eligible lender' and `private
educational lender')--
``(A) means--
``(i) in the case of a loan made,
insured, or guaranteed under part B of
title IV, an eligible lender;
``(ii) in the case of any loan
issued or provided to a student under
part D of title IV, the Secretary; and
``(iii) in the case of a private
education loan, a private educational
lender as defined in section 140 of the
Truth in Lending Act; and
``(B) includes any other person engaged in
the business of securing, making, or extending
education loans on behalf of the lender.
``(7) Officer.--The term `officer' includes a
director or trustee of a covered institution or
institution-affiliated organization, if such individual
is treated as an employee of such covered institution
or institution-affiliated organization, respectively.
``(8) Preferred lender arrangement.--The term
`preferred lender arrangement'--
``(A) means an arrangement or agreement
between a lender and a covered institution or
an institution-affiliated organization of such
covered institution--
``(i) under which a lender provides
or otherwise issues education loans to
the students attending such covered
institution or the families of such
students; and
``(ii) that relates to such covered
institution or such institution-
affiliated organization recommending,
promoting, or endorsing the education
loan products of the lender; and
``(B) does not include--
``(i) arrangements or agreements
with respect to loans under part D of
title IV; or
``(ii) arrangements or agreements
with respect to loans that originate
through the auction pilot program under
section 499(b).
``(9) Private education loan.--The term `private
education loan' has the meaning given the term in
section 140 of the Truth in Lending Act.
``SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITUTION-
AFFILIATED ORGANIZATIONS, AND LENDERS.
``(a) Responsibilities of Covered Institutions and
Institution-Affiliated Organizations.--
``(1) Disclosures by covered institutions and
institution-affiliated organizations.--
``(A) Preferred lender arrangement
disclosures.--In addition to the disclosures
required by subsections (a)(27) and (h) of
section 487 (if applicable), a covered
institution, or an institution-affiliated
organization of such covered institution, that
participates in a preferred lender arrangement
shall disclose--
``(i) on such covered institution's
or institution-affiliated
organization's website and in all
informational materials described in
subparagraph (C) that describe or
discuss education loans--
``(I) the maximum amount of
Federal grant and loan aid
under title IV available to
students, in an easy to
understand format;
``(II) the information
required to be disclosed
pursuant to section
153(a)(2)(A)(i), for each type
of loan described in section
151(3)(A) that is offered
pursuant to a preferred lender
arrangement of the institution
or organization to students of
the institution or the families
of such students; and
``(III) a statement that
such institution is required to
process the documents required
to obtain a loan under part B
of title IV from any eligible
lender the student selects; and
``(ii) on such covered
institution's or institution-affiliated
organization's website and in all
informational materials described in
subparagraph (C) that describe or
discuss private education loans--
``(I) in the case of a
covered institution, the
information that the Board of
Governors of the Federal
Reserve System requires to be
disclosed under section
128(e)(11) of the Truth in
Lending Act (15 U.S.C.
1638(e)(11)), for each type of
private education loan offered
pursuant to a preferred lender
arrangement of the institution
to students of the institution
or the families of such
students; and
``(II) in the case of an
institution-affiliated
organization of a covered
institution, the information
the Board of Governors of the
Federal Reserve System requires
to be disclosed under section
128(e)(1) of the Truth in
Lending Act (15 U.S.C.
1638(e)(1)), for each type of
private education loan offered
pursuant to a preferred lender
arrangement of the organization
to students of such institution
or the families of such
students.
``(B) Private education loan disclosures.--
A covered institution, or an institution-
affiliated organization of such covered
institution, that provides information
regarding a private education loan from a
lender to a prospective borrower shall--
``(i) provide the prospective
borrower with the information the Board
of Governors of the Federal Reserve
System requires to be disclosed under
section 128(e)(1) of the Truth in
Lending Act (15 U.S.C. 1638(e)(1)) for
such loan;
``(ii) inform the prospective
borrower that--
``(I) the prospective
borrower may qualify for loans
or other assistance under title
IV; and
``(II) the terms and
conditions of loans made,
insured, or guaranteed under
title IV may be more favorable
than the provisions of private
education loans; and
``(iii) ensure that information
regarding private education loans is
presented in such a manner as to be
distinct from information regarding
loans that are made, insured, or
guaranteed under title IV.
``(C) Informational materials.--The
informational materials described in this
subparagraph are publications, mailings, or
electronic messages or materials that--
``(i) are distributed to
prospective or current students of a
covered institution and families of
such students; and
``(ii) describe or discuss the
financial aid opportunities available
to students at an institution of higher
education.
``(2) Use of institution name.--A covered
institution, or an institution-affiliated organization
of such covered institution, that enters into a
preferred lender arrangement with a lender regarding
private education loans shall not agree to the lender's
use of the name, emblem, mascot, or logo of such
institution or organization, or other words, pictures,
or symbols readily identified with such institution or
organization, in the marketing of private education
loans to students attending such institution in any way
that implies that the loan is offered or made by such
institution or organization instead of the lender.
``(3) Use of lender name.--A covered institution,
or an institution-affiliated organization of such
covered institution, that enters into a preferred
lender arrangement with a lender regarding private
education loans shall ensure that the name of the
lender is displayed in all information and
documentation related to such loans.
``(b) Lender Responsibilities.--
``(1) Disclosures by lenders.--
``(A) Disclosures to borrowers.--
``(i) Federal education loans.--For
each education loan that is made,
insured, or guaranteed under part B or
D of title IV (other than a loan made
under section 428C or a Federal Direct
Consolidation Loan), at or prior to the
time the lender disburses such loan,
the lender shall provide the
prospective borrower or borrower, in
writing (including through electronic
means), with the disclosures described
in subsections (a) and (c) of section
433.
``(ii) Private education loans.--
For each of a lender's private
education loans, the lender shall
comply with the disclosure requirements
under section 128(e) of the Truth in
Lending Act (15 U.S.C. 1638(e)).
``(B) Disclosures to the secretary.--
``(i) In general.--Each lender of a
loan made, insured, or guaranteed under
part B of title IV shall, on an annual
basis, report to the Secretary--
``(I) any reasonable
expenses paid or provided under
section 435(d)(5)(D) or
paragraph (3)(B) or (7) of
section 487(e) to any agent of
a covered institution who--
``(aa) is employed
in the financial aid
office of a covered
institution; or
``(bb) otherwise
has responsibilities
with respect to
education loans or
other financial aid of
the institution; and
``(II) any similar expenses
paid or provided to any agent
of an institution-affiliated
organization who is involved in
the practice of recommending,
promoting, or endorsing
education loans.
``(ii) Contents of reports.--Each
report described in clause (i) shall
include--
``(I) the amount for each
specific instance in which the
lender provided such expenses;
``(II) the name of any
agent described in clause (i)
to whom the expenses were paid
or provided;
``(III) the dates of the
activity for which the expenses
were paid or provided; and
``(IV) a brief description
of the activity for which the
expenses were paid or provided.
``(iii) Report to congress.--The
Secretary shall summarize the
information received from the lenders
under this subparagraph in a report and
transmit such report annually to the
authorizing committees.
``(2) Certification by lenders.--Not later than 18
months after the date of enactment of the Higher
Education Opportunity Act--
``(A) in addition to any other disclosure
required under Federal law, each lender of a
loan made, insured, or guaranteed under part B
of title IV that participates in one or more
preferred lender arrangements shall annually
certify the lender's compliance with the
requirements of this Act; and
``(B) if an audit of a lender is required
pursuant to section 428(b)(1)(U)(iii), the
lender's compliance with the requirements under
this section shall be reported on and attested
to annually by the auditor of such lender.
``SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM
FOR COVERED INSTITUTIONS, INSTITUTION-AFFILIATED
ORGANIZATIONS, AND LENDERS PARTICIPATING IN
PREFERRED LENDER ARRANGEMENTS.
``(a) Duties of the Secretary.--
``(1) Determination of minimum disclosures.--
``(A) In general.--Not later than 18 months
after the date of enactment of the Higher
Education Opportunity Act, the Secretary, in
coordination with the Board of Governors of the
Federal Reserve System, shall determine the
minimum information that lenders, covered
institutions, and institution-affiliated
organizations of such covered institutions
participating in preferred lender arrangements
shall make available regarding education loans
described in section 151(3)(A) that are offered
to students and the families of such students.
``(B) Consultation and content of minimum
disclosures.--In carrying out subparagraph (A),
the Secretary shall--
``(i) consult with students, the
families of such students,
representatives of covered institutions
(including financial aid
administrators, admission officers, and
business officers), representatives of
institution-affiliated organizations,
secondary school guidance counselors,
lenders, loan servicers, and guaranty
agencies;
``(ii) include, in the minimum
information under subparagraph (A) that
is required to be made available, the
information that the Board of Governors
of the Federal Reserve System requires
to be disclosed under section 128(e)(1)
of the Truth in Lending Act (15 U.S.C.
1638(e)(1)), modified as necessary to
apply to such loans; and
``(iii) consider the merits of
requiring each covered institution, and
each institution-affiliated
organization of such covered
institution, with a preferred lender
arrangement to provide to prospective
borrowers and the families of such
borrowers the following information for
each type of education loan offered
pursuant to such preferred lender
arrangement:
``(I) The interest rate and
terms and conditions of the
loan for the next award year,
including loan forgiveness and
deferment.
``(II) Information on any
charges, such as origination
and Federal default fees, that
are payable on the loan, and
whether those charges will be--
``(aa) collected by
the lender at or prior
to the disbursal of the
loan, including whether
the charges will be
deducted from the
proceeds of the loan or
paid separately by the
borrower; or
``(bb) paid in
whole or in part by the
lender.
``(III) The annual and
aggregate maximum amounts that
may be borrowed.
``(IV) The average amount
borrowed from the lender by
students who graduated from
such institution in the
preceding year with
certificates, undergraduate
degrees, graduate degrees, and
professional degrees, as
applicable, and who obtained
loans of such type from the
lender for the preceding year.
``(V) The amount the
borrower may pay in interest,
based on a standard repayment
plan and the average amount
borrowed from the lender by
students who graduated from
such institution in the
preceding year and who obtained
loans of such type from the
lender for the preceding year,
for--
``(aa) borrowers
who take out loans
under section 428;
``(bb) borrowers
who take out loans
under section 428B or
428H, who pay the
interest while in
school; and
``(cc) borrowers
who take out loans
under section 428B or
428H, who do not pay
the interest while in
school.
``(VI) The consequences for
the borrower of defaulting on a
loan, including limitations on
the discharge of an education
loan in bankruptcy.
``(VII) Contact information
for the lender.
``(VIII) Other information
suggested by the persons and
entities with whom the
Secretary has consulted under
clause (i).
``(2) Required disclosures.--After making the
determinations under paragraph (1), the Secretary, in
coordination with the Board of Governors of the Federal
Reserve System and after consultation with the public,
shall--
``(A)(i) provide that the information
determined under paragraph (1) shall be
disclosed by covered institutions, and
institution-affiliated organizations of such
covered institutions, with preferred lender
arrangements to prospective borrowers and the
families of such borrowers regarding the
education loans described in section 151(3)(A)
that are offered pursuant to such preferred
lender arrangements; and
``(ii) make clear that such covered
institutions and institution-affiliated
organizations may provide the required
information on a form designed by the
institution or organization instead of the
model disclosure form described in subparagraph
(B);
``(B) develop a model disclosure form that
may be used by covered institutions,
institution-affiliated organizations, and
preferred lenders that includes all of the
information required under subparagraph (A)(i)
in a format that--
``(i) is easily usable by students,
families, institutions, institution-
affiliated organizations, lenders, loan
servicers, and guaranty agencies; and
``(ii) is similar in format to the
form developed by the Board of
Governors of the Federal Reserve System
under paragraphs (1) and (5)(A) of
section 128(e), in order to permit
students and the families of students
to easily compare private education
loans and education loans described in
section 151(3)(A); and
``(C) update such model disclosure form
periodically, as necessary.
``(b) Duties of Lenders.--Each lender that has a preferred
lender arrangement with a covered institution, or an
institution-affiliated organization of such covered
institution, with respect to education loans described in
section 151(3)(A) shall annually, by a date determined by the
Secretary, provide to such covered institution or such
institution-affiliated organization, and to the Secretary, the
information the Secretary requires pursuant to subsection
(a)(2)(A)(i) for each type of education loan described in
section 151(3)(A) that the lender plans to offer pursuant to
such preferred lender arrangement to students attending such
covered institution, or to the families of such students, for
the next award year.
``(c) Duties of Covered Institutions and Institution-
Affiliated Organizations.--
``(1) Providing information to students and
families.--
``(A) In general.--Each covered
institution, and each institution-affiliated
organization of such covered institution, that
has a preferred lender arrangement shall
provide the following information to students
attending such institution, or the families of
such students, as applicable:
``(i) The information the Secretary
requires pursuant to subsection
(a)(2)(A)(i), for each type of
education loan described in section
151(3)(A) offered pursuant to a
preferred lender arrangement to
students of such institution or the
families of such students.
``(ii)(I) In the case of a covered
institution, the information that the
Board of Governors of the Federal
Reserve System requires to be disclosed
under section 128(e)(11) of the Truth
in Lending Act (15 U.S.C. 1638(e)(11))
to the covered institution, for each
type of private education loan offered
pursuant to such preferred lender
arrangement to students of such
institution or the families of such
students.
``(II) In the case of an
institution-affiliated organization,
the information the Board of Governors
of the Federal Reserve System requires
to be disclosed under section 128(e)(1)
of the Truth in Lending Act (15 U.S.C.
1638(e)(1)), for each type of private
education loan offered pursuant to such
preferred lender arrangement to
students of the institution with which
such organization is affiliated or the
families of such students.
``(B) Timely provision of information.--The
information described in subparagraph (A) shall
be provided in a manner that allows for the
students or the families to take such
information into account before selecting a
lender or applying for an education loan.
``(2) Annual report.--Each covered institution, and
each institution-affiliated organization of such
covered institution, that has a preferred lender
arrangement, shall--
``(A) 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 such
covered institution or organization--
``(i) the information described in
clauses (i) and (ii) of paragraph
(1)(A); and
``(ii) a detailed explanation of
why such covered institution or
institution-affiliated organization
entered into a preferred lender
arrangement with the lender, including
why the terms, conditions, and
provisions of each type of education
loan provided pursuant to the preferred
lender arrangement are beneficial for
students attending such institution, or
the families of such students, as
applicable; and
``(B) ensure that the report required under
subparagraph (A) is made available to the
public and provided to students attending or
planning to attend such covered institution and
the families of such students.
``(3) Code of conduct.--
``(A) In general.--Each covered
institution, and each institution-affiliated
organization of such covered institution, that
has a preferred lender arrangement, shall
comply with the code of conduct requirements of
subparagraphs (A) through (C) of section
487(a)(25).
``(B) Applicable code of conduct.--For
purposes of subparagraph (A), an institution-
affiliated organization of a covered
institution shall--
``(i) comply with the code of
conduct developed and published by such
covered institution under subparagraphs
(A) and (B) of section 487(a)(25);
``(ii) if such institution-
affiliated organization has a website,
publish such code of conduct
prominently on the website; and
``(iii) administer and enforce such
code of conduct by, at a minimum,
requiring that all of such
organization's agents with
responsibilities with respect to
education loans be annually informed of
the provisions of such code of conduct.
``SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM
FOR INSTITUTIONS PARTICIPATING IN THE WILLIAM D.
FORD FEDERAL DIRECT LOAN PROGRAM.
``(a) Provision of Disclosures to Institutions by the
Secretary.--Not later than 180 days after the development of
the model disclosure form under section 153(a)(2)(B), the
Secretary shall provide each institution of higher education
participating in the William D. Ford Direct Loan Program under
part D of title IV with a completed model disclosure form
including the same information for Federal Direct Stafford
Loans, Federal Direct Unsubsidized Stafford Loans, and Federal
Direct PLUS loans made to, or on behalf of, students attending
each such institution as is required on such form for loans
described in section 151(3)(A).
``(b) Duties of Institutions.--
``(1) In general.--Each institution of higher
education participating in the William D. Ford Direct
Loan Program under part D of title IV shall--
``(A) make the information the Secretary
provides to the institution under subsection
(a) available to students attending or planning
to attend the institution, or the families of
such students, as applicable; and
``(B) if the institution provides
information regarding a private education loan
to a prospective borrower, concurrently provide
such borrower with the information the
Secretary provides to the institution under
subsection (a).
``(2) Choice of forms.--In providing the
information required under paragraph (1), an
institution of higher education may use a comparable
form designed by the institution instead of the model
disclosure form developed under section
153(a)(2)(B).''.
TITLE II--TEACHER QUALITY ENHANCEMENT
SEC. 201. TEACHER QUALITY ENHANCEMENT.
Title II (20 U.S.C. 1021 et seq.) is amended--
(1) by inserting before part A the following:
``SEC. 200. DEFINITIONS.
``In 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 one 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
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 educator.--The term `early
childhood educator' means an individual with primary
responsibility for the education of children in an
early childhood education program.
``(5) 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.
``(6) Eligible partnership.--Except as otherwise
provided in section 251, the term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational
agency;
``(ii)(I) a high-need school or a
consortium of high-need schools served
by the high-need local educational
agency; or
``(II) 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, which may include
an existing teacher professional
development program with proven
outcomes within a four-year institution
of higher education that provides
intensive and sustained collaboration
between faculty and local educational
agencies consistent with the
requirements of this title; 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.
``(7) Essential components of reading
instruction.--The term `essential components of reading
instruction' has the meaning given the term in section
1208 of the Elementary and Secondary Education Act of
1965.
``(8) Exemplary teacher.--The term `exemplary
teacher' has the meaning given the 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;
``(iii) that meets the eligibility
requirements for funding under the Small, Rural
School Achievement Program under section
6211(b) of the Elementary and Secondary
Education Act of 1965; or
``(iv) that meets the eligibility
requirements for funding under the Rural and
Low-Income School Program under section 6221(b)
of the Elementary and Secondary Education Act
of 1965; 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.--
``(A) In general.--The term `high-need
school' means a school that, based on the most
recent data available, meets one or both of the
following:
``(i) The school is in the highest
quartile of schools in a ranking of all
schools served by a local educational
agency, ranked in descending order by
percentage of students from low-income
families enrolled in such schools, as
determined by the local educational
agency based on one of the following
measures of poverty:
``(I) The percentage of
students aged 5 through 17 in
poverty counted in the most
recent census data approved by
the Secretary.
``(II) The percentage of
students eligible for a free or
reduced price school lunch
under the Richard B. Russell
National School Lunch Act.
``(III) The percentage of
students in families receiving
assistance under the State
program funded under part A of
title IV of the Social Security
Act.
``(IV) The percentage of
students eligible to receive
medical assistance under the
Medicaid program.
``(V) A composite of two or
more of the measures described
in subclauses (I) through (IV).
``(ii) In the case of--
``(I) an elementary school,
the school serves students not
less than 60 percent of whom
are eligible for a free or
reduced price school lunch
under the Richard B. Russell
National School Lunch Act; or
``(II) any other school
that is not an elementary
school, the other school serves
students not less than 45
percent of whom are eligible
for a free or reduced price
school lunch under the Richard
B. Russell National School
Lunch Act.
``(B) Special rule.--
``(i) Designation by the
secretary.--The Secretary may, upon
approval of an application submitted by
an eligible partnership seeking a grant
under this title, designate a school
that does not qualify as a high-need
school under subparagraph (A) as a
high-need school for the purpose of
this title. The Secretary shall base
the approval of an application for
designation of a school under this
clause on a consideration of the
information required under clause (ii),
and may also take into account other
information submitted by the eligible
partnership.
``(ii) Application requirements.--
An application for designation of a
school under clause (i) shall include--
``(I) the number and
percentage of students
attending such school who are--
``(aa) aged 5
through 17 in poverty
counted in the most
recent census data
approved by the
Secretary;
``(bb) eligible for
a free or reduced price
school lunch under the
Richard B. Russell
National School Lunch
Act;
``(cc) in families
receiving assistance
under the State program
funded under part A of
title IV of the Social
Security Act; or
``(dd) eligible to
receive medical
assistance under the
Medicaid program;
``(II) information about
the student academic
achievement of students at such
school; and
``(III) for a secondary
school, the graduation rate for
such school.
``(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) Induction program.--The term `induction
program' means a formalized program for new teachers
during not less than the teachers' first two 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 teachers in the same
department or field, including mentor teachers,
as well as time for information-sharing among
teachers, principals, administrators, other
appropriate instructional staff, 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 on 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 applicability of such data in classroom
instruction.
``(I) Regular and structured observation
and evaluation of new teachers by multiple
evaluators, using valid and reliable measures
of teaching skills.
``(15) Limited english proficient.--The term
`limited English proficient' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(16) Parent.--The term `parent' has the meaning
given the term in section 9101 of the Elementary and
Secondary Education Act of 1965.
``(17) Partner institution.--The term `partner
institution' means an institution of higher education,
which may include a two-year institution of higher
education offering a dual program with a four-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) before the first
publication of such report
card; 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;
and
``(B) that requires--
``(i) each student in the program
to meet high academic standards or
demonstrate a record of success, as
determined by the institution
(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.
``(18) Principles of scientific research.--The term
`principles of scientific research' means principles of
research that--
``(A) apply rigorous, systematic, and
objective methodology to obtain reliable and
valid knowledge relevant to education
activities and programs;
``(B) present findings and make claims that
are appropriate to, and supported by, the
methods that have been employed; and
``(C) include, appropriate to the research
being conducted--
``(i) use of systematic, empirical
methods that draw on observation or
experiment;
``(ii) use of data analyses that
are adequate to support the general
findings;
``(iii) reliance on measurements or
observational methods that provide
reliable and generalizable findings;
``(iv) strong claims of causal
relationships, only with research
designs that eliminate plausible
competing explanations for observed
results, such as, but not limited to,
random-assignment experiments;
``(v) presentation of studies and
methods in sufficient detail and
clarity to allow for replication or, at
a minimum, to offer the opportunity to
build systematically on the findings of
the research;
``(vi) acceptance by a peer-
reviewed journal or critique by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review; and
``(vii) consistency of findings
across multiple studies or sites to
support the generality of results and
conclusions.
``(19) Professional development.--The term
`professional development' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(20) 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 principles of
scientific research.
``(21) Teacher mentoring.--The term `teacher
mentoring' means the mentoring of new or prospective
teachers through a 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 (including approaches that
improve the schoolwide climate for learning,
which may include positive behavioral
interventions and supports);
``(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, as applicable;
``(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.
``(22) Teaching residency program.--The term
`teaching residency program' means a school-based
teacher preparation program in which a prospective
teacher--
``(A) for one 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 courses may
be 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.
``(23) 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) effectively teach higher-order
analytical, evaluation, problem-solving, and
communication skills;
``(D) 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;
``(E) 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 measures higher-
order thinking skills (including application,
analysis, synthesis, and evaluation);
``(F) effectively manage a classroom,
including the ability to implement positive
behavioral interventions and support
strategies;
``(G) communicate and work with parents,
and involve parents in their children's
education; and
``(H) use, in the case of an early
childhood educator, age-appropriate and
developmentally appropriate strategies and
practices for children in early childhood
education programs.'';
(2) by striking part A and inserting the following:
``PART A--TEACHER QUALITY PARTNERSHIP GRANTS
``SEC. 201. PURPOSES.
``The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of prospective and new
teachers by improving the preparation of prospective
teachers and enhancing professional development
activities for new teachers;
``(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.
``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 the partners in the
eligible partnership with respect to the preparation,
ongoing training, professional development, and
retention of general education and special education
teachers, principals, and, as applicable, early
childhood educators;
``(2) a description of the extent to which the
program to be carried out with grant funds, as
described in subsection (c), will prepare prospective
and new teachers with strong teaching skills;
``(3) a description of how such program will
prepare prospective and new teachers to understand and
use research and data to modify and improve classroom
instruction;
``(4) a description of--
``(A) how the eligible partnership will
coordinate strategies and activities assisted
under the grant with other teacher preparation
or professional development programs, including
programs funded under the Elementary and
Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act,
and through the National Science Foundation;
and
``(B) how the activities of the partnership
will be consistent with State, local, and other
education reform activities that promote
teacher quality and student academic
achievement;
``(5) an assessment that describes the resources
available to the eligible partnership, including--
``(A) the integration of funds from other
related sources;
``(B) the intended use of the grant funds;
and
``(C) the commitment of the resources of
the partnership to the activities assisted
under this section, including financial
support, faculty participation, and time
commitments, and to the continuation of the
activities when the grant ends;
``(6) a description of--
``(A) how the eligible 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
academic achievement;
``(C) if the partnership chooses to use
funds under this section for a project or
activities under subsection (f) or (g), how the
partnership will carry out such project or
required activities based on the needs
identified in paragraph (1), with the goal of
improving student academic achievement;
``(D) the partnership's evaluation plan
under section 204(a);
``(E) how the partnership will align the
teacher preparation program under subsection
(c) 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;
``(F) 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;
``(G) how the partnership will prepare
general education and special education
teachers to teach students who are limited
English proficient;
``(H) how faculty at the partner
institution will work, during the term of the
grant, with highly qualified teachers in the
classrooms of high-need schools served by the
high-need local educational agency in the
partnership to--
``(i) provide high-quality
professional development activities to
strengthen the content knowledge and
teaching skills of elementary school
and secondary school teachers; and
``(ii) train other classroom
teachers to implement literacy programs
that incorporate the essential
components of reading instruction;
``(I) how the partnership will design,
implement, or enhance a year-long and rigorous
teaching preservice clinical program component;
``(J) how the partnership will support in-
service professional development strategies and
activities; and
``(K) how the partnership will collect,
analyze, and use data on the retention of all
teachers and early childhood educators in
schools and early childhood education 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 demonstration that the schools and
departments within the institution of higher
education that are part of the induction
program will effectively prepare teachers,
including providing content expertise and
expertise in teaching, as appropriate;
``(B) a demonstration of the eligible
partnership's capability and commitment to, and
the accessibility to and involvement of faculty
in, the use of empirically-based practice and
scientifically valid research on teaching and
learning;
``(C) a description of how the teacher
preparation program will design and implement
an induction program to support, through not
less than the first two years of teaching, all
new teachers who are prepared by the teacher
preparation program in the partnership and who
teach in the high-need local educational agency
in the partnership, and, to the extent
practicable, all new teachers who teach in such
high-need local educational agency, 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; and
``(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 school or
secondary school classroom setting, as
applicable, including release time and
receiving workload credit for such
participation.
``(c) Use of Grant Funds.--An eligible partnership that
receives a grant under this section--
``(1) 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), or a combination of such programs; and
``(2) may use grant funds to carry out a leadership
development program under subsection (f).
``(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) new or prospective
teachers to be highly qualified
(including teachers in rural
school districts who may teach
multiple subjects, special
educators, and teachers of
students who are limited
English proficient who may
teach multiple subjects);
``(II) such teachers and,
as applicable, early childhood
educators, to understand
empirically-based practice and
scientifically valid research
related to teaching and
learning and the applicability
of such practice and research,
including through the effective
use of technology,
instructional techniques, and
strategies consistent with the
principles of universal design
for learning, and through
positive behavioral
interventions and 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
teaching and learning so that all
prospective teachers and, as
applicable, early childhood educators--
``(I) understand and can
implement research-based
teaching practices in classroom
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 classroom
instruction;
``(IV) possess teaching
skills and an understanding of
effective instructional
strategies across all
applicable content areas that
enable general education 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 as a member of the
individualized education
program team, 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
prospective 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 and for individuals
preparing to teach students with
disabilities as described in section
602(10)(D) of the Individuals with
Disabilities Education Act;
``(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 and
curriculum changes, as applicable, to
ensure that prospective teachers have
the requisite content knowledge,
preparation, and degree to teach
Advanced Placement or International
Baccalaureate courses successfully.
``(2) Clinical experience and interaction.--
Developing and improving a sustained and high-quality
preservice 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, 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 prospective
teachers and faculty, experienced
teachers, principals, other
administrators, and school leaders 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.
``(C) Provide high-quality teacher
mentoring.
``(D) Be offered over the course of a
program of teacher preparation.
``(E) Be tightly aligned with course work
(and may be developed as a fifth year of a
teacher preparation program).
``(F) Where feasible, allow prospective
teachers to learn to teach in the same local
educational agency in which the teachers will
work, learning the instructional initiatives
and curriculum of that local educational
agency.
``(G) As applicable, provide training and
experience to enhance the teaching skills of
prospective teachers to better prepare such
teachers to meet the unique needs of teaching
in rural or urban communities.
``(H) Provide support and training for
individuals participating in an activity for
prospective or new teachers described in this
paragraph or paragraph (1) or (3), and for
individuals 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 performance
pay, based on the mentor's extra skills
and responsibilities.
``(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.
``(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) individuals from under represented
populations;
``(B) individuals to teach in rural
communities and teacher shortage areas,
including mathematics, science, special
education, and the instruction of limited
English proficient students; and
``(C) mid-career professionals from other
occupations, former military personnel, and
recent college graduates with a record of
academic distinction.
``(6) Literacy training.--Strengthening the
literacy teaching skills of prospective and, as
applicable, new elementary school and secondary school
teachers--
``(A) to implement literacy programs that
incorporate the essential components of reading
instruction;
``(B) to use screening, diagnostic,
formative, and summative assessments to
determine students' literacy levels,
difficulties, and growth in order to improve
classroom instruction and improve student
reading and writing skills;
``(C) to provide individualized, intensive,
and targeted literacy instruction for students
with deficiencies in literacy skills; and
``(D) to integrate literacy skills in the
classroom across subject areas.
``(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) Placing 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 who
participate in the teaching residency program
receive--
``(i) effective preservice
preparation as described in paragraph
(2);
``(ii) teacher mentoring;
``(iii) support required 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 paragraph 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 coursework;
``(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 new 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 be relieved
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, but not limited to, observations of
the following:
``(I) Planning and
preparation, including
demonstrated knowledge of
content, pedagogy, and
assessment, including the use
of formative and diagnostic
assessments to improve student
learning.
``(II) Appropriate
instruction that engages
students with different
learning styles.
``(III) Collaboration with
colleagues to improve
instruction.
``(IV) Analysis of gains in
student learning, based on
multiple measures that are
valid and reliable and that,
when feasible, may include
valid, reliable, and 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 new or prospective
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--
``(I) that are aligned with
the hiring objectives of the
local educational agency
partnering with the program, as
well as the instructional
initiatives and curriculum of
such agency, in exchange for a
commitment by such agency to
hire qualified graduates from
the teaching residency program;
and
``(II) 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.
``(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 two years of teaching.
``(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 paragraph, an
individual shall--
``(I) be a recent graduate
of a four-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) Stipends or salaries; applications;
agreements; repayments.--
``(i) Stipends or salaries.--A
teaching residency program under this
subsection shall provide a one-year
living stipend or salary to teaching
residents during the one-year teaching
residency program.
``(ii) Applications for stipends or
salaries.--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 three academic years
immediately after successfully
completing the one-year
teaching residency program;
``(II) fulfill the
requirement under subclause (I)
by teaching in a high-need
school served by the high-need
local educational agency in the
eligible partnership and teach
a subject or area that is
designated as high need by the
partnership;
``(III) provide to the
eligible partnership a
certificate, from the chief
administrative officer of the
local educational agency in
which the resident is employed,
of the employment required in
subclauses (I) and (II) at the
beginning of, and upon
completion of, each year or
partial year of service;
``(IV) meet the
requirements to be a highly
qualified teacher, as defined
in section 9101 of the
Elementary and Secondary
Education Act of 1965, or
section 602 of the Individuals
with Disabilities Education
Act, when the applicant begins
to fulfill the service
obligation under this clause;
and
``(V) 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.--A
grantee carrying out a teaching
residency program under this
paragraph shall require a
recipient of a stipend or
salary under clause (i) who
does not complete, or who
notifies the partnership that
the recipient intends not to
complete, the service
obligation required by clause
(iii) to repay such stipend or
salary to the eligible
partnership, together with
interest, at a rate specified
by the partnership in the
agreement, 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 pro-rata repayment of the
stipend or salary described in
clause (i) or 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, being called to
active duty in the Armed Forces
of the United States, 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.
``(f) Partnership Grants for the Development of Leadership
Programs.--
``(1) In general.--An eligible partnership that
receives a grant under this section may carry out an
effective school leadership program, which may be
carried out in partnership with a local educational
agency located in a rural area and that shall include
all of the following activities:
``(A) Preparing individuals enrolled or
preparing to enroll in school leadership
programs for careers as superintendents,
principals, early childhood education program
directors, or other school leaders (including
individuals preparing to work in local
educational agencies located in rural areas who
may perform multiple duties in addition to the
role of a school leader).
``(B) Promoting strong leadership skills
and, as applicable, techniques for school
leaders to effectively--
``(i) create and maintain a data-
driven, professional learning community
within the leader's school;
``(ii) provide a climate conducive
to the professional development of
teachers, with a focus on improving
student academic achievement and the
development of effective instructional
leadership skills;
``(iii) understand the teaching and
assessment skills needed to support
successful classroom instruction and to
use data to evaluate teacher
instruction and drive teacher and
student learning;
``(iv) manage resources and school
time to improve student academic
achievement and ensure the school
environment is safe;
``(v) engage and involve parents,
community members, the local
educational agency, businesses, and
other community leaders, to leverage
additional resources to improve student
academic achievement; and
``(vi) understand how students
learn and develop in order to increase
academic achievement for all students.
``(C) Ensuring that individuals who
participate in the school leadership program
receive--
``(i) effective preservice
preparation as described in
subparagraph (D);
``(ii) mentoring; and
``(iii) if applicable, full State
certification or licensure to become a
school leader.
``(D) Developing and improving a sustained
and high-quality preservice clinical education
program to further develop the leadership
skills of all prospective school leaders
involved in the program. Such clinical
education program shall do the following:
``(i) Incorporate year-long
opportunities for enrichment,
including--
``(I) clinical learning in
high-need schools served by the
high-need local educational
agency or a local educational
agency located in a rural area
in the eligible partnership and
identified by the eligible
partnership; and
``(II) closely supervised
interaction between prospective
school leaders and faculty, new
and experienced teachers, and
new and experienced school
leaders, in such high-need
schools.
``(ii) Integrate pedagogy and
practice and promote effective
leadership skills, meeting the unique
needs of urban, rural, or
geographically isolated communities, as
applicable.
``(iii) Provide for mentoring of
new school leaders.
``(E) Creating an induction program for new
school leaders.
``(F) Developing and implementing effective
mechanisms to ensure that the eligible
partnership is able to recruit qualified
individuals to become school leaders through
the activities of the eligible partnership,
which may include an emphasis on recruiting
into school leadership professions--
``(i) individuals from
underrepresented populations;
``(ii) individuals to serve as
superintendents, principals, or other
school administrators in rural and
geographically isolated communities and
school leader shortage areas; and
``(iii) mid-career professionals
from other occupations, former military
personnel, and recent college graduates
with a record of academic distinction.
``(2) Selection of individuals for the leadership
program.--In order to be eligible for the school
leadership program under this subsection, an individual
shall be enrolled in or preparing to enroll in an
institution of higher education, and shall--
``(A) be a--
``(i) recent graduate of an
institution of higher education;
``(ii) mid-career professional from
outside the field of education with
strong content knowledge or a record of
professional accomplishment;
``(iii) current teacher who is
interested in becoming a school leader;
or
``(iv) school leader who is
interested in becoming a
superintendent; and
``(B) submit an application to the
leadership program.
``(g) Partnership With Digital Education Content
Developer.--An eligible partnership that receives a grant under
this section may use grant funds provided to carry out the
activities described in subsection (d) or (e), or both, to
partner with a television public broadcast station, as defined
in section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6)), or another entity that develops digital educational
content, for the purpose of improving the quality of pre-
baccalaureate teacher preparation programs or to enhance the
quality of preservice training for prospective teachers.
``(h) Evaluation and Reporting.--The Secretary shall--
``(1) evaluate the programs assisted under this
section; and
``(2) make publicly available a report detailing
the Secretary's evaluation of each such program.
``(i) 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 carried out under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation as described in paragraph (1),
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 the eligible partnership submits to the
Secretary a written consent of such changes signed by
all members of the eligible partnership.
``(j) 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.
``(k) Supplement, Not Supplant.--Funds made available under
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 five years.
``(2) Number of awards.--An eligible partnership
may not receive more than one grant during a five-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
five-year period described in the preceding sentence
applicable to the eligible partnership with which the
individual member has first partnered has expired.
``(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.--The Secretary, in funding
applications under this part, shall give priority--
``(A) to eligible 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 program; 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 grant amounts, 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 two percent of the funds provided to administer 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 and measurable performance
objectives. The plan shall include objectives and measures for
increasing--
``(1) achievement for all prospective and new
teachers, as measured by the eligible partnership;
``(2) teacher retention in the first three 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 highly qualified teachers
hired by the high-need local educational agency who are
members of underrepresented groups;
``(C) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach high-need academic subject areas (such as
reading, mathematics, science, and foreign language,
including less commonly taught languages and critical
foreign languages);
``(D) the percentage of highly qualified teachers
hired by the high-need local educational agency 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 highly qualified teachers
hired by the high-need local educational agency who
teach in high-need schools, disaggregated by the
elementary school and secondary 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 percentage of teachers
trained--
``(i) to integrate technology effectively
into curricula and instruction, including
technology consistent with the principles of
universal design for learning; and
``(ii) to use technology effectively to
collect, manage, and analyze data to improve
teaching and learning 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, faculty, and leadership at institutions
of higher education located in the geographic areas served by
the eligible partnership are provided information, including
through electronic means, about the activities carried out with
funds under this part.
``(c) Revised Application.--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 of the grant, as appropriate,
by the end of the third year of a grant under this part, then
the Secretary--
``(1) shall cancel the grant; and
``(2) may use any funds returned or available
because of such cancellation under paragraph (1) to--
``(A) increase other grant awards under
this part; or
``(B) award new grants to other eligible
partnerships under 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, the following:
``(A) Goals and assurances.--
``(i) For the most recent year for
which the information is available for
the institution--
``(I) whether the goals set
under section 206 have been
met; and
``(II) a description of the
activities the institution
implemented to achieve such
goals.
``(ii) A description of the steps
the institution is taking to improve
its performance in meeting the annual
goals set under section 206.
``(iii) A description of the
activities the institution has
implemented to meet the assurances
provided under section 206.
``(B) Pass rates and scaled scores.--For
the most recent year for which the information
is available for those students who took the
assessments used for teacher certification or
licensure by the State in which the program is
located and are enrolled in the traditional
teacher preparation program or alternative
routes to State certification or licensure
program, and for those who have taken such
assessments and have completed the traditional
teacher preparation program or alternative
routes to State certification or licensure
program during the two-year period preceding
such year, for each of such assessments--
``(i) the percentage of students
who have completed 100 percent of the
nonclinical coursework and taken the
assessment who pass such assessment;
``(ii) the percentage of all
students who passed such assessment;
``(iii) the percentage of students
who have taken such assessment who
enrolled in and completed the
traditional teacher preparation program
or alternative routes to State
certification or licensure program, as
applicable;
``(iv) the average scaled score for
all students who took 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.
``(C) Program information.--A description
of--
``(i) the criteria for admission
into the program;
``(ii) the number of students in
the program (disaggregated by race,
ethnicity, and gender);
``(iii) the average number of hours
of supervised clinical experience
required for those in the program;
``(iv) the number of full-time
equivalent faculty and students in the
supervised clinical experience; and
``(v) the total number of students
who have been certified or licensed as
teachers, disaggregated by subject and
area of certification or licensure.
``(D) 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.
``(E) Designation as low-performing.--
Whether the program has been designated as low-
performing by the State under section 207(a).
``(F) Use of technology.--A description of
the activities, including activities consistent
with the principles of universal design for
learning, that prepare teachers to integrate
technology effectively into curricula and
instruction, and to use technology effectively
to collect, manage, and analyze data in order
to improve teaching and learning for the
purpose of increasing student academic
achievement.
``(G) Teacher training.--A description of
the activities that prepare general education
and special education teachers to teach
students with disabilities effectively,
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 who are
limited English proficient.
``(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 $27,500 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)(B), with respect to an average pass rate and scaled
score on each State certification or licensure
assessment taken over a three-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, and make
widely available to the general public, in a uniform
and comprehensible manner that conforms with the
definitions and methods established by the Secretary,
an annual 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 subjects, areas, or 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, as
applicable, 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,
including those that offer 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 coursework and taken the
assessment who pass such assessment;
``(ii) the percentage of all such
students at all such institutions and
entities who have taken the assessment
who pass such assessment;
``(iii) the percentage of students
who have taken the assessment who
enrolled in and completed a teacher
preparation program; and
``(iv) the average scaled score of
individuals participating in such a
program, or who have completed such a
program during the two-year period
preceding the first year for which the
annual State report card is provided,
who took each such assessment.
``(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
two-year period preceding the date for
which the determination is made, 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 two-year period
preceding the first year for which the
annual State report card is provided,
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--
``(i) the criteria for admission
into the program;
``(ii) 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);
``(iii) the average number of hours
of supervised clinical experience
required for those in the program; and
``(iv) 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) A description of the extent to which
teacher preparation programs are addressing
shortages of highly qualified teachers, by area
of certification or licensure, subject, and
specialty, in the State's public schools.
``(J) The extent to which teacher
preparation programs prepare teachers,
including general education and special
education teachers, to teach students with
disabilities effectively, 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--
``(i) integrate technology
effectively into curricula and
instruction, including activities
consistent with the principles of
universal design for learning; and
``(ii) use technology effectively
to collect, manage, and analyze data to
improve teaching and learning for the
purpose of increasing student academic
achievement.
``(L) The extent to which teacher
preparation programs prepare teachers,
including general education and special
education teachers, to effectively teach
students who are limited English proficient.
``(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 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 annually
provide to the authorizing committees, 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.
``(2) Report to congress.--The Secretary shall
prepare and submit a report to the authorizing
committees 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 one State for teacher
certification or licensure.
``(3) Special rule.--In the case of a teacher
preparation program with fewer than ten scores reported
on any single initial teacher certification or
licensure assessment during an academic year, the
Secretary shall collect and publish, and make publicly
available, information with respect to an average pass
rate and scaled score on each State certification or
licensure assessment taken over a three-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.--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 increasing the number of prospective
teachers trained in teacher shortage areas designated by the
Secretary or by the State educational agency, including
mathematics, science, special education, and instruction of
limited English proficient students.
``(b) Assurances.--Each institution described in subsection
(a) shall provide assurances 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) training provided to prospective teachers is
closely linked with the needs of schools and the
instructional decisions new teachers face in the
classroom;
``(3) prospective special education teachers
receive course work in core academic subjects and
receive training in providing instruction in core
academic subjects;
``(4) 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
``(5) prospective teachers receive training on how
to effectively teach in urban and rural schools, as
applicable.
``(c) Rule of Construction.--Nothing in this section shall
be construed to require an institution to create a new teacher
preparation area of concentration or degree program or adopt a
specific curriculum in complying with this section.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall conduct an assessment to identify low-
performing teacher preparation programs in the State and to
assist such programs through the provision of technical
assistance. Each such State shall provide the Secretary with an
annual list of low-performing teacher preparation programs and
an identification of those programs at risk of being placed on
such list, as applicable. 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 academic achievement for
elementary and secondary students; and
``(3) raising the standards for entry into the
teaching profession.
``(b) Termination of Eligibility.--Any teacher preparation
program 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) may not be permitted to accept or enroll any
student who receives aid under title IV in the
institution's teacher preparation program;
``(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; and
``(4) shall be reinstated upon demonstration of
improved performance, as determined by the State.
``(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 206, 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 reveal personally identifiable
information.
``(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, in accordance with the State
plan submitted or revised under section 1111 of such Act, and
that each person employed as a special education teacher in the
State who teaches elementary 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, the Secretary shall--
``(1) 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, 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 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.
``(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 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.
``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 two succeeding fiscal years.''; and
(3) by striking part B and inserting the following:
``PART B--ENHANCING TEACHER EDUCATION
``SEC. 230. 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 five succeeding fiscal years.
``Subpart 1--Preparing Teachers for Digital Age Learners
``SEC. 231. 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) serve 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 learning skills
to succeed in higher education and to enter the
workforce;
``(2) strengthen and develop partnerships among the
stakeholders in teacher preparation to transform
teacher education and ensure technology-rich teaching
and learning environments throughout a teacher
candidate's preservice 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
and learning environments, including environments
consistent with the principles of universal design for
learning, that enable kindergarten through grade 12
students to develop learning skills to succeed in
higher education and to enter the workforce.
``(b) Amount and Duration.--A grant, contract, or
cooperative agreement under this subpart--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a three-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 subpart 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 subpart,
the term `eligible consortium' means a consortium of members
that includes the following:
``(1) Not less than one institution of higher
education that awards baccalaureate or masters degrees
and prepares teachers for initial entry into teaching.
``(2) Not less than 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) Not less than 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. 232. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a
grant or enters into a contract or cooperative agreement under
this subpart shall use funds made available under this subpart
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 preservice preparation of teacher
candidates with high-need 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 with technology in
educational settings;
``(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 development in the use
of technology 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 by members of the consortium with
respect to technology implementation;
``(6) evaluate teacher candidates during the first
years of teaching to fully assess outcomes of the
project;
``(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 preservice 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 preservice teachers to--
``(A) develop and implement a plan for
preservice 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
preservice teacher populations with programs
that connect such preservice 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 academic achievement in high-need
schools;
``(5) provide additional technology resources for
preservice 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. 233. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a
contract or cooperative agreement under this subpart, 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 preservice 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 educational
agency 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 subpart for the project.
``(6) A description of how the project will
incorporate--
``(A) State teacher technology standards;
and
``(B) State student technology standards.
``(7) A plan for the evaluation of the project,
which shall include benchmarks to monitor progress
toward specific project objectives.
``SEC. 234. EVALUATION.
``Not less than ten percent of the funds awarded to an
eligible consortium to carry out a project under this subpart
shall be used to evaluate the effectiveness of such project.
``Subpart 2--Honorable Augustus F. Hawkins Centers of Excellence
``SEC. 241. 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 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);
``(vii) an Asian American and
Native American Pacific Islander-
serving institution (as defined in
section 320(b)); or
``(viii) a Native American-serving,
nontribal institution (as defined in
section 319);
``(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 242 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.
``SEC. 242. 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 of 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 serve in
low-performing schools and close
student achievement gaps, and that are
based on rigorous academic content,
scientifically valid research
(including scientifically based reading
research and mathematics research, as
it becomes available), and challenging
State academic content standards and
student academic achievement standards;
and
``(ii) promote strong teaching
skills.
``(2) Providing sustained and high-quality
preservice 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, respectively;
or
``(B) induction and support for teachers
and principals during their first three 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, not to exceed the cost of attendance.
``(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 use
not more than two percent of the funds provided to administer
the grant.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subpart.
``Subpart 3--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 251. 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 general education classrooms.
``(2) Duration of grants.--A grant under this
section shall be awarded for a period of not more than
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' means 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
postbaccalaureate program required for
teacher certification; and
``(iii) the graduates of which are
highly qualified;
``(B) a department or program of special
education at an institution of higher
education;
``(C) a department or program at an
institution of higher education that provides
degrees in core academic subjects; and
``(D) a high-need local educational agency;
and
``(2) may include a department or program of
mathematics, earth or physical science, foreign
language, or another department at the institution that
has a role in preparing teachers.
``(c) Activities.--An eligible partnership that receives a
grant under this section--
``(1) shall use the grant funds to--
``(A) develop or strengthen an
undergraduate, postbaccalaureate, or master's
teacher preparation program by integrating
special education strategies into the general
education curriculum and academic content;
``(B) provide teacher candidates
participating in the program under subparagraph
(A) with skills related to--
``(i) response to intervention,
positive behavioral interventions and
supports, differentiated instruction,
and data driven instruction;
``(ii) universal design for
learning;
``(iii) determining and utilizing
accommodations for instruction and
assessments;
``(iv) collaborating with special
educators, related services providers,
and parents, including participation in
individualized education program
development and implementation; and
``(v) appropriately utilizing
technology and assistive technology for
students with disabilities; and
``(C) provide extensive clinical experience
for participants described in subparagraph (B)
with mentoring and induction support throughout
the program that continues during the first two
years of full-time teaching; and
``(2) may use grant funds to develop and administer
alternate assessments of students with disabilities.
``(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; and
``(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.--
``(A) In general.--An eligible partnership
receiving a grant under this section shall
conduct an evaluation at the end of the grant
period to determine--
``(i) the effectiveness of the
general education teachers who
completed a program under subsection
(c)(1) with respect to instruction of
students with disabilities in general
education classrooms; and
``(ii) 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 schools and
secondary schools.
``(B) Report to the secretary.--Each
eligible partnership performing an evaluation
under subparagraph (A) 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.
``Subpart 4--Adjunct Teacher Corps
``SEC. 255. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for professionals and other individuals with
subject matter expertise in mathematics, science, or 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 on a competitive basis to eligible entities to
identify, recruit, and train qualified individuals with subject
matter expertise in mathematics, science, or 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 five years.
``(d) Eligible Entity.--In this section, the term `eligible
entity' means--
``(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, or
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 preservice training and on-going
professional development to adjunct content
specialists.
``(f) Applications.--
``(1) Application required.--An eligible entity
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.
``(2) Contents.--An application submitted under
paragraph (1) shall include--
``(A) a description of--
``(i) the need for, and expected
benefits of using, adjunct content
specialists in the schools served by
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;
``(ii) 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;
``(iii) 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;
``(iv) how the eligible entity will
provide preservice training and on-
going professional development to
adjunct content specialists to ensure
that such specialists have the capacity
to serve effectively;
``(v) 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; and
``(vi) 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
``(B) 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 served by 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 low-income
families; 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) is not 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.
``Subpart 5--Graduate Fellowships to Prepare Faculty in High-Need Areas
at Colleges of Education
``SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH-NEED AREAS
AT COLLEGES OF EDUCATION.
``(a) Grants by Secretary.--The Secretary shall make grants
to eligible institutions to enable such institutions to make
graduate fellowship awards to qualified individuals in
accordance with the provisions of this section.
``(b) Eligible Institutions.--In this section, the term
`eligible institution' means an institution of higher
education, or a consortium of such institutions, that offers a
program of postbaccalaureate study leading to a doctoral
degree.
``(c) Applications.--An eligible institution 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 reasonably require.
``(d) Types of Fellowships Supported.--
``(1) In general.--An eligible institution that
receives a grant under this section shall use the grant
funds to provide graduate fellowships to individuals
who are preparing for the professorate in order to
prepare individuals to become highly qualified
elementary school and secondary school mathematics and
science teachers, special education teachers, and
teachers who provide instruction for limited English
proficient students.
``(2) Types of study.--A graduate fellowship
provided under this section shall support an individual
in pursuing postbaccalaureate study, which leads to a
doctoral degree and may include a master's degree as
part of such study, related to teacher preparation and
pedagogy in one of the following areas:
``(A) Science, technology, engineering, or
mathematics, if the individual has completed a
master's degree in mathematics or science and
is pursuing a doctoral degree in mathematics,
science, or education.
``(B) Special education.
``(C) The instruction of limited English
proficient students, including
postbaccalaureate study in language instruction
educational programs.
``(e) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--The Secretary shall
ensure that an eligible institution that receives a
grant under this section--
``(A) shall provide graduate fellowship
awards to individuals who plan to pursue a
career in instruction at an institution of
higher education that has a teacher preparation
program; and
``(B) may not provide a graduate fellowship
to an otherwise eligible individual--
``(i) during periods in which such
individual is enrolled at an
institution of higher education unless
such individual is maintaining
satisfactory academic progress in, and
devoting full-time study or research
to, the pursuit of the degree for which
the fellowship support was provided; or
``(ii) if the individual 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
individuals's progress toward the
degree for which the fellowship support
was provided.
``(2) Amount of fellowship awards.--
``(A) In general.--An eligible institution
that receives a grant under this section shall
award stipends to individuals who are provided
graduate fellowships under this section.
``(B) Awards based on need.--A stipend
provided under this section 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
fellowship recipient's demonstrated need, as
determined by the institution of higher
education where the fellowship recipient is
enrolled.
``(3) Service requirement.--
``(A) Teaching required.--Each individual
who receives a graduate fellowship under this
section and earns a doctoral degree shall teach
for one year at an institution of higher
education that has a teacher preparation
program for each year of fellowship support
received under this section.
``(B) Institutional obligation.--Each
eligible institution that receives a grant
under this section shall provide an assurance
to the Secretary that the institution has
inquired of and determined the decision of each
individual who has received a graduate
fellowship to, within three years of receiving
a doctoral degree, begin employment at an
institution of higher education that has a
teacher preparation program, as required by
this section.
``(C) Agreement required.--Prior to
receiving an initial graduate fellowship award,
and upon the annual renewal of the graduate
fellowship award, an individual selected to
receive a graduate fellowship under this
section shall sign an agreement with the
Secretary agreeing to pursue a career in
instruction at an institution of higher
education that has a teacher preparation
program in accordance with subparagraph (A).
``(D) Failure to comply.--If an individual
who receives a graduate fellowship award under
this section fails to comply with the agreement
signed pursuant to subparagraph (C), the sum of
the amounts of any graduate fellowship award
received by such recipient shall, upon a
determination of such a failure, be treated as
a Federal Direct Unsubsidized Stafford Loan
under part D of title IV, and shall be subject
to repayment, together with interest thereon
accruing from the date of the fellowship award,
in accordance with terms and conditions
specified by the Secretary in regulations under
this subpart.
``(E) Modified service requirement.--The
Secretary may waive or modify the service
requirement of this paragraph in accordance
with regulations promulgated by the Secretary
with respect to the criteria to determine the
circumstances under which compliance with such
service requirement is inequitable or
represents a substantial hardship. The
Secretary may waive the service requirement if
compliance by the fellowship recipient is
determined to be inequitable or represent a
substantial hardship--
``(i) because the individual is
permanently and totally disabled at the
time of the waiver request; or
``(ii) based on documentation
presented to the Secretary of
substantial economic or personal
hardship.
``(f) Institutional Support for Fellows.--An eligible
institution that receives a grant under this section may
reserve not more than ten percent of the grant amount for
academic and career transition support for graduate fellowship
recipients and for meeting the institutional obligation
described in subsection (e)(3)(B).
``(g) Restriction on Use of Funds.--An eligible institution
that receives a grant under this section may not use grant
funds for general operational overhead of the institution.
``PART C--GENERAL PROVISIONS
``SEC. 261. LIMITATIONS.
``(a) Federal Control Prohibited.--Nothing in this title
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
title.
``(b) No Change in State Control Encouraged or Required.--
Nothing in this title 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.
``(c) National System of Teacher Certification or Licensure
Prohibited.--Nothing in this title shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification or licensure.
``(d) 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.''.
TITLE III--INSTITUTIONAL AID
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, which may include
remedial education and English language
instruction'' 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' families.'';
(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. DEFINITIONS; ELIGIBILITY.
Section 312 (20 U.S.C. 1058) is amended--
(1) in subsection (b)(1)(A), by striking
``subsection (c) of this section'' and inserting
``subsection (d)'';
(2) in subsection (d)(2), by striking
``subdivision'' and inserting ``paragraph'';
(3) by redesignating subsection (g) as subsection
(h); and
(4) by inserting after subsection (f) the
following:
``(g) Low-Income Individual.--For the purpose of this part,
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.''.
SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND
UNIVERSITIES.
Section 316 (20 U.S.C. 1059c) is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) Tribal college or university.--The term
`Tribal College or University' means an institution
that--
``(A) qualifies for funding under the
Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.)
or the Navajo Community College Assistance Act
of 1978 (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).'';
(2) in subsection (c)(2)--
(A) by striking subparagraph (B) and
inserting the following:
``(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;'';
(B) in subparagraph (C), by inserting
before the semicolon at the end the following:
``or in tribal governance or tribal public
policy'';
(C) in subparagraph (D), by inserting
before the semicolon the following: ``and
instruction in tribal governance or tribal
public policy'';
(D) by redesignating subparagraphs (G),
(H), (I), (J), (K), and (L) as subparagraphs
(H), (I), (J), (K), (L), and (N), respectively;
(E) by inserting after subparagraph (F) the
following:
``(G) education or counseling services
designed to improve the financial literacy and
economic literacy of students or the students'
families;'';
(F) in subparagraph (L) (as redesignated by
subparagraph (D)), by striking ``and'' after
the semicolon;
(G) by inserting after subparagraph (L) (as
redesignated by subparagraph (D) and amended by
subparagraph (F)) the following:
``(M) developing or improving facilities
for Internet use or other distance education
technologies; and''; and
(H) in subparagraph (N) (as redesignated by
subparagraph (D)), by striking ``subparagraphs
(A) through (K)'' and inserting ``subparagraphs
(A) through (M)''; and
(3) by striking subsection (d) and inserting the
following:
``(d) Application, Plan, and Allocation.--
``(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.--
``(A) In general.--A Tribal College or
University desiring to receive assistance under
this section shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require.
``(B) Streamlined process.--The Secretary
shall establish application requirements in
such a manner as to simplify and streamline the
process for applying for grants under this
section.
``(3) Awards and allocations to institutions.--
``(A) Construction grants.--
``(i) In general.--Of the amount
appropriated to carry out this section
for any fiscal year, the Secretary may
reserve 30 percent for the purpose of
awarding one-year grants of not less
than $1,000,000 to address
construction, maintenance, and
renovation needs at eligible
institutions.
``(ii) Preference.--In providing
grants under clause (i) 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.
``(B) Allotment of remaining funds.--
``(i) In general.--Except as
provided in clause (ii), the Secretary
shall distribute the remaining funds
appropriated for any fiscal year to
each eligible institution as follows:
``(I) 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 Colleges
and Universities Assistance Act
of 1978 (25 U.S.C. 1801(a)) of
the Tribal Colleges and
Universities.
``(II) The remaining 40
percent shall be distributed in
equal shares to the eligible
Tribal Colleges and
Universities.
``(ii) Minimum grant.--The amount
distributed to a Tribal College or
University under clause (i) shall not
be less than $500,000.
``(4) Special rules.--
``(A) Concurrent funding.--No Tribal
College or University that receives funds under
this section shall concurrently receive funds
under any other provision of this part, part B,
or part A of title V.
``(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to
receive funds under this section.''.
SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' after
the semicolon;
(2) in subparagraph (H), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(I) education or counseling services
designed to improve the financial literacy and
economic literacy of students or the students'
families.''.
SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS.
(a) In General.--Part A of title III (20 U.S.C. 1057 et
seq.) is amended by adding at the end the following:
``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.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education
that--
``(A) has an enrollment of needy
undergraduate students;
``(B) has an average educational and
general expenditure that is 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, except that the
Secretary may apply the waiver requirements
described in section 392(b) to this
subparagraph in the same manner as the
Secretary applies the waiver requirements to
section 312(b)(1)(B);
``(C) has an enrollment of undergraduate
students that is not less than 40 percent Black
American students;
``(D) is legally authorized to provide, and
provides, within the State an educational
program for which the institution of higher
education awards a baccalaureate degree or, in
the case of a junior or community college, an
associate's degree;
``(E) 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
``(F) is not receiving assistance under
part B or part A of title V.
``(2) Enrollment of needy students.--The term
`enrollment of needy students' means the enrollment at
an eligible institution with respect to which not less
than 50 percent of the undergraduate students enrolled
in an academic program leading to a degree--
``(A) in the second fiscal year preceding
the fiscal year for which the determination is
made, were Federal Pell Grant recipients for
such year;
``(B) come from families that receive
benefits under a means-tested Federal benefit
program;
``(C) attended a public or nonprofit
private secondary school that--
``(i) is in the school district of
a local educational agency that was
eligible for assistance under part A of
title I of the Elementary and Secondary
Education Act of 1965 for any year
during which the student attended such
secondary school; and
``(ii) for the purpose of this
paragraph and for such year of
attendance, 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 meeting a measure of poverty
under section 1113(a)(5) of such Act
exceeds 30 percent of the total
enrollment of such school; or
``(D) are first-generation college students
and a majority of such first-generation college
students are low-income individuals.
``(3) First-generation college student.--The term
`first-generation college student' has the meaning
given the term in section 402A(h).
``(4) Low-income individual.--The term `low-income
individual' has the meaning given such term in section
402A(h).
``(5) 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 program's
benefits, or the amount of such benefits, are
determined on the basis of income or resources of the
individual or family seeking the benefit.
``(6) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution
of higher education, as defined in section 101(a)--
``(A) that is an eligible institution with
not less than 1,000 undergraduate students;
``(B) at which not less than 50 percent of
the undergraduate students enrolled at the
eligible institution are low-income individuals
or first-generation college students; and
``(C) at which not less than 50 percent of
the undergraduate students are enrolled in an
educational program leading to a bachelor's or
associate's degree that the eligible
institution is licensed to award by the State
in which the eligible institution is located.
``(7) State.--The term `State' means each of the 50
States and the District of Columbia.
``(c) Grant Authority.--
``(1) In general.--The Secretary is authorized to
award grants, from allotments under subsection (e), to
Predominantly Black Institutions to enable the
Predominantly Black Institutions to carry out the
authorized activities described in subsection (d).
``(2) Priority.--In awarding grants under this
section the Secretary shall give priority to
Predominantly Black Institutions with large numbers or
percentages of students described in subsections
(b)(1)(A) or (b)(1)(C). The level of priority given to
Predominantly Black Institutions with large numbers or
percentages of students described in subsection
(b)(1)(A) shall be twice the level of priority given to
Predominantly Black Institutions with large numbers or
percentages of students described in subsection
(b)(1)(C).
``(d) Authorized Activities.--
``(1) Required activities.--Grant funds provided
under this section shall be used--
``(A) to assist the Predominantly Black
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 students eligible to
participate in programs under title IV by
encouraging college preparation and student
persistence in secondary school and
postsecondary education; and
``(C) to strengthen the financial ability
of the Predominantly Black Institution to serve
the academic needs of the students described in
subparagraphs (A) and (B).
``(2) Additional activities.--Grant funds provided
under this section shall be used for one or more of the
following activities:
``(A) The activities described in
paragraphs (1) through (12) of section 311(c).
``(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 school
or secondary school in the State that shall
include, as part of such program, preparation
for teacher certification or licensure.
``(D) 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.
``(E) Other activities proposed in the
application submitted pursuant to subsection
(f) that--
``(i) contribute to carrying out
the purpose of this section; and
``(ii) are approved by the
Secretary as part of the review and
approval of an application submitted
under subsection (f).
``(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), a 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
grant funds provided to a Predominantly Black
Institution under this section may be available for the
purpose of constructing or maintaining a classroom,
library, laboratory, or other instructional facility.
``(e) Allotments to Predominantly Black Institutions.--
``(1) Federal pell grant basis.--From the amounts
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 (f) a sum that bears the same ratio to one-
half of that amount as the number of Federal 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 Federal Pell
Grant recipients at all such institutions at the end of
such academic year.
``(2) Graduates basis.--From the amounts
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 (f) a sum that bears the same ratio to one-
fourth of that amount as the number of graduates for
such academic year at such institution, bears to the
total number of graduates for such academic year at all
such institutions.
``(3) Graduates seeking a higher degree basis.--
From the amounts 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 (f) a sum that bears the same
ratio to one-fourth of that amount as the percentage of
graduates from such institution who are admitted to and
in attendance at, not later than two years after
graduation with an associate's degree or a
baccalaureate degree, 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 for all such institutions.
``(4) Minimum allotment.--
``(A) In general.--Notwithstanding
paragraphs (1), (2), and (3), the amount
allotted to each Predominantly Black
Institution under this section may not be less
than $250,000.
``(B) Insufficient amount.--If the amounts
appropriated to carry out this section for a
fiscal year are not sufficient to pay the
minimum allotment provided under subparagraph
(A) for the fiscal year, then the amount of
such minimum allotment shall be ratably
reduced. If additional sums become available
for such fiscal year, such reduced allotment
shall be increased on the same basis as the
allotment was reduced until the amount allotted
equals the minimum allotment required under
subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly
Black Institution's allotment under paragraph (1), (2),
(3), or (4) for any fiscal year that the Secretary
determines will not be needed for such institution for
the period for which such allotment is available, shall
be available for reallotment to other Predominantly
Black Institutions in proportion to the original
allotments 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 determines
appropriate.
``(f) Applications.--Each Predominantly Black Institution
desiring a grant under this section 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.
``(g) Application Review Process.--Section 393 shall not
apply to applications under this section.
``(h) Duration and Carryover.--Any grant funds paid to a
Predominantly Black Institution under this section that are not
expended or used for the purposes for which the funds were paid
within ten years following the date on which the grant was
awarded, shall be repaid to the Treasury.
``(i) Special Rule on Eligibility.--No Predominantly Black
Institution that receives funds under this section shall
concurrently receive funds under any other provision of this
part, part B, or part A of title V.''.
(b) Conforming Amendment.--Section 312(d) (20 U.S.C.
1058(d)) is amended by striking ``For the purpose'' and
inserting ``Except as provided in section 318(b), for the
purpose''.
SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
Part A of title III (20 U.S.C. 1057 et seq.) is amended by
adding after section 318 (as added by section 305 of this Act)
the following:
``SEC. 319. 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 and low-
income individuals.
``(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, as defined in section 101(a), that, at the
time of application--
``(A) is an eligible institution under
section 312(b);
``(B) has an enrollment of undergraduate
students that is not less than 10 percent
Native American students; and
``(C) 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 and low-income
individuals.
``(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;
``(H) academic tutoring and counseling
programs and student support services; and
``(I) education or counseling services
designed to improve the financial and economic
literacy of students or the students' families.
``(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
reasonably require.
``(2) Applications.--
``(A) Authority 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,
continue to 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 five-year plan for
improving the assistance provided by
the Native American-serving, nontribal
institution to Native Americans and
low-income individuals; and
``(ii) such other information and
assurances as the Secretary may
reasonably require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-
serving, nontribal institution that receives
funds under this section shall concurrently
receive funds under any other provision of this
part, part B, or part A of title V.
``(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.
``(D) Minimum grant amount.--The minimum
amount of a grant under this section shall be
$200,000.''.
SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS.
Part A of title III (20 U.S.C. 1057 et seq.) is amended by
adding after section 319 (as added by section 306 of this Act)
the following:
``SEC. 320. 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 and low-
income individuals.
``(b) Definitions.--In this section:
``(1) Asian american.--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) Asian american and native american pacific
islander-serving institution.--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
not less than 10 percent students who are Asian
American or Native American Pacific Islander.
``(3) Native american pacific islander.--The term
`Native American Pacific Islander' means any descendant
of the aboriginal people of any island in the Pacific
Ocean that is a territory or possession of the United
States.
``(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 and
low-income individuals.
``(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 underrepresented;
``(L) conducting research and data
collection for Asian American and Native
American Pacific Islander populations and
subpopulations;
``(M) establishing partnerships with
community-based organizations serving Asian
Americans and Native American Pacific
Islanders; and
``(N) education or counseling services
designed to improve the financial and economic
literacy of students or the students' families.
``(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 reasonably require.
``(2) Applications.--Any institution that 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 five-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 low-
income individuals; and
``(B) such other information and assurances
as the Secretary may reasonably 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
any other provision of this part, part B, or
title V.
``(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 for which not less than
10 percent of such institution's Asian
American and Native American Pacific
Islander students are low-income
individuals.''.
SEC. 308. PART B DEFINITIONS.
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting
``, in consultation with the Commissioner for Education
Statistics'' before ``and the Commissioner''.
SEC. 309. GRANTS TO INSTITUTIONS.
Section 323(a) (20 U.S.C. 1062(a)) is amended--
(1) in the matter preceding paragraph (1), by
striking ``360(a)(2)'' and inserting ``399(a)(2)'';
(2) by redesignating paragraph (12) as paragraphs
(15); and
(3) by inserting after paragraph (11) the
following:
``(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' families, especially with
regard to student indebtedness and student assistance
programs under title IV.
``(14) 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.''.
SEC. 310. ALLOTMENTS.
(a) Minimum Allotment.--Subsection (d) of section 324 (20
U.S.C. 1063(d)) is amended to read as follows:
``(d) Minimum Allotment.--Notwithstanding subsections (a)
through (c), and subject to subsection (h), if the amount of an
award under this section for a part B institution, based on the
data provided by the part B institution and the formula under
subsections (a) through (c), would be--
``(1) an amount that is greater than $250,000 but
less than $500,000, the Secretary shall award the part
B institution an allotment in the amount of $500,000;
and
``(2) an amount that is equal to or less than
$250,000, the Secretary shall award the part B
institution an allotment in the amount of $250,000.''.
(b) Conditions 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.--
``(1) Student requirements for allotment.--
Notwithstanding any other provision of this section, a
part B institution that would otherwise be eligible for
funds under this part shall not receive an allotment
under this part for a fiscal year, including the
minimum allotment under subsection (d), if the part B
institution, in the academic year preceding such fiscal
year--
``(A) did not have any enrolled students
who were Pell Grant recipients;
``(B) did not graduate any students; or
``(C) where appropriate, did not have any
students who, within 5 years of graduation from
the part B institution, were admitted to and in
attendance at a graduate or professional school
in a degree program in disciplines in which
Blacks are underrepresented.
``(2) Data requirements for allotments.--
Notwithstanding any other provision of this section, a
part B institution shall not receive an allotment under
this part for a fiscal year, including the minimum
allotment under subsection (d), unless the institution
provides the Secretary with the data required by the
Secretary and for purposes of the formula described in
subsections (a) through (c), including--
``(A) the number of Pell Grant recipients
enrolled in the part B institution in the
academic year preceding such fiscal year;
``(B) the number of students who earned an
associate or baccalaureate degree from the part
B institution in the academic year preceding
such fiscal year; and
``(C) where appropriate, the percentage of
students who, within 5 years of graduation from
the part B institution, were admitted to and in
attendance at a graduate or professional school
in a degree program in disciplines in which
Blacks are underrepresented in the academic
year preceding such fiscal year.''.
SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS.
(a) Duration of Grant.--Section 326(b) (20 U.S.C. 1063b(b))
is amended by adding at the end the following: ``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.''.
(b) Authorized Activities.--Section 326(c) (20 U.S.C.
1063b(c)) is amended--
(1) in paragraph (5), by striking ``establish or
improve'' and inserting ``establishing or improving'';
(2) in paragraph (6)--
(A) by striking ``assist'' and inserting
``assisting''; and
(B) by striking ``and'' after the
semicolon;
(3) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(4) by adding at the end the following:
``(8) acquisition of real property that is adjacent
to the campus 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' families, especially with
regard to student indebtedness and student assistance
programs under title IV;
``(10) 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;
``(11) tutoring, counseling, and student service
programs designed to improve academic success; and
``(12) other activities proposed in the application
submitted under subsection (d) 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.''.
(c) Eligibility.--
(1) In general.--Section 326(e)(1) (20 U.S.C.
1063b(e)(1)) is amended--
(A) in the matter preceding subparagraph
(A), by inserting a colon after ``the
following'';
(B) in subparagraph (Q), by striking
``and'' at the end;
(C) in subparagraph (R), by striking the
period at the end and inserting a semicolon;
and
(D) by adding at the end the following:
``(S) Alabama State University qualified
graduate programs;
``(T) Prairie View A&M University qualified
graduate programs;
``(U) Delaware State University qualified
graduate programs;
``(V) Langston University qualified
graduate programs;
``(W) Bowie State University qualified
graduate programs; and
``(X) University of the District of
Columbia David A. Clarke School of Law.''.
(2) 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)''.
(3) Additional eligibility changes.--Section
326(e)(2)(A) (20 U.S.C. 1063b(e)(2)(A)) is amended--
(A) by inserting ``in law or'' after
``instruction''; and
(B) by striking ``mathematics, or'' and
inserting ``mathematics, psychometrics, or''.
(4) One grant per institution.--Section 326(e)(4)
(20 U.S.C. 1063b(e)(4)) is amended by striking ``or
university system''.
(d) Funding Rule.--Section 326(f) (20 U.S.C. 1063b(f)) is
amended--
(1) in paragraph (1)--
(A) by striking ``$26,600,000'' and
inserting ``$56,900,000''; and
(B) by striking ``(P)'' and inserting
``(R)'';
(2) in paragraph (2)--
(A) by striking ``$26,600,000, but not in
excess of $28,600,000'' and inserting
``$56,900,000, but not in excess of
$62,900,000''; and
(B) by striking ``subparagraphs (Q) and
(R)'' and inserting ``subparagraphs (S) through
(X)''; and
(3) in the matter preceding subparagraph (A) of
paragraph (3)--
(A) by striking ``$28,600,000'' and
inserting ``$62,900,000''; and
(B) by striking ``(R)'' and inserting
``(X)''.
(e) Hold Harmless Rule.--Section 326(g) (20 U.S.C. 1063(g))
is amended by striking ``1998'' each place it appears and
inserting ``2008''.
(f) Interaction With Other Grant Programs.--Section 326 (as
amended by this section) (20 U.S.C. 1063) is further amended by
adding at the end the following:
``(h) Interaction With Other Grant Programs.--No
institution that is eligible for and receives an award under
section 512, 723, or 724 for a fiscal year shall be eligible to
apply for a grant, or receive grant funds, under this section
for the same fiscal year.''.
SEC. 312. 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. 313. 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:
``(i) 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. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is
amended--
(1) in paragraph (5)(G), by striking ``by a
nationally recognized accrediting agency or
association'' and inserting ``by an accrediting agency
or association recognized by the Secretary under
subpart 2 of part H of title IV''; and
(2) in paragraph (8), by inserting ``capital
project'' after ``issuing taxable''.
(b) Federal Insurance for Bonds.--Section 343(b) (20 U.S.C.
1066b(b)) is amended--
(1) in paragraph (8)(B)(ii)--
(A) by striking ``10'' and inserting ``5'';
and
(B) by inserting ``within 120 days'' after
``loan proceeds'';
(2) in paragraph (10), by striking ``and'' after
the semicolon;
(3) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(4) by adding at the end the following:
``(12) limit loan collateralization, with respect
to any loan made under this part, to 100 percent of the
loan amount, except as otherwise required by 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) in the matter preceding paragraph (1), by
striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) in paragraph (1), by striking ``$250,000,000''
and inserting ``$733,333,333''; and
(3) in paragraph (2), by striking ``$125,000,000''
and inserting ``$366,666,667''.
(d) Authority of the Secretary.--Section 345 (20 U.S.C.
1066d) is amended--
(1) in paragraph (1), by striking ``enactment of
the Higher Education Amendments of 1992,'' and
inserting ``the date of enactment of the Higher
Education Opportunity Act,'';
(2) by redesignating paragraphs (2) through (7) as
paragraphs (4) through (9), respectively;
(3) by inserting after paragraph (1) the following:
``(2) shall ensure that--
``(A) the selection process for the
designated bonding authority is conducted on a
competitive basis; and
``(B) the evaluation and selection process
is transparent;
``(3) shall--
``(A) review the performance of the
designated bonding authority after the third
year of the insurance agreement; and
``(B) following the review described in
subparagraph (A), implement a revised
competitive selection process, if determined
necessary by the Secretary in consultation with
the Advisory Board established pursuant to
section 347;'';
(4) in paragraph (8) (as redesignated by paragraph
(2)), by striking ``and'' after the semicolon;
(5) in paragraph (9) (as redesignated by paragraph
(2)), by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(10) not later than 120 days after the date of
enactment of the Higher Education Opportunity Act,
shall submit to the authorizing committees a report on
the progress of the Department in implementing the
recommendations made by the Government Accountability
Office in October 2006 for improving the Historically
Black College and Universities Capital Financing
Program.''.
(e) HBCU Capital Financing Advisory Board.--Section 347 (20
U.S.C. 1066f) is amended--
(1) in subsection (b)(1)--
(A) by striking out ``9 members'' and
inserting ``11 members'';
(B) in subparagraph (C), by striking
``Two'' and inserting ``Three''; and
(C) by adding at the end the following:
``(G) The president of the Thurgood
Marshall College Fund, or the designee of the
president.''; and
(2) by adding at the end the following:
``(c) Additional Recommendations From Advisory Board.--
``(1) In general.--In addition to the
responsibilities of the Advisory Board described in
subsection (a), the Advisory Board shall advise the
Secretary and the authorizing committees regarding--
``(A) the fiscal status and strategic
financial condition of not less than ten
historically Black colleges and universities
that have--
``(i) obtained construction
financing through the program under
this part and seek additional financing
or refinancing under such program; or
``(ii) applied for construction
financing through the program under
this part but have not received
financing under such program; and
``(B) the feasibility of reducing borrowing
costs associated with the program under this
part, including reducing interest rates.
``(2) Report.--Not later than six months after the
date of enactment of the Higher Education Opportunity
Act, the Advisory Board shall prepare and submit a
report to the authorizing committees regarding the
historically Black colleges and universities described
in paragraph (1)(A) that includes administrative and
legislative recommendations for addressing the issues
related to construction financing facing such
historically Black colleges and universities.''.
SEC. 315. 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 the engagement of
underrepresented minority youth and youth who are low-income
individuals (as such term is defined in section 302) in
science, technology, engineering, and mathematics through
outreach and hands-on, experiential-based learning projects
that encourage students in kindergarten through grade 12 who
are underrepresented minority youth or low-income individuals
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 five 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 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
mathematics fields (referred to in this section as `STEM
fields') by encouraging young Americans to enter such fields.
``(b) Design of Campaign.--The campaign under this section
shall be designed to enhance the image of education and
professions in the STEM fields and promote participation in the
STEM fields, and may include--
``(1) monitoring trends in youths' 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.--The campaign under this section
shall--
``(1) include components that focus tailored
messages on appropriate age groups, starting with
elementary school students; and
``(2) 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.--The campaign under this section shall hold
as a high priority making specific appeals to Hispanic
Americans, African Americans, Native Americans, students with
disabilities, and women, who are currently underrepresented 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.--The campaign under this
section shall make use of a variety of media, with an emphasis
on television advertising, to reach its intended audience.
``(f) Teaching.--The campaign under this section 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 schools and secondary schools.
``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.
``The Secretary shall develop an evaluation and
accountability plan for projects funded under 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 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)(B);
(2) in paragraph (4)--
(A) in subparagraph (A), by striking
``institutions of higher education'' and
inserting ``public and private nonprofit
institutions of higher education'';
(B) in subparagraph (C), by inserting
before the semicolon the following: ``, the
Department of Defense, or the National
Institutes of Health'';
(C) by striking subparagraph (D) and
inserting the following:
``(D) relevant offices of the National
Aeronautics and Space Administration, National
Oceanic and Atmospheric Administration,
National Science Foundation, and National
Institute of Standards and Technology;'';
(D) by striking the period at the end of
subparagraph (E) and inserting ``; or''; and
(E) by adding at the end the following:
``(F) institutions of higher education that
have State-sponsored centers for research in
science, technology, engineering, and
mathematics; or''; and
(3) by adding at the end the following:
``(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. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
OTHER MINORITY-SERVING INSTITUTIONS.
(a) Redesignation and Relocation.--The Act (20 U.S.C. 1001
et seq.) is further amended--
(1) by redesignating part F of title III as part G
of title III;
(2) by redesignating part J of title IV (as added
by section 802 of the College Cost Reduction and Access
Act) as part F of title III, and moving such part so
that such part follows part E of title III; and
(3) by redesignating section 499A (as added by
section 802 of such Act) as section 371.
(b) Conforming Amendments.--Section 371 (as redesignated by
subsection (a)(3)) is amended--
(1) in subsection (b)(2)(C)(i), by striking ``title
III'' each place the term appears and inserting ``this
title''; and
(2) in subsection (c)(9)(F), by striking ``title
III'' and inserting ``this title''.
(c) Availability of Funds.--Paragraph (1) of section 371(b)
(as redesignated by subsection (a)(3)) is amended to read as
follows:
``(1) In general.--
``(A) Provision of funds.--There shall be
available to the Secretary to carry out this
section, from funds in the Treasury not
otherwise appropriated, $255,000,000 for each
of the fiscal years 2008 and 2009. The
authority to award grants under this section
shall expire at the end of fiscal year 2009.
``(B) Availability.--Funds made available
under subparagraph (A) for a fiscal year shall
remain available for the next succeeding fiscal
year.''.
SEC. 317. TECHNICAL ASSISTANCE.
Section 391 (20 U.S.C. 1068) is amended by adding at the
end the following:
``(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. 318. WAIVER AUTHORITY.
Section 392 (20 U.S.C. 1068a) is amended by adding at the
end the following:
``(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 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 2011 (and
may, for each of the fiscal years 2012 and 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);
``(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 affected
by any formula calculation for fiscal year 2009
or for any of the four succeeding fiscal years,
as necessary; and
``(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, except that
for any fiscal year for which the funds
appropriated for payments under this title are
less than the appropriated level for fiscal
year 2006, the amount made available to such
institutions shall be ratably reduced among the
institutions receiving funds under this title.
``(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
(which term shall have the
meaning given the term
`eligible institution' under
section 312(b)); or
``(II) a part B
institution, as such term is
defined in section 322(2), or
as identified in section
326(e);
``(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. 319. AUTHORIZATION OF APPROPRIATIONS.
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 (other than sections
316 through 320), $135,000,000 for fiscal year 2009,
and such sums as may be necessary for each of the five
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
five 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
five succeeding fiscal years.
``(D) There are authorized to be appropriated to
carry out section 318, $75,000,000 for fiscal year 2009
and each of the five succeeding fiscal years.
``(E) There are authorized to be appropriated to
carry out section 319, $25,000,000 for fiscal year
2009, and such sums as may be necessary for each of the
five succeeding fiscal years.
``(F) There are authorized to be appropriated to
carry out section 320, $30,000,000 for fiscal year
2009, and such sums as may be necessary for each of the
five succeeding fiscal years.
``(2) Part b.--(A) There are authorized to be
appropriated to carry out part B (other than section
326), $375,000,000 for fiscal year 2009, and such sums
as may be necessary for each of the five succeeding
fiscal years.
``(B) There are authorized to be appropriated to
carry out section 326, $125,000,000 for fiscal year
2009, and such sums as may be necessary for each of the
five succeeding fiscal years.
``(3) Part c.--There are authorized to be
appropriated to carry out part C, $10,000,000 for
fiscal year 2009, and such sums as may be necessary for
each of the five succeeding fiscal years.
``(4) Part d.--(A) There are authorized to be
appropriated to carry out part D (other than section
345(9), but including section 347), $185,000 for fiscal
year 2009, and such sums as may be necessary for each
of the five succeeding fiscal years.
``(B) There are authorized to be appropriated to
carry out section 345(9) such sums as may be necessary
for fiscal year 2009 and each of the five 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 five succeeding fiscal
years.
``(B) There are authorized to be appropriated to
carry out subpart 2 of part E, such sums as may be
necessary for fiscal year 2009 and each of the five
succeeding fiscal years.''.
SEC. 320. TECHNICAL CORRECTIONS.
Title III (20 U.S.C. 1051 et seq.) is further amended--
(1) in section 342(5) (20 U.S.C. 1066a(5))--
(A) in the matter preceding subparagraph
(A), by inserting a comma after ``344(b)''; and
(B) in subparagraph (C), by striking
``equipment technology,,'' and inserting
``equipment, technology,'';
(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''.
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION
SEC. 401. FEDERAL PELL GRANTS.
(a) Authorized Maximums.--
(1) Amendments.--Section 401(b) (20 U.S.C.
1070a(b)) is amended--
(A) by amending paragraph (2)(A) to read as
follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be--
``(i) $6,000 for academic year 2009-2010;
``(ii) $6,400 for academic year 2010-2011;
``(iii) $6,800 for academic year 2011-2012;
``(iv) $7,200 for academic year 2012-2013;
``(v) $7,600 for academic year 2013-2014; and
``(vi) $8,000 for academic year 2014-2015,
less an amount equal to the amount determined to be the
expected family contribution with respect to that student for
that year.'';
(B) by designating the paragraphs following
paragraph (2), in the order in which such
paragraphs appear, as paragraphs (3) through
(8);
(C) in paragraph (4) (as designated by
subparagraph (B)), by striking ``$400, except''
and all that follows through the period and
inserting ``ten percent of the maximum basic
grant level specified in the appropriate
appropriation Act for such academic year,
except that a student who is eligible for a
Federal Pell Grant in an amount that is equal
to or greater than five percent of such level
but less than ten percent of such level shall
be awarded a Federal Pell grant in the amount
of ten percent of such level.'';
(D) by striking paragraph (5) (as
designated by subparagraph (B)) and inserting
the following:
``(5)(A) The Secretary shall award a student not
more than two Federal Pell Grants during a single award
year to permit such student to accelerate the student's
progress toward a degree or certificate if the student
is enrolled--
``(i) on at least a half-time basis for a
period of more than one academic year, or more
than two semesters or an equivalent period of
time, during a single award year; and
``(ii) in a program of instruction at an
institution of higher education for which the
institution awards an associate or
baccalaureate degree or a certificate.
``(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell
Grants awarded to such student for the award year may
exceed the maximum basic grant level specified in the
appropriate appropriations Act for such award year.'';
(E) in paragraph (7) (as designated by
subparagraph (B)), 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)''; and
(F) in paragraph (8) (as designated by
subparagraph (B))--
(i) 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
(ii) 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.''.
(2) Effective date.--
(A) In general.--Except as provided in
subparagraph (B), the amendments made by
paragraph (1) shall take effect on July 1,
2009.
(B) Special rule.--The amendments made by
subparagraph (F) of paragraph (1) shall take
effect on the date of enactment of this Act.
(b) Maximum Duration of Eligibility.--Section 401(c) (20
U.S.C. 1070a(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 18 semesters, or the equivalent of
18 semesters, as determined by the Secretary by regulation.
Such regulations shall provide, with respect to a student who
received a Federal Pell Grant for a term but was enrolled at a
fraction of full-time, that only that same fraction of such
semester or equivalent 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.''.
(c) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) (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 less than 24 years of age, 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.
``(C) 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 subparagraph (B).''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect on July 1, 2009.
SEC. 402. ACADEMIC COMPETITIVENESS GRANTS.
(a) Amendments.--
(1) In general.--Section 401A (as amended by Public
Law 110-227) (20 U.S.C. 1070a-1) is amended--
(A) in subsection (c)(3)--
(i) in subparagraph (A), by
striking clause (i) and inserting the
following:
``(i)(I) successfully completes,
after January 1, 2006, but before July
1, 2009, a rigorous secondary school
program of study established by a State
or local educational agency and
recognized as such by the Secretary; or
``(II) successfully completes, on
or after July 1, 2009, a rigorous
secondary school program of study that
prepares students for college--
``(aa)(AA) that is
recognized as such by the
official designated for such
recognition consistent with
State law; and
``(BB) about which the
designated official has
reported to the Secretary, at
such time as the Secretary may
reasonably require, in order to
assist financial aid
administrators to determine
that the student is an eligible
student under this section; or
``(bb) that is recognized
as such by the Secretary in
regulations promulgated to
carry out this section, as such
regulations were in effect on
May 6, 2008; and''; and
(ii) in subparagraph (B), by
striking clause (i) and inserting the
following:
``(i)(I) successfully completes,
after January 1, 2005, but before July
1, 2009, a rigorous secondary school
program of study established by a State
or local educational agency and
recognized as such by the Secretary; or
``(II) successfully completes, on
or after July 1, 2009, a rigorous
secondary school program of study that
prepares students for college--
``(aa)(AA) that is
recognized as such by the
official designated for such
recognition consistent with
State law; and
``(BB) about which the
designated official has
reported to the Secretary, at
such time as the Secretary may
reasonably require, in order to
assist financial aid
administrators to determine
that the student is an eligible
student under this section; or
``(bb) that is recognized
as such by the Secretary in
regulations promulgated to
carry out this section, as such
regulations were in effect on
May 6, 2008; and''; and
(B) by amending subsection (e)(2) to read
as follows:
``(2) Availability of funds.--The amounts made
available by paragraph (1) for any fiscal year shall be
available from October 1 of that fiscal year and remain
available through September 30 of the succeeding fiscal
year.''.
(2) Effective date.--The amendment made by
paragraph (1)(B) shall take effect on October 1, 2008.
(3) Effective date amendment.--Section 10(b) of the
Ensuring Continued Access to Student Loans Act of 2008
is amended by striking ``January 1'' and inserting
``July 1''.
(b) 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 subsection (a), or to any regulations
promulgated under those amendments.
(c) Related Amendment to the Ensuring Continued Access to
Student Loans Act of 2008.--
(1) Amendment.--Section 11 of the Ensuring
Continued Access to Student Loans Act of 2008 is
amended by striking ``sections 2 through 9 of''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect as if enacted as part
of the Ensuring Continued Access to Student Loans Act
of 2008.
SEC. 403. 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 ``including
community-based organizations with
experience in serving disadvantaged
youth'' after ``private agencies and
organizations''; and
(ii) by striking ``in exceptional
circumstances'' and inserting ``, as
appropriate to the purposes of the
program'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by striking ``4'' and
inserting ``5''; and
(ii) by amending subparagraph (A)
to read as follows:
``(A) in order 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
(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)--
(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, institution
of higher education, or secondary school to be
served to aid such participants in preparing
for, enrolling in, or succeeding in
postsecondary education, as appropriate to the
particular program for which the eligible
entity is applying.'';
(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'';
(D) in paragraph (6), by adding at the end
the following new sentence: ``The Secretary
shall, as appropriate, require each applicant
for funds under the programs authorized by this
chapter to identify and make available services
under such program, including mentoring,
tutoring, and other services provided by such
program, to foster care youth (including youth
in foster care and youth who have left foster
care after reaching age 13) or to homeless
children and youths as defined in section 725
of the McKinney-Vento Homeless Assistance
Act.''; and
(E) by adding at the end the following:
``(8) Review and notification by the secretary.--
``(A) Guidance.--Not later than 180 days
after the date of enactment of the Higher
Education Opportunity Act, the Secretary shall
issue nonregulatory guidance regarding the
rights and responsibilities of applicants with
respect to the application and evaluation
process for programs and projects assisted
under this chapter, including applicant access
to peer review comments. The guidance shall
describe the procedures for the submission,
processing, and scoring of applications for
grants under this chapter, including--
``(i) the responsibility of
applicants to submit materials in a
timely manner and in accordance with
the processes established by the
Secretary under the authority of the
General Education Provisions Act;
``(ii) steps the Secretary will
take to ensure that the materials
submitted by applicants are processed
in a proper and timely manner;
``(iii) steps the Secretary will
take to ensure that prior experience
points for high quality service
delivery are awarded in an accurate and
transparent manner;
``(iv) steps the Secretary will
take to ensure the quality and
integrity of the peer review process,
including assurances that peer
reviewers will consider applications
for grants under this chapter in a
thorough and complete manner consistent
with applicable Federal law; and
``(v) steps the Secretary will take
to ensure that the final score of an
application, including prior experience
points for high quality service
delivery and points awarded through the
peer review process, is determined in
an accurate and transparent manner.
``(B) Updated guidance.--Not later than 45
days before the date of the commencement of
each competition for a grant under this chapter
that is held after the expiration of the 180-
day period described in subparagraph (A), the
Secretary shall update and publish the guidance
described in such subparagraph.
``(C) Review.--
``(i) In general.--With respect to
any competition for a grant under this
chapter, an applicant may request a
review by the Secretary if the
applicant--
``(I) has evidence of a
specific technical,
administrative, or scoring
error made by the Department,
an agent of the Department, or
a peer reviewer, with respect
to the scoring or processing of
a submitted application; and
``(II) has otherwise met
all of the requirements for
submission of the application.
``(ii) Technical or administrative
error.--In the case of evidence of a
technical or administrative error
listed in clause (i)(I), the Secretary
shall review such evidence and provide
a timely response to the applicant. If
the Secretary determines that a
technical or administrative error was
made by the Department or an agent of
the Department, the application of the
applicant shall be reconsidered in the
peer review process for the applicable
grant competition.
``(iii) Scoring error.--In the case
of evidence of a scoring error listed
in clause (i)(I), when the error
relates to either prior experience
points for high quality service
delivery or to the final score of an
application, the Secretary shall--
``(I) review such evidence
and provide a timely response
to the applicant; and
``(II) if the Secretary
determines that a scoring error
was made by the Department or a
peer reviewer, adjust the prior
experience points or final
score of the application
appropriately and quickly, so
as not to interfere with the
timely awarding of grants for
the applicable grant
competition.
``(iv) Error in peer review
process.--
``(I) Referral to secondary
review.--In the case of a peer
review process error listed in
clause (i)(I), if the Secretary
determines that points were
withheld for criteria not
required in Federal statute,
regulation, or guidance
governing a program assisted
under this chapter or the
application for a grant for
such program, or determines
that information pertaining to
selection criteria was wrongly
determined missing from an
application by a peer reviewer,
then the Secretary shall refer
the application to a secondary
review panel.
``(II) Timely review;
replacement score.--The
secondary review panel
described in subclause (I)
shall conduct a secondary
review in a timely fashion, and
the score resulting from the
secondary review shall replace
the score from the initial peer
review.
``(III) Composition of
secondary review panel.--The
secondary review panel shall be
composed of reviewers each of
whom--
``(aa) did not
review the application
in the original peer
review;
``(bb) is a member
of the cohort of peer
reviewers for the grant
program that is the
subject of such
secondary review; and
``(cc) to extent
practicable, has
conducted peer reviews
in not less than two
previous competitions
for the grant program
that is the subject of
such secondary review.
``(IV) Final score.--The
final peer review score of an
application subject to a
secondary review under this
clause shall be adjusted
appropriately and quickly using
the score awarded by the
secondary review panel, so as
not to interfere with the
timely awarding of grants for
the applicable grant
competition.
``(V) Qualification for
secondary review.--To qualify
for a secondary review under
this clause, an applicant shall
have evidence of a scoring
error and demonstrate that--
``(aa) points were
withheld for criteria
not required in
statute, regulation, or
guidance governing the
Federal TRIO programs
or the application for
a grant for such
programs; or
``(bb) information
pertaining to selection
criteria was wrongly
determined to be
missing from the
application.
``(v) Finality.--
``(I) In general.--A
determination by the Secretary
under clause (i), (ii), or
(iii) shall not be reviewable
by any officer or employee of
the Department.
``(II) Scoring.--The score
awarded by a secondary review
panel under clause (iv) shall
not be reviewable by any
officer or employee of the
Department other than the
Secretary.
``(vi) Funding of applications with
certain adjusted scores.--To the extent
feasible based on the availability of
appropriations, the Secretary shall
fund applications with scores that are
adjusted upward under clauses (ii),
(iii), and (iv) to equal or exceed the
minimum cut off score for the
applicable grant competition.'';
(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
(h)(4), individuals who are foster care youth (including youth
in foster care and youth who have left foster care after
reaching age 13), or homeless children and youths 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.'';
(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.--For
competitions for grants under this chapter that begin
on or after January 1, 2009, 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 described in
paragraphs (2) and (3).
``(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 with a
regular secondary school diploma in the
standard number of years;
``(iv) the completion by such
students of a rigorous secondary school
program of study that will make such
students eligible for programs such as
the Academic Competitiveness Grants
Program;
``(v) the enrollment of such
students in an institution of higher
education; and
``(vi) to the extent practicable,
the postsecondary education completion
of such students.
``(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 such
students eligible for programs such as
the Academic Competitiveness Grants
Program;
``(vi) the enrollment of such
students in an institution of higher
education; and
``(vii) to the extent practicable,
the postsecondary education completion
of such students.
``(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 entity
met or exceeded the entity's objectives
regarding the percentage of such
students' completion of the degree
programs in which such students were
enrolled; 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 such students met or exceeded the
entity's objectives regarding--
``(aa) the completion of a
degree or certificate by such
students; and
``(bb) the transfer of such
students 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 the students
served under the program who remain 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 served by the
program, 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
``(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 served by
the program, 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 each 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 by the Secretary, with the results
for the criterion, measured as of the last day of the
applicable time period for the determination for the
outcome criterion.'';
(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
``$900,000,000 for fiscal year 2009 and such
sums as may be necessary for each of the five
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 30 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) (as redesignated by
subparagraph (A)), by striking ``subparagraph
(A) or (B) of paragraph (3)'' and inserting
``subparagraph (A), (B), or (C) of paragraph
(5)''.
(b) Talent Search.--Section 402B (20 U.S.C. 1070a-12) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``, and
facilitate the application for,'' after ``the
availability of''; and
(B) in paragraph (3), by striking ``, but
who have the ability to complete such programs,
to reenter'' and inserting ``to enter or
reenter, and complete'';
(2) by redesignating subsection (c) as subsection
(d);
(3) by striking subsection (b) and inserting the
following:
``(b) Required Services.--Any project assisted under this
section shall provide--
``(1) connections to high quality academic tutoring
services, to enable students to complete secondary or
postsecondary courses;
``(2) advice and assistance in secondary course
selection and, if applicable, initial postsecondary
course selection;
``(3) assistance in preparing for college entrance
examinations and completing college admission
applications;
``(4)(A) information on the full range of Federal
student financial aid programs and benefits (including
Federal Pell Grant awards and loan forgiveness) and
resources for locating public and private scholarships;
and
``(B) assistance in completing financial aid
applications, including the Free Application for
Federal Student Aid described in section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for
secondary school dropouts that lead to the
receipt of a regular secondary school diploma;
``(C) entry into general educational
development (GED) programs; or
``(D) postsecondary education; and
``(6) connections to education or counseling
services designed to improve the financial literacy and
economic literacy of students or the students' parents,
including financial planning for postsecondary
education.
``(c) Permissible Services.--Any project assisted under
this section may provide services such as--
``(1) academic tutoring, which may include
instruction in reading, writing, study skills,
mathematics, science, and other subjects;
``(2) personal and career counseling or activities;
``(3) information and activities designed to
acquaint youth with the range of career options
available to the youth;
``(4) exposure to the campuses of institutions of
higher education, as well as cultural events, academic
programs, and other sites or activities not usually
available to disadvantaged youth;
``(5) workshops and counseling for families of
students served;
``(6) mentoring programs involving elementary or
secondary school teachers or counselors, faculty
members at institutions of higher education, students,
or any combination of such persons; and
``(7) programs and activities as described in
subsection (b) or paragraphs (1) through (6) of this
subsection that are specially designed for students who
are limited English proficient, students from groups
that are traditionally underrepresented in
postsecondary education, students with disabilities,
students who are homeless children and youths (as such
term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)), students
who are in foster care or are aging out of the foster
care system, or other disconnected students.''; and
(4) in the matter preceding paragraph (1) of
subsection (d) (as redesignated by paragraph (2)), by
striking ``talent search projects under this chapter''
and inserting ``projects under this section''.
(c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is
amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Required Services.--Any project assisted under this
section shall provide--
``(1) academic tutoring to enable students to
complete secondary or postsecondary courses, which may
include instruction in reading, writing, study skills,
mathematics, science, and other subjects;
``(2) advice and assistance in secondary and
postsecondary course selection;
``(3) assistance in preparing for college entrance
examinations and completing college admission
applications;
``(4)(A) information on the full range of Federal
student financial aid programs and benefits (including
Federal Pell Grant awards and loan forgiveness) and
resources for locating public and private scholarships;
and
``(B) assistance in completing financial aid
applications, including the Free Application for
Federal Student Aid described in section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for
secondary school dropouts that lead to the
receipt of a regular secondary school diploma;
``(C) entry into general educational
development (GED) programs; or
``(D) postsecondary education; and
``(6) education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents, including financial
planning for postsecondary education.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Required Services'' and inserting
``Additional Required Services for Multiple-
Year Grant Recipients''; and
(B) by striking ``upward bound project
assisted under this chapter'' and inserting
``project assisted under this section'';
(3) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(4) by inserting after subsection (c) the
following:
``(d) Permissible Services.--Any project assisted under
this section may provide such services as--
``(1) exposure to cultural events, academic
programs, and other activities not usually available to
disadvantaged youth;
``(2) information, activities, and instruction
designed to acquaint youth participating in the project
with the range of career options available to the
youth;
``(3) on-campus residential programs;
``(4) mentoring programs involving elementary
school or secondary school teachers or counselors,
faculty members at institutions of higher education,
students, or any combination of such persons;
``(5) work-study positions where youth
participating in the project are exposed to careers
requiring a postsecondary degree;
``(6) special services, including mathematics and
science preparation, to enable veterans to make the
transition to postsecondary education; and
``(7) programs and activities as described in
subsection (b), subsection (c), or paragraphs (1)
through (6) of this subsection that are specially
designed for students who are limited English
proficient, students from groups that are traditionally
underrepresented in postsecondary education, students
with disabilities, students who are homeless children
and youths (as such term is defined in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a)), students who are in foster care or are aging
out of the foster care system, or other disconnected
students.'';
(5) in subsection (e) (as redesignated by paragraph
(3))--
(A) in the matter preceding paragraph (1),
by striking ``upward bound projects under this
chapter'' and inserting ``projects under this
section'';
(B) in paragraph (2), by striking ``either
low-income'' and all that follows through the
semicolon and inserting ``low-income
individuals, first generation college students,
or students who have a high risk for academic
failure;'';
(C) in paragraph (3), by striking ``and''
after the semicolon;
(D) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(5) require an assurance that no student will be
denied participation in a project assisted under this
section because the student will enter the project
after the 9th grade.'';
(6) in subsection (f) (as redesignated by paragraph
(3))--
(A) by striking ``during June, July, and
August'' each place the term occurs and
inserting ``during the summer school recess,
for a period not to exceed three months''; and
(B) by striking ``(b)(10)'' and inserting
``(d)(5)''; and
(7) by adding at the end the following:
``(h) 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, implement, or enforce the
absolute priority for the 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.''.
(d) Student Support Services.--Section 402D (20 U.S.C.
1070a-14) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and''
after the semicolon; and
(B) by striking paragraph (3) and inserting
the following:
``(3) to foster an institutional climate supportive
of the success of students who are limited English
proficient, students from groups that are traditionally
underrepresented in postsecondary education, students
with disabilities, students who are homeless children
and youths (as such term is defined in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a)), students who are in foster care or are aging
out of the foster care system, or other disconnected
students; and
``(4) to improve the financial literacy and
economic literacy of students, including--
``(A) basic personal income, household
money management, and financial planning
skills; and
``(B) basic economic decisionmaking
skills.'';
(2) by redesignating subsections (c) and (d) as
subsections (d) and (e);
(3) by striking subsection (b) and inserting the
following:
``(b) Required Services.--A project assisted under this
section shall provide--
``(1) academic tutoring, directly or through other
services provided by the institution, to enable
students to complete postsecondary courses, which may
include instruction in reading, writing, study skills,
mathematics, science, and other subjects;
``(2) advice and assistance in postsecondary course
selection;
``(3)(A) information on both the full range of
Federal student financial aid programs and benefits
(including Federal Pell Grant awards and loan
forgiveness) and resources for locating public and
private scholarships; and
``(B) assistance in completing financial aid
applications, including the Free Application for
Federal Student Aid described in section 483(a);
``(4) education or counseling services designed to
improve the financial literacy and economic literacy of
students, including financial planning for
postsecondary education;
``(5) activities designed to assist students
participating in the project in applying for admission
to, and obtaining financial assistance for enrollment
in, graduate and professional programs; and
``(6) activities designed to assist students
enrolled in two-year institutions of higher education
in applying for admission to, and obtaining financial
assistance for enrollment in, a four-year program of
postsecondary education.
``(c) Permissible Services.--A project assisted under this
section may provide services such as--
``(1) individualized counseling for personal,
career, and academic matters provided by assigned
counselors;
``(2) information, activities, and instruction
designed to acquaint students participating in the
project with the range of career options available to
the students;
``(3) exposure to cultural events and academic
programs not usually available to disadvantaged
students;
``(4) mentoring programs involving faculty or upper
class students, or a combination thereof;
``(5) securing temporary housing during breaks in
the academic year for--
``(A) students who are homeless children
and youths (as such term is defined in section
725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a)) or were formerly
homeless children and youths; and
``(B) students who are in foster care or
are aging out of the foster care system; and
``(6) programs and activities as described in
subsection (b) or paragraphs (1) through (4) of this
subsection that are specially designed for students who
are limited English proficient, students from groups
that are traditionally underrepresented in
postsecondary education, students with disabilities,
students who are homeless children and youths (as such
term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)), students
who are in foster care or are aging out of the foster
care system, or other disconnected students.'';
(4) in subsection (d)(1) (as redesignated by
paragraph (2)), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(5) in the matter preceding paragraph (1) of
subsection (e) (as redesignated by paragraph (2)), by
striking ``student support services projects under this
chapter'' and inserting ``projects under this
section''.
(e) Postbaccalaureate Achievement Program Authority.--
Section 402E (20 U.S.C. 1070a-15) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting
``Required'' before ``Services'';
(B) in the matter preceding paragraph (1),
by striking ``A postbaccalaureate achievement
project assisted under this section may provide
services such as--'' and inserting ``A project
assisted under this section shall provide--'';
(C) in paragraph (5), by inserting ``and''
after the semicolon;
(D) in paragraph (6), by striking the
semicolon and inserting a period; and
(E) by striking paragraphs (7) and (8);
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b) the
following:
``(c) Permissible Services.--A project assisted under this
section may provide services such as--
``(1) education or counseling services designed to
improve the financial literacy and economic literacy of
students, including financial planning for
postsecondary education;
``(2) mentoring programs involving faculty members
at institutions of higher education, students, or any
combination of such persons; and
``(3) exposure to cultural events and academic
programs not usually available to disadvantaged
students.'';
(4) in subsection (d) (as redesignated by paragraph
(2))--
(A) in the matter preceding paragraph (1),
by striking ``postbaccalaureate achievement'';
and
(B) in paragraph (2), by inserting after
``graduate education'' the following: ``,
including--
``(A) Alaska Natives, as defined in section
7306 of the Elementary and Secondary Education
Act of 1965;
``(B) Native Hawaiians, as defined in
section 7207 of such Act; and
``(C) Native American Pacific Islanders, as
defined in section 320.'';
(5) in the matter preceding paragraph (1) of
subsection (f) (as redesignated by paragraph (2)), by
striking ``postbaccalaureate achievement project'' and
inserting ``project under this section''; and
(6) in subsection (g) (as redesignated by paragraph
(2))--
(A) by striking ``402A(f)'' and inserting
``402A(g)''; and
(B) by striking ``1993 through 1997'' and
inserting ``2009 through 2014''.
(f) Educational Opportunity Centers.--Section 402F (20
U.S.C. 1070a-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and''
after the semicolon;
(B) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) to improve the financial literacy and
economic literacy of students, including--
``(A) basic personal income, household
money management, and financial planning
skills; and
``(B) basic economic decisionmaking
skills.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (5) through
(10) as paragraphs (6) through (11),
respectively;
(B) by inserting after paragraph (4) the
following:
``(5) education or counseling services designed to
improve the financial literacy and economic literacy of
students;'';
(C) by striking paragraph (7) (as
redesignated by subparagraph (A)) and inserting
the following:
``(7) individualized personal, career, and academic
counseling;''; and
(D) by striking paragraph (11) (as
redesignated by subparagraph (A)) and inserting
the following:
``(11) programs and activities as described in
paragraphs (1) through (10) that are specially designed
for students who are limited English proficient,
students from groups that are traditionally
underrepresented in postsecondary education, students
with disabilities, students who are homeless children
and youths (as such term is defined in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a)), students who are in foster care or are aging
out of the foster care system, or other disconnected
students.''.
(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 who are limited
English proficient, students from groups that are
traditionally underrepresented in postsecondary
education, students with disabilities, students who are
homeless children and youths (as such term is defined
in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), students who are in
foster care or are aging out of the foster care system,
or other disconnected students.''.
(h) 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.--
``(1) In general.--The Secretary shall submit
annually, to the authorizing committees, a report that
documents the performance of all programs funded under
this chapter. Such report shall--
``(A) be submitted not later than 12 months
after the eligible entities receiving funds
under this chapter are required to report their
performance to the Secretary;
``(B) focus on the programs' performance on
the relevant outcome criteria determined under
section 402A(f)(4);
``(C) aggregate individual project
performance data on the outcome criteria in
order to provide national performance data for
each program;
``(D) include, when appropriate,
descriptive data, multi-year data, and multi-
cohort data; and
``(E) include comparable data on the
performance nationally of low-income students,
first-generation students, and students with
disabilities.
``(2) Information.--The Secretary shall provide,
with each report submitted under paragraph (1),
information on the impact of the secondary review
process described in section 402A(c)(8)(C)(iv),
including the number and type of secondary reviews, the
disposition of the secondary reviews, the effect on
timing of awards, and any other information the
Secretary determines is necessary.''; and
(4) in subsection (b) (as redesignated by paragraph
(2)), by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--
``(A) Authorization of grants and
contracts.--For the purpose of improving the
effectiveness of the programs and projects
assisted under this chapter, the Secretary
shall make grants to, or enter into contracts
with, institutions of higher education and
other public and private institutions and
organizations to rigorously evaluate the
effectiveness of the programs and projects
assisted under this chapter, including a
rigorous evaluation of the programs and
projects assisted under section 402C. The
evaluation of the programs and projects
assisted under section 402C shall be
implemented not later than June 30, 2010.
``(B) Content of upward bound evaluation.--
The evaluation of the programs and projects
assisted under section 402C that is described
in subparagraph (A) shall examine the
characteristics of the students who benefit
most from the Upward Bound program under
section 402C and the characteristics of the
programs and projects that most benefit
students.
``(C) Implementation.--Each evaluation
described in this paragraph shall be
implemented in accordance with the requirements
of this section.
``(2) Practices.--
``(A) In general.--The evaluations
described in paragraph (1) shall identify
institutional, community, and program or
project practices that are effective in--
``(i) enhancing the access of low-
income individuals and first-generation
college students to postsecondary
education;
``(ii) the preparation of such
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 the
evaluation's 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). The practices may be used by
eligible entities that receive assistance under
this chapter after the dissemination.
``(3) Special rule related to evaluation
participation.--The Secretary shall not require an
eligible entity, as a condition for receiving, or that
receives, assistance under any program or project under
this chapter to participate in an evaluation under this
section that--
``(A) requires the eligible entity to
recruit additional students beyond those the
program or project would normally recruit; or
``(B) results in the denial of services for
an eligible student under the program or
project.
``(4) Consideration.--When designing an evaluation
under this subsection, the Secretary shall continue to
consider--
``(A) the burden placed on the program
participants or the eligible entity; and
``(B) whether the evaluation meets
generally accepted standards of institutional
review boards.''.
SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS.
(a) Early Intervention and College Awareness Program
Authorized.--Section 404A (20 U.S.C. 1070a-21) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Program Authorized.--The Secretary is authorized, in
accordance with the requirements of this chapter, to establish
a program that encourages eligible entities to provide support,
and maintain a commitment, to eligible low-income students,
including students with disabilities, to assist the students in
obtaining a secondary school diploma (or its recognized
equivalent) and to prepare for and succeed in postsecondary
education, by providing--
``(1) financial assistance, academic support,
additional counseling, mentoring, outreach, and
supportive services to secondary school students,
including students with disabilities, to reduce--
``(A) the risk of such students dropping
out of school; or
``(B) the need for remedial education for
such students at the postsecondary level; and
``(2) information to students and their families
about the advantages of obtaining a postsecondary
education and, college financing options for the
students and their families.'';
(2) in subsection (b), 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--
``(A) six years; or
``(B) in the case of an eligible entity
that applies for a grant under this chapter for
seven years to enable the eligible entity to
provide services to a student through the
student's first year of attendance at an
institution of higher education, seven 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 Higher Education
Opportunity Act, 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 Higher Education Opportunity
Act continue to receive assistance through the
completion of secondary school.''; and
(3) in subsection (c), by striking paragraph (2)
and inserting the following:
``(2) a partnership--
``(A) consisting of--
``(i) one or more local educational
agencies; and
``(ii) one or more degree granting
institutions of higher education; and
``(B) which may include not less than two
other community organizations or entities, such
as businesses, professional organizations,
State agencies, institutions or agencies
sponsoring programs authorized under subpart 4,
or other public or private agencies or
organizations.''.
(b) Requirements.--Section 404B (20 U.S.C. 1070a-22) is
amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Funding Rules.--In awarding grants from the amount
appropriated under section 404H for a fiscal year, the
Secretary shall make available--
``(1) to eligible entities described in section
404A(c)(1), not less than 33 percent of such amount;
``(2) to eligible entities described in section
404A(c)(2), not less than 33 percent of such amount;
and
``(3) to eligible entities described in paragraph
(1) or (2) of section 404A(c), the remainder of such
amount taking into consideration the number, quality,
and promise of the applications for the grants, and, to
the extent practicable--
``(A) the geographic distribution of such
grant awards; and
``(B) the distribution of such grant awards
between urban and rural applicants.'';
(2) by striking subsections (b), (e), and (f);
(3) by redesignating subsections (c), (d), and (g),
as subsections (b), (c), and (d), respectively;
(4) in subsection (d)(1) (as redesignated by
paragraph (3))--
(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
to the extent the provision of such
services was described in the eligible
entity's application for assistance
under this chapter'' 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.''; and
(5) by adding at the end the following:
``(e) Supplement, Not Supplant.--Grant funds awarded under
this chapter shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities assisted under this
chapter.''.
(c) Application.--Section 404C (20 U.S.C. 1070a-23) is
amended--
(1) in the section heading, by striking ``ELIGIBLE
ENTITY PLANS'' and inserting ``APPLICATIONS'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Plan'' and inserting ``Application'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and
inserting ``an application''; and
(ii) by striking the second
sentence; and
(C) by striking paragraph (2) and inserting
the following:
``(2) Contents.--Each application submitted
pursuant to paragraph (1) shall be in such form,
contain or be accompanied by such information or
assurances, and be submitted at such time as the
Secretary may reasonably require. Each such application
shall, at a minimum--
``(A) describe the activities for which
assistance under this chapter is sought,
including how the eligible entity will carry
out the required activities described in
section 404D(a);
``(B) describe, in the case of an eligible
entity described in section 404A(c)(2) that
chooses to provide scholarships, or an eligible
entity described in section 404A(c)(1), how the
eligible entity will meet the requirements of
section 404E;
``(C) describe, in the case of an eligible
entity described in section 404A(c)(2) that
requests a reduced match percentage under
subsection (b)(2), how such reduction will
assist the entity to provide the scholarships
described in subsection (b)(2)(A)(ii);
``(D) provide assurances that adequate
administrative and support staff will be
responsible for coordinating the activities
described in section 404D;
``(E) provide assurances that activities
assisted under this chapter will not displace
an employee or eliminate a position at a school
assisted under this chapter, including a
partial displacement such as a reduction in
hours, wages, or employment benefits;
``(F) describe, in the case of an eligible
entity described in section 404A(c)(1) that
chooses to use a cohort approach, or an
eligible entity described in section
404A(c)(2), how the eligible entity will define
the cohorts of the students served by the
eligible entity pursuant to section 404B(d),
and how the eligible entity will serve the
cohorts through grade 12, including--
``(i) how vacancies in the program
under this chapter will be filled; and
``(ii) how the eligible entity will
serve students attending different
secondary schools;
``(G) describe how the eligible entity will
coordinate programs under this chapter with
other existing Federal, State, or local
programs to avoid duplication and maximize the
number of students served;
``(H) provide such additional assurances as
the Secretary determines necessary to ensure
compliance with the requirements of this
chapter;
``(I) provide information about the
activities that will be carried out by the
eligible entity to support systemic changes
from which future cohorts of students will
benefit; and
``(J) describe the sources of matching
funds that will enable the eligible entity to
meet the matching requirement described in
subsection (b).'';
(3) in subsection (b)--
(A) in the matter preceding subparagraph
(A) of paragraph (1)--
(i) by striking ``a plan'' and
inserting ``an application''; and
(ii) by striking ``such plan'' and
inserting ``such application'';
(B) in paragraph (1)(A), by inserting ``and
may be accrued over the full duration of the
grant award period, except that the eligible
entity shall make substantial progress towards
meeting the matching requirement in each year
of the grant award period'' after ``in cash or
in-kind''; and
(C) in paragraph (2), by adding at the end
the following new sentence: ``The Secretary may
approve an eligible entity's request for a
reduced match percentage--
``(A) at the time of application--
``(i) if the eligible entity
demonstrates significant economic
hardship that precludes the eligible
entity from meeting the matching
requirement; or
``(ii) if the eligible entity is
described in section 404A(c)(2) and
requests that contributions to the
eligible entity's scholarship fund
established under section 404E be
matched on a two to one basis; or
``(B) in response to a petition by an
eligible entity subsequent to a grant award
under this section if the eligible entity
demonstrates that the matching funds described
in its application are no longer available and
the eligible entity has exhausted all revenues
for replacing such matching funds.''; and
(4) in subsection (c)--
(A) in paragraph (1)--
(i) 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,''; and
(ii) by striking the semicolon at
the end and inserting ``including--
``(A) the amount contributed to a student
scholarship fund established under section
404E; and
``(B) the amount of the costs of
administering the scholarship program under
section 404E;'';
(B) in paragraph (2), by striking ``and''
after the semicolon;
(C) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) other resources recognized by the Secretary,
including equipment and supplies, cash contributions
from non-Federal sources, transportation expenses, in-
kind or discounted program services, indirect costs,
and facility usage.''.
(d) Activities.--Section 404D (20 U.S.C. 1070a-24) is
amended to read as follows:
``SEC. 404D. ACTIVITIES.
``(a) Required Activities.--Each eligible entity receiving
a grant under this chapter shall provide comprehensive
mentoring, outreach, and supportive services to students
participating in the programs under this chapter. Such
activities shall include the following:
``(1) Providing information regarding financial aid
for postsecondary education to participating students
in the cohort described in section 404B(d)(1)(A) or to
priority students described in subsection (d).
``(2) Encouraging student enrollment in rigorous
and challenging curricula and coursework, in order to
reduce the need for remedial coursework at the
postsecondary level.
``(3) Improving the number of participating
students who--
``(A) obtain a secondary school diploma;
and
``(B) complete applications for and enroll
in a program of postsecondary education.
``(4) In the case of an eligible entity described
in section 404A(c)(1), providing for the scholarships
described in section 404E.
``(b) Permissible Activities for States and Partnerships.--
An eligible entity that receives a grant under this chapter may
use grant funds to carry out one or more of the following
activities:
``(1) Providing tutors and mentors, who may include
adults or former participants of a program under this
chapter, for eligible students.
``(2) Conducting outreach activities to recruit
priority students described in subsection (d) to
participate in program activities.
``(3) Providing supportive services to eligible
students.
``(4) Supporting the development or implementation
of rigorous academic curricula, which may include
college preparatory, Advanced Placement, or
International Baccalaureate programs, and providing
participating students access to rigorous core academic
courses that reflect challenging State academic
standards.
``(5) Supporting dual or concurrent enrollment
programs between the secondary school and institution
of higher education partners of an eligible entity
described in section 404A(c)(2), and other activities
that support participating students in--
``(A) meeting challenging State academic
standards;
``(B) successfully applying for
postsecondary education;
``(C) successfully applying for student
financial aid; and
``(D) developing graduation and career
plans.
``(6) Providing special programs or tutoring in
science, technology, engineering, or mathematics.
``(7) In the case of an eligible entity described
in section 404A(c)(2), providing support for
scholarships described in section 404E.
``(8) Introducing eligible students to institutions
of higher education, through trips and school-based
sessions.
``(9) Providing an intensive extended school day,
school year, or summer program that offers--
``(A) additional academic classes; or
``(B) assistance with college admission
applications.
``(10) Providing other activities designed to
ensure secondary school completion and postsecondary
education enrollment of at-risk children, such as--
``(A) the identification of at-risk
children;
``(B) after-school and summer tutoring;
``(C) assistance to at-risk children in
obtaining summer jobs;
``(D) academic counseling;
``(E) financial literacy and economic
literacy education or counseling;
``(F) volunteer and parent involvement;
``(G) encouraging former or current
participants of a program under this chapter to
serve as peer counselors;
``(H) skills assessments;
``(I) personal and family counseling, and
home visits;
``(J) staff development; and
``(K) programs and activities described in
this subsection that are specially designed for
students who are limited English proficient.
``(11) Enabling eligible students to enroll in
Advanced Placement or International Baccalaureate
courses, or college entrance examination preparation
courses.
``(12) Providing services to eligible students in
the participating cohort described in section
404B(d)(1)(A), through the first year of attendance at
an institution of higher education.
``(13) 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.
``(14) 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 to eligible students, their families,
and communities.
``(15) In the event that matching funds described
in the application are no longer available, engaging
entities described in section 404A(c)(2) in a
collaborative manner to provide matching resources and
participate in other activities authorized under this
section.
``(c) Additional Permissible Activities for States.--In
addition to the required activities described in subsection (a)
and the permissible activities described in subsection (b), an
eligible entity described in section 404A(c)(1) receiving funds
under this chapter may use grant funds to carry out one or more
of the following activities:
``(1) Providing technical assistance to--
``(A) secondary schools that are located
within the State; or
``(B) partnerships described in section
404A(c)(2) that are located within the State.
``(2) Providing professional development
opportunities to individuals working with eligible
cohorts of students described in section 404B(d)(1)(A).
``(3) Providing administrative support to help
build the capacity of eligible entities described in
section 404A(c)(2) to compete for and manage grants
awarded under this chapter.
``(4) Providing strategies and activities that
align efforts in the State to prepare eligible students
to attend and succeed in postsecondary education, which
may include the development of graduation and career
plans.
``(5) Disseminating information on the use of
scientifically valid research and best practices to
improve services for eligible students.
``(6)(A) Disseminating information on effective
coursework and support services that assist students in
obtaining the goals described in subparagraph (B)(ii).
``(B) Identifying and disseminating information on
best practices with respect to--
``(i) increasing parental involvement; and
``(ii) preparing students, including
students with disabilities and students who are
limited English proficient, to succeed
academically in, and prepare financially for,
postsecondary education.
``(7) Working to align State academic standards and
curricula with the expectations of postsecondary
institutions and employers.
``(8) Developing alternatives to traditional
secondary school that give students a head start on
attaining a recognized postsecondary credential
(including an industry-recognized certificate, an
apprenticeship, or an associate's or a bachelor's
degree), including school designs that give students
early exposure to college-level courses and experiences
and allow students to earn transferable college credits
or an associate's degree at the same time as a
secondary school diploma.
``(9) Creating community college programs for drop-
outs that are personalized drop-out recovery programs
that allow drop-outs to complete a regular secondary
school diploma and begin college-level work.
``(d) Priority Students.--For eligible entities not using a
cohort approach, the eligible entity shall treat as a priority
student any student in secondary school who is--
``(1) eligible to be counted under section 1124(c)
of the Elementary and Secondary Education Act of 1965;
``(2) eligible for assistance under a State program
funded under part A or E of title IV of the Social
Security Act (42 U.S.C. 601 et seq., 670 et seq.);
``(3) eligible for assistance under subtitle B of
title VII of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431 et seq.); or
``(4) otherwise considered by the eligible entity
to be a disconnected student.
``(e) Allowable Providers.--In the case of eligible
entities described in section 404A(c)(1), the activities
required by this section may be provided by service providers
such as community-based organizations, schools, institutions of
higher education, public and private agencies, nonprofit and
philanthropic organizations, businesses, institutions and
agencies sponsoring programs authorized under subpart 4, and
other organizations the State determines appropriate.''.
(e) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
25) is amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsections (b), (c), and (d)
as subsections (d), (f), and (g), respectively;
(3) by inserting after subsection (a) the
following:
``(b) Limitation.--
``(1) In general.--Subject to paragraph (2), each
eligible entity described in section 404A(c)(1) that
receives a grant under this chapter shall use not less
than 25 percent and not more than 50 percent of the
grant funds for activities described in section 404D
(except for the activity described in subsection (a)(4)
of such section), with the remainder of such funds to
be used for a scholarship program under this section in
accordance with such subsection.
``(2) Exception.--Notwithstanding paragraph (1),
the Secretary may allow an eligible entity to use more
than 50 percent of grant funds received under this
chapter for such activities, if the eligible entity
demonstrates that the eligible entity has another means
of providing the students with the financial assistance
described in this section and describes such means in
the application submitted under section 404C.
``(c) Notification of Eligibility.--Each eligible entity
providing scholarships under this section shall provide
information on the eligibility requirements for the
scholarships to all participating students upon the students'
entry into the programs assisted under this chapter.'';
(4) in subsection (d) (as redesignated by paragraph
(2)), by striking ``the lesser of'' and all that
follows through the period at the end of paragraph (2)
of such subsection (d) and inserting ``the minimum
Federal Pell Grant award under section 401 for such
award year.'';
(5) by inserting after subsection (d) (as
redesignated by paragraph (2) and amended by paragraph
(4)) the following:
``(e) Portability of Assistance.--
``(1) In general.--Each eligible entity described
in section 404A(c)(1) that receives a grant under this
chapter shall hold in reserve, for the students served
by such grant as described in section 404B(d)(1)(A) or
404D(d), an amount that is not less than the minimum
scholarship amount described in subsection (d),
multiplied by the number of students the eligible
entity estimates will meet the requirements of
paragraph (2).
``(2) Requirement for portability.--Funds held in
reserve under paragraph (1) shall be made available to
an eligible student when the eligible student has--
``(A) completed a secondary school diploma,
its recognized equivalent, or another
recognized alternative standard for individuals
with disabilities; and
``(B) enrolled in an institution of higher
education.
``(3) Qualified educational expenses.--Funds
available to an eligible student under this subsection
may be used for--
``(A) tuition, fees, books, supplies, and
equipment required for the enrollment or
attendance of the eligible student at an
institution of higher education; and
``(B) in the case of an eligible student
with special needs, expenses for special needs
services that are incurred in connection with
such enrollment or attendance.
``(4) Return of funds.--
``(A) Redistribution.--
``(i) In general.--Funds held in
reserve under paragraph (1) that are
not used by an eligible student within
six years of the student's scheduled
completion of secondary school may be
redistributed by the eligible entity to
other eligible students.
``(ii) Return of excess to the
secretary.--If, after meeting the
requirements of paragraph (1) and, if
applicable, redistributing excess funds
in accordance with clause (i) of this
subparagraph, an eligible entity has
funds held in reserve under paragraph
(1) that remain available, the eligible
entity shall return such remaining
reserved funds to the Secretary for
distribution to other grantees under
this chapter in accordance with the
funding rules described in section
404B(a).
``(B) Nonparticipating entity.--
Notwithstanding subparagraph (A), in the case
of an eligible entity that does not receive
assistance under this subpart for six fiscal
years, the eligible entity shall return any
funds held in reserve under paragraph (1) that
are not awarded or obligated to eligible
students to the Secretary for distribution to
other grantees under this chapter.''; and
(6) in subsection (g)(4) (as redesignated by
paragraph (2)), by striking ``early intervention
component required under section 404D'' and inserting
``activities required under section 404D(a)''.
(f) 21st Century Scholar Certificates.--Section 404F (20
U.S.C. 1070a-26) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) In General.--An eligible entity that receives a grant
under this chapter shall provide certificates, to be known as
21st Century Scholar Certificates, to all students served by
the eligible entity who are participating in a program under
this chapter.
``(b) Information Required.--A 21st Century Scholar
Certificate shall be personalized for each student and indicate
the amount of Federal financial aid for college and the
estimated amount of any scholarship provided under section
404E, if applicable, that a student may be eligible to
receive.''.
(g) Evaluation.--Section 404G(c) (20 U.S.C. 1070a-27(c)) is
amended by adding at the end the following: ``Such evaluation
shall include a separate analysis of--
``(1) the implementation of the scholarship
component described in section 404E; and
``(2) the use of methods for complying with
matching requirements described in paragraphs (1) and
(2) of section 404C(c).''.
(h) Authorization of Appropriations.--Section 404H (20
U.S.C. 1070a-28) is amended by striking ``$200,000,000 for
fiscal year 1999'' and all that follows through the period and
inserting ``$400,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the five succeeding fiscal
years.''.
SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C.
1070a-31 et seq.) is repealed.
SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.
(a) Appropriations Authorized.--Section 413A(b)(1) (20
U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000 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 five succeeding fiscal years.''.
(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''.
(c) Technical Correction.--Section 413D(a)(1) (20 U.S.C.
1070b-3(a)(1)) is amended by striking ``such institution'' and
all that follows through the period and inserting ``such
institution 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).''.
SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.
(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 five 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.--Section 415C(b) (20 U.S.C. 1070c-2(b))
is amended--
(1) in paragraph (2), by striking ``not in excess
of $5,000 per academic year'' and inserting ``not to
exceed the lesser of $12,500 or the student's cost of
attendance per academic year''; and
(2) in paragraph (9), by striking ``and'' after the
semicolon;
(3) in paragraph (10)--
(A) by striking ``a direct appropriation
of''; and
(B) 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, the
State, and, where applicable, other
contributing partners.''.
(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, including community-based
organizations, in order to--
``(A) carry out activities under this
section; and
``(B) provide coordination and cohesion
among Federal, State, and local governmental
and private efforts that provide financial
assistance to help low-income students attend
an institution of higher education;
``(2) provide need-based grants for access and
persistence to eligible low-income students;
``(3) provide early notification to low-income
students of the students' 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, as
described in paragraph (2), 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 such
State's 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 described in 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 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 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--
``(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 need 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 on
behalf of a partnership described in paragraph
(3) 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) An assurance 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. A State that uses non-
Federal funds to create or expand
partnerships with entities described in
subsection (a)(1), in which such
entities match State funds for student
scholarships, may apply such matching
funds from such entities toward
fulfilling the State's matching
obligation under this clause.
``(iii) An assurance that the State
will use funds provided under this
section to supplement, and not
supplant, Federal and State funds
available for carrying out the
activities under this title.
``(iv) An assurance 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.
``(v) A description of the
organizational structure that the State
has in place to administer the
activities under subsection (d),
including a description of how the
State will compile information on
degree completion of students receiving
grants under this section.
``(vi) A description of the steps
the State will take to ensure that
students who receive grants under this
section persist to degree completion.
``(vii) An assurance 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.
``(viii) An assurance 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, and, where applicable,
other contributing partners.
``(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, if
applicable;
``(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 non-Federal share
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 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 grants for access and
persistence 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 grants for access and
persistence 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 grants for access and persistence 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 of grants.--The amount of a
grant for access and persistence awarded by a
State to a student under this section shall be
not less than--
``(i) the average undergraduate
tuition and mandatory fees at the
public institutions of higher education
in the State where the student resides
that are of the same type of
institution as the institution of
higher education the student attends;
minus
``(ii) other Federal and State aid
the student receives.
``(C) Special rules.--
``(i) Partnership institutions.--A
State receiving an allotment under this
section may restrict the use of grants
for access and persistence under this
section by awarding the grants only to
students attending institutions of
higher education that are participating
in the partnership.
``(ii) Out-of-state institutions.--
If a State provides grants through
another program under this subpart to
students attending institutions of
higher education located in another
State, grants awarded under this
section may be used at institutions of
higher education located in another
State.
``(2) Early notification.--
``(A) In general.--Each State receiving an
allotment under this section shall annually
notify low-income students in grades seven
through 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 notice 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 eligibility for a
grant for access and
persistence is enhanced through
participation in an early
information and intervention,
mentoring, or outreach program;
``(III) an explanation that
student and family eligibility
for, and participation in,
other Federal means-tested
programs may indicate
eligibility for a grant for
access and persistence and
other student aid programs;
``(IV) a nonbinding
estimate of the total amount of
financial aid that a low-income
student with a similar income
level may expect to receive,
including an estimate of the
amount of a grant for access
and persistence and an estimate
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 a
grant for access and
persistence, at a minimum, a
student shall--
``(aa) meet the
requirement under
paragraph (3);
``(bb) graduate
from secondary school;
and
``(cc) enroll at an
institution of higher
education--
``(AA) that is a
partner in the
partnership; or
``(BB) with respect
to which attendance is
permitted under
subsection
(d)(1)(C)(ii);
``(VI) information on any
additional requirements (such
as a student pledge detailing
student responsibilities) that
the State may impose for
receipt of a grant for access
and persistence under this
section; and
``(VII) instructions on how
to apply for a grant for access
and persistence 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
``(ii) may include a disclaimer
that grant awards for access and
persistence are contingent on--
``(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 or qualifies under
subsection (d)(1)(C)(ii);
``(II) annual Federal and
State spending for higher
education; and
``(III) other aid received
by the student at the time of
the student's enrollment at
such institution of higher
education.
``(3) Eligibility.--In determining which students
are eligible to receive grants for access and
persistence, the State shall ensure that each such
student complies with the following subparagraph (A) or
(B):
``(A) Meets not less than two 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
determined under part F, or a
comparable alternative based upon the
State's approved criteria in section
415C(b)(4).
``(ii) Qualifies for the State's
maximum undergraduate award, as
authorized under section 415C(b).
``(iii) 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, a
grant for access and persistence under this
section, in accordance with paragraph (5).
``(4) Grant award.--Once a student, including those
students who have 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 eligible by
the State under paragraph (3), the State shall--
``(A) issue the student a preliminary award
certificate for a grant for access and
persistence with estimated award amounts; and
``(B) inform the student that payment of
the grant for access and persistence award
amounts is subject to certification of
enrollment and award eligibility by the
institution of higher education.
``(5) Duration of award.--An eligible student who
receives a grant for access and persistence 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 degree completion.
``(e) Administrative Cost Allowance.--A State that receives
an allotment under this section may reserve not more than two
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
that 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 with 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 the 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 the State's total expenditures for need-based
grants, scholarships, and work-study assistance for fiscal year
1999 (including any such assistance provided under this
subpart).
``(j) Continuation and Transition.--For the two-year period
that begins on the date of enactment of the Higher Education
Opportunity Act, the Secretary shall continue to award grants
under section 415E of the Higher Education Act of 1965 as such
section existed on the day before the date of enactment of the
Higher Education Opportunity Act to States that choose to apply
for grants under such predecessor section.
``(k) Reports.--Not later than three years after the date
of enactment of the Higher Education Opportunity Act 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.''.
SEC. 408. 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)--
(I) by striking ``parents''
and inserting ``immediate
family''; and
(II) by striking ``(or such
part's predecessor
authority)'';
(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 two-year institutions
of higher education, encouraging the students to
transfer to four-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 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
one percent for outreach activities, technical
assistance, and professional development programs
relating to the programs under subsection (a);
``(2) for any fiscal year for which the amount
appropriated to carry out this section is equal to or
greater than $40,000,000, 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
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; and
``(3) for any fiscal year for which the amount
appropriated to carry out this section is less than
$40,000,000, shall, in awarding grants from the
remainder of such amounts make available the same
percentage of funds to the high school equivalency
program and to the college assistance migrant program
as was made available for each such program for the
fiscal year preceding the fiscal year for which the
grant was made.'';
(7) by striking subsection (h) (as redesignated by
paragraph (5)) and inserting the following:
``(h) Data Collection.--The Secretary 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, as applicable;
``(2) not less often than once every two years,
prepare and submit to the authorizing committees a
report based on the most recently available data under
paragraph (1); and
``(3) make such report available to the public.'';
and
(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 five
succeeding fiscal years.''.
SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
(a) Eligibility of Scholars.--Section 419F(a) (20 U.S.C.
1070d-36(a)) is amended by inserting ``(or a home school,
whether treated as a home school or a private school under
State law)'' after ``public or private secondary school''.
(b) Authorization of Appropriations.--Section 419K (20
U.S.C. 1070d-41) is amended by striking ``$45,000,000 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 five succeeding fiscal years.''.
SEC. 410. 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--
(1) by striking ``A grant'' and inserting the
following:
``(i) In general.--Except as
provided in clause (ii), a grant''; and
(2) by adding at the end the following:
``(ii) Increase trigger.--For any
fiscal year for which the amount
appropriated under the authority of
subsection (g) is equal to or greater
than $20,000,000, a grant under this
section shall be awarded in an amount
that is not less than $30,000.''.
(b) Eligible Institutions.--Section 419N(b)(4) (20 U.S.C.
1070e(b)(4)) is amended by inserting ``, except that for any
fiscal year for which the amount appropriated to carry out this
section is equal to or greater than $20,000,000, this sentence
shall be applied by substituting `$250,000' for `$350,000'''
before the period.
(c) Definition of Low-Income Student.--Paragraph (7) of
section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as
follows:
``(7) Definition of low-income student.--For the
purpose of this section, the term `low-income student'
means a student--
``(A) who is eligible to receive a Federal
Pell Grant for the award year for which the
determination is made; or
``(B) who would otherwise be eligible to
receive a Federal Pell Grant for the award year
for which the determination is made, except
that the student fails to meet the requirements
of--
``(i) section 401(c)(1) because the
student is enrolled in a graduate or
first professional course of study; or
``(ii) section 484(a)(5) because
the student is in the United States for
a temporary purpose.''.
(d) Publicity.--Section 419N(b) (20 U.S.C. 1070e(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) Reporting Requirements.--Section 419N(e) (20 U.S.C.
1070e(e)) is amended--
(1) in paragraph (1)(A), by striking ``18 months,''
and all that follows through the end 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''.
(f) 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 that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2009
and each of the five succeeding fiscal years.''.
SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.)
is repealed.
SEC. 412. TEACH GRANTS.
(a) Amendments.--Subpart 9 of part A of title IV (20 U.S.C.
1070g et seq.) is amended--
(1) in section 420N (20 U.S.C. 1070g-2)--
(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 at the end the following new
subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--If 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 the recipient's service obligation may be
excused from fulfilling that portion of the service
obligation.''; and
(2) by adding at the end the following new section:
``SEC. 420P. PROGRAM REPORT.
``Not later than two years after the date of enactment of
the Higher Education Opportunity Act and every two years
thereafter, the Secretary shall prepare and submit to the
authorizing committees a report on TEACH grants with respect to
the schools and students served by recipients of such grants.
Such report shall take into consideration information related
to--
``(1) the number of TEACH grant recipients;
``(2) the degrees obtained by such recipients;
``(3) 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;
``(4) the duration of such service; and
``(5) any other data necessary to conduct such
evaluation.''.
(b) Effective Date.--The amendments made by subsection
(a)(1) shall take effect on July 1, 2010.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
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 ``2014'';
and
(2) by striking ``2016'' and inserting ``2018''.
SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
(a) Definitions.--
(1) Amendments.--Subparagraph (C) of section
428(a)(2) (20 U.S.C. 1078(a)(2)) is amended to read as
follows:
``(C) For the purpose of this paragraph--
``(i) a student's cost of attendance shall
be determined under section 472;
``(ii) a student's estimated financial
assistance means, for the period for which the
loan is sought--
``(I) the amount of assistance such
student will receive under subpart 1 of
part A (as determined in accordance
with section 484(b)), subpart 3 of part
A, and parts C and E; plus
``(II) other scholarship, grant, or
loan assistance, but excluding--
``(aa) any national service
education award or post-service
benefit under title I of the
National and Community Service
Act of 1990; and
``(bb) any veterans'
education benefits as defined
in section 480(c); and
``(iii) the determination of need and of
the amount of a loan by an eligible institution
under subparagraph (B) with respect to a
student shall be calculated in accordance with
part F.''.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect on July 1, 2010.
(b) Duration of Authority To Make Interest Subsidized
Loans.--Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
(1) by striking ``2012'' and inserting ``2014'';
and
(2) by striking ``2016'' and inserting ``2018''.
(c) Insurance Program Agreements.--
(1) Deferment information requirements.--Section
428(b)(1)(Y) (20 U.S.C. 1078(b)(1)(Y)) is amended--
(A) by striking clause (i) and inserting
the following:
``(i) the lender shall determine
the eligibility of a borrower for a
deferment described in subparagraph
(M)(i) based on--
``(I) receipt of a request
for deferment from the borrower
and documentation of the
borrower's eligibility for the
deferment;
``(II) receipt of a newly
completed loan application that
documents the borrower's
eligibility for a deferment;
``(III) receipt of student
status information documenting
that the borrower is enrolled
on at least a half-time basis;
or
``(IV) the lender's
confirmation of the borrower's
half-time enrollment status
through use of the National
Student Loan Data System, if
the confirmation is requested
by the institution of higher
education;'';
(B) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the lender shall, at the
time the lender grants a deferment to a
borrower who received a loan under
section 428H and is eligible for a
deferment under subparagraph (M) of
this paragraph, provide information to
the borrower to assist the borrower in
understanding the impact of the
capitalization of interest on the
borrower's loan principal and on the
total amount of interest to be paid
during the life of the loan.''.
(2) Transfer information requirements.--Section
428(b)(2)(F)(i) (20 U.S.C. 1078(b)(2)(F)(i)) is
amended--
(A) in subclause (III), by striking ``and''
after the semicolon;
(B) in subclause (IV), by striking ``and''
after the semicolon; and
(C) by adding at the end the following:
``(V) the effective date of
the transfer;
``(VI) the date on which
the current servicer (as of the
date of the notice) will stop
accepting payments; and
``(VII) the date on which
the new servicer will begin
accepting payments; and''.
(d) Restrictions on Inducements, Payments, Mailings, and
Advertising.--Paragraph (3) of section 428(b) (20 U.S.C.
1078(b)(3)) is amended to read as follows:
``(3) Restrictions on inducements, payments,
mailings, and advertising.--A guaranty agency shall
not--
``(A) offer, directly or indirectly,
premiums, payments, stock or other securities,
prizes, travel, entertainment expenses, tuition
payment or reimbursement, or other inducements
to--
``(i) any institution of higher
education or the employees of an
institution of higher education in
order to secure applicants for loans
made under this part; or
``(ii) any lender, or any agent,
employee, or independent contractor of
any lender or guaranty agency, in order
to administer or market loans made
under this part (other than a loan made
as part of the guaranty agency's
lender-of-last-resort program pursuant
to section 428(j)), for the purpose of
securing the designation of the
guaranty agency as the insurer of such
loans;
``(B) conduct unsolicited mailings, by
postal or electronic means, of student loan
application forms to students enrolled in
secondary schools or postsecondary educational
institutions, or to the families of such
students, except that applications may be
mailed, by postal or electronic means, to
students or borrowers who have previously
received loans guaranteed under this part by
the guaranty agency;
``(C) perform, for an institution of higher
education participating in a program under this
title, any function that such institution is
required to perform under this title, except
that the guaranty agency may perform functions
on behalf of such institution in accordance
with section 485(b);
``(D) pay, on behalf of an institution of
higher education, another person to perform any
function that such institution is required to
perform under this title, except that the
guaranty agency may perform functions on behalf
of such institution in accordance with section
485(b); or
``(E) conduct fraudulent or misleading
advertising concerning loan availability,
terms, or conditions.
It shall not be a violation of this paragraph for a
guaranty agency to provide technical assistance to
institutions of higher education comparable to the
technical assistance provided to institutions of higher
education by the Department.''.
(e) Information Regarding Income-Based Repayment Plans.--
(1) In general.--Section 428(b)(9)(A) (20 U.S.C.
1078(b)(9)(A)) is amended--
(A) in clause (iii), by striking ``and''
after the semicolon;
(B) in clause (iv), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(v) beginning July 1, 2009, an
income-based repayment plan that
enables a borrower who has a partial
financial hardship to make a lower
monthly payment in accordance with
section 493C, except that the plan
described in this clause shall not be
available to a borrower for a loan
under section 428B made on behalf of a
dependent student or for a
consolidation loan under section 428C,
if the proceeds of such loan were used
to discharge the liability of a loan
under section 428B made on behalf of a
dependent student.''.
(2) Conforming amendment.--Section 428(b)(1)(L)(i)
(20 U.S.C. 1078(b)(1)(L)(i)) is amended by striking
``clause (ii) or (iii)'' and inserting ``clause (ii),
(iii), or (v)''.
(f) Forbearance Information Requirements in Guaranty
Agreements.--Section 428(c) (20 U.S.C. 1078(c)) is amended--
(1) in paragraph (2)(H)(i), by striking
``preclaims'' and inserting ``default aversion''; and
(2) in paragraph (3)(C)--
(A) in clause (i), by striking ``and''
after the semicolon;
(B) in clause (ii), by striking ``and''
after the semicolon; and
(C) by inserting after clause (ii) the
following:
``(iii) the lender shall, at the
time of granting a borrower
forbearance, provide information to the
borrower to assist the borrower in
understanding the impact of
capitalization of interest on the
borrower's loan principal and total
amount of interest to be paid during
the life of the loan; and
``(iv) the lender shall contact the
borrower not less often than once every
180 days during the period of
forbearance to inform the borrower of--
``(I) the amount of unpaid
principal and the amount of
interest that has accrued since
the last statement of such
amounts provided to the
borrower by the lender;
``(II) the fact that
interest will accrue on the
loan for the period of
forbearance;
``(III) the amount of
interest that will be
capitalized, and the date on
which capitalization will
occur;
``(IV) the option of the
borrower to pay the interest
that has accrued before the
interest is capitalized; and
``(V) the borrower's option
to discontinue the forbearance
at any time; and''.
(g) Applicability of Usury Laws.--
(1) Amendment.--Section 428(d) (20 U.S.C. 1078(d))
is amended by inserting ``and section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 527)''
after ``this Act''.
(2) Conforming amendment.--Section 438 (20 U.S.C.
1087-1) is amended by adding at the end the following
new subsection:
``(g) Special Rule.--With respect to any loan made under
this part for which the interest rate is determined under the
Servicemembers Civil Relief Act (50 U.S.C. App. 527), the
applicable interest rate to be subtracted in calculating the
special allowance for such loan under this section shall be the
interest rate determined under that Act for such loan.''.
(3) Effective dates.--The amendment made by
paragraph (1) shall take effect on the date of
enactment of this Act, and the amendment made by
paragraph (2) shall take effect for loans for which the
first disbursement is made on or after July 1, 2008.
(h) Repeal of Duplicative Notice Requirement.--Subsection
(e) of section 428 (20 U.S.C. 1078(e)) is repealed.
(i) Information on Defaults.--Section 428(k) (20 U.S.C.
1078(k)) is amended by adding at the end the following:
``(4) Provision of information to borrowers in
default.--Each guaranty agency that has received a
default claim from a lender regarding a borrower, shall
provide the borrower in default, on not less than two
separate occasions, with a notice, in simple and
understandable terms, of not less than the following
information:
``(A) The options available to the borrower
to remove the borrower's loan from default.
``(B) The relevant fees and conditions
associated with each option.''.
(j) Authority to Require Income-Based Repayment.--Section
428(m) (20 U.S.C. 1078(m)) is amended--
(1) in the subsection heading, by inserting ``and
Income-Based'' after ``Income Contingent'';
(2) in paragraph (1)--
(A) by inserting ``or income-based
repayment plan'' before ``, the terms and
conditions''; and
(B) by inserting ``or an income-based
repayment plan under section 493C, as the case
may be'' before the period at the end; and
(3) in the paragraph heading of paragraph (2), by
inserting ``or income-based'' after ``income
contingent''.
SEC. 423. VOLUNTARY FLEXIBLE AGREEMENTS.
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding
at the end the following:
``(3) Report required.--
``(A) In general.--The Secretary, in
consultation with the guaranty agencies
operating 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--
``(i) program integrity and program
and cost efficiencies, delinquency
prevention, and default aversion,
including a comparison of such outcomes
to such outcomes for each guaranty
agency operating under an agreement
under subsection (b) or (c) of section
428;
``(ii) consumer education programs
described in section 433A; and
``(iii) the availability and
delivery of student financial aid.
``(B) Contents.--Each report described in
subparagraph (A) shall include--
``(i) a description of each
voluntary flexible agreement and the
performance goals established by the
Secretary for each agreement;
``(ii) a list of--
``(I) guaranty agencies
operating under voluntary
flexible agreements;
``(II) the specific
statutory or regulatory waivers
provided to each such guaranty
agency; and
``(III) any other waivers
provided to other guaranty
agencies under paragraph (1);
``(iii) a description of the
standards by which each guaranty
agency's performance under the guaranty
agency's voluntary flexible agreement
was assessed and the degree to which
each guaranty agency achieved the
performance standards;
``(iv) an analysis of the fees paid
by the Secretary, and the costs and
efficiencies achieved under each
voluntary flexible agreement; and
``(v) an identification of
promising practices for program
improvement that could be replicated by
other guaranty agencies.''.
SEC. 424. FEDERAL PLUS LOANS.
(a) Amendments.--Section 428B (20 U.S.C. 1078-2) is
amended--
(1) in subsection (a)(3)(B)(i), by striking
subclause (II) and inserting the following:
``(II) does not otherwise have an
adverse credit history, as determined
by the lender in accordance with the
regulations promulgated pursuant to
paragraph (1)(A), as such regulations
were in effect on the day before the
date of enactment of the Ensuring
Continued Access to Student Loans Act
of 2008.''; and
(2) in subsection (d), by striking paragraphs (1)
and (2) and inserting the following:
``(1) Commencement of repayment.--Repayment of
principal on loans made under this section shall
commence not later than 60 days after the date such
loan is disbursed by the lender, subject to deferral--
``(A)(i) during any period during which the
parent borrower or the graduate or professional
student borrower meets the conditions required
for a deferral under section 427(a)(2)(C) or
428(b)(1)(M); and
``(ii) upon the request of the parent
borrower, during any period during which the
student on whose behalf the loan was borrowed
by the parent borrower meets the conditions
required for a deferral under section
427(a)(2)(C)(i)(I) or 428(b)(1)(M)(i)(I); and
``(B)(i) in the case of a parent borrower,
upon the request of the parent borrower, during
the 6-month period beginning on the later of--
``(I) the day after the date the
student on whose behalf the loan was
borrowed ceases to carry at least one-
half the normal full-time academic
workload (as determined by the
institution); or
``(II) if the parent borrower is
also a student, the day after the date
such parent borrower ceases to carry at
least one-half such a workload; and
``(ii) in the case of a graduate or
professional student borrower, during the 6-
month period beginning on the day after the
date such student ceases to carry at least one-
half the normal full-time academic workload (as
determined by the institution).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made
under this section for which payments of
principal are deferred pursuant to paragraph
(1) shall, if agreed upon by the borrower and
the lender--
``(i) be paid monthly or quarterly;
or
``(ii) 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 ``section'' and all that
follows through ``428C'' and inserting ``section 428B or
428C''.
(c) Effective Date.--The amendments made by this section
shall take effect for loans for which the first disbursement is
made on or after July 1, 2008.
SEC. 425. FEDERAL CONSOLIDATION LOANS.
(a) Eligible Borrower.--Section 428C(a)(3)(B)(i)(V) (20
U.S.C. 1078-3(a)(3)(B)(i)(V)) is amended--
(1) in item (aa), by striking ``or'' after the
semicolon;
(2) in item (bb), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(cc) for the purpose of using the
no accrual of interest for active duty
service members benefit offered under
section 455(o).''.
(b) Consolidation Loan Lender Agreements.--
(1) In general.--Section 428C(b)(1) (20 U.S.C.
1078-3(b)(1)) is amended--
(A) in subparagraph (E), by striking
``and'' after the semicolon;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) that the lender shall disclose to a
prospective borrower, in simple and
understandable terms, at the time the lender
provides an application for a consolidation
loan--
``(i) whether consolidation would
result in a loss of loan benefits under
this part or part D, including loan
forgiveness, cancellation, and
deferment;
``(ii) with respect to Federal
Perkins Loans under part E--
``(I) that if a borrower
includes a Federal Perkins Loan
under part E in the
consolidation loan, the
borrower will lose all
interest-free periods that
would have been available for
the Federal Perkins Loan, such
as--
``(aa) the periods
during which no
interest accrues on
such loan while the
borrower is enrolled in
school at least half-
time;
``(bb) the grace
period under section
464(c)(1)(A); and
``(cc) the periods
during which the
borrower's student loan
repayments are deferred
under section
464(c)(2);
``(II) that if a borrower
includes a Federal Perkins Loan
in the consolidation loan, the
borrower will no longer be
eligible for cancellation of
part or all of the Federal
Perkins Loan under section
465(a); and
``(III) the occupations
listed in section 465 that
qualify for Federal Perkins
Loan cancellation under section
465(a);
``(iii) the repayment plans that
are available to the borrower;
``(iv) the options of the borrower
to prepay the consolidation loan, to
pay such loan on a shorter schedule,
and to change repayment plans;
``(v) that borrower benefit
programs for a consolidation loan may
vary among different lenders;
``(vi) the consequences of default
on the consolidation loan; and
``(vii) that by applying for a
consolidation loan, the borrower is not
obligated to agree to take the
consolidation loan; and''.
(2) Consolidation loans.--Section 428C(b)(5) (20
U.S.C. 1078-3(b)(5)) is amended--
(A) 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.'';
and
(B) by striking ``Such direct consolidation
loan'' and inserting ``A direct consolidation
loan offered under this paragraph''.
(3) Conforming amendment.--Section 455(g) (20
U.S.C. 1087e(g)) is amended by striking ``section
428C(b)(1)(F)'' and inserting ``section
428C(b)(1)(G)''.
(c) Technical Amendment.--Section 203(b)(2)(C) of the
College Cost Reduction and Access Act (121 Stat. 794) is
amended by striking ``the second sentence'' and inserting ``the
third sentence''.
(d) Income-Based Repayment.--
(1) Amendments.--Section 428C(c) (20 U.S.C. 1078-
3(c)) is amended--
(A) in the matter preceding clause (i) of
paragraph (2)(A)--
(i) by striking ``or income-
sensitive'' and inserting ``income-
sensitive, or income-based''; and
(ii) by inserting ``or income-
based'' after ``such income-
sensitive''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``except
in the case of an income-based
repayment schedule under
section 493C'', before ``a
repayment''; and
(II) by striking ``and''
after the semicolon;
(ii) in subparagraph (B), by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following:
``(C) an income-based repayment schedule
under section 493C shall not be available to a
consolidation loan borrower who used the
proceeds of the loan to discharge the liability
on a loan under section 428B, or a Federal
Direct PLUS loan, made on behalf of a dependent
student.''.
(2) Effective date.--The amendments made by this
subsection shall take effect on July 1, 2009.
(e) Extension of Consolidation Loan Authority.--Section
428C(e) (20 U.S.C. 1078-3(e)) is amended by striking ``2012''
and inserting ``2014''.
SEC. 426. DEFAULT REDUCTION PROGRAM.
Section 428F (20 U.S.C. 1078-6) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by adding at the
end the following: ``Upon the sale of the loan
to an eligible lender, the guaranty agency or
other holder of the loan shall request any
consumer reporting agency to which the guaranty
agency or holder, as applicable, reported the
default of the loan, to remove the record of
default from the borrower's credit history.'';
and
(B) by adding at the end the following:
``(5) Limitation.--A borrower may obtain the
benefits available under this subsection with respect
to rehabilitating a loan only one time per loan.''; and
(2) by adding at the end the following:
``(c) Financial and Economic Literacy.--Each program
described in subsection (b) shall include making available
financial and economic education materials for a borrower who
has rehabilitated a loan.''.
SEC. 427. 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:
``(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:
``(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'.''.
SEC. 428. UNSUBSIDIZED STAFFORD LOAN LIMITS.
(a) Amendments.--Section 428H(d) (20 U.S.C. 1078-8(d)) is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking
``Graduate and professional students'' and
inserting ``Graduate, professional, and
independent postbaccalaureate students''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause
(i), by inserting ``, or a student
described in clause (ii),'' after
``graduate or professional student'';
and
(ii) by striking clause (ii) and
inserting the following:
``(ii) notwithstanding paragraph
(4), in the case of an independent
student, or a dependent student whose
parents are unable to borrow under
section 428B or the Federal Direct PLUS
Loan Program, who has obtained a
baccalaureate degree and who is
enrolled in coursework specified in
paragraph (3)(B) or (4)(B) of section
484(b)--
``(I) $7,000 for coursework
necessary for enrollment in a
graduate or professional
program; and
``(II) $7,000 for
coursework necessary for a
professional credential or
certification from a State
required for employment as a
teacher in an elementary or
secondary school,''; and
(2) in paragraph (4)(A), by striking clause (iii)
and inserting the following:
``(iii) in the case of such a
student enrolled in coursework
specified in--
``(I) section 484(b)(3)(B),
$6,000; or
``(II) section
484(b)(4)(B), $7,000.''.
(b) Effective Date.--The amendments made by this section
shall take effect for loans for which the first disbursement is
made on or after July 1, 2008.
SEC. 429. LOAN FORGIVENESS FOR TEACHERS EMPLOYED BY EDUCATIONAL SERVICE
AGENCIES.
Section 428J (20 U.S.C. 1078-10) is amended--
(1) in subsection (b)(1)(A)--
(A) by inserting ``or location'' after ``a
school''; and
(B) by inserting ``or locations'' after
``schools'';
(2) in subsection (c)(1), by striking the second
sentence;
(3) in subsection (c)(3)(B)(iii), by inserting
``or, in the case of a teacher who is employed by an
educational service agency, as certified by the chief
administrative officer of such agency,'' after
``borrower is employed,''; and
(4) in subsection (g), by striking paragraph (2)
and inserting the following:
``(2) Prevention of double benefits.--No borrower
may, for the same service, receive a benefit under both
this section and--
``(A) section 428K;
``(B) section 455(m);
``(C) section 460; or
``(D) subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).''.
SEC. 430. 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
qualified loan amount described in subsection (c) of
the student loan obligation of a borrower who--
``(A) is employed full-time in an area of
national need, as 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 or an excepted consolidation loan (as such
terms are 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 an excepted PLUS loan or an excepted
consolidation loan).
``(3) Regulations.--The Secretary is authorized to
issue such regulations as may be necessary to carry out
this section.
``(b) Areas of National Need.--For purposes of this
section, an individual is employed in an area of national need
if the individual meets the requirements of one of the
following:
``(1) Early childhood educators.--The individual is
employed full-time as an early childhood educator.
``(2) Nurses.--The individual is employed full-
time--
``(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.--The
individual--
``(A) has obtained a baccalaureate or
advanced degree in a critical foreign language;
and
``(B) is employed full-time--
``(i) in an elementary school or
secondary school as a teacher of a
critical foreign language;
``(ii) in an agency of the United
States Government in a position that
regularly requires the use of such
critical foreign language; or
``(iii) in an institution of higher
education as a faculty member or
instructor teaching a critical foreign
language.
``(4) Librarians.--The individual is employed full-
time 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 the schools' total student enrollments
composed of children meeting a measure of
poverty under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965;
or
``(B) a school that qualifies under section
465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such a school.
``(5) Highly qualified teachers serving students
who are limited english proficient, low-income
communities, and underrepresented populations.--The
individual--
``(A) is highly qualified, as such term is
defined in section 9101 of the Elementary and
Secondary Education Act of 1965; and
``(B) is employed full-time--
``(i) as a teacher educating
students who are limited English
proficient;
``(ii) as a teacher in a school
that qualifies under section
465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in
such a school;
``(iii) as a teacher and is an
individual from an underrepresented
population in the teaching profession,
as determined by the Secretary; or
``(iv) as a teacher in an
educational service agency, as such
term is defined in section 9101 of the
Elementary and Secondary Education Act
of 1965.
``(6) Child welfare workers.--The individual--
``(A) has obtained a degree in social work
or a related field with a focus on serving
children and families; and
``(B) is employed full-time in public or
private child welfare services.
``(7) Speech-language pathologists and
audiologists.--The individual--
``(A) is employed full-time as a speech-
language pathologist or audiologist in an
eligible preschool program or a school that
qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who
teach in such a school; and
``(B) has, at a minimum, a graduate degree
in speech-language pathology, audiology, or
communication sciences and disorders.
``(8) School counselors.--The individual is
employed full-time as a school counselor (as such term
is defined in section 5421(e) of the Elementary and
Secondary Education Act of 1965), in a school that
qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in
such a school.
``(9) Public sector employees.--The individual is
employed full-time in--
``(A) public safety (including as a first
responder, firefighter, police officer, or
other law enforcement or public safety
officer);
``(B) emergency management (including as an
emergency medical technician);
``(C) 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
``(D) public interest legal services
(including prosecution, public defense, or
legal advocacy in low-income communities at a
nonprofit organization).
``(10) Nutrition professionals.--The individual--
``(A) is a licensed, certified, or
registered dietician who has completed a degree
in a relevant field; and
``(B) is employed full-time as a dietician
with 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).
``(11) Medical specialists.--The individual--
``(A) has received a degree from a medical
school at an institution of higher education;
and
``(B) has been accepted to, or currently
participates in, a full-time graduate medical
education training program or fellowship (or
both) to provide health care services (as
recognized by the Accreditation Council for
Graduate Medical Education) that--
``(i) requires more than five years
of total graduate medical training; and
``(ii) has fewer United States
medical school graduate applicants than
the total number of positions available
in such program or fellowship.
``(12) Mental health professionals.--The
individual--
``(A) has not less than a master's degree
in social work, psychology, or psychiatry; and
``(B) is employed full-time providing
mental health services to children,
adolescents, or veterans.
``(13) Dentists.--The individual--
``(A)(i) has received a degree from an
accredited dental school (as accredited by the
Commission on Dental Accreditation);
``(ii) has completed residency training in
pediatric dentistry, general dentistry, or
dental public health; and
``(iii) is employed full-time as a dentist;
or
``(B) is employed full-time as a member of
the faculty at a program or school accredited
by the Commission on Dental Accreditation.
``(14) STEM employees.--The individual is employed
full-time in applied sciences, technology, engineering,
or mathematics.
``(15) Physical therapists.--The individual--
``(A) is a physical therapist; and
``(B) is employed full-time providing
physical therapy services to children,
adolescents, or veterans.
``(16) Superintendents, principals, and other
administrators.--The individual is employed full-time
as a school superintendent, principal, or other
administrator in a local educational agency, including
in an educational service 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.
``(17) Occupational therapists.--The individual is
an occupational therapist and is employed full-time
providing occupational therapy services to children,
adolescents, or veterans.
``(c) Qualified Loan Amount.--
``(1) In general.--Subject to paragraph (2), for
each school, academic, or calendar year of full-time
employment in an area of national need described in
subsection (b) that a borrower completes on or after
the date of enactment of the Higher Education
Opportunity Act, the Secretary shall forgive not more
than $2,000 of the student loan obligation of the
borrower that is outstanding after the completion of
each such school, academic, or calendar year of
employment, respectively.
``(2) Maximum amount.--The Secretary shall not
forgive more than $10,000 in the aggregate for any
borrower under this section, and no borrower shall
receive loan forgiveness under this section for more
than five years of service.
``(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) Rule of Construction.--Nothing in this section shall
be construed to authorize the refunding of any repayment of a
loan.
``(f) Ineligibility for Double Benefits.--No borrower may,
for the same service, receive a reduction of loan obligations
under both this section and section 428J, 428L, 455(m), or 460.
``(g) Definitions.--In this section:
``(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); and
``(B)(i) provides audiology services under
subsection (ll)(2) of section 1861 of the
Social Security Act (42 U.S.C. 1395x(ll)(2));
or
``(ii) meets or exceeds the qualifications
for a qualified audiologist under subsection
(ll)(4) of such section (42 U.S.C.
1395x(ll)(4)).
``(2) Early childhood educator.--The term `early
childhood educator' means an individual who--
``(A) works directly with children in an
eligible preschool program or eligible early
childhood education program in a low-income
community;
``(B) is involved directly in the care,
development, and education of infants,
toddlers, or young children age five and under;
and
``(C) has completed a baccalaureate or
advanced degree in early childhood development
or early childhood education, or in a field
related to early childhood education.
``(3) Eligible preschool program.--The term
`eligible preschool program' means a program that--
``(A) provides for the care, development,
and education of infants, toddlers, or young
children age five and under;
``(B) meets any applicable State or local
government licensing, certification, approval,
and registration requirements, and
``(C) is operated by--
``(i) a public or private school
that is supported, sponsored,
supervised, or administered by a local
educational agency;
``(ii) a Head Start agency serving
as a grantee designated under the Head
Start Act (42 U.S.C. 9831 et seq.);
``(iii) a nonprofit or community
based organization; or
``(iv) a child care program,
including a home.
``(4) 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 two 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).
``(5) 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 school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who
teach in such a school.
``(6) 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 such section).
``(iv) A nursing degree from a
diploma school of nursing (as defined
in such section).
``(7) Occupational therapist.--The term
`occupational therapist' means an individual who--
``(A) has received, at a minimum, a
baccalaureate degree in occupational therapy
from an institution of higher education
accredited by an agency or association
recognized by the Secretary pursuant to section
496(a); and
``(B)(i) provides occupational therapy
services under section 1861(g) of the Social
Security Act (42 U.S.C. 1395x(g)); or
``(ii) meets or exceeds the qualifications
for a qualified occupational therapist, as
determined by State law.
``(8) 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); and
``(B)(i) provides physical therapy services
under section 1861(p) of the Social Security
Act (42 U.S.C. 1395x(p)); or
``(ii) meets or exceeds the qualifications
for a qualified physical therapist, as
determined by State law.
``(9) 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); 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)).
``(h) 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
five succeeding fiscal years to provide loan forgiveness in
accordance with this section.''.
SEC. 431. 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:
``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--
``(i) a nonprofit organization that
provides legal assistance with respect
to civil matters to low-income
individuals without a fee; or
``(ii) a protection and advocacy
system or client assistance program
that provides legal assistance with
respect to civil matters and receives
funding under--
``(I) subtitle C of title I
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.);
``(II) section 112 or 509
of the Rehabilitation Act of
1973 (29 U.S.C. 732, 794e);
``(III) part A of title I
of the Protection and Advocacy
for Individuals with Mental
Illness Act (42 U.S.C. 10801 et
seq.);
``(IV) section 5 of the
Assistive Technology Act of
1998 (29 U.S.C. 3004);
``(V) section 1150 of the
Social Security Act (42 U.S.C.
1320b-21);
``(VI) section 1253 of the
Public Health Service Act (42
U.S.C. 300d-53); or
``(VII) section 291 of the
Help America Vote Act of 2002
(42 U.S.C. 15461);
``(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.--
``(A) In general.--Except as provided in
subparagraph (B), the term `student loan'
means--
``(i) subject to clause (ii), a
loan made, insured, or guaranteed under
this part, part D, or part E; and
``(ii) 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.
``(B) Exclusion of parent plus loans.--The
term `student loan' does not include any of the
following loans:
``(i) A loan made to the parents of
a dependent student under section 428B.
``(ii) A Federal Direct PLUS Loan
made to the parents of a dependent
student.
``(iii) A loan made under section
428C or 455(g), to the extent that such
loan was used to repay--
``(I) a loan made to the
parents of a dependent student
under section 428B; or
``(II) a Federal Direct
PLUS Loan made to the parents
of a dependent student.
``(c) Program Authorized.--From amounts appropriated under
subsection (i) for a fiscal year, 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 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
three 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 contrary to 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.
``(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 require the borrower to remain
employed as a civil legal assistance attorney for less
than three 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 five years or
less and, for not less than 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 three years
of the first required period of service
specified for the borrower in an agreement
entered into under subsection (d).
``(g) Ineligibility for Double Benefits.--No borrower may,
for the same service, receive a reduction of loan obligations
under both this section and section 428K or 455(m).
``(h) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out this section.
``(i) 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 five succeeding fiscal years.''.
SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND INSTITUTIONS OF
HIGHER EDUCATION.
(a) In General.--Section 430A (20 U.S.C. 1080a) is
amended--
(1) in the section heading, by striking ``CREDIT
BUREAUS'' and inserting ``CONSUMER REPORTING
AGENCIES'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence--
(I) by striking ``the
Secretary,'' and inserting
``the Secretary and''; and
(II) by striking
``agreements with credit bureau
organizations'' and inserting
``an agreement with each
consumer reporting agency'';
(ii) in the second sentence--
(I) by striking ``such
organizations'' each place the
term occurs and inserting
``such consumer reporting
agencies''; and
(II) by striking
``insurance), by'' and
inserting ``insurance) or by'';
and
(iii) in the third sentence--
(I) by striking
``Secretary,'' and inserting
``Secretary or''; and
(II) by striking
``organizations'' and inserting
``consumer reporting
agencies'';
(B) by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (4), and (5),
respectively;
(C) by inserting before paragraph (2) (as
redesignated by subparagraph (B)), the
following:
``(1) that the loan is an education loan (as such
term is defined in section 151);''; and
(D) by inserting after paragraph (2) (as
redesignated by subparagraph (B)) the
following:
``(3) information concerning the repayment status
of the loan for inclusion in the file of the borrower,
except that nothing in this subsection shall be
construed to affect any otherwise applicable provision
of the Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.);'';
(3) in subsection (b)--
(A) by striking ``organizations'' and
inserting ``consumer reporting agencies''; and
(B) by striking ``subsection (a)(2)'' and
inserting ``subsection (a)(4)'';
(4) in subsection (c)--
(A) in paragraph (2), by striking
``organizations'' and inserting ``consumer
reporting agencies''; and
(B) in paragraph (4)--
(i) by striking ``subsection
(a)(2)'' and inserting ``subsection
(a)(4)''; and
(ii) in subparagraph (A), by
striking ``credit bureau
organizations'' and inserting
``consumer reporting agencies''; and
(5) in subsection (d), by striking ``credit bureau
organization'' and inserting ``consumer reporting
agency''.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et
seq.) is further amended--
(1) in section 427(a)(2)(G) (20 U.S.C.
1077(a)(2)(G))--
(A) in clause (i), by striking ``credit
bureau organizations'' and inserting ``consumer
reporting agencies''; and
(B) in clause (ii), by striking
``organizations'' and inserting ``consumer
reporting agencies'';
(2) in section 428(c)(3)(A)(iii) (20 U.S.C.
1078(c)(3)(A)(iii)), by striking ``credit bureau
organization'' and inserting ``consumer reporting
agency'';
(3) in section 428C(b)(4)(E) (20 U.S.C. 1078-
3(b)(4)(E))--
(A) in clause (i), by striking ``credit
bureau organizations'' and inserting ``consumer
reporting agencies''; and
(B) in clause (ii), by striking
``organizations'' and inserting ``consumer
reporting agencies'';
(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by
striking ``credit bureaus'' and inserting ``consumer
reporting agencies'';
(5) in section 463(c) (20 U.S.C. 1087cc(c))--
(A) in the subsection heading, by striking
``Credit Bureau Organizations'' and inserting
``Consumer Reporting Agencies'';
(B) in paragraph (1), by striking ``credit
bureau organizations'' and inserting ``consumer
reporting agencies'';
(C) in paragraph (2), by striking
``organizations'' and inserting ``consumer
reporting agencies'';
(D) in paragraph (4)(A), by striking
``credit bureau organization'' each place the
term occurs and inserting ``consumer reporting
agency''; and
(E) in paragraph (5)--
(i) by striking ``credit bureau
organizations'' and inserting
``consumer reporting agencies''; and
(ii) by striking ``such
organizations'' and inserting ``such
consumer reporting agencies'';
(6) in section 463A(a)(11) (20 U.S.C. 1087cc-
1(a)(11)), by striking ``credit bureau or credit'' and
inserting ``consumer''; and
(7) in section 464 (20 U.S.C. 10877dd)--
(A) in subsection (c)(1)(I), by striking
``credit bureau organizations'' and inserting
``consumer reporting agencies''; and
(B) in subsection (h)(1)(A), by striking
``credit bureau organization or credit'' and
inserting ``consumer''.
SEC. 433. LEGAL POWERS AND RESPONSIBILITIES.
(a) 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 title that exceeds $1,000,000 unless--
``(1) the Secretary requests a review of the
proposed settlement of such claim by the Attorney
General; and
``(2) the Attorney General responds to such
request, which may include, at the Attorney General's
discretion, a written opinion related to such proposed
settlement.''.
(b) Common Forms and Formats.--Section 432(m)(1)(D)(i) (20
U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the
following: ``Unless otherwise notified by the Secretary, each
institution of higher education that participates in the
program under this part or part D may use a master promissory
note for loans under this part and part D.''.
SEC. 434. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.
(a) Amendment.--Section 433 (20 U.S.C. 1083) is amended to
read as follows:
``SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.
``(a) Required Disclosure Before Disbursement.--Each
eligible lender, at or prior to the time such lender disburses
a loan that is insured or guaranteed under this part (other
than a loan made under section 428C), shall provide thorough
and accurate loan information on such loan to the borrower in
simple and understandable terms. Any disclosure required by
this subsection may be made by an eligible lender by written or
electronic means, including as part of the application material
provided to the borrower, as part of the promissory note
evidencing the loan, or on a separate written form provided to
the borrower. Each lender shall provide to each borrower a
telephone number, and may provide an electronic address,
through which additional loan information can be obtained. The
disclosure shall include--
``(1) a statement prominently and clearly displayed
and in bold print that the borrower is receiving a loan
that must be repaid;
``(2) the name of the eligible lender, and the
address to which communications and payments should be
sent;
``(3) the principal amount of the loan;
``(4) the amount of any charges, such as the
origination fee and Federal default fee, and whether
those fees will be--
``(A) collected by the lender at or prior
to the disbursal of the loan;
``(B) deducted from the proceeds of the
loan;
``(C) paid separately by the borrower; or
``(D) paid by the lender;
``(5) the stated interest rate on the loan;
``(6) for loans made under section 428H or to a
student borrower under section 428B, an explanation--
``(A) that the borrower has the option to
pay the interest that accrues on the loan while
the borrower is a student at an institution of
higher education; and
``(B) if the borrower does not pay such
interest while attending an institution, when
and how often interest on the loan will be
capitalized;
``(7) for loans made to a parent borrower on behalf
of a student under section 428B, an explanation--
``(A) that the parent has the option to
defer payment on the loan while the student is
enrolled on at least a half-time basis in an
institution of higher education;
``(B) if the parent does not pay the
interest on the loan while the student is
enrolled in an institution, when and how often
interest on the loan will be capitalized; and
``(C) that the parent may be eligible for a
deferment on the loan if the parent is enrolled
on at least a half-time basis in an institution
of higher education;
``(8) the yearly and cumulative maximum amounts
that may be borrowed;
``(9) a statement of the total cumulative balance,
including the loan being disbursed, owed by the
borrower to that lender, and an estimate of the
projected monthly payment, given such cumulative
balance;
``(10) an explanation of when repayment of the loan
will be required and when the borrower will be
obligated to pay interest that accrues on the loan;
``(11) a description of the types of repayment
plans that are available for the loan;
``(12) a statement as to the minimum and maximum
repayment terms which the lender may impose, and the
minimum annual payment required by law;
``(13) an explanation of any special options the
borrower may have for loan consolidation or other
refinancing of the loan;
``(14) a statement that the borrower has the right
to prepay all or part of the loan, at any time, without
penalty;
``(15) a statement summarizing circumstances in
which repayment of the loan or interest that accrues on
the loan may be deferred;
``(16) a statement summarizing the circumstances in
which a borrower may obtain forbearance on the loan;
``(17) a description of the options available for
forgiveness of the loan, and the requirements to obtain
loan forgiveness;
``(18) a definition of default and the consequences
to the borrower if the borrower defaults, including a
statement that the default will be reported to a
consumer reporting agency; and
``(19) an explanation of any cost the borrower may
incur during repayment or in the collection of the
loan, including fees that the borrower may be charged,
such as late payment fees and collection costs.
``(b) Required Disclosure Before Repayment.--Each eligible
lender shall, at or prior to the start of the repayment period
on a loan made, insured, or guaranteed under section 428, 428B,
or 428H, disclose to the borrower by written or electronic
means the information required under this subsection in simple
and understandable terms. Each eligible lender shall provide to
each borrower a telephone number, and may provide an electronic
address, through which additional loan information can be
obtained. The disclosure required by this subsection shall be
made not less than 30 days nor more than 150 days before the
first payment on the loan is due from the borrower. The
disclosure shall include--
``(1) the name of the eligible lender or loan
servicer, and the address to which communications and
payments should be sent;
``(2) the scheduled date upon which the repayment
period is to begin or the deferment period under
section 428B(d)(1) is to end, as applicable;
``(3) the estimated balance owed by the borrower on
the loan or loans covered by the disclosure (including,
if applicable, the estimated amount of interest to be
capitalized) as of the scheduled date on which the
repayment period is to begin or the deferment period
under 428B(d)(1) is to end, as applicable;
``(4) the stated interest rate on the loan or
loans, or the combined interest rate of loans with
different stated interest rates;
``(5) information on loan repayment benefits
offered for the loan or loans, including--
``(A) whether the lender offers any
benefits that are contingent on the repayment
behavior of the borrower, such as--
``(i) a reduction in interest rate
if the borrower repays the loan by
automatic payroll or checking account
deduction;
``(ii) a reduction in interest rate
if the borrower makes a specified
number of on-time payments; and
``(iii) other loan repayment
benefits for which the borrower could
be eligible that would reduce the
amount of repayment or the length of
the repayment period;
``(B) if the lender provides a loan
repayment benefit--
``(i) any limitations on such
benefit;
``(ii) explicit information on the
reasons a borrower may lose eligibility
for such benefit;
``(iii) for a loan repayment
benefit that reduces the borrower's
interest rate--
``(I) examples of the
impact the interest rate
reduction would have on the
length of the borrower's
repayment period and the amount
of repayment; and
``(II) upon the request of
the borrower, the effect the
reduction in interest rate
would have with respect to the
borrower's payoff amount and
time for repayment; and
``(iv) whether and how the borrower
can regain eligibility for a benefit if
a borrower loses a benefit;
``(6) a description of all the repayment plans that
are available to the borrower and a statement that the
borrower may change from one plan to another during the
period of repayment;
``(7) the repayment schedule for all loans covered
by the disclosure, including--
``(A) the date the first installment is
due; and
``(B) the number, amount, and frequency of
required payments, which shall be based on a
standard repayment plan or, in the case of a
borrower who has selected another repayment
plan, on the repayment plan selected by the
borrower;
``(8) an explanation of any special options the
borrower may have for loan consolidation or other
refinancing of the loan and of the availability and
terms of such other options;
``(9) except as provided in subsection (d)--
``(A) the projected total of interest
charges which the borrower will pay on the loan
or loans, assuming that the borrower makes
payments exactly in accordance with the
repayment schedule; and
``(B) if the borrower has already paid
interest on the loan or loans, the amount of
interest paid;
``(10) the nature of any fees which may accrue or
be charged to the borrower during the repayment period;
``(11) a statement that the borrower has the right
to prepay all or part of the loan or loans covered by
the disclosure at any time without penalty;
``(12) a description of the options by which the
borrower may avoid or be removed from default,
including any relevant fees associated with such
options; and
``(13) additional resources, including nonprofit
organizations, advocates, and counselors (including the
Student Loan Ombudsman of the Department) of which the
lender is aware, where borrowers may receive advice and
assistance on loan repayment.
``(c) Separate Notification.--Each eligible lender shall,
at the time such lender notifies a borrower of approval of a
loan which is insured or guaranteed under this part, provide
the borrower with a separate notification which summarizes, in
simple and understandable terms, the rights and
responsibilities of the borrower with respect to the loan,
including a statement of the consequences of defaulting on the
loan and a statement that each borrower who defaults will be
reported to a consumer reporting agency. The requirement of
this subsection shall be in addition to the information
required by subsection (a) of this section.
``(d) Special Disclosure Rules on PLUS Loans, and
Unsubsidized Loans.--Loans made under sections 428B and 428H
shall not be subject to the disclosure of projected monthly
payment amounts required under subsection (b)(7) if the lender,
in lieu of such disclosure, provides the borrower with sample
projections of monthly repayment amounts, assuming different
levels of borrowing and interest accruals resulting from
capitalization of interest while the borrower, or the student
on whose behalf the loan is made, is in school, in simple and
understandable terms. Such sample projections shall disclose
the cost to the borrower of--
``(1) capitalizing the interest; and
``(2) paying the interest as the interest accrues.
``(e) Required Disclosures During Repayment.--
``(1) Pertinent information about a loan provided
on a periodic basis.--Each eligible lender shall
provide the borrower of a loan made, insured, or
guaranteed under this part with a bill or statement (as
applicable) that corresponds to each payment
installment time period in which a payment is due and
that includes, in simple and understandable terms--
``(A) the original principal amount of the
borrower's loan;
``(B) the borrower's current balance, as of
the time of the bill or statement, as
applicable;
``(C) the interest rate on such loan;
``(D) the total amount the borrower has
paid in interest on the loan;
``(E) the aggregate amount the borrower has
paid for the loan, including the amount the
borrower has paid in interest, the amount the
borrower has paid in fees, and the amount the
borrower has paid against the balance;
``(F) a description of each fee the
borrower has been charged for the most recently
preceding installment time period;
``(G) the date by which the borrower needs
to make a payment in order to avoid additional
fees and the amount of such payment and the
amount of such fees;
``(H) the lender's or loan servicer's
address and toll-free phone number for payment
and billing error purposes; and
``(I) a reminder that the borrower has the
option to change repayment plans, a list of the
names of the repayment plans available to the
borrower, a link to the appropriate page of the
Department's website to obtain a more detailed
description of the repayment plans, and
directions for the borrower to request a change
in repayment plan.
``(2) Information provided to a borrower having
difficulty making payments.--Each eligible lender shall
provide to a borrower who has notified the lender that
the borrower is having difficulty making payments on a
loan made, insured, or guaranteed under this part with
the following information in simple and understandable
terms:
``(A) A description of the repayment plans
available to the borrower, including how the
borrower should request a change in repayment
plan.
``(B) A description of the requirements for
obtaining forbearance on a loan, including
expected costs associated with forbearance.
``(C) A description of the options
available to the borrower to avoid defaulting
on the loan, and any relevant fees or costs
associated with such options.
``(3) Required disclosures during delinquency.--
Each eligible lender shall provide to a borrower who is
60 days delinquent in making payments on a loan made,
insured, or guaranteed under this part with a notice,
in simple and understandable terms, of the following:
``(A) The date on which the loan will
default if no payment is made.
``(B) The minimum payment the borrower must
make to avoid default.
``(C) A description of the options
available to the borrower to avoid default, and
any relevant fees or costs associated with such
options, including a description of deferment
and forbearance and the requirements to obtain
each.
``(D) Discharge options to which the
borrower may be entitled.
``(E) Additional resources, including
nonprofit organizations, advocates, and
counselors (including the Student Loan
Ombudsman of the Department), of which the
lender is aware, where the borrower can receive
advice and assistance on loan repayment.
``(f) Cost of Disclosure and Consequences of
Nondisclosure.--
``(1) No cost to borrowers.--The information
required under this section shall be available without
cost to the borrower.
``(2) Consequences of nondisclosure.--The failure
of an eligible lender to provide information as
required by this section shall not--
``(A) relieve a borrower of the obligation
to repay a loan in accordance with the loan's
terms; or
``(B) provide a basis for a claim for civil
damages.
``(3) Rule of construction.--Nothing in this
section shall be construed as subjecting the lender to
the Truth in Lending Act with regard to loans made
under this part.
``(4) Actions by the secretary.--The Secretary may
limit, suspend, or terminate the continued
participation of an eligible lender in making loans
under this part for failure by that lender to comply
with this section.''.
(b) Effective Dates.--
(1) Regular disclosure requirements and disclosure
requirements to borrowers having difficulty making
payments.--Paragraphs (1) and (2) of section 433(e) of
the Higher Education Act of 1965, as amended by
subsection (a), shall apply with respect to loans for
which the first payment is due on or after July 1,
2009.
(2) Disclosure requirements for borrowers with
delinquent loans.--Section 433(e)(3) of the Higher
Education Act of 1965, as amended by subsection (a),
shall apply with respect to loans that become
delinquent on or after July 1, 2009.
SEC. 435. CONSUMER EDUCATION INFORMATION.
Part B (20 U.S.C. 1071 et seq.) is amended by inserting
after section 433 (20 U.S.C. 1083) the following:
``SEC. 433A. CONSUMER EDUCATION INFORMATION.
``(a) In General.--Each guaranty agency participating in a
program under this part, working with the institutions of
higher education served by such guaranty agency, 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,
particularly as budgeting and financial management relates to
student loan programs authorized by this title. Such programs
and materials shall be in formats that are simple and
understandable to students and families, and shall be provided
before, during, and after the students' enrollment in an
institution of higher education. The activities described in
this section shall be considered default reduction activities
for the purposes of section 422.
``(b) Rule of Construction.--Nothing in this section shall
be construed to prohibit--
``(1) a guaranty agency from using existing
activities, programs, and materials in meeting the
requirements of this section;
``(2) a guaranty agency from providing programs or
materials similar to the programs or materials
described in subsection (a) to an institution of higher
education that provides loans exclusively through part
D; or
``(3) a lender or loan servicer from providing
outreach or financial aid literacy information in
accordance with subsection (a).''.
SEC. 436. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE LENDER.
(a) Participation Rate Index.--
(1) Amendments.--Section 435(a) (20 U.S.C. 1085(a))
is amended--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by
striking ``paragraph (4)'' and
inserting ``paragraph (5)''; and
(ii) in subparagraph (B)--
(I) by striking ``and'' at
the end of clause (ii); and
(II) by striking clause
(iii) and inserting the
following:
``(iii) 25 percent for fiscal year
1994 through fiscal year 2011; and
``(iv) 30 percent for fiscal year
2012 and any succeeding fiscal year.'';
(B) by redesignating paragraph (6) as
paragraph (8), and redesignating paragraphs (3)
through (5) as paragraphs (4) through (6),
respectively;
(C) 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) for any two consecutive fiscal years may,
not later than 30 days after the date the institution
receives 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 not
later than 45 days after the date of submission of the
appeal. If the Secretary determines that the
institution demonstrates exceptional mitigating
circumstances, the Secretary may not subject the
institution to provisional certification based solely
on the institution's cohort default rate.'';
(D) in paragraph (5)(A) (as redesignated by
subparagraph (B)), by striking ``For 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:'';
(E) by inserting after paragraph (6) (as
redesignated by subparagraph (B)) the
following:
``(7) Default prevention and assessment of
eligibility based on high default rates.--
``(A) First year.--
``(i) In general.--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 and the steps to be
taken to improve the
institution's cohort default
rate; and
``(III) specify actions
that the institution can take
to improve student loan
repayment, including
appropriate counseling
regarding loan repayment
options.
``(ii) Technical assistance.--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) In general.--An institution
whose cohort default rate is equal to
or greater than the threshold
percentage 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) Review by the secretary.--
The Secretary shall review each revised
plan submitted in accordance with this
subparagraph, and may direct that such
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.''; and
(F) in paragraph (8)(A) (as redesignated by
subparagraph (B)) by striking ``0.0375'' and
inserting ``0.0625''.
(2) Effective date.--The amendment made by
paragraph (1)(F) shall take effect for fiscal years
beginning on or after October 1, 2011.
(b) Types of Lenders.--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, or a credit union, with assets of less
than $1,000,000,000''.
(c) Disqualification.--Paragraph (5) of section 435(d) (20
U.S.C. 1085(d)(5)) is amended to read as follows:
``(5) Disqualification for use of certain
incentives.--The term `eligible lender' does not
include any lender that the Secretary determines, after
notice and opportunity for a hearing, has--
``(A) offered, directly or indirectly,
points, premiums, payments (including payments
for referrals and for processing or finder
fees), prizes, stock or other securities,
travel, entertainment expenses, tuition payment
or reimbursement, the provision of information
technology equipment at below-market value,
additional financial aid funds, or other
inducements, 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;
``(B) conducted unsolicited mailings, by
postal or electronic means, of student loan
application forms to students enrolled in
secondary schools or postsecondary
institutions, or to family members of such
students, except that applications may be
mailed, by postal or electronic means, to
students or borrowers who have previously
received loans under this part from such
lender;
``(C) entered into any type of consulting
arrangement, or other contract to provide
services to a lender, with an employee who is
employed in the financial aid office of an
institution of higher education, or who
otherwise has responsibilities with respect to
student loans or other financial aid of the
institution;
``(D) compensated an employee who is
employed in the financial aid office of an
institution of higher education, or who
otherwise has responsibilities with respect to
student loans or other financial aid of the
institution, and who is serving on an advisory
board, commission, or group established by a
lender or group of lenders for providing such
service, except that the eligible lender may
reimburse such employee for reasonable expenses
incurred in providing such service;
``(E) performed for an institution of
higher education any function that such
institution of higher education is required to
perform under this title, except that a lender
shall be permitted to perform functions on
behalf of such institution in accordance with
section 485(b);
``(F) paid, on behalf of an institution of
higher education, another person to perform any
function that such institution of higher
education is required to perform under this
title, except that a lender shall be permitted
to perform functions on behalf of such
institution in accordance with section 485(b);
``(G) provided payments or other benefits
to a student at an institution of higher
education to act as the lender's representative
to secure applications under this title from
individual prospective borrowers, unless such
student--
``(i) is also employed by the
lender for other purposes; and
``(ii) made all appropriate
disclosures regarding such employment;
``(H) offered, directly or indirectly,
loans under this part as an inducement to a
prospective borrower to purchase a policy of
insurance or other product; or
``(I) engaged in fraudulent or misleading
advertising.
It shall not be a violation of this paragraph for a
lender to provide technical assistance to institutions
of higher education comparable to the kinds of
technical assistance provided to institutions of higher
education by the Department.''.
(d) School as Lender Program Audit.--Section 435(d) (20
U.S.C. 1085(d)) is further amended by adding at the end the
following:
``(8) School as lender program audit.--Each
institution serving as an eligible lender under
paragraph (1)(E), and each eligible lender serving as a
trustee for an institution of higher education or an
organization affiliated with an institution of higher
education, shall annually complete and submit to the
Secretary a compliance audit to determine whether--
``(A) the institution or lender is using
all proceeds from special allowance payments
and interest payments from borrowers, interest
subsidies received from the Department, and any
proceeds from the sale or other disposition of
loans, for need-based grant programs, in
accordance with paragraph (2)(A)(viii);
``(B) the institution or lender is using
not more than a reasonable portion of the
proceeds described in paragraph (2)(A)(viii)
for direct administrative expenses; and
``(C) the institution or lender is ensuring
that the proceeds described in paragraph
(2)(A)(viii) are being used to supplement, and
not to supplant, Federal and non-Federal funds
that would otherwise be used for need-based
grant programs.''.
(e) Cohort Default Rates.--
(1) Amendments.--Section 435(m) (20 U.S.C. 1085(m))
is amended--
(A) in paragraph (1)--
(i) in the first sentence of
subparagraph (A), by striking ``end of
the following fiscal year'' and
inserting ``end of the second fiscal
year following the fiscal year in which
the students entered repayment'';
(ii) in subparagraph (B), by
striking ``such fiscal year'' and
inserting ``such second fiscal year'';
(iii) in subparagraph (C), by
striking ``end of the fiscal year
immediately following the year in which
they entered repayment'' and inserting
``end of the second fiscal year
following the year in which they
entered repayment'';
(B) in paragraph (2)(C)--
(i) 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
(ii) by striking ``such following
fiscal year'' and inserting ``such
second fiscal year''; and
(C) in paragraph (4)--
(i) by amending the paragraph
heading to read as follows:
``Collection and reporting of cohort
default rates and life of cohort
default rates.--''; and
(ii) by amending subparagraph (A)
to read as follows:
``(A) The Secretary shall publish not less often
than once every fiscal year a report showing cohort
default data and life of cohort default rates for each
category of institution, including: (i) four-year
public institutions; (ii) four-year private nonprofit
institutions; (iii) two-year public institutions; (iv)
two-year private nonprofit institutions; (v) four-year
proprietary institutions; (vi) two-year proprietary
institutions; and (vii) less than two-year proprietary
institutions. For purposes of this subparagraph, for
any fiscal year in which one or more current and former
students at an institution enter repayment on loans
under section 428, 428B, or 428H, received for
attendance at the institution, the Secretary shall
publish 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.''.
(2) Effective date and transition.--
(A) Effective date.--The amendments made by
paragraph (1) shall take effect for purposes of
calculating cohort default rates for fiscal
year 2009 and succeeding fiscal years.
(B) Transition.--Notwithstanding
subparagraph (A), 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 paragraph (1) are available.
SEC. 437. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY.
(a) FFEL and Direct Loans.--Section 437(a) (20 U.S.C.
1087(a)) is amended--
(1) by striking ``(a) Repayment in Full for Death
and Disability.--If a'' and inserting the following:
``(a) Repayment in Full for Death and Disability.--
``(1) In general.--If a'';
(2) by inserting ``, or if a student borrower who
has received such a loan is unable to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment that can be
expected to result in death, has lasted for a
continuous period of not less than 60 months, or can be
expected to last for a continuous period of not less
than 60 months'' after ``of the Secretary),''; and
(3) by adding at the end the following: ``The
Secretary may develop such safeguards as the Secretary
determines necessary to prevent fraud and abuse in the
discharge of liability under this subsection.
Notwithstanding any other provision of this subsection,
the Secretary may promulgate regulations to reinstate
the obligation of, and resume collection on, loans
discharged under this subsection in any case in which--
``(A) a borrower received a discharge of
liability under this subsection and after the
discharge the borrower--
``(i) receives a loan made,
insured, or guaranteed under this
title; or
``(ii) has earned income in excess
of the poverty line; or
``(B) the Secretary determines
necessary.''.
(b) Disability Determinations.--Section 437(a) (20 U.S.C.
1087(a)) is further amended by adding at the end the following:
``(2) Disability determinations.--A borrower who
has been determined by the Secretary of Veterans
Affairs to be unemployable due to a service-connected
condition and who provides documentation of such
determination 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.''.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on July 1, 2010.
SEC. 438. CONFORMING AMENDMENTS FOR REPEAL OF SECTION 439.
(a) Part B Amendments.--Part B of title IV (20 U.S.C. 1071
et seq.) is amended--
(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)),
by striking ``437, and 439(q)'' and inserting ``and
437'';
(2) in section 428 (20 U.S.C. 1078)--
(A) in subsection (b)(1)(G)(i), by striking
``or 439(q)'';
(B) by striking subsection (h); and
(C) in subsection (j)(2)--
(i) by inserting ``and'' at the end
of subparagraph (C);
(ii) by striking ``; and'' at the
end of subparagraph (D) and inserting a
period; and
(iii) by striking subparagraph (E);
and
(3) in section 435(d)(1)(G) (20 U.S.C.
1085(d)(1)(G)), by striking ``428C, and 439(q),'' and
inserting ``and 428C,''.
(b) Federal Deposit Insurance Act.--Section
18(s)(4)(C)(ii)(I) of the Federal Deposit Insurance Act (12
U.S.C. 1828(s)(4)(C)(ii)(I)) is amended by striking ``as
amended'' and inserting ``as such section existed on the day
before the date of the repeal of such section''.
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
Section 441 (42 U.S.C. 2751) is amended--
(1) in subsection (b), by striking ``$1,000,000,000
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 five succeeding
fiscal years.''; and
(2) in subsection (c)(1), by inserting ``emergency
preparedness and response,'' after ``public safety,''.
SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES.
Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended
by striking ``$450'' and inserting ``$600''.
SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443 (42 U.S.C. 2753) is amended--
(1) in subsection (b)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(2) by adding at the end the following new
subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--Funds granted to an
institution under this section may be 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.
``(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.''.
SEC. 444. 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 general.--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, for the period of time (not
to exceed one academic year) in which the disaster-
affected students were prevented from fulfilling the
students' work-study obligations as described in
paragraph (2)(A)(iii), as follows:
``(A) Payments may be made 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.
``(B) Payments shall not be made to any
student who 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 payments made to disaster-
affected students under this subsection shall
meet the matching requirements of section 443,
unless such matching requirements are waived by
the Secretary.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected student'
means a student enrolled at an eligible
institution who--
``(i) received a work-study award
under this section for the academic
year during which a major disaster
occurred;
``(ii) earned Federal work-study
wages from such eligible institution
for such academic year;
``(iii) was prevented from
fulfilling the student's work-study
obligation for all or part of such
academic year due to such major
disaster; and
``(iv) was unable to be reassigned
to another work-study job.
``(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 (42 U.S.C.
5122(2)).''.
SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS.
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by
striking ``$50,000'' and inserting ``$75,000''.
SEC. 446. 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)(A), the Secretary is
authorized to award grants to institutions
participating under this part to supplement off-campus
community service employment.
``(2) Use of funds.--An institution shall ensure
that funds granted to such institution under this
subsection are used in accordance with section
443(b)(2)(A) 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 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 five succeeding fiscal
years.''.
SEC. 447. WORK COLLEGES.
Section 448 (42 U.S.C. 2756b) is amended--
(1) by striking ``work-learning'' each place it
appears and inserting ``work-learning-service'';
(2) by striking subsection (e) and inserting the
following:
``(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 two
years;
``(C) requires 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 five 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.''; and
(3) in subsection (f), by striking ``$5,000,000''
and all that follows through the period and inserting
``such sums as may be necessary for fiscal year 2009
and each of the five succeeding fiscal years.''.
PART D--FEDERAL DIRECT STUDENT LOAN
SEC. 451. TERMS AND CONDITIONS OF LOANS.
(a) Income-Based Repayment.--Section 455(d)(1) (20 U.S.C.
1087e(d)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after
the semicolon;
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) beginning on July 1, 2009, an income-
based repayment plan that enables borrowers who
have a partial financial hardship to make a
lower monthly payment in accordance with
section 493C, except that the plan described in
this subparagraph shall not be available to the
borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal
Direct Consolidation Loan, if the proceeds of
such loan were used to discharge the liability
on such Federal Direct PLUS Loan or a loan
under section 428B made on behalf of a
dependent student.''.
(b) Public Service Job Definition.--
(1) In general.--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.''.
(2) Ineligibility for double benefits.--Section
455(m) (20 U.S.C. 1087e(m)) is further amended by
adding at the end the following:
``(4) Ineligibility for double benefits.--No
borrower may, for the same service, receive a reduction
of loan obligations under both this subsection and
section 428J, 428K, 428L, or 460.''.
(c) Identity Fraud Protection.--Section 455 (as amended by
this section) (20 U.S.C. 1087e) is amended by adding at the end
the following:
``(n) Identity Fraud Protection.--The Secretary shall take
such steps as may be necessary to ensure that monthly Federal
Direct Loan statements and other publications of the Department
do not contain more than four digits of the Social Security
number of any individual.''.
(d) No Accrual of Interest for Active Duty Service
Members.--Section 455 (as amended by this section) (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 in accordance with
paragraphs (2) and (4), interest shall not accrue for
an eligible military borrower on a loan made under this
part for which the first disbursement is made 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 for which the first disbursement is
made on or after October 1, 2008.
``(3) Eligible military borrower.--In this
subsection, the term `eligible military 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 military borrower under this subsection may
receive the benefit of this subsection for not more
than 60 months.''.
(e) Disclosures.--Section 455 (as amended by this section)
(20 U.S.C. 1087e) is further amended by adding at the end the
following:
``(p) Disclosures.--Each institution of higher education
with which the Secretary has an agreement under section 453,
and each contractor with which the Secretary has a contract
under section 456, shall, with respect to loans under this part
and in accordance with such regulations as the Secretary shall
prescribe, comply with each of the requirements under section
433 that apply to a lender with respect to a loan under part
B.''.
SEC. 452. FUNDS FOR ADMINISTRATIVE EXPENSES.
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 ``2014''; and
(B) by striking ``2011'' and inserting
``2014''; and
(2) in paragraph (3), by striking ``2011'' and
inserting ``2014''.
SEC. 453. GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS; REPORTS AND
COST ESTIMATES.
Section 459A of the Higher Education Act of 1965 (20 U.S.C.
1087i-1) is amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the
following:
``(d) Guaranty Agency Responsibilities and Payments.--
Notwithstanding any other provision of this Act, beginning on
the date on which the Secretary purchases a loan under this
section--
``(1) the guaranty agency that insured such loan
shall cease to have any obligations, responsibilities,
or rights (including rights to any payment) under this
Act for any activity related to the administration of
such loan that is carried out or required to be carried
out on or after the date of such purchase; and
``(2) the insurance issued by such agency pursuant
to section 428(b) for such loan shall cease to be
effective with respect to any default on such loan that
occurs on or after the date of such purchase.
``(e) Reports and Cost Estimates.--The Secretary shall
prepare, transmit to the authorizing committees, and make
available to the public, the following:
``(1) Quarterly reports.--
``(A) Contents.--Not later than 60 days
after the end of each quarter during the period
beginning July 1, 2008, and ending September
30, 2009, a quarterly report on--
``(i) the number of loans the
Secretary has agreed to purchase, or
has purchased, using the authority
provided under this section, and the
total amount of outstanding principal
and accrued interest of such loans,
during such period; and
``(ii) the number of loans in which
the Secretary has purchased a
participation interest, and the total
amount of outstanding principal and
accrued interest of such loans, during
such period.
``(B) Disaggregated information.--For each
quarterly report, the information described in
clauses (i) and (ii) of subparagraph (A) shall
be disaggregated by lender and, for each
lender, by category of institution (using the
categories described in section 132(d)) and
type of loan.
``(2) Estimates of purchase program costs.--Not
later than February 15, 2010, an estimate of the costs
associated with the program of purchasing loans
described in paragraph (1)(A)(i) during the period
beginning July 1, 2008, and ending September 30, 2009,
and an estimate of the costs associated with the
program of purchasing a participation interest in loans
described in paragraph (1)(A)(ii) during such period.
Each such estimate shall--
``(A) contain the same level of detail, and
be reported in a similar manner, as the budget
estimates provided for the loan program under
part B and the direct student loan program
under this part in the President's annual
budget submission to Congress, except that
current and future administrative costs shall
also be reported;
``(B) include an estimate of the gross and
net outlays that have been, or will be,
incurred by the Federal Government (including
subsidy and administrative costs, and any
payments made by the Department to lenders,
trusts, or other entities related to such
activities) in purchasing such loans or
purchasing a participation interest in such
loans during such period (as applicable); and
``(C) include a comparison of--
``(i) the average amount of the
gross and net outlays (including costs
and payments) described in subparagraph
(B) for each $100 of loans purchased or
for which a participation interest was
purchased (as applicable) during such
period, disaggregated by type of loan;
with
``(ii) the average amount of such
gross and net outlays (including costs
and payments) to the Federal Government
for each $100 of comparable loans made
under this part and part B during such
period, disaggregated by part and by
type of loan.
``(3) Annual cost estimates.--Not later than
February 15 of the fiscal year following each of the
fiscal years 2008, 2009, and 2010, an annual estimate
of the costs associated with the program of purchasing
loans described in paragraph (1)(A)(i), and an annual
estimate of the costs associated with the program of
purchasing a participation interest in loans described
in paragraph (1)(A)(ii), that includes the information
described in paragraph (2) for such fiscal year.''.
SEC. 454. LOAN CANCELLATION FOR TEACHERS.
(a) In General.--Section 460 (20 U.S.C. 1087j) is amended--
(1) in subsection (b)(1)(A)(i)--
(A) by inserting ``or location'' after ``a
school''; and
(B) by inserting ``or locations'' after
``schools''; and
(2) in subsection (c)(3)(B)(iii), by inserting
``or, in the case of a teacher who is employed by an
educational service agency, as certified by the chief
administrative officer of such agency,'' after
``borrower is employed,''.
(b) Prevention of Double Benefits.--Section 460(g)(2) (20
U.S.C. 1087j(g)(2)) is amended to read as follows:
``(2) Prevention of double benefits.--No borrower
may, for the same voluntary service, receive a benefit
under both this section and--
``(A) section 428J;
``(B) section 428K;
``(C) section 455(m); or
``(D) subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).''.
(c) Technical Amendments.--Section 460(b) (as amended by
subsection (a)(1)) (20 U.S.C. 1087j(b)) is further amended--
(1) by striking paragraph (2);
(2) by striking ``Program Authorized.--'' and all
that follows through ``The Secretary shall'' and
inserting ``Program Authorized.--The Secretary shall'';
(3) by redesignating subparagraph (B) as paragraph
(2), and adjusting the margin accordingly; and
(4) by redesignating subparagraph (A) as paragraph
(1), by redesignating clauses (i) and (ii) of such
paragraph (as so redesignated) as subparagraphs (A) and
(B), respectively, and by adjusting the margins
accordingly.
(d) Conforming Amendments.--Section 460 (20 U.S.C. 1087j)
is further amended--
(1) in subsection (c)(1), by striking ``(b)(1)(A)''
and inserting ``(b)(1)'';
(2) in subsection (c)(3)--
(A) in subparagraph (A)(i), by striking
``(b)(1)'' and inserting ``(b)''; and
(B) in subparagraph (B)(i), by striking
``(b)(1)'' and inserting ``(b)''; and
(3) in subsection (g)(3), by striking
``(b)(1)(A)(ii)'' and inserting ``(b)(1)(B)''.
PART E--FEDERAL 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 all that follows through the
period and inserting ``$300,000,000 for fiscal year
2009 and for each of the five succeeding fiscal
years.''; and
(2) in paragraph (2), by striking ``2003'' each
place it appears and inserting ``2015''.
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, once every six months,
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 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) Discharge and Cancellation Rights in Cases of
Disability.--
(1) Amendment.--Section 464 (20 U.S.C. 1087dd(c))
is further amended--
(A) in subsection (c)(1)(F), by striking
``canceled upon the death'' and all that
follows through the semicolon and inserting
``cancelled--
``(i) upon the death of the
borrower;
``(ii) if the borrower becomes
permanently and totally disabled as
determined in accordance with
regulations of the Secretary;
``(iii) if the borrower is unable
to engage in any substantial gainful
activity by reason of any medically
determinable physical or mental
impairment that can be expected to
result in death, has lasted for a
continuous period of not less than 60
months, or can be expected to last for
a continuous period of not less than 60
months; or
``(iv) if the borrower is
determined by the Secretary of Veterans
Affairs to be unemployable due to a
service-connected disability;''; and
(B) by adding at the end the following:
``(k) The Secretary may develop such additional safeguards
as the Secretary determines necessary to prevent fraud and
abuse in the cancellation of liability under subsection
(c)(1)(F). Notwithstanding subsection (c)(1)(F), the Secretary
may promulgate regulations to resume collection on loans
cancelled under subsection (c)(1)(F) in any case in which--
``(1) a borrower received a cancellation of
liability under subsection (c)(1)(F) and after the
cancellation the borrower--
``(A) receives a loan made, insured, or
guaranteed under this title; or
``(B) has earned income in excess of the
poverty line; or
``(2) the Secretary determines necessary.''.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect on July 1, 2008.
(c) 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 striking subparagraph (A) and
inserting the following:
``(A) as a full-time teacher for service in an
academic year (including such a teacher employed by an
educational service agency)--
``(i) in a public or other nonprofit
private elementary school or secondary school,
which, for the purpose of this paragraph and
for that year--
``(I) has been determined by the
Secretary (pursuant to regulations of
the Secretary and after consultation
with the State educational agency of
the State in which the school is
located) to be a school in which the
number of children meeting a measure of
poverty under section 1113(a)(5) of the
Elementary and Secondary Education Act
of 1965, exceeds 30 percent of the
total number of children enrolled in
such school; and
``(II) is in the school district of
a local educational agency which is
eligible in such year for assistance
pursuant to part A of title I of the
Elementary and Secondary Education Act
of 1965; or
``(ii) in one or more public, or nonprofit
private, elementary schools or secondary
schools or locations operated by an educational
service agency that have been determined by the
Secretary (pursuant to regulations of the
Secretary and after consultation with the State
educational agency of the State in which the
educational service agency operates) to be a
school or location at which the number of
children taught who meet a measure of poverty
under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children taught
at such school or location;'';
(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 (C), by inserting ``,
including a system administered by an
educational service agency'' after ``secondary
school system'';
(D) by striking subparagraph (F) and
inserting the following:
``(F) as a full-time law enforcement officer or
corrections officer for service to local, State, or
Federal law enforcement or corrections agencies, or as
a full-time attorney employed in a defender
organization established in accordance with section
3006A(g)(2) of title 18, United States Code;'';
(E) in subparagraph (H), by striking ``or''
after the semicolon;
(F) in subparagraph (I), by striking the
period and inserting a semicolon; and
(G) 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
part A of title I of the Elementary and
Secondary Education Act of 1965; or
``(ii) a public library that serves a
geographic area that contains one or more
schools eligible for assistance under part A of
title I of the Elementary and Secondary
Education Act of 1965; or
``(M) as a full-time speech language pathologist,
if the pathologist has a masters 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).
SEC. 466. SENSE OF CONGRESS REGARDING FEDERAL PERKINS LOANS.
It is the sense of Congress that 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.
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
(a) Amendments.--Section 472(3) (20 U.S.C. 1087ll(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, 2010.
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS.
(a) Amendments.--Section 479A(a) (as amended by Public Law
110-84) (20 U.S.C. 1087tt(a)) is amended--
(1) by striking ``medical or dental expenses'' and
inserting ``medical, dental, or nursing home
expenses'';
(2) by inserting ``or dependent care'' after
``child care'';
(3) by inserting ``student or'' before ``family
member who is a dislocated worker''; and
(4) by striking the second to last sentence and
inserting the following: ``In addition, nothing in this
title shall be interpreted as limiting the authority of
the student financial aid administrator in such cases
(1) to request and use supplementary information about
the financial status or personal circumstances of
eligible applicants in selecting recipients and
determining the amount of awards under this title, or
(2) to offer a dependent student financial assistance
under section 428H or a Federal Direct Unsubsidized
Stafford Loan without requiring the parents of such
student to file the financial aid form prescribed under
section 483 if the student financial aid administrator
verifies that the parent or parents of such student
have ended financial support of such student and refuse
to file such form.''.
(b) Effective Date Amendment to the College Cost Reduction
and Access Act.--Section 603(b) of the College Cost Reduction
and Access Act (Public Law 110-84) is amended by striking
``July 1, 2009'' and inserting ``the date of enactment of the
Higher Education Opportunity Act''.
SEC. 473. DEFINITIONS.
(a) Total Income.--Section 480(a) (as amended by Public Law
110-84) (20 U.S.C. 1087vv(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) and''
after ``provided in''; and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding section 478(a), the Secretary may
provide for the use of data from the second preceding tax year
when and to the extent necessary to carry out the
simplification of applications (including simplification for a
subset of applications) used for the estimation and
determination of financial aid eligibility. Such simplification
may include the sharing of data between the Internal Revenue
Service and the Department, pursuant to the consent of the
taxpayer.''; and
(2) in paragraph (2), by inserting ``no portion of
veterans' education benefits received by an
individual,'' after ``any program by an individual,''.
(b) Untaxed Income and Benefits.--Section 480(b)(1)(E) (as
amended by Public Law 110-84) (20 U.S.C. 1087vv(b)(1)(E)) 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) Independent Student.--Section 480(d)(1) (as amended by
Public Law 110-84) (20 U.S.C. 1087vv(d)(1)) is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) is an orphan, in foster care, or a
ward of the court, or was an orphan, in foster
care, or a ward of the court at any time when
the individual was 13 years of age or older;'';
and
(2) by striking subparagraph (C) and inserting the
following:
``(C) is, or was immediately prior to
attaining the age of majority, an emancipated
minor or in legal guardianship as determined by
a court of competent jurisdiction in the
individual's State of legal residence;''.
(d) Treatment of Cooperative Education Work Income.--
Section 480(e) (as amended by Public Law 110-84) (20 U.S.C.
1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), 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;''.
(e) Other Financial Assistance.--Section 480(j)(1) (20
U.S.C. 1087vv(j)(1)) is amended--
(1) by striking ``veterans' education benefits as
defined in subsection (c), and''; and
(2) by inserting before the period at the end the
following: ``, but excluding veterans' education
benefits as defined in subsection (c)''.
(f) Effective Date.--The amendments made by this section
shall take effect on July 1, 2010.
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE
SEC. 481. DEFINITIONS.
Section 481 (20 U.S.C. 1088) is amended--
(1) in subsection (a)(2)(B), by inserting ``and
that measures program length in credit hours or clock
hours'' after ``baccalaureate degree''; and
(2) by adding at the end the following:
``(e) Consumer Reporting Agency.--For purposes of this
title, the term `consumer reporting agency' has the meaning
given the term `consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis' in Section
603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).
``(f) Definition of Educational Service Agency.--For
purposes of parts B, D, and E, the term `educational service
agency' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.''.
SEC. 482. MASTER CALENDAR.
(a) Amendment.--Section 482 (20 U.S.C. 1089) is amended--
(1) in subsection (a)(1), 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)(5) published in the Federal
Register;
``(C) by June 1: final modifications,
updates, and notices pursuant to sections 478
and 483(a)(5) published in the Federal
Register;''; and
(2) 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.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall take effect on July 1, 2010.
SEC. 483. 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), by striking paragraphs (1)
through (7) and inserting 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). The 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 families to read and understand, and shall
ensure that the FAFSA is available in formats
accessible to individuals with disabilities.
``(2) Paper format.--
``(A) In general.--The Secretary shall
develop, make available, and process--
``(i) a paper version of EZ FAFSA,
as described in subparagraph (B); and
``(ii) a paper version of the other
forms described in this subsection, in
accordance with subparagraph (C), for
any applicant who does not meet the
requirements of or does not wish to use
the process described in subparagraph
(B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary
shall develop and use, after
appropriate field testing, a simplified
paper form, to be known as the EZ
FAFSA, to be used for applicants
meeting the requirements of subsection
(b) or (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 subsection (b) or
(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 (5), except that the
Secretary shall not include a State's
data if that State does not permit the
State's resident applicants to use the
EZ FAFSA for State assistance.
``(iv) Free availability and
processing.--The provisions of
paragraph (6) 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 (10).
``(C) Promoting the use of electronic
fafsa.--
``(i) In general.--The Secretary
shall make all efforts to encourage all
applicants to utilize the electronic
version of the forms described in
paragraph (3).
``(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, accessible, and
downloadable to students on the same
website used to provide students with
the electronic version of the forms
described in paragraph (3).
``(iii) Requests for printed
copy.--The Secretary shall provide a
printed copy of the full paper version
of FAFSA upon request.
``(iv) Reporting requirement.--The
Secretary shall maintain data, and
periodically report to Congress, on the
impact of the digital divide on
students completing applications for
aid under this title. The Secretary
shall report on the steps taken to
eliminate the digital divide and reduce
production of the paper form described
in subparagraph (A). The Secretary's
report shall specifically address the
impact of the digital divide on the
following student populations:
``(I) Independent students.
``(II) Traditionally
underrepresented students.
``(III) Dependent students.
``(3) Electronic format.--
``(A) In general.--The Secretary shall
produce, distribute, and process forms in
electronic format to meet the requirements of
paragraph (1). The Secretary shall develop an
electronic version of the forms for applicants
who do not meet the requirements of subsection
(b) or (c) of section 479.
``(B) Simplified applications: fafsa on the
web.--
``(i) In general.--The Secretary
shall develop and use a simplified
electronic version of the form to be
used by applicants meeting the
requirements under subsection (b) or
(c) of section 479.
``(ii) Reduced data requirements.--
The simplified electronic version of
the 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) 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.
``(C) State data.--The Secretary shall
include on the electronic version of the forms
such items as may be necessary to determine
eligibility for State financial assistance, as
provided under paragraph (5), except the
Secretary shall not require an applicant to
enter data pursuant to this subparagraph that
are required by any State other than the
applicant's State of residence.
``(D) Availability and processing.--The
data collected by means of the simplified
electronic version of the forms shall be
available to institutions of higher education,
guaranty agencies, and States in accordance
with paragraph (10).
``(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, 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
continue to permit an electronic version of the
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).
``(G) Personal identification numbers
authorized.--The Secretary may continue to
assign to an applicant a personal
identification number--
``(i) to enable the applicant to
use such number as a signature for
purposes of completing an electronic
version of a form developed under this
paragraph; and
``(ii) for any purpose determined
by the Secretary to enable the
Secretary to carry out this title.
``(H) Personal identification number
improvement.--The Secretary shall continue to
work with the Commissioner of Social Security
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.
``(4) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary
shall continue to streamline
reapplication forms and processes for
an applicant who applies for financial
assistance under this title in the next
succeeding academic year subsequent to
an academic year for which such
applicant applied for financial
assistance under this title.
``(ii) Updating of data elements.--
The Secretary shall determine, in
cooperation with States, institutions
of higher education, agencies, and
organizations involved in student
financial assistance, the data elements
that may be transferred from the
previous academic year's application
and those data elements that shall be
updated.
``(iii) 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.
``(iv) 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 data that are necessary to
determine eligibility under such
section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the
number of data elements on the FAFSA
used for the 2009-2010 award year, the
Secretary, in cooperation with
representatives of agencies and
organizations involved in student
financial assistance and consistent
with efforts under subsection (c),
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.
``(ii) Report.--The Secretary shall
submit a report on the process of this
reduction to each of the authorizing
committees by June 30, 2011.
``(5) State requirements.--
``(A) In general.--Except as provided in
paragraphs (2)(B)(iii), (3)(B), and (4)(A)(ii),
the Secretary shall include on the forms
developed under this subsection, such State-
specific data items as the Secretary determines
are necessary to meet State requirements for
need-based State aid. Such items shall be
selected in consultation with State agencies in
order to assist in the awarding of State
financial assistance in accordance with the
terms of this subsection. The number of such
data items shall not be less than the number
included on the form for the 2008-2009 award
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 to determine--
``(i) which data items each State
requires to award need-based State aid;
and
``(ii) if the State will permit an
applicant to file a form described in
paragraph (2)(B) or (3)(B).
``(C) Federal register notice.--Beginning
with the forms developed under paragraphs
(2)(B) and (3)(B) for the award year 2010-2011,
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 forms described in
paragraphs (2)(B) and (3)(B); and
``(ii) of the State-specific
nonfinancial data that the State agency
requires for delivery of State need-
based financial aid.
``(D) Use of simplified forms encouraged.--
The Secretary shall encourage States to take
such steps as are necessary to encourage the
use of simplified forms under this subsection,
including those forms described in paragraphs
(2)(B) and (3)(B), for applicants who meet the
requirements of subsection (b) or (c) of
section 479.
``(E) Consequences if state does not accept
simplified forms.--If a State does not permit
an applicant to file a form described in
paragraph (2)(B) or (3)(B) for purposes of
determining eligibility for State need-based
financial aid, the Secretary may determine that
State-specific questions for such State will
not be included on a form described in
paragraph (2)(B) or (3)(B). If the Secretary
makes such determination, the Secretary shall
advise the State of the Secretary's
determination.
``(F) Lack of state response to request for
information.--If a State does not respond to
the Secretary's request for information under
subparagraph (B), the Secretary shall--
``(i) permit residents of that
State to complete simplified forms
under paragraphs (2)(B) and (3)(B); and
``(ii) not require any resident of
such State to complete any data items
previously required by that State under
this section.
``(G) Restriction.--The Secretary shall, to
the extent practicable, not require applicants
to complete any financial or nonfinancial data
items that are not required--
``(i) by the applicant's State; or
``(ii) by the Secretary.
``(6) Charges to students and parents for use of
forms prohibited.--The need and eligibility of a
student for financial assistance under parts A through
E (other than under subpart 4 of part A) may be
determined only by using a form developed by the
Secretary under this subsection. Such forms shall be
produced, distributed, and processed by the Secretary,
and no parent or student shall be charged a fee by the
Secretary, a contractor, a third-party servicer or
private software provider, or any other public or
private entity for the collection, processing, or
delivery of financial aid through the use of such
forms. No data collected on a form for which a fee is
charged shall be used to complete the form prescribed
under this section, except that a Federal or State
income tax form prepared by a paid income tax preparer
or preparer service for the primary purpose of filing a
Federal or State income tax return may be used to
complete the form prescribed under this section.
``(7) Restrictions on use of pin.--No person,
commercial entity, or other entity may request, obtain,
or utilize an applicant's personal identification
number assigned under paragraph (3)(G) for purposes of
submitting a form developed under this subsection on an
applicant's behalf.
``(8) Application processing cycle.--The Secretary
shall enable students to submit forms developed under
this subsection and initiate the processing of such
forms under this subsection, as early as practicable
prior to January 1 of the student's planned year of
enrollment.
``(9) Early estimates.--The Secretary shall
continue to--
``(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;
``(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 under this
title; and
``(E) consult with representatives of
States, institutions of higher education, and
other individuals with experience or expertise
in student financial assistance application
processes in making updates to forms used to
provide early estimates under this paragraph.
``(10) Distribution of data.--Institutions of
higher education, guaranty agencies, and States shall
receive, without charge, the data collected by the
Secretary using a form developed under this subsection
for the purposes of processing loan applications and
determining need and eligibility for institutional and
State financial aid awards. Entities designated by
institutions of higher education, guaranty agencies, or
States to receive such data shall be subject to all the
requirements of this section, unless such requirements
are waived by the Secretary.
``(11) Third party servicers and private software
providers.--To the extent practicable and in a timely
manner, the Secretary shall provide, to private
organizations and consortia that develop software used
by institutions of higher education for the
administration of funds under this title, all the
necessary specifications that the organizations and
consortia must meet for the software the organizations
and consortia develop, produce, and distribute
(including any diskette, modem, or network
communications) to be so used. The specifications shall
contain record layouts for required data. The Secretary
shall develop in advance of each processing cycle an
annual schedule for providing such specifications. The
Secretary, to the extent practicable, shall use
multiple means of providing such specifications,
including conferences and other meetings, outreach, and
technical support mechanisms (such as training and
printed reference materials). The Secretary shall, from
time to time, solicit from such organizations and
consortia means of improving the support provided by
the Secretary.
``(12) Parent's social security number and birth
date.--The Secretary is authorized to include space on
the forms developed under this subsection for the
social security number and birth date of parents of
dependent students seeking financial assistance under
this title.'';
(2) by striking subsections (b) and (e);
(3) by redesignating subsections (c) and (d) (as
amended by section 103(b)(10)) as subsections (b) and
(c), respectively;
(4) in subsection (c) (as redesignated by paragraph
(3)), by striking ``that is authorized'' and all that
follows through the period at the end and inserting
``or other appropriate provider of technical assistance
and information on postsecondary educational services
for individuals with disabilities, including the
National Technical Assistance Center under section 777.
The Secretary shall continue to implement, to the
extent practicable, a toll-free telephone based system
to permit applicants who meet the requirements of
subsection (b) or (c) of section 479 to submit an
application over such system.''; and
(5) by adding at the end the following:
``(d) Assistance in Preparation of Financial Aid
Application.--
``(1) Preparation authorized.--Notwithstanding any
provision of this Act, an applicant may use a preparer
for consultative or preparation services for the
completion of a form developed under subsection (a) if
the preparer satisfies the requirements of this
subsection.
``(2) Preparer identification required.--If an
applicant uses a preparer for consultative or
preparation services for the completion of a form
developed under subsection (a), and for which a fee is
charged, the preparer shall--
``(A) include, at the time the form is
submitted to the Department, the name, address
or employer's address, social security number
or employer identification number, and
organizational affiliation of the preparer on
the applicant's form; and
``(B) be subject to the same penalties as
an applicant for purposely giving false or
misleading information in the application.
``(3) Additional requirements.--A preparer that
provides consultative or preparation services pursuant
to this subsection shall--
``(A) clearly inform each individual upon
initial contact, including contact through the
Internet or by telephone, that the FAFSA and EZ
FAFSA are free forms that may be completed
without professional assistance via paper or
electronic version of the forms that are
provided by the Secretary;
``(B) include in any advertising clear and
conspicuous information that the FAFSA and EZ
FAFSA are free forms that may be completed
without professional assistance via paper or
electronic version of the forms that are
provided by the Secretary;
``(C) if advertising or providing any
information on a website, or if providing
services through a website, include on the
website a link to the website that provides the
electronic version of the forms developed under
subsection (a); and
``(D) not produce, use, or disseminate any
other form for the purpose of applying for
Federal student financial aid other than the
form developed by the Secretary under
subsection (a).
``(4) Special rule.--Nothing in this Act shall be
construed to limit preparers of the forms required
under this title that meet the requirements of this
subsection from collecting source information from a
student or parent, including Internal Revenue Service
tax forms, in providing consultative and preparation
services in completing the forms.
``(e) Early Application and Estimated Award Demonstration
Program.--
``(1) Purpose and objectives.--The purpose of the
demonstration program under this subsection is to
measure the benefits, in terms of student aspirations
and plans to attend an institution of higher education,
and any 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 two
years prior to the year of enrollment. Additional
objectives associated with implementation of the
demonstration program are the following:
``(A) To measure the feasibility of
enabling dependent students to apply for
Federal, State, and institutional financial aid
in their junior year of secondary school, using
information from two years prior to the year of
enrollment, by completing any of the forms
under this subsection.
``(B) To identify whether receiving final
financial aid award estimates not later than
the fall of the senior year of secondary school
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.
``(C) To 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.
``(D) To effectively evaluate the benefits
and adverse effects of the demonstration
program on program costs, integrity,
distribution, and delivery of financial aid.
``(2) Program authorized.--Not later than two years
after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall implement an early
application demonstration program enabling dependent
students who wish to participate in the program--
``(A) to complete an application under this
subsection during the academic year that is two
years prior to the year such students plan to
enroll in an institution of higher education;
and
``(B) based on the application described in
subparagraph (A), to obtain, not later than one
year prior to the year of the students' planned
enrollment, information on eligibility for
Federal Pell Grants, Federal student loans
under this title, and State and institutional
financial aid for the student's first year of
enrollment in the institution of higher
education.
``(3) Early application and estimated award.--For
all dependent students selected for participation in
the demonstration program who submit a completed FAFSA,
or, as appropriate, an EZ FAFSA, two years prior to the
year such students plan to enroll in an institution of
higher education, the Secretary shall, not later than
one year prior to the year of such planned enrollment--
``(A) provide each student who completes an
early application with an estimated
determination of such student's--
``(i) expected family contribution
for the first year of the student's
enrollment in an institution of higher
education; and
``(ii) Federal Pell Grant award for
the first such year, based on the
maximum Federal Pell Grant award at the
time of application; and
``(B) remind the students of the need to
update the students' information during the
calendar year of enrollment using the expedited
reapplication process provided for in
subsection (a)(4)(A).
``(4) Participants.--The Secretary shall include as
participants in the demonstration program--
``(A) States selected through the
application process described in paragraph (5);
``(B) institutions of higher education
within the selected States that are interested
in participating in the demonstration program,
and that can make estimates or commitments of
institutional student financial aid, as
appropriate, to students the year before the
students' planned enrollment date; and
``(C) secondary schools within the selected
States that are interested in participating in
the demonstration program, and that can commit
resources to--
``(i) advertising the availability
of the program;
``(ii) identifying students who
might be interested in participating in
the program;
``(iii) encouraging such students
to apply; and
``(iv) participating in the
evaluation of the program.
``(5) Applications.--Each State that is interested
in participating in the demonstration program shall
submit an application to the Secretary at such time, in
such form, and containing such information as the
Secretary shall require. The application shall
include--
``(A) information on the amount of the
State's need-based student financial assistance
available, and the eligibility criteria for
receiving such assistance;
``(B) a commitment to make, not later than
the year before the dependent students
participating in the demonstration program plan
to enroll in an institution of higher
education, an estimate of the award of State
financial aid to such dependent students;
``(C) a plan for recruiting institutions of
higher education and secondary schools with
different demographic characteristics to
participate in the program;
``(D) a plan for selecting institutions of
higher education and secondary schools to
participate in the program that--
``(i) demonstrate a commitment to
encouraging students to submit a FAFSA,
or, as appropriate, an EZ FAFSA, two
years before the students' planned date
of enrollment in an institution of
higher education;
``(ii) serve different populations
of students;
``(iii) in the case of institutions
of higher education--
``(I) to the extent
possible, are of varying types
and sectors; and
``(II) commit to making,
not later than the year prior
to the year that dependent
students participating in the
demonstration program plan to
enroll in the institution--
``(aa) estimated
institutional awards to
participating dependent
students; and
``(bb) estimated
grants or other
financial aid available
under this title
(including supplemental
grants under subpart 3
of part A), for all
participating dependent
students, along with
information on State
awards, as provided to
the institution by the
State;
``(E) a commitment to participate in the
evaluation conducted by the Secretary; and
``(F) such other information as the
Secretary may require.
``(6) Special provisions.--
``(A) Discretion of student financial aid
administrators.--A financial aid administrator
at an institution of higher education
participating in a demonstration program under
this subsection may use the discretion provided
under section 479A as necessary for students
participating in the demonstration program.
``(B) Waivers.--The Secretary is authorized
to waive, for an institution of higher
education participating in the demonstration
program, any requirements under this title, or
regulations prescribed under this title, that
will make the demonstration program unworkable,
except that the Secretary shall not waive any
provisions with respect to the maximum award
amounts for grants and loans under this title.
``(7) Outreach.--The Secretary shall make
appropriate efforts to notify States of the
demonstration program under this subsection. Upon
determination of participating States, the Secretary
shall continue to make efforts to notify institutions
of higher education and dependent students within
participating States of the opportunity to participate
in the demonstration program and of the participation
requirements.
``(8) Evaluation.--The Secretary shall conduct a
rigorous evaluation of the demonstration program to
measure the program's benefits and adverse effects, as
the benefits and effects relate to the purpose and
objectives of the program described in paragraph (1).
In conducting the evaluation, the Secretary shall--
``(A) identify whether receiving financial
aid estimates one year prior to the year in
which the student plans to enroll in an
institution of higher education, has a positive
impact on the higher education aspirations and
plans of such student;
``(B) measure the extent to which using a
student's income information from the year that
is two years prior to the student's planned
enrollment date had an impact on the ability of
States and institutions of higher education to
make financial aid awards and commitments;
``(C) determine what operational changes
are required to implement the program on a
larger scale;
``(D) identify any changes to Federal law
that are necessary to implement the program on
a permanent basis;
``(E) identify the benefits and adverse
effects of providing early estimates on program
costs, program operations, program integrity,
award amounts, distribution, and delivery of
aid; and
``(F) examine the extent to which estimated
awards differ from actual awards made to
students participating in the program.
``(9) Consultation.--The Secretary shall consult,
as appropriate, with the Advisory Committee on Student
Financial Assistance established under section 491 on
the design, implementation, and evaluation of the
demonstration program.
``(f) Reduction of Income and Asset Information to
Determine Eligibility for Student Financial Aid.--
``(1) Continuation of current fafsa simplification
efforts.--The Secretary shall continue to examine--
``(A) how the Internal Revenue Service can
provide to the Secretary income and other data
needed to compute an expected family
contribution for taxpayers and dependents of
taxpayers, and when in the application cycle
the data can be made available;
``(B) whether data provided by the Internal
Revenue Service can be used to--
``(i) prepopulate the electronic
version of the FAFSA with student and
parent taxpayer data; or
``(ii) generate an expected family
contribution without additional action
on the part of the student and
taxpayer; and
``(C) whether the data elements collected
on the FAFSA that are needed to determine
eligibility for student aid, or to administer
the Federal student financial aid programs
under this title, but are not needed to compute
an expected family contribution, such as
information regarding the student's citizenship
or permanent residency status, registration for
selective service, or driver's license number,
can be reduced without adverse effects.
``(2) Report on fafsa simplification efforts to
date.--Not later than 90 days after the date of
enactment of the Higher Education Opportunity Act, the
Secretary shall provide a written report to the
authorizing committees on the work the Department has
done with the Secretary of the Treasury regarding--
``(A) how the expected family contribution
of a student can be calculated using
substantially less income and asset information
than was used on March 31, 2008;
``(B) the extent to which the reduced
income and asset information will result in a
redistribution of Federal grants and subsidized
loans under this title, State aid, or
institutional aid, or in a change in the
composition of the group of recipients of such
aid, and the amount of such redistribution;
``(C) how the alternative approaches for
calculating the expected family contribution
will--
``(i) rely mainly, in the case of
students and parents who file income
tax returns, on information available
on the 1040, 1040EZ, and 1040A; and
``(ii) include formulas for
adjusting income or asset information
to produce similar results to the
existing approach with less data;
``(D) how the Internal Revenue Service can
provide to the Secretary of Education income
and other data needed to compute an expected
family contribution for taxpayers and
dependents of taxpayers, and when in the
application cycle the data can be made
available;
``(E) whether data provided by the Internal
Revenue Service can be used to--
``(i) prepopulate the electronic
version of the FAFSA with student and
parent taxpayer data; or
``(ii) generate an expected family
contribution without additional action
on the part of the student and
taxpayer;
``(F) the extent to which the use of income
data from two years prior to a student's
planned enrollment date will change the
expected family contribution computed in
accordance with part F, and potential
adjustments to the need analysis formula that
will minimize the change; and
``(G) the extent to which the data elements
collected on the FAFSA on March 31, 2008, that
are needed to determine eligibility for student
aid or to administer the Federal student
financial aid programs, but are not needed to
compute an expected family contribution, such
as information regarding the student's
citizenship or permanent residency status,
registration for selective service, or driver's
license number, can be reduced without adverse
effects.
``(3) Study.--
``(A) Formation of study group.--Not later
than 90 days after the date of enactment of the
Higher Education Opportunity Act, the
Comptroller General shall convene a study group
the membership of which shall include the
Secretary of Education, the Secretary of the
Treasury, the Director of the Office of
Management and Budget, the Director of the
Congressional Budget Office, representatives of
institutions of higher education with expertise
in Federal and State financial aid assistance,
State chief executive officers of higher
education with a demonstrated commitment to
simplifying the FAFSA, and such other
individuals as the Comptroller General and the
Secretary of Education may designate.
``(B) Study required.--The Comptroller
General, in consultation with the study group
convened under subparagraph (A) shall--
``(i) review and build on the work
of the Secretary of Education and the
Secretary of the Treasury, and
individuals with expertise in analysis
of financial need, to assess
alternative approaches for calculating
the expected family contribution under
the statutory need analysis formula in
effect on the day before the date of
enactment of the Higher Education
Opportunity Act and under a new
calculation that will use substantially
less income and asset information than
was used for the 2008-2009 FAFSA;
``(ii) conduct an additional
analysis if necessary; and
``(iii) make recommendations to the
authorizing committees.
``(C) Objectives of study.--The objectives
of the study required under subparagraph (B)
are--
``(i) to determine methods to
shorten the FAFSA and make the FAFSA
easier and less time-consuming to
complete, thereby increasing higher
education access for low-income
students;
``(ii) to identify changes to the
statutory need analysis formula that
will be necessary to reduce the amount
of financial information students and
families need to provide to receive a
determination of eligibility for
student financial aid without causing
significant redistribution of Federal
grants and subsidized loans under this
title; and
``(iii) to review State and
institutional needs and uses for data
collected on the FAFSA, and to
determine the best means of addressing
such needs in the case of modification
of the FAFSA as described in clause
(i), or modification of the need
analysis formula as described in clause
(ii).
``(D) Required subjects of study.--The
study required under subparagraph (B) shall
examine--
``(i) with respect to
simplification of the financial aid
application process using the statutory
requirements for need analysis--
``(I) additional steps that
can be taken to simplify the
financial aid application
process for students who (or,
in the case of dependent
students, whose parents) are
not required to file a Federal
income tax return for the prior
taxable year;
``(II) information on State
use of information provided on
the FAFSA, including--
``(aa) whether a
State uses, as of the
time of the study, or
can use, a student's
expected family
contribution based on
data from two years
prior to the student's
planned enrollment
date;
``(bb) the extent
to which States and
institutions will
accept the data
provided by the
Internal Revenue
Service to prepopulate
the electronic version
of the FAFSA to
determine the
distribution of State
and institutional
student financial aid
funds;
``(cc) what data
are used by States, as
of the time of the
study, to determine
eligibility for State
student financial aid,
and whether the data
are used for merit- or
need-based aid;
``(dd) whether
State data are required
by State law, State
regulations, or policy
directives; and
``(ee) the extent
to which any State-
specific information
requirements can be met
by completion of a
State application
linked to the
electronic version of
the FAFSA; and
``(III) information on
institutional needs, including
the extent to which
institutions of higher
education are already using
supplemental forms to collect
additional data from students
and their families to determine
eligibility for institutional
funds; and
``(ii) ways to reduce the amount of
financial information students and
families need to provide to receive a
determination of eligibility for
student financial aid, taking into
account--
``(I) the amount of
redistribution of Federal
grants and subsidized loans
under this title caused by such
a reduction, and the benefits
to be gained by having an
application process that will
be easier for students and
their families;
``(II) students and
families who do not file income
tax returns;
``(III) the extent to which
the full array of income and
asset information collected on
the FAFSA, as of the time of
the study, plays an important
role in the awarding of need-
based State financial aid, and
whether the State can use an
expected family contribution
generated by the FAFSA, instead
of income and asset information
or a calculation with reduced
data elements, to support
determinations of eligibility
for such State aid programs
and, if not, what additional
information will be needed or
what changes to the FAFSA will
be required; and
``(IV) information on
institutional needs, including
the extent to which
institutions of higher
education are already using
supplemental forms to collect
additional data from students
and their families to determine
eligibility for institutional
funds; and
``(V) changes to this Act
or other laws that will be
required to implement a
modified need analysis system.
``(4) Consultation.--The Secretary shall consult
with the Advisory Committee on Student Financial
Assistance established under section 491 as appropriate
in carrying out this subsection.
``(5) Reports.--
``(A) Reports on study.--The Secretary
shall prepare and submit to the authorizing
committees--
``(i) not later than one year after
the date of enactment of the Higher
Education Opportunity Act, an interim
report on the progress of the study
required under paragraph (3) that
includes any preliminary
recommendations by the study group
established under such paragraph; and
``(ii) not later than two years
after the date of enactment of the
Higher Education Opportunity Act, a
final report on the results of the
study required under paragraph (3) that
includes recommendations by the study
group established under such paragraph.
``(B) Reports on fafsa simplification
efforts.--The Secretary shall report to the
authorizing committees, from time to time, on
the progress of the simplification efforts
under this subsection.
``(g) Addressing the Digital Divide.--The Secretary shall
utilize savings accrued by moving more applicants to the
electronic version of the forms described in subsection (a)(3)
to improve access to the electronic version of the forms
described in such subsection for applicants meeting the
requirements of subsection (b) or (c) of section 479.
``(h) Adjustments.--The Secretary shall disclose, on the
form notifying a student of the student's expected family
contribution, that the student may, on a case-by-case basis,
qualify for an adjustment under section 479A to the cost of
attendance or the values of the data items required to
calculate the expected contribution for the student or parent.
Such disclosure shall specify--
``(1) the special circumstances under which a
student or family member may qualify for such
adjustment; and
``(2) additional information regarding the steps a
student or family member may take in order to seek an
adjustment under section 479A.''.
SEC. 484. MODEL INSTITUTION FINANCIAL AID OFFER FORM.
(a) Model Format.--The Secretary of Education shall--
(1) not later than six months after the date of
enactment of the Higher Education Opportunity Act,
convene a group of students, families of students,
secondary school guidance counselors, representatives
of institutions of higher education (including
financial aid administrators, registrars, and business
officers), and nonprofit consumer groups for the
purpose of offering recommendations for improvements
that--
(A) can be made to financial aid offer
forms; and
(B) include the information described in
subsection (b);
(2) develop a model format for financial aid offer
forms based on the recommendations of the group; and
(3) not later than one year after the date of
enactment of the Higher Education Opportunity Act--
(A) submit recommendations to the
authorizing committees (as defined in section
103 of the Higher Education Act of 1965 (20
U.S.C. 1003); and
(B) make the recommendations and model
format widely available.
(b) Contents.--The recommendations developed under
subsection (a) for model financial aid offer forms shall
include, in a consumer-friendly manner that is simple and
understandable, the following:
(1) Information on the student's cost of
attendance, including the following:
(A) Tuition and fees.
(B) Room and board costs.
(C) Books and supplies.
(D) Transportation.
(2) The amount of financial aid that the student
does not have to repay, such as scholarships, grants,
and work-study assistance, offered to the student for
such year, and the conditions of such financial aid.
(3) The types and amounts of loans under part B, D,
or E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.)
for which the student is eligible for such year, and
the applicable terms and conditions of such loans.
(4) The net amount that the student, or the
student's family on behalf of the student, will have to
pay for the student to attend the institution for such
year, equal to--
(A) the cost of attendance for the student
for such year; minus
(B) the amount of financial aid described
in paragraphs (2) and (3) that is offered in
the financial aid offer form.
(5) Where a student or the student's family can
seek additional information regarding the financial aid
offered.
(6) Any other information the Secretary of
Education determines necessary so that students and
parents can make informed student loan borrowing
decisions.
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
``number,'' and all that follows through the
semicolon and inserting ``number;''; and
(B) in paragraph (5)--
(i) by inserting ``or'' after ``a
permanent resident of the United
States,''; and
(ii) by striking ``citizen or
permanent resident'' and all that
follows through the semicolon and
inserting ``citizen or permanent
resident;'';
(2) in subsection (b)(1), by inserting ``, or under
section 428H pursuant to an exercise of discretion
under section 479A'' after ``428C'';
(3) in subsection (d), by adding at the end the
following:
``(4) The student shall be determined by the
institution of higher education as having the ability
to benefit from the education or training offered by
the institution of higher education upon satisfactory
completion of six credit hours or the equivalent
coursework that are applicable toward a degree or
certificate offered by the institution of higher
education.'';
(4) by striking subsection (j);
(5) 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 recognized
associate, recognized baccalaureate, or
recognized 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) 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 beginning
prior to July 1, 2008, the Secretary shall not take any
compliance, disallowance, penalty, or other action
based on a violation of this subsection 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.'';
(6) by striking subsection (q) and inserting the
following:
``(q) Use of Income Data.--
``(1) Matching with irs.--The Secretary, in
cooperation with the Secretary of the Treasury, is
authorized to obtain from the Internal Revenue Service
such information reported on Federal income tax returns
by applicants, or by any other person whose financial
information is required to be provided on the Federal
student financial aid application, as the Secretary
determines is necessary for the purpose of--
``(A) prepopulating the Federal student
financial aid application described in section
483; or
``(B) verifying the information reported on
such student financial aid applications.
``(2) Consent.--The Secretary may require that
applicants for financial assistance under this title
provide a consent to the disclosure of the data
described in paragraph (1) as a condition of the
student receiving assistance under this title. The
parents of an applicant, in the case of a dependent
student, or the spouse of an applicant, in the case of
an applicant who is married but files separately, may
also be required to provide consent as a condition of
the student receiving assistance under this title.'';
(7) 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'';
(8) by adding at the end the following:
``(s) Students With Intellectual Disabilities.--
``(1) Definitions.--In this subsection the terms
`comprehensive transition and postsecondary program for
students with intellectual disabilities' and `student
with an intellectual disability' have the meanings
given the terms in section 760.
``(2) Requirements.--Notwithstanding subsections
(a), (c), and (d), in order to receive any grant or
work assistance under section 401, subpart 3 of part A,
or part C, a student with an intellectual disability
shall--
``(A) be enrolled or accepted for
enrollment in a comprehensive transition and
postsecondary 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).
``(3) Authority.--Notwithstanding any other
provision of law unless such provision is 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 (other than
a provision of part F related to such a program), or
any institutional eligibility provisions of this title,
as the Secretary determines necessary to ensure that
programs enrolling students with intellectual
disabilities otherwise determined to be eligible under
this subsection may receive such financial assistance.
``(4) Regulations.--Notwithstanding regulations
applicable to grant or work assistance awards made
under section 401, subpart 3 of part A, and part C
(other than a regulation under part F related to such
an award), 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.''; and
(9) by adding after subsection (s) (as added by
paragraph (7)) the following:
``(t) Data Analysis on Access to Federal Student Aid For
Certain Populations.--
``(1) Development of the system.--Within one year
of enactment of the Higher Education Opportunity Act,
the Secretary shall 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 website and the
Digest of Education 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, 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 subsection (a)
shall take effect on July 1, 2010, except that the amendments
made by paragraphs (3), (4), and (8) of such subsection shall
take effect on the date of enactment of this Act.
SEC. 486. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS.
Section 484A (20 U.S.C. 1091a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and''
after the semicolon;
(B) in paragraph (2), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(3) in collecting any obligation arising from a
loan made under part E, 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.''; and
(2) by adding at the end the following:
``(d) Special Rule.--This section shall not apply in the
case of a student who is deceased, or to a deceased student's
estate or the estate of such student's family. If a student is
deceased, then the student's estate or the estate of the
student's family shall not be required to repay any financial
assistance under this title, including interest paid on the
student's behalf, collection costs, or other charges specified
in this title.''.
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by
inserting after section 484B the following:
``SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
``(a) Definition of Service in the Uniformed Services.--In
this section, the term `service in the uniformed services'
means service (whether voluntary or involuntary) on active duty
in the Armed Forces, including such service by a member of the
National Guard or Reserve, for a period of more than 30 days
under a call or order to active duty of more than 30 days.
``(b) Discrimination Against Students Who Serve in the
Uniformed Services Prohibited.--A person who is a member of,
applies to be a member of, performs, has performed, applies to
perform, or has an obligation to perform, service in the
uniformed services shall not be denied readmission to an
institution of higher education on the basis of that
membership, application for membership, performance of service,
application for service, or obligation.
``(c) Readmission Procedures.--
``(1) In general.--Any student whose absence from
an institution of higher education is necessitated by
reason of service in the uniformed services shall be
entitled to readmission to the institution of higher
education if--
``(A) the student (or an appropriate
officer of the Armed Forces or official of the
Department of Defense) gives advance written or
verbal notice of such service to the
appropriate official at the institution of
higher education;
``(B) the cumulative length of the absence
and of all previous absences from that
institution of higher education by reason of
service in the uniformed services does not
exceed five years; and
``(C) except as otherwise provided in this
section, the student submits a notification of
intent to reenroll in the institution of higher
education in accordance with the provisions of
paragraph (4).
``(2) Exceptions.--
``(A) Military necessity.--No notice is
required under paragraph (1)(A) if the giving
of such notice is precluded by military
necessity, such as--
``(i) a mission, operation,
exercise, or requirement that is
classified; or
``(ii) a pending or ongoing
mission, operation, exercise, or
requirement that may be compromised or
otherwise adversely affected by public
knowledge.
``(B) Failure to give advance notice.--Any
student (or an appropriate officer of the Armed
Forces or official of the Department of
Defense) who did not give advance written or
verbal notice of service to the appropriate
official at the institution of higher education
in accordance with paragraph (1)(A) may meet
the notice requirement by submitting, at the
time the student seeks readmission, an
attestation to the student's institution of
higher education that the student performed
service in the uniformed services that
necessitated the student's absence from the
institution of higher education.
``(3) Applicability.--This section shall apply to a
student who is absent from an institution of higher
education by reason of service in the uniformed
services if such student's cumulative period of service
in the Armed Forces (including the National Guard or
Reserve), with respect to the institution of higher
education for which a student seeks readmission, does
not exceed five years, except that any such period of
service shall not include any service--
``(A) that is required, beyond five years,
to complete an initial period of obligated
service;
``(B) during which such student was unable
to obtain orders releasing such student from a
period of service in the uniformed services
before the expiration of such five-year period
and such inability was through no fault of such
student; or
``(C) performed by a member of the Armed
Forces (including the National Guard and
Reserves) who is--
``(i) ordered to or retained on
active duty under section 688,
12301(a), 12301(g), 12302, 12304, or
12305 of title 10, United States Code,
or under section 331, 332, 359, 360,
367, or 712 of title 14, United States
Code;
``(ii) ordered to or retained on
active duty (other than for training)
under any provision of law because of a
war or national emergency declared by
the President or the Congress, as
determined by the Secretary concerned;
``(iii) ordered to active duty
(other than for training) in support,
as determined by the Secretary
concerned, of an operational mission
for which personnel have been ordered
to active duty under section 12304 of
title 10, United States Code;
``(iv) ordered to active duty in
support, as determined by the Secretary
concerned, of a critical mission or
requirement of the Armed Forces
(including the National Guard or
Reserve); or
``(v) called into Federal service
as a member of the National Guard under
chapter 15 of title 10, United States
Code, or section 12406 of title 10,
United States Code.
``(4) Notification of intent to return.--
``(A) In general.--Except as provided in
subparagraph (B), a student referred to in
subsection (a) shall, upon the completion of a
period of service in the uniformed services,
notify the institution of higher education of
the student's intent to return to the
institution not later than three years after
the completion of the period of service.
``(B) Hospitalization or convalescence.--A
student who is hospitalized for or convalescing
from an illness or injury incurred in or
aggravated during the performance of service in
the uniformed services shall notify the
institution of higher education of the
student's intent to return to the institution
not later than two years after the end of the
period that is necessary for recovery from such
illness or injury.
``(C) Special rule.--A student who fails to
apply for readmission within the period
described in this section shall not
automatically forfeit such eligibility for
readmission to the institution of higher
education, but shall be subject to the
institution of higher education's established
leave of absence policy and general practices.
``(5) Documentation.--
``(A) In general.--A student who submits an
application for readmission to an institution
of higher education under this section shall
provide to the institution of higher education
documentation to establish that--
``(i) the student has not exceeded
the service limitations established
under this section; and
``(ii) the student's eligibility
for readmission has not been terminated
due to an exception in subsection (d).
``(B) Prohibited documentation demands.--An
institution of higher education may not delay
or attempt to avoid a readmission of a student
under this section by demanding documentation
that does not exist, or is not readily
available, at the time of readmission.
``(6) No change in academic status.--A student who
is readmitted to an institution of higher education
under this section shall be readmitted with the same
academic status as such student had when such student
last attended the institution of higher education.
``(d) Exception From Readmission Eligibility.--A student's
eligibility for readmission to an institution of higher
education under this section by reason of such student's
service in the uniformed services terminates upon the
occurrence of any of the following events:
``(1) A separation of such person from the Armed
Forces (including the National Guard and Reserves) with
a dishonorable or bad conduct discharge.
``(2) A dismissal of such person permitted under
section 1161(a) of title 10, United States Code.
``(3) A dropping of such person from the rolls
pursuant to section 1161(b) of title 10, United States
Code.''.
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
(a) Information Dissemination Activities.--Section 485(a)
(20 U.S.C. 1092(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G)--
(i) by striking ``program, and''
and inserting ``program,''; and
(ii) by inserting ``, and (iv) any
plans by the institution for improving
the academic program of the
institution'' after ``instructional
personnel''; and
(B) by striking subparagraph (M) and
inserting the following:
``(M) the terms and conditions of the loans
that students receive under parts B, D, and
E;'';
(C) in subparagraph (N), by striking
``and'' after the semicolon;
(D) in subparagraph (O), by striking the
period and inserting a semicolon; and
(E) by adding at the end the following:
``(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; and
``(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;
``(Q) student body diversity at the
institution, including information on the
percentage of enrolled, full-time students
who--
``(i) are male;
``(ii) are female;
``(iii) receive a Federal Pell
Grant; and
``(iv) are a self-identified member
of a major racial or ethnic group;
``(R) the placement in employment of, and
types of employment obtained by, graduates of
the institution's degree or certificate
programs, gathered from such sources as alumni
surveys, student satisfaction surveys, the
National Survey of Student Engagement, the
Community College Survey of Student Engagement,
State data systems, or other relevant sources;
``(S) the types of graduate and
professional education in which graduates of
the institution's four-year degree programs
enrolled, gathered from such sources as alumni
surveys, student satisfaction surveys, the
National Survey of Student Engagement, State
data systems, or other relevant sources;
``(T) the fire safety report prepared by
the institution pursuant to subsection (i);
``(U) the retention rate of certificate- or
degree-seeking, first-time, full-time,
undergraduate students entering such
institution; and
``(V) institutional policies regarding
vaccinations.''; and
(2) by striking paragraph (4) and inserting the
following:
``(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 where the students described
in subparagraph (A) represent 20 percent or
more of the certificate- or degree-seeking,
full-time, undergraduate students at the
institution, recalculate the completion or
graduation rates of such students by excluding
from the calculation described in paragraph (3)
the time period such students were not enrolled
due to their service in the Armed Forces, on
official church missions, or with a recognized
foreign aid service of the Federal
Government.''; and
(3) by adding at the end the following:
``(7)(A)(i) Subject to clause (ii), the information
disseminated under paragraph (1)(L), or reported under
subsection (e), shall be disaggregated by gender, by
each major racial and ethnic subgroup, by recipients of
a Federal Pell Grant, by recipients of a loan made
under part B or D (other than a loan made under section
428H or a Federal Direct Unsubsidized Stafford Loan)
who did not receive a Federal Pell Grant, and by
recipients of neither a Federal Pell Grant nor a loan
made under part B or D (other than a loan made under
section 428H or a Federal Direct Unsubsidized Stafford
Loan), if the number of students in such subgroup or
with such status is sufficient to yield statistically
reliable information and reporting will not reveal
personally identifiable information about an individual
student. If such number is not sufficient for such
purposes, then the institution shall note that the
institution enrolled too few of such students to so
disclose or report with confidence and confidentiality.
``(ii) The requirements of clause (i) shall not
apply to two-year, degree-granting institutions of
higher education until academic year 2011-2012.
``(B)(i) In order to assist two-year degree-
granting institutions of higher education in meeting
the requirements of paragraph (1)(L) and subsection
(e), the Secretary, in consultation with the
Commissioner for Education Statistics, shall, not later
than 90 days after the date of enactment of the Higher
Education Opportunity Act, convene a group of
representatives from diverse institutions of higher
education, experts in the field of higher education
policy, state higher education officials, students, and
other stakeholders in the higher education community,
to develop recommendations regarding the accurate
calculation and reporting of the information required
to be disseminated or reported under paragraph (1)(L)
and subsection (e) by two-year, degree-granting
institutions of higher education. In developing such
recommendations, the group of representatives shall
consider the mission and role of two-year degree-
granting institutions of higher education, and may
recommend additional or alternative measures of student
success for such institutions in light of the mission
and role of such institutions.
``(ii) The Secretary shall widely disseminate the
recommendations required under this subparagraph to
two-year, degree-granting institutions of higher
education, the public, and the authorizing committees
not later than 18 months after the first meeting of the
group of representatives convened under clause (i).
``(iii) The Secretary shall use the recommendations
from the group of representatives convened under clause
(i) to provide technical assistance to two-year,
degree-granting institutions of higher education in
meeting the requirements of paragraph (1)(L) and
subsection (e).
``(iv) The Secretary may modify the information
required to be disseminated or reported under paragraph
(1)(L) or subsection (e) by a two-year, degree-granting
institution of higher--
``(I) based on the recommendations received
under this subparagraph from the group of
representatives convened under clause (i);
``(II) to include additional or alternative
measures of student success if the goals of the
provisions of paragraph (1)(L) and subsection
(e) can be met through additional means or
comparable alternatives; and
``(III) during the period beginning on the
date of enactment of the Higher Education
Opportunity Act, and ending on June 30,
2011.''.
(b) Exit Counseling.--Subsection (b)(1)(A) of section 485
(20 U.S.C. 1092(b)(1)(A)) is amended to read as follows:
``(b) Exit Counseling for Borrowers.--(1)(A) Each eligible
institution shall, through financial aid offices or otherwise,
provide counseling to borrowers of loans that are made,
insured, or guaranteed under part B (other than loans made
pursuant to section 428C or loans under section 428B made on
behalf of a student) or made under part D (other than Federal
Direct Consolidation Loans or Federal Direct PLUS Loans made on
behalf of a student) or made under part E of this title prior
to the completion of the course of study for which the borrower
enrolled at the institution or at the time of departure from
such institution. The counseling required by this subsection
shall include--
``(i) information on the repayment plans available,
including a description of the different features of
each plan and sample information showing the average
anticipated monthly payments, and the difference in
interest paid and total payments, under each plan;
``(ii) debt management strategies that are designed
to facilitate the repayment of such indebtedness;
``(iii) an explanation that the borrower has the
options to prepay each loan, pay each loan on a shorter
schedule, and change repayment plans;
``(iv) for any loan forgiveness or cancellation
provision of this title, a general description of the
terms and conditions under which the borrower may
obtain full or partial forgiveness or cancellation of
the principal and interest, and a copy of the
information provided by the Secretary under section
485(d);
``(v) for any forbearance provision of this title,
a general description of the terms and conditions under
which the borrower may defer repayment of principal or
interest or be granted forbearance, and a copy of the
information provided by the Secretary under section
485(d);
``(vi) the consequences of defaulting on a loan,
including adverse credit reports, delinquent debt
collection procedures under Federal law, and
litigation;
``(vii) information on the effects of using a
consolidation loan under section 428C or a Federal
Direct Consolidation Loan to discharge the borrower's
loans under parts B, D, and E, including at a minimum--
``(I) the effects of consolidation on total
interest to be paid, fees to be paid, and
length of repayment;
``(II) the effects of consolidation on a
borrower's underlying loan benefits, including
grace periods, loan forgiveness, cancellation,
and deferment opportunities;
``(III) the option of the borrower to
prepay the loan or to change repayment plans;
and
``(IV) that borrower benefit programs may
vary among different lenders;
``(viii) a general description of the types of tax
benefits that may be available to borrowers; and
``(ix) a notice to borrowers about the availability
of the National Student Loan Data System and how the
system can be used by a borrower to obtain information
on the status of the borrower's loans; and''.
(c) Departmental Publication of Descriptions of Assistance
Programs.--Section 485(d) (20 U.S.C. 1092(d)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``under this
title.'' the following: ``Such information
shall also include information on the various
payment options available for student loans,
including income-sensitive and income-based
repayment plans for loans made, insured, or
guaranteed under part B and income-contingent
and income-based repayment plans for loans made
under part D.''; and
(B) by inserting after ``tax-exempt
organization.'' the following: ``The Secretary
shall also provide information on loan
forbearance, including the increase in debt
that results from capitalization of
interest.''; and
(2) by adding at the end the following:
``(4) The Secretary shall widely publicize the location of
the information described in paragraph (1) among the public,
eligible institutions, and eligible lenders, and promote the
use of such information by prospective students, enrolled
students, families of prospective and enrolled students, and
borrowers.''.
(d) 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 where the students described
in subparagraph (A) represent 20 percent or
more of the certificate- or degree-seeking,
full-time, undergraduate students at the
institution, calculate the completion or
graduation rates of such students by excluding
from the calculations described in paragraph
(1) the time period such students were not
enrolled due to their service in the Armed
Forces, on official church missions, or with a
recognized foreign aid service of the Federal
Government.''.
(e) Criminal Offenses Reported.--Section 485(f) (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph
(A), by inserting ``, other than a foreign
institution higher education,'' after ``under
this title'';
(B) 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 the institution has
agreements with such agencies, such as
written memoranda of understanding, for
the investigation of alleged criminal
offenses; and
``(iii) policies which encourage
accurate and prompt reporting of all
crimes to the campus police and the
appropriate law enforcement
agencies.'';
(C) in subparagraph (F)(ii)--
(i) by striking ``clause (i), and''
and inserting ``clause (i), of larceny-
theft, simple assault, intimidation,
and destruction, damage, or vandalism
of property, and of''; and
(ii) by inserting a comma after
``any person''; and
(D) 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 policies shall include
procedures to--
``(i) immediately notify the campus
community upon the confirmation of a
significant emergency or dangerous
situation involving an immediate threat
to the health or safety of students or
staff occurring on the campus, as
defined in paragraph (6), unless
issuing a notification will compromise
efforts to contain the emergency;
``(ii) publicize emergency response
and evacuation procedures on an annual
basis in a manner designed to reach
students and staff; and
``(iii) test emergency response and
evacuation procedures on an annual
basis.'';
(2) by redesignating paragraph (15) as paragraph
(18); and
(3) by inserting after paragraph (14) the
following:
``(15) 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) 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) Nothing in this subsection shall be
construed to permit an institution, or an officer,
employee, or agent of an institution, participating in
any program under this title to retaliate, intimidate,
threaten, coerce, or otherwise discriminate against any
individual with respect to the implementation of any
provision of this subsection.''.
(f) Report.--Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is
amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(3) in subparagraph (B) (as redesignated by
paragraph (2)), by striking ``and the report to
Congress described in subparagraph (B)''; and
(4) in subparagraph (C) (as redesignated by
paragraph (2)), by striking ``the information reported
under subparagraph (B) and''.
(g) Additional Requirements.--Section 485 (20 U.S.C. 1092)
is further 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 paragraph (1)(A).
``(3) Current information to campus community.--
Each eligible 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 the statistics submitted under
paragraph (1)(A) 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, including the
installation, to the technical
standards of the National Fire
Protection Association, of fire
detection, prevention, and protection
technologies in student housing,
dormitories, and other buildings;
``(ii) disseminate the exemplary
policies, procedures, programs and
practices described in clause (i) 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 section 444 of the General
Education Provisions Act (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.
``(j) Missing Person Procedures.--
``(1) Option and procedures.--Each institution of
higher education that provides on-campus housing and
participates in any program under this title shall--
``(A) establish a missing student
notification policy for students who reside in
on-campus housing that--
``(i) informs each such student
that such student has the option to
identify an individual to be contacted
by the institution not later than 24
hours after the time that the student
is determined missing in accordance
with official notification procedures
established by the institution under
subparagraph (B);
``(ii) provides each such student a
means to register confidential contact
information in the event that the
student is determined to be missing for
a period of more than 24 hours;
``(iii) advises each such student
who is under 18 years of age, and not
an emancipated individual, that the
institution is required to notify a
custodial parent or guardian not later
than 24 hours after the time that the
student is determined to be missing in
accordance with such procedures;
``(iv) informs each such residing
student that the institution will
notify the appropriate law enforcement
agency not later than 24 hours after
the time that the student is determined
missing in accordance with such
procedures; and
``(v) requires, if the campus
security or law enforcement personnel
has been notified and makes a
determination that a student who is the
subject of a missing person report has
been missing for more than 24 hours and
has not returned to the campus, the
institution to initiate the emergency
contact procedures in accordance with
the student's designation; and
``(B) establish official notification
procedures for a missing student who resides in
on-campus housing that--
``(i) includes procedures for
official notification of appropriate
individuals at the institution that
such student has been missing for more
than 24 hours;
``(ii) requires any official
missing person report relating to such
student be referred immediately to the
institution's police or campus security
department; and
``(iii) if, on investigation of the
official report, such department
determines that the missing student has
been missing for more than 24 hours,
requires--
``(I) such department to
contact the individual
identified by such student
under subparagraph (A)(i);
``(II) if such student is
under 18 years of age, and not
an emancipated individual, the
institution to immediately
contact the custodial parent or
legal guardian of such student;
and
``(III) if subclauses (I)
or (II) do not apply to a
student determined to be a
missing person, inform the
appropriate law enforcement
agency.
``(2) Rule of construction.--Nothing in this
subsection shall be construed--
``(A) to provide a private right of action
to any person to enforce any provision of this
subsection; or
``(B) to create a cause of action against
any institution of higher education or any
employee of the institution for any civil
liability.
``(k) Notice to Students Concerning Penalties for Drug
Violations.--
``(1) Notice upon enrollment.--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).
``(2) Notice after loss of eligibility.--An
institution of higher education shall provide in a
timely manner to each student who has lost eligibility
for any grant, loan, or work-study assistance under
this title as a result of 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).
``(l) Entrance Counseling for Borrowers.--
``(1) Disclosure required prior to disbursement.--
``(A) In general.--Each eligible
institution shall, at or prior to the time of a
disbursement to a first-time borrower of a loan
made, insured, or guaranteed under part B
(other than a loan made pursuant to section
428C or a loan made on behalf of a student
pursuant to section 428B) or made under part D
(other than a Federal Direct Consolidation Loan
or a Federal Direct PLUS loan made on behalf of
a student), ensure that the borrower receives
comprehensive information on the terms and
conditions of the loan and of the
responsibilities the borrower has with respect
to such loan in accordance with subparagraph
(B). Such information--
``(i) shall be provided in a simple
and understandable manner; and
``(ii) may be provided--
``(I) during an entrance
counseling session conduction
in person;
``(II) on a separate
written form provided to the
borrower that the borrower
signs and returns to the
institution; or
``(III) online, with the
borrower acknowledging receipt
of the information.
``(B) Use of interactive programs.--The
Secretary shall encourage institutions to carry
out the requirements of subparagraph (A)
through the use of interactive programs that
test the borrower's understanding of the terms
and conditions of the borrower's loans under
part B or D, using simple and understandable
language and clear formatting.
``(2) Information to be provided.--The information
to be provided to the borrower under paragraph (1)(A)
shall include the following:
``(A) To the extent practicable, the effect
of accepting the loan to be disbursed on the
eligibility of the borrower for other forms of
student financial assistance.
``(B) An explanation of the use of the
master promissory note.
``(C) Information on how interest accrues
and is capitalized during periods when the
interest is not paid by either the borrower or
the Secretary.
``(D) In the case of a loan made under
section 428B or 428H, a Federal Direct PLUS
Loan, or a Federal Direct Unsubsidized Stafford
Loan, the option of the borrower to pay the
interest while the borrower is in school.
``(E) The definition of half-time
enrollment at the institution, during regular
terms and summer school, if applicable, and the
consequences of not maintaining half-time
enrollment.
``(F) An explanation of the importance of
contacting the appropriate offices at the
institution of higher education if the borrower
withdraws prior to completing the borrower's
program of study so that the institution can
provide exit counseling, including information
regarding the borrower's repayment options and
loan consolidation.
``(G) Sample monthly repayment amounts
based on--
``(i) a range of levels of
indebtedness of--
``(I) borrowers of loans
under section 428 or 428H; and
``(II) as appropriate,
graduate borrowers of loans
under section 428, 428B, or
428H; or
``(ii) the average cumulative
indebtedness of other borrowers in the
same program as the borrower at the
same institution.
``(H) The obligation of the borrower to
repay the full amount of the loan, regardless
of whether the borrower completes or does not
complete the program in which the borrower is
enrolled within the regular time for program
completion.
``(I) The likely consequences of default on
the loan, including adverse credit reports,
delinquent debt collection procedures under
Federal law, and litigation.
``(J) Information on the National Student
Loan Data System and how the borrower can
access the borrower's records.
``(K) The name of and contact information
for the individual the borrower may contact if
the borrower has any questions about the
borrower's rights and responsibilities or the
terms and conditions of the loan.''.
SEC. 489. NATIONAL STUDENT LOAN DATA SYSTEM.
Section 485B (20 U.S.C. 1092b) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through
(10) as paragraphs (7) through (11),
respectively;
(B) in paragraph (5) (as added by Public
Law 101-610), by striking ``effectiveness.''
and inserting ``effectiveness;''; and
(C) by redesignating paragraph (5) (as
added by Public Law 101-234) as paragraph (6);
(2) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively; and
(3) by inserting after subsection (c) the
following:
``(d) Principles for Administering the Data System.--In
managing the National Student Loan Data System, the Secretary
shall take actions necessary to maintain confidence in the data
system, including, at a minimum--
``(1) ensuring that the primary purpose of access
to the data system by guaranty agencies, eligible
lenders, and eligible institutions of higher education
is for legitimate program operations, such as the need
to verify the eligibility of a student, potential
student, or parent for loans under part B, D, or E;
``(2) prohibiting nongovernmental researchers and
policy analysts from accessing personally identifiable
information;
``(3) creating a disclosure form for students and
potential students that is distributed when such
students complete the common financial reporting form
under section 483, and as a part of the exit counseling
process under section 485(b), that--
``(A) informs the students that any title
IV grant or loan the students receive will be
included in the National Student Loan Data
System, and instructs the students on how to
access that information;
``(B) describes the categories of
individuals or entities that may access the
data relating to such grant or loan through the
data system, and for what purposes access is
allowed;
``(C) defines and explains the categories
of information included in the data system;
``(D) provides a summary of the provisions
of section 444 of the General Education
Provisions Act (the Family Educational Rights
and Privacy Act of 1974) and other applicable
Federal privacy statutes, and a statement of
the students' rights and responsibilities with
respect to such statutes;
``(E) explains the measures taken by the
Department to safeguard the students' data; and
``(F) includes other information as
determined appropriate by the Secretary;
``(4) requiring guaranty agencies, eligible
lenders, and eligible institutions of higher education
that enter into an agreement with a potential student,
student, or parent of such student regarding a loan
under part B, D, or E, to inform the student or parent
that such loan shall be--
``(A) submitted to the data system; and
``(B) accessible to guaranty agencies,
eligible lenders, and eligible institutions of
higher education determined by the Secretary to
be authorized users of the data system;
``(5) regularly reviewing the data system to--
``(A) delete inactive users from the data
system;
``(B) ensure that the data in the data
system are not being used for marketing
purposes; and
``(C) monitor the use of the data system by
guaranty agencies and eligible lenders to
determine whether an agency or lender is
accessing the records of students in which the
agency or lender has no existing financial
interest; and
``(6) developing standardized protocols for
limiting access to the data system that include--
``(A) collecting data on the usage of the
data system to monitor whether access has been
or is being used contrary to the purposes of
the data system;
``(B) defining the steps necessary for
determining whether, and how, to deny or
restrict access to the data system; and
``(C) determining the steps necessary to
reopen access to the data system following a
denial or restriction of access.''; and
(4) by striking subsection (e) (as redesignated by
paragraph (1)) and inserting the following:
``(e) Reports to Congress.--
``(1) Annual report.--Not later than September 30
of each fiscal year, the Secretary shall prepare and
submit to the authorizing committees a report
describing--
``(A) the effectiveness of existing privacy
safeguards in protecting student and parent
information in the data system;
``(B) the success of any new authorization
protocols in more effectively preventing abuse
of the data system;
``(C) the ability of the Secretary to
monitor how the system is being used, relative
to the intended purposes of the data system;
and
``(D) any protocols developed under
subsection (d)(6) during the preceding fiscal
year.
``(2) Study.--
``(A) In general.--The Secretary shall
conduct a study regarding--
``(i) available mechanisms for
providing students and parents with the
ability to opt in or opt out of
allowing eligible lenders to access
their records in the National Student
Loan Data System; and
``(ii) appropriate protocols for
limiting access to the data system,
based on the risk assessment required
under subchapter III of chapter 35 of
title 44, United States Code.
``(B) Submission of study.--Not later than
three years after the date of enactment of the
Higher Education Opportunity Act, the Secretary
shall prepare and submit a report on the
findings of the study under subparagraph (A) to
the authorizing committees.''.
SEC. 490. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by
inserting after section 485D (20 U.S.C. 1092c) the following:
``SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
``(a) In General.--The Secretary shall implement, in
cooperation with States, institutions of higher education,
secondary schools, early intervention and outreach programs
under this title, other agencies and organizations involved in
student financial assistance and college access, public
libraries, community centers, employers, and businesses, a
comprehensive system of early financial aid information in
order to provide students and families with early information
about financial aid and early estimates of such students'
eligibility for financial aid from multiple sources. Such
system shall include the activities described in subsection
(b).
``(b) Communication of Availability of Aid and Aid
Eligibility.--
``(1) Students who receive benefits.--The Secretary
shall--
``(A) make special efforts to notify
students who receive or are eligible to receive
benefits under a Federal means-tested benefit
program (including the supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.)), or
another such benefit program as determined by
the Secretary, of such students' potential
eligibility for a maximum Federal Pell Grant
under subpart 1 of part A; and
``(B) disseminate such informational
materials, that are part of the system
described in subsection (a), as the Secretary
determines necessary.
``(2) Secondary school students.--The Secretary, in
cooperation with States, institutions of higher
education, other organizations involved in college
access and student financial aid, secondary schools,
and programs under this title that serve secondary
school students, shall make special efforts to notify
students in secondary school and their families, as
early as possible but not later than such students'
junior year of secondary school, of the availability of
financial aid under this title and shall provide
nonbinding estimates of the amounts of grant and loan
aid that an individual may be eligible for under this
title upon completion of an application form under
section 483(a). The Secretary shall ensure that such
information is as accurate as possible and that such
information is provided in an age-appropriate format
using dissemination mechanisms suitable for students in
secondary school.
``(3) Adult learners.--The Secretary, in
cooperation with States, institutions of higher
education, other organizations involved in college
access and student financial aid, employers, workforce
investment boards, and public libraries, shall make
special efforts to provide individuals who would
qualify as independent students, as defined in section
480(d), with information regarding the availability of
financial aid under this title and with nonbinding
estimates of the amounts of grant and loan aid that an
individual may be eligible for under this title upon
completion of an application form under section 483(a).
The Secretary shall ensure that such information--
``(A) is as accurate as possible;
``(B) includes specific information
regarding the availability of financial aid for
students qualified as independent students, as
defined in section 480(d); and
``(C) uses dissemination mechanisms
suitable for adult learners.
``(4) Public awareness campaign.--Not later than
two years after the date of enactment of the Higher
Education Opportunity Act, the Secretary, in
coordination with States, institutions of higher
education, early intervention and outreach programs
under this title, other agencies and organizations
involved in college access and student financial aid,
secondary schools, organizations that provide services
to individuals that are or were homeless, to
individuals in foster care, or to other disconnected
individuals, local educational agencies, public
libraries, community centers, businesses, employers,
employment services, workforce investment boards, and
movie theaters, shall implement a public awareness
campaign in order to increase national awareness
regarding the availability of financial aid under this
title. The public awareness campaign shall disseminate
accurate information regarding the availability of
financial aid under this title and shall be
implemented, to the extent practicable, using a variety
of media, including print, television, radio, and the
Internet. The Secretary shall design and implement the
public awareness campaign based upon relevant
independent research and the information and
dissemination strategies found most effective in
implementing paragraphs (1) through (3).''.
SEC. 491. DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended--
(1) in subparagraph (B), by redesignating clauses
(i) and (ii) as subparagraphs (A) and (B),
respectively, and adjusting the margins accordingly;
and
(2) by striking ``Reports.--'' and all that follows
through ``House of Representatives on an annual basis''
and inserting ``Annual reports.--The Secretary shall
provide reports to the authorizing committees on an
annual basis''.
SEC. 492. ARTICULATION AGREEMENTS.
Part G of title IV is further amended by inserting after
section 486 (20 U.S.C. 1093) the following new section:
``SEC. 486A. ARTICULATION AGREEMENTS.
``(a) Definition.--In this section, the term `articulation
agreement' means an agreement between or among institutions of
higher education that specifies the acceptability of courses in
transfer toward meeting specific degree or program
requirements.
``(b) Program To Encourage Articulation Agreements.--
``(1) Program established.--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 between or 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 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) management systems regarding course
equivalency, transfer of credit, and
articulation; and
``(D) other strategies identified by the
Secretary.
``(2) Technical assistance provided.--The Secretary
shall provide technical assistance to States and public
institutions of higher education for the purposes of
developing and implementing articulation agreements in
accordance with this subsection.
``(3) Rule of construction.--Nothing in this
subsection shall be construed to authorize the
Secretary to require particular policies, procedures,
or practices by institutions of higher education with
respect to articulation agreements.''.
SEC. 493. PROGRAM PARTICIPATION AGREEMENTS.
(a) Program Participation Agreement Requirements.--
(1) Voter registration; 90-10 rule; code of
conduct; disciplinary proceedings; preferred lender
lists; private education loan certification;
copyrighted material.--
(A) Amendment.--Section 487(a) (20 U.S.C.
1094(a)) is amended--
(i) in paragraph (23)--
(I) by moving subparagraph
(C) two ems to the left; and
(II) by adding at the end
the following:
``(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, if such information is
in an electronic message devoted exclusively to
voter registration.''; and
(ii) by adding at the end the
following:
``(24) In the case of a proprietary institution of
higher education (as defined in section 102(b)), such
institution will derive not less than ten percent of
such institution's revenues from sources other than
funds provided under this title, as calculated in
accordance with subsection (d)(1), or will be subject
to the sanctions described in subsection (d)(2).
``(25) In the case of an institution that
participates in a loan program under this title, the
institution will--
``(A) develop a code of conduct with
respect to such loans with which the
institution's officers, employees, and agents
shall comply, that--
``(i) prohibits a conflict of
interest with the responsibilities of
an officer, employee, or agent of an
institution with respect to such loans;
and
``(ii) at a minimum, includes the
provisions described in subsection (e);
``(B) publish such code of conduct
prominently on the institution's website; and
``(C) administer and enforce such code by,
at a minimum, requiring that all of the
institution's officers, employees, and agents
with responsibilities with respect to such
loans be annually informed of the provisions of
the code of conduct.
``(26) The institution will, upon written request,
disclose to the alleged victim of any crime of violence
(as that term is defined in section 16 of title 18,
United States Code), or a nonforcible sex offense, the
report on the 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 as a result of
such crime or offense, the next of kin of such victim
shall be treated as the alleged victim for purposes of
this paragraph.
``(27) In the case of an institution that has
entered into a preferred lender arrangement, the
institution will at least annually compile, maintain,
and make available for students attending the
institution, and the families of such students, a list,
in print or other medium, of the specific lenders for
loans made, insured, or guaranteed under this title or
private education loans that the institution
recommends, promotes, or endorses in accordance with
such preferred lender arrangement. In making such list,
the institution shall comply with the requirements of
subsection (h).
``(28)(A) The institution will, upon the request of
an applicant for a private education loan, provide to
the applicant the form required under section 128(e)(3)
of the Truth in Lending Act (15 U.S.C. 1638(e)(3)), and
the information required to complete such form, to the
extent the institution possesses such information.
``(B) For purposes of this paragraph, the term
`private education loan' has the meaning given such
term in section 140 of the Truth in Lending Act.
``(29) The institution certifies that the
institution--
``(A) has developed plans to effectively
combat the unauthorized distribution of
copyrighted material, including through the use
of a variety of technology-based deterrents;
and
``(B) will, to the extent practicable,
offer alternatives to illegal downloading or
peer-to-peer distribution of intellectual
property, as determined by the institution in
consultation with the chief technology officer
or other designated officer of the
institution.''.
(B) Effective date.--The amendment made by
subparagraph (A) with respect to section
487(a)(26) of the Higher Education Act of 1965
(as added by subparagraph (A)) shall apply with
respect to any disciplinary proceeding
conducted by an institution on or after the day
that is one year after the date of enactment of
this Act.
(b) Audits; Financial Responsibility; Enforcement of
Standards.--Section 487(c)(1)(A)(i) (20 U.S.C.
1094(c)(1)(A)(i)) is amended 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 receives less than $500,000 in loans
under this title during the award year preceding the audit
period''.
(c) Implementation of Non-Title IV Revenue Requirement;
Code of Conduct; Institutional Requirements for Teach-Outs;
Inspector General Report on Gift Ban Violations; Preferred
Lender List Requirements.--Section 487 (20 U.S.C. 1094) is
further amended--
(1) by redesignating subsections (d) and (e) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (c) the
following:
``(d) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In making calculations under
subsection (a)(24), a proprietary institution of higher
education shall--
``(A) use the cash basis of accounting,
except in the case of loans described in
subparagraph (D)(i) that are made by the
proprietary institution of higher education;
``(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 that are necessary for the
education and training of the
institution's students, 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, if
the program--
``(I) is approved or
licensed by the appropriate
State agency;
``(II) is accredited by an
accrediting agency recognized
by the Secretary; or
``(III) provides an
industry-recognized credential
or certification;
``(C) presume that any funds for a program
under this title that are 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 a Federal,
State, or local government agency for
the purpose of providing job training
to low-income individuals who are in
need of that training;
``(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; or
``(iv) institutional scholarships
described in subparagraph (D)(iii);
``(D) include institutional aid as revenue
to the school only as follows:
``(i) in the case of loans made by
a proprietary institution of higher
education on or after July 1, 2008 and
prior to July 1, 2012, the net present
value of such loans made by the
institution during the applicable
institutional fiscal year accounted for
on an accrual basis and estimated in
accordance with generally accepted
accounting principles and related
standards and guidance, if the loans--
``(I) are bona fide as
evidenced by enforceable
promissory notes;
``(II) are issued at
intervals related to the
institution's enrollment
periods; and
``(III) are subject to
regular loan repayments and
collections;
``(ii) in the case of loans made by
a proprietary institution of higher
education on or after July 1, 2012,
only the amount of loan repayments
received during the applicable
institutional fiscal year, excluding
repayments on loans made and accounted
for as specified in clause (i); and
``(iii) in the case of scholarships
provided by a proprietary institution
of higher education, only those
scholarships 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 each
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) in the case of each student who
receives a loan on or after July 1, 2008, and
prior to July 1, 2011, that is authorized under
section 428H or that is a Federal Direct
Unsubsidized Stafford Loan, treat as revenue
received by the institution from sources other
than funds received under this title, the
amount by which the disbursement of such loan
received by the institution exceeds the limit
on such loan in effect on the day before the
date of enactment of the Ensuring Continued
Access to Student Loans Act of 2008; and
``(F) exclude from revenues--
``(i) the amount of funds the
institution received under part C,
unless the institution used those funds
to pay a student's institutional
charges;
``(ii) the amount of funds the
institution received under subpart 4 of
part A;
``(iii) the amount of funds
provided by the institution as matching
funds for a program under this title;
``(iv) the amount of funds provided
by the institution for a program under
this title that are required to be
refunded or returned; and
``(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) Ineligibility.--A proprietary
institution of higher education that fails to
meet a requirement of subsection (a)(24) for
two consecutive institutional fiscal years
shall be ineligible to participate in the
programs authorized by this title for a period
of not less than two institutional fiscal
years. To regain eligibility to participate in
the programs authorized by this title, a
proprietary institution of higher education
shall demonstrate compliance with all
eligibility and certification requirements
under section 498 for a minimum of two
institutional fiscal years after the
institutional fiscal year in which the
institution became ineligible.
``(B) Additional enforcement.--In addition
to such other means of enforcing the
requirements of this title as may be available
to the Secretary, if a proprietary institution
of higher education fails to meet a requirement
of subsection (a)(24) for any institutional
fiscal year, then the institution's eligibility
to participate in the programs authorized by
this title becomes provisional for the two
institutional fiscal years after the
institutional fiscal year in which the
institution failed to meet the requirement of
subsection (a)(24), except that such
provisional eligibility shall terminate--
``(i) on the expiration date of the
institution's program participation
agreement under this subsection that is
in effect on the date the Secretary
determines that the institution failed
to meet the requirement of subsection
(a)(24); or
``(ii) in the case that the
Secretary determines that the
institution failed to meet a
requirement of subsection (a)(24) for
two consecutive institutional fiscal
years, on the date the institution is
determined ineligible in accordance
with subparagraph (A).
``(3) Publication on college navigator website.--
The Secretary shall publicly disclose on the College
Navigator website--
``(A) the identity of any proprietary
institution of higher education that fails to
meet a requirement of subsection (a)(24); and
``(B) the extent to which the institution
failed to meet such requirement.
``(4) Report to congress.--Not later than July 1,
2009, and July 1 of each succeeding year, the Secretary
shall submit to the authorizing committees a report
that contains, for each proprietary institution of
higher education that receives assistance under this
title, as provided in the audited financial statements
submitted to the Secretary by each institution pursuant
to the requirements of subsection (a)(24)--
``(A) the amount and percentage of such
institution's revenues received from sources
under this title; and
``(B) the amount and percentage of such
institution's revenues received from other
sources.
``(e) Code of Conduct Requirements.--An institution of
higher education's code of conduct, as required under
subsection (a)(25), shall include the following requirements:
``(1) Ban on revenue-sharing arrangements.--
``(A) Prohibition.--The institution shall
not enter into any revenue-sharing arrangement
with any lender.
``(B) Definition.--For purposes of this
paragraph, the term `revenue-sharing
arrangement' means an arrangement between an
institution and a lender under which--
``(i) a lender provides or issues a
loan that is made, insured, or
guaranteed under this title to students
attending the institution or to the
families of such students; and
``(ii) the institution recommends
the lender or the loan products of the
lender and in exchange, the lender pays
a fee or provides other material
benefits, including revenue or profit
sharing, to the institution, an officer
or employee of the institution, or an
agent.
``(2) Gift ban.--
``(A) Prohibition.--No officer or employee
of the institution who is employed in the
financial aid office of the institution or who
otherwise has responsibilities with respect to
education loans, or agent who has
responsibilities with respect to education
loans, shall solicit or accept any gift from a
lender, guarantor, or servicer of education
loans.
``(B) Definition of gift.--
``(i) In general.--In this
paragraph, 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.
``(ii) Exceptions.--The term `gift'
shall not include any of 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.
``(II) Food, refreshments,
training, or informational
material furnished to an
officer or employee of an
institution, or to an agent, as
an integral part of a training
session that is designed to
improve the service of a
lender, guarantor, or servicer
of education loans to the
institution, if such training
contributes to the professional
development of the officer,
employee, or agent.
``(III) Favorable terms,
conditions, and borrower
benefits on an education loan
provided to a student employed
by the institution if such
terms, conditions, or benefits
are comparable to those
provided to all students of the
institution.
``(IV) Entrance and exit
counseling services provided to
borrowers to meet the
institution's responsibilities
for entrance and exit
counseling as required by
subsections (b) and (l) of
section 485, as long as--
``(aa) the
institution's staff are
in control of the
counseling, (whether in
person or via
electronic
capabilities); and
``(bb) such
counseling does not
promote the products or
services of any
specific lender.
``(V) Philanthropic
contributions to an institution
from a lender, servicer, or
guarantor of education loans
that are unrelated to education
loans or any contribution from
any lender, guarantor, or
servicer that is not made in
exchange for any advantage
related to education loans.
``(VI) State education
grants, scholarships, or
financial aid funds
administered by or on behalf of
a State.
``(iii) Rule for gifts to family
members.--For purposes of this
paragraph, a gift to a family member of
an officer or employee of an
institution, to a family member of an
agent, or 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.
``(3) Contracting arrangements prohibited.--
``(A) Prohibition.--An officer or employee
who is employed in the financial aid office of
the institution or who otherwise has
responsibilities with respect to education
loans, or an agent who has responsibilities
with respect to education loans, shall not
accept from any lender or affiliate of any
lender 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 relating to education loans.
``(B) Exceptions.--Nothing in this
subsection shall be construed as prohibiting--
``(i) an officer or employee of an
institution who is not employed in the
institution's financial aid office and
who does not otherwise have
responsibilities with respect to
education loans, or an agent who does
not have responsibilities with respect
to education loans, from performing
paid or unpaid service on a board of
directors of a lender, guarantor, or
servicer of education loans;
``(ii) an officer or employee of
the institution who is not employed in
the institution's financial aid office
but who has responsibility with respect
to education loans as a result of a
position held at the institution, or an
agent who has responsibility with
respect to education loans, from
performing paid or unpaid service on a
board of directors of a lender,
guarantor, or servicer of education
loans, if the institution has a written
conflict of interest policy that
clearly sets forth that officers,
employees, or agents must recuse
themselves from participating in any
decision of the board regarding
education loans at the institution; or
``(iii) an officer, employee, or
contractor of a lender, guarantor, or
servicer of education loans from
serving on a board of directors, or
serving as a trustee, of an
institution, if the institution has a
written conflict of interest policy
that the board member or trustee must
recuse themselves from any decision
regarding education loans at the
institution.
``(4) Interaction with borrowers.--The institution
shall not--
``(A) for any first-time borrower, assign,
through award packaging or other methods, the
borrower's loan to a particular lender; or
``(B) refuse to certify, or delay
certification of, any loan based on the
borrower's selection of a particular lender or
guaranty agency.
``(5) Prohibition on offers of funds for private
loans.--
``(A) Prohibition.--The institution shall
not request or accept from any lender any offer
of funds to be used for private education loans
(as defined in section 140 of the Truth in
Lending Act), including funds for an
opportunity pool loan, to students in exchange
for the institution providing concessions or
promises regarding providing the lender with--
``(i) a specified number of loans
made, insured, or guaranteed under this
title;
``(ii) a specified loan volume of
such loans; or
``(iii) a preferred lender
arrangement for such loans.
``(B) Definition of opportunity pool
loan.--In this paragraph, the term `opportunity
pool loan' means a private education loan made
by a lender to a student attending the
institution or the family member of such a
student that involves a payment, directly or
indirectly, by such institution of points,
premiums, additional interest, or financial
support to such lender for the purpose of such
lender extending credit to the student or the
family.
``(6) Ban on staffing assistance.--
``(A) Prohibition.--The institution shall
not request or accept from any lender any
assistance with call center staffing or
financial aid office staffing.
``(B) Certain assistance permitted.--
Nothing in paragraph (1) shall be construed to
prohibit the institution from requesting or
accepting assistance from a lender related to--
``(i) professional development
training for financial aid
administrators;
``(ii) 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
``(iii) staffing services on a
short-term, nonrecurring 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.
``(7) Advisory board compensation.--Any employee
who is employed in the financial aid office of the
institution, or who otherwise has responsibilities with
respect to education loans or other student financial
aid of the institution, and who serves on an advisory
board, commission, or group established by a lender,
guarantor, or group of lenders or guarantors, shall be
prohibited from receiving anything of value from the
lender, guarantor, or group of lenders or guarantors,
except that the employee may be reimbursed for
reasonable expenses incurred in serving on such
advisory board, commission, or group.
``(f) Institutional Requirements for Teach-Outs.--
``(1) In general.--In the event the Secretary
initiates the limitation, suspension, or termination of
the participation of an institution of higher education
in any program under this title under the authority of
subsection (c)(1)(F) or initiates an emergency action
under the authority of subsection (c)(1)(G) and its
prescribed regulations, the Secretary shall require
that institution to prepare a teach-out plan for
submission to the institution's accrediting agency or
association in compliance with section 496(c)(4), the
Secretary's regulations on teach-out plans, and the
standards of the institution's accrediting agency or
association.
``(2) Teach-out plan defined.--In this subsection,
the term `teach-out plan' means a written plan that
provides for the equitable treatment of students if an
institution of higher education ceases to operate
before all students have completed their program of
study, and may include, if required by the
institution's accrediting agency or association, an
agreement between institutions for such a teach-out
plan.
``(g) Inspector General Report on Gift Ban Violations.--The
Inspector General of the Department shall--
``(1) submit an annual report to the authorizing
committees identifying all violations of an
institution's code of conduct that the Inspector
General has substantiated during the preceding year
relating to the gift ban provisions described in
subsection (f)(2); and
``(2) make the report available to the public
through the Department's website.
``(h) Preferred Lender List Requirements.--
``(1) In general.--In compiling, maintaining, and
making available a preferred lender list as required
under subsection (a)(27), the institution will--
``(A) clearly and fully disclose on such
preferred lender list--
``(i) not less than the information
required to be disclosed under section
153(a)(2)(A);
``(ii) why the institution has
entered into a preferred lender
arrangement with each lender on the
preferred lender list, particularly
with respect to terms and conditions or
provisions favorable to the borrower;
and
``(iii) that the students attending
the institution, or the families of
such students, do not have to borrow
from a lender on the preferred lender
list;
``(B) ensure, through the use of the list
of lender affiliates provided by the Secretary
under paragraph (2), that--
``(i) there are not less than three
lenders of loans made under part B that
are not affiliates of each other
included on the preferred lender list
and, if the institution recommends,
promotes, or endorses private education
loans, there are not less than two
lenders of private education loans that
are not affiliates of each other
included on the preferred lender list;
and
``(ii) the preferred lender list
under this paragraph--
``(I) specifically
indicates, for each listed
lender, whether the lender is
or is not an affiliate of each
other lender on the preferred
lender list; and
``(II) if a lender is an
affiliate of another lender on
the preferred lender list,
describes the details of such
affiliation;
``(C) 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 best interests
of the borrowers, including--
``(i) payment of origination or
other fees on behalf of the borrower;
``(ii) highly competitive interest
rates, or other terms and conditions or
provisions of loans under this title or
private education loans;
``(iii) high-quality servicing for
such loans; or
``(iv) additional benefits beyond
the standard terms and conditions or
provisions for such loans;
``(D) exercise a duty of care and a duty of
loyalty to compile the preferred lender list
under this paragraph without prejudice and for
the sole benefit of the students attending the
institution, or the families of such students;
``(E) not deny or otherwise impede the
borrower's choice of a lender or cause
unnecessary delay in loan certification under
this title for those borrowers who choose a
lender that is not included on the preferred
lender list; and
``(F) comply with such other requirements
as the Secretary may prescribe by regulation.
``(2) Lender affiliates list.--
``(A) In general.--The Secretary shall
maintain and regularly update a list of lender
affiliates of all eligible lenders, and shall
provide such list to institutions for use in
carrying out paragraph (1)(B).
``(B) Use of most recent list.--An
institution shall use the most recent list of
lender affiliates provided by the Secretary
under subparagraph (A) in carrying out
paragraph (1)(B).''.
(d) Definitions.--Section 487(i) (as redesignated by
subsection (c)(1)) (20 U.S.C. 1087(i)) is further amended--
(1) by striking ``(i) Definition of Eligible
Institution.--For the purpose of this section, the''
and inserting the following:
``(i) Definitions.--For the purpose of this section:
``(1) Agent.--The term `agent' has the meaning
given the term in section 151.
``(2) Affiliate.--The term `affiliate' means a
person that controls, is controlled by, or is under
common control with another person. A person controls,
is controlled by, or is under common control with
another person if--
``(A) the person directly or indirectly, or
acting through one or more others, owns,
controls, or has the power to vote five percent
or more of any class of voting securities of
such other person;
``(B) the person controls, in any manner,
the election of a majority of the directors or
trustees of such other person; or
``(C) 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's education
loans.
``(3) Education loan.--The term `education loan'
has the meaning given the term in section 151.
``(4) Eligible institution.--The''; and
(2) by adding at the end the following new
paragraph:
``(5) Officer.--The term `officer' has the meaning
given the term in section 151.
``(6) Preferred lender arrangement.--The term
`preferred lender arrangement' has the meaning given
the term in section 151.''.
SEC. 494. 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) in paragraph (2), by striking the matter
preceding subparagraph (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. 494A. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended in the first
sentence--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking ``413D.'' and
inserting ``413D or 462 (or both); and''; and
(3) by adding at the end ``(3) transfer 25 percent
of the institution's allotment under section 413D to
the institution's allotment under section 442.''.
SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS.
Section 489(b)(1) (20 U.S.C. 1096(b)(1)) is amended by
striking ``offsetting the administrative costs of'' and
inserting ``administering''.
SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
(a) Amendments.--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 and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and
understanding of early intervention programs,
and to make recommendations that will result in
early awareness by low- and moderate-income
students and families--
``(i) of their eligibility for
assistance under this title; and
``(ii) to the extent practicable,
of their eligibility for other forms of
State and institutional need-based
student assistance;
``(E) to make recommendations that will
expand and improve partnerships among the
Federal Government, States, institutions of
higher education, and private entities to
increase the awareness and the total amount of
need-based student assistance available to low-
and moderate-income students; and
``(F) to collect information on Federal
regulations, and on the impact of Federal
regulations on student financial assistance and
on the cost of receiving a postsecondary
education, and to make recommendations to help
streamline the regulations for institutions of
higher education from all sectors.'';
(2) by striking subsection (c) and inserting the
following new subsection:
``(c) Membership.--(1) The Advisory Committee shall consist
of 11 members appointed as follows:
``(A) Four members shall be appointed by the
President pro tempore of the Senate, of whom two
members shall be appointed from recommendations by the
Majority Leader of the Senate, and two members shall be
appointed from recommendations by the Minority Leader
of the Senate.
``(B) Four members shall be appointed by the
Speaker of the House of Representatives, of whom two
members shall be appointed from recommendations by the
Majority Leader of the House of Representatives, and
two members shall be appointed from recommendations by
the Minority Leader of the House of Representatives.
``(C) Three members shall be appointed by the
Secretary, of whom at least one member shall be a
student.
``(2) Each member of the Advisory Committee, with the
exception of a student member, shall be appointed on the basis
of technical qualifications, professional experience, and
demonstrated knowledge in the fields of higher education,
student financial aid, financing post-secondary education, and
the operations and financing of student loan guarantee
agencies.
``(3) The appointment of a member under subparagraph (A) or
(B) of paragraph (1) shall be effective upon publication of
such appointment in the Congressional Record.'';
(3) 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 (11); and
(D) by inserting after paragraph (8) (as
amended by subparagraph (B)) the following:
``(9) provide an annual report to the authorizing
committees that provides analyses and policy
recommendations regarding--
``(A) the adequacy of need-based grant aid
for low- and moderate-income students; and
``(B) the postsecondary enrollment and
graduation rates of low- and moderate-income
students;
``(10) develop and maintain an information
clearinghouse to help institutions of higher education
understand the regulatory impact of the Federal
Government on institutions of higher education from all
sectors, in order to raise awareness of institutional
legal obligations and provide information to improve
compliance with, and to reduce the duplication and
inefficiency of, Federal regulations; and'';
(4) in subsection (e)--
(A) in the matter preceding subparagraph
(A) of paragraph (1), by striking ``3'' and
inserting ``4''; and
(B) in paragraph (2), by striking ``A
member of the Advisory Committee shall'' and
all that follows through ``on the Advisory
Committee.'' and inserting ``A member of the
Advisory Committee serving on the date of
enactment of the Higher Education Opportunity
Act shall be permitted to serve the duration of
the member's term, regardless of whether the
member was previously appointed to more than
one term.'';
(5) in subsection (j)--
(A) in paragraph (1)--
(i) by inserting ``and
simplifications'' after ``delivery
processes''; and
(ii) 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
(B) by striking paragraphs (4) and (5) and
inserting the following:
``(4) conduct a review and analysis of regulations
in accordance with subsection (l); and
``(5) conduct a study in accordance with subsection
(m).'';
(6) in subsection (k), by striking ``2004'' and
inserting ``2014''; and
(7) by adding at the end the following:
``(l) Review and Analysis of Regulations.--
``(1) Recommendations.--The Advisory Committee
shall make recommendations to the Secretary and the
authorizing committees for consideration of future
legislative action regarding redundant or outdated
regulations consistent with the Secretary's
requirements under section 498B.
``(2) Review and analysis of regulations.--
``(A) Review of current regulations.--To
meet the requirements of subsection (d)(10),
the Advisory Committee shall conduct a review
and analysis of the regulations issued by
Federal agencies that are in effect at the time
of the review and that apply to the operations
or activities of institutions of higher
education from all sectors. The review and
analysis may include a determination of whether
the regulation is duplicative, is no longer
necessary, is inconsistent with other Federal
requirements, or is overly burdensome. In
conducting the review, the Advisory Committee
shall pay specific attention to evaluating ways
in which regulations under this title affecting
institutions of higher education (other than
institutions described in section
102(a)(1)(C)), that have received in each of
the two most recent award years prior to the
date of enactment of Higher Education
Opportunity Act less than $200,000 in funds
through this title, may be improved,
streamlined, or eliminated.
``(B) Review and collection of future
regulations.--The Advisory Committee shall--
``(i) monitor all Federal
regulations, including notices of
proposed rulemaking, for their impact
or potential impact on higher
education; and
``(ii) provide a succinct
description of each regulation or
proposed regulation that is generally
relevant to institutions of higher
education from all sectors.
``(C) Maintenance of public website.--The
Advisory Committee shall develop and maintain
an easy to use, searchable, and regularly
updated website that--
``(i) provides information
collected in subparagraph (B);
``(ii) provides an area for the
experts and members of the public to
provide recommendations for ways in
which the regulations may be
streamlined; and
``(iii) publishes the study
conducted by the National Research
Council of the National Academy of
Sciences under section 1106 of the
Higher Education Opportunity Act.
``(3) Consultation.--
``(A) In general.--In carrying out the
review, analysis, and development of the
website required under paragraph (2), the
Advisory Committee shall consult with the
Secretary, other Federal agencies, relevant
representatives of institutions of higher
education, individuals who have expertise and
experience with Federal regulations, and the
review panels described in subparagraph (B).
``(B) Review panels.--The Advisory
Committee shall convene not less than two
review panels of representatives of the groups
involved in higher education, including
individuals involved in student financial
assistance programs under this title, who have
experience and expertise in the regulations
issued by the Federal Government that affect
all sectors of higher education, in order to
review the regulations and to provide
recommendations to the Advisory Committee with
respect to the review and analysis under
paragraph (2). The panels shall be made up of
experts in areas such as the operations of the
financial assistance programs, the
institutional eligibility requirements for the
financial assistance programs, regulations not
directly related to the operations or the
institutional eligibility requirements of the
financial assistance programs, and regulations
for dissemination of information to students
about the financial assistance programs.
``(4) Periodic updates to the authorizing
committees.--The Advisory Committee shall--
``(A) submit, not later than two years
after the completion of the negotiated
rulemaking process required under section 492
resulting from the amendments to this Act made
by the Higher Education Opportunity Act, a
report to the authorizing committees and the
Secretary detailing the review panels' findings
and recommendations with respect to the review
of regulations; and
``(B) provide periodic updates to the
authorizing committees regarding--
``(i) the impact of all Federal
regulations on all sectors of higher
education; and
``(ii) suggestions provided through
the website for streamlining or
eliminating duplicative regulations.
``(5) Additional support.--The Secretary and the
Inspector General of the Department shall provide such
assistance and resources to the Advisory Committee as
the Secretary and Inspector General determine are
necessary to conduct the review and analysis required
by this subsection.
``(m) Study of Innovative Pathways to Baccalaureate Degree
Attainment.--
``(1) Study required.--The Advisory Committee shall
conduct a study of the feasibility of increasing
baccalaureate degree attainment rates by reducing the
costs and financial barriers to attaining a
baccalaureate degree through innovative programs.
``(2) Scope of study.--The Advisory Committee shall
examine new and existing programs that promote
baccalaureate degree attainment through innovative
ways, such as dual or concurrent enrollment programs,
changes made to the Federal Pell Grant program,
simplification of the needs analysis process,
compressed or modular scheduling, articulation
agreements, and programs that allow two-year
institutions of higher education to offer baccalaureate
degrees.
``(3) Required aspects of the study.--In performing
the study described in this subsection, the Advisory
Committee shall examine the following aspects of such
innovative programs:
``(A) The impact of such programs on
baccalaureate attainment rates.
``(B) The degree to which a student's total
cost of attaining a baccalaureate degree can be
reduced by such programs.
``(C) The ways in which low- and moderate-
income students can be specifically targeted by
such programs.
``(D) The ways in which nontraditional
students can be specifically targeted by such
programs.
``(E) The cost-effectiveness for the
Federal Government, States, and institutions of
higher education to implement such programs.
``(4) Consultation.--
``(A) In general.--In performing the study
described in this subsection, the Advisory
Committee shall consult with a broad range of
interested parties in higher education,
including parents, students, appropriate
representatives of secondary schools and
institutions of higher education, appropriate
State administrators, administrators of dual or
concurrent enrollment programs, and appropriate
Department officials.
``(B) Consultation with the authorizing
committees.--The Advisory Committee shall
consult on a regular basis with the authorizing
committees in carrying out the study required
by this subsection.
``(5) Reports to authorizing committees.--
``(A) Interim report.--The Advisory
Committee shall prepare and submit to the
authorizing committees and the Secretary an
interim report, not later than one year after
the date of enactment of the Higher Education
Opportunity Act, describing the progress made
in conducting the study required by this
subsection and any preliminary findings on the
topics identified under paragraph (2).
``(B) Final report.--The Advisory Committee
shall, not later than three years after the
date of enactment of the Higher Education
Opportunity Act, prepare and submit to the
authorizing committees and the Secretary a
final report on the study, including
recommendations for legislative, regulatory,
and administrative changes based on findings
related to the topics identified under
paragraph (2).''.
(b) Conforming Amendments.--Subsections (a)(1), (b), and
(d)(6) of section 491 (20 U.S.C. 1098) are each amended by
striking ``Congress'' and inserting ``authorizing committees''.
SEC. 494D. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
(a) Regional Meetings.--Section 492(a) (20 U.S.C. 1098a(a))
is amended--
(1) in paragraph (1), by inserting ``State student
grant agencies,'' after ``institutions of higher
education,''; and
(2) in paragraph (2), by striking ``, as amended by
the Higher Education Amendments of 1998''.
(b) Negotiated Rulemaking.--Section 492(b)(1) (20 U.S.C.
1098a(b)(1)) is amended--
(1) in the first sentence, by striking ``as amended
by the Higher Education Amendments of 1998''; and
(2) in the third sentence--
(A) by striking ``To the extent possible,
the Secretary'' and inserting ``The
Secretary''; and
(B) by inserting ``with demonstrated
expertise or experience in the relevant
subjects under negotiation,'' after ``select
individuals''.
SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.
Section 493A (20 U.S.C. 1098c) is repealed.
SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by
striking ``or is already in default'' and inserting ``or had
been in default''.
PART H--PROGRAM INTEGRITY
SEC. 495. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 (20 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4) and inserting
the following:
``(4)(A) such agency or association consistently
applies and enforces standards that respect the stated
mission of the institution of higher education,
including religious missions, and that ensure that the
courses or programs of instruction, training, or study
offered by the institution of higher education,
including distance education or correspondence courses
or programs, are of sufficient quality to achieve, for
the duration of the accreditation period, the stated
objective for which the courses or the programs are
offered; and
``(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 or correspondence 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 or
correspondence education in the areas
identified in paragraph (5), except that--
``(I) the agency or association
shall not be required to have separate
standards, procedures, or policies for
the evaluation of distance education or
correspondence education institutions
or programs in order to meet the
requirements of this subparagraph; and
``(II) in the case that the agency
or association is recognized by the
Secretary, the agency or association
shall not be required to obtain the
approval of the Secretary to expand its
scope of accreditation to include
distance education or correspondence
education, provided that the agency or
association notifies the Secretary in
writing of the change in scope; and
``(ii) the agency or association requires
an institution that offers distance education
or correspondence education to have processes
through which the institution establishes that
the student who registers in a distance
education or correspondence education course or
program is the same student who participates in
and completes the program and receives the
academic credit;'';
(B) in paragraph (5), by amending
subparagraph (A) to read as follows:
``(A) success with respect to student
achievement in relation to 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;'';
(C) by striking paragraph (6) and inserting
the following:
``(6) such an 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--
``(A) for adequate written specification
of--
``(i) requirements, including clear
standards for an institution of higher
education or program to be accredited;
and
``(ii) identified deficiencies at
the institution or program examined;
``(B) for sufficient opportunity for a
written response, by an institution or program,
regarding any deficiencies identified by the
agency or association to be considered by the
agency or association--
``(i) within a timeframe determined
by the agency or association; and
``(ii) prior to final action in the
evaluation and withdrawal proceedings;
``(C) upon the written request of an
institution or program, for an opportunity for
the institution or program to appeal any
adverse action under this section, including
denial, withdrawal, suspension, or termination
of accreditation, taken against the institution
or program, prior to such action becoming final
at a hearing before an appeals panel that--
``(i) shall not include current
members of the agency's or
association's underlying decisionmaking
body that made the adverse decision;
and
``(ii) is subject to a conflict of
interest policy;
``(D) for the right to representation and
participation by counsel for an institution or
program during an appeal of the adverse action;
``(E) for a process, in accordance with
written procedures developed by the agency or
association, through which an institution or
program, before a final adverse action based
solely upon a failure to meet a standard or
criterion pertaining to finances, may on one
occasion seek review of significant financial
information that was unavailable to the
institution or program prior to the
determination of the adverse action, and that
bears materially on the financial deficiencies
identified by the agency or association;
``(F) in the case that the agency or
association determines that the new financial
information submitted by the institution or
program under subparagraph (E) meets the
criteria of significance and materiality
described in such subparagraph, for
consideration by the agency or association of
the new financial information prior to the
adverse action described in such subparagraph
becoming final; and
``(G) that any determination by the agency
or association made with respect to the new
financial information described in subparagraph
(E) shall not be separately appealable by the
institution or program.'';
(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);
(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 for
approval to the accrediting agency a teach-out plan
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(f);
``(B) the accrediting agency acts to
withdraw, terminate, or suspend the
accreditation of the institution; or
``(C) the institution notifies the
accrediting agency that the institution intends
to cease operations;'';
(D) by striking paragraph (7) (as
redesignated by subparagraph (B)) and inserting
the following:
``(7) makes available to the public and the State
licensing or authorizing agency, and submits 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 of an
institution, 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 or placement on
probation of an institution;'';
(E) in paragraph (8) (as redesignated by
subparagraph (B)), by striking the period and
inserting ``; and''; and
(F) by adding at the end the following:
``(9) confirms, as a part of the agency's 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.'';
(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.'';
(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 the standards of an accreditation
agency or association described in subsection
(a)(5).''; and
(5) by adding at the end the following new
subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5)
shall be construed to restrict the ability of--
``(1) an accrediting agency or association to set,
with the involvement of its members, and to apply,
accreditation standards for or 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 achievement may
be considered as part of any accreditation review.
``(q) Review of Scope Changes.--The Secretary shall require
a review, at the next available meeting of the National
Advisory Committee on Institutional Quality and Integrity, of
any change in scope undertaken by an agency or association
under subsection (a)(4)(B)(i)(II) if the enrollment of an
institution that offers distance education or correspondence
education that is accredited by such agency or association
increases by 50 percent or more within any one institutional
fiscal year.''.
SEC. 496. ELIGIBILITY AND CERTIFICATION PROCEDURES.
Section 498 (20 U.S.C. 1099c) is amended--
(1) in subsection (d)(1)(B), by inserting ``and''
after the semicolon; and
(2) by adding at the end the following:
``(k) Treatment of Teach-Outs at Additional Locations.--
``(1) In general.--A location of a closed
institution of higher education shall be eligible as an
additional location of an eligible institution of
higher education, as defined pursuant to regulations of
the Secretary, for the purposes of a teach-out
described in section 487(f), if such teach-out has been
approved by the institution's accrediting agency.
``(2) Special rule.--An institution of higher
education that conducts a teach-out through the
establishment of an additional location described in
paragraph (1) shall be permitted to establish a
permanent additional location at a closed institution
and shall not be required--
``(A) to meet the requirements of sections
102(b)(1)(E) and 102(c)(1)(C) for such
additional location; or
``(B) to assume the liabilities of the
closed institution.''.
SEC. 497. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5) by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) provide to an institution of higher education
an adequate opportunity to review and respond to any
program review report and relevant materials related to
the report before any final program review report is
issued;
``(7) review and take into consideration an
institution of higher education's response in any final
program review report or audit determination, and
include in the report or determination--
``(A) a written statement addressing the
institution of higher education's response;
``(B) a written statement of the basis for
such report or determination; and
``(C) 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 is issued, other than to
the extent required to comply with paragraph (5),
except that the Secretary shall promptly disclose any
and all program review reports to the institution of
higher education under review.''.
SEC. 498. REVIEW OF REGULATIONS.
Section 498B (20 U.S.C. 1099c-2) is amended by striking
subsection (d).
PART I--COMPETITIVE LOAN AUCTION PILOT PROGRAM
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.
SECTION 499 (20 U.S.C. 1099D) IS AMENDED--
(1) in subsection (b)(3)--
(A) in subparagraph (B)--
(i) in clause (i), by striking
``and'' after the semicolon;
(ii) in clause (ii), by striking
the period at the end of the sentence
and inserting ``; and''; and
(iii) by adding at the end the
following:
``(iii) a commitment from such
eligible lender that, if the lender has
a winning bid under subparagraph (F),
the lender will enter into the
agreement required under subparagraph
(G).'';
(B) by striking subparagraph (G) and
inserting the following:
``(G) Agreement with secretary;
compliance.--
``(i) Agreement.--Each eligible
lender having a winning bid under
subparagraph (F) shall enter into an
agreement with the Secretary under
which the eligible lender--
``(I) agrees to originate
eligible Federal PLUS Loans
under this paragraph to each
borrower who--
``(aa) seeks an
eligible Federal PLUS
Loan under this
paragraph to enable a
dependent student to
attend an institution
of higher education
within the State;
``(bb) is eligible
for an eligible Federal
PLUS Loan; and
``(cc) elects to
borrow from the
eligible lender; and
``(II) agrees to accept a
special allowance payment
(after the application of
section 438(b)(2)(I)(v)) from
the Secretary with respect to
the eligible Federal PLUS Loans
originated under subclause (I)
in the amount proposed in the
second lowest winning bid
described in subparagraph (F)
for the applicable State
auction.
``(ii) Compliance.--If an eligible
lender with a winning bid under
subparagraph (F) fails to enter into
the agreement required under clause
(i), or fails to comply with the terms
of such agreement, the Secretary may
sanction such eligible lender through
one or more of the following:
``(I) The assessment of a
penalty on such eligible lender
for any eligible Federal PLUS
Loans that such eligible lender
fails to originate under this
paragraph in accordance with
the agreement required under
clause (i), in the amount of
the additional costs (including
the amounts of any increase in
special allowance payments)
incurred by the Secretary in
obtaining another eligible
lender to originate such
eligible Federal PLUS Loans.
The Secretary shall collect
such penalty by--
``(aa) reducing the
amount of any payments
otherwise due to such
eligible lender from
the Secretary by the
amount of the penalty;
or
``(bb) requesting
any other Federal
agency to reduce the
amount of any payments
due to such eligible
lender from such agency
by the amount of the
penalty, in accordance
with section 3716 of
title 31, United States
Code.
``(II) A prohibition of
bidding by such lender in other
auctions under this section.
``(III) The limitation,
suspension, or termination of
such eligible lender's
participation in the loan
program under part B.
``(IV) Any other
enforcement action the
Secretary is authorized to take
under part B.''; and
(C) by striking subparagraph (J) and
inserting the following:
``(J) Guarantee against losses.--Each
eligible Federal PLUS Loan originated under
this paragraph shall be insured by a guaranty
agency in accordance with part B, except that,
notwithstanding section 428(b)(1)(G), such
insurance shall be in an amount equal to 99
percent of the unpaid principal and interest
due on the loan.''; and
(2) 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--
``(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 program 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; and
``(6) the feasibility of using the mechanism
piloted to operate the other loan programs under part B
of this title.
``(d) Reports.--
``(1) In general.--The Secretary and the Secretary
of the Treasury shall submit to the authorizing
committees--
``(A) not later than September 1, 2010, a
preliminary report regarding the findings of
the evaluation described in subsection (c);
``(B) not later than September 1, 2012, an
interim report regarding such findings; and
``(C) not later than September 1, 2013, a
final report regarding such findings.
``(2) Contents.--The Secretary shall include, in
each report required under subparagraphs (A), (B), and
(C) of paragraph (1), any recommendations, that are
based on the findings of the evaluation under
subsection (c), for--
``(A) improving the operation and
administration of the auction; and
``(B) improving the operation and
administration of other loan programs under
part B.''.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. AUTHORIZED ACTIVITIES.
Section 503(b) (20 U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9),
(10), (11), (12), (13), and (14), as paragraphs (7),
(8), (9), (10), (11), (12), (13), (14), and (16),
respectively;
(2) in paragraph (5), by inserting ``, including
innovative and customized instruction courses (which
may include remedial education and English language
instruction) designed to help retain students and move
the students rapidly into core courses and through
program completion'' before the period at the end;
(3) by inserting after paragraph (5) the following:
``(6) Articulation agreements and student support
programs designed to facilitate the transfer from two-
year to four-year institutions.'';
(4) by inserting after paragraph (14) (as
redesignated by paragraph (1)) the following:
``(15) Providing education, counseling services, or
financial information designed to improve the financial
literacy and economic literacy of students or the
students' families, especially with regard to student
indebtedness and student assistance programs under
title IV.''; and
(5) in paragraph (11) (as redesignated by paragraph
(1)), by striking ``distance learning academic
instruction capabilities'' and inserting ``distance
education technologies''.
SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Amendments.--Title V (20 U.S.C. 1101 et seq.) 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 the following:
``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 of higher education 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 grants, on a competitive basis, to eligible institutions
to enable the eligible institutions to carry out the authorized
activities described in section 513.
``(b) Eligibility.--For the purposes of this part, an
`eligible institution' means an institution of higher education
that--
``(1) is a Hispanic-serving institution (as defined
in section 502); and
``(2) offers a postbaccalaureate certificate or
postbaccalaureate 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 low-income 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
postbaccalaureate 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 education technologies, including
purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of
higher education to expand postbaccalaureate
certificate and postbaccalaureate 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 the Secretary may
require. Such application shall demonstrate how the grant funds
will be used to improve postbaccalaureate education
opportunities for Hispanic and low-income students.
``(b) Duration.--Grants under this part shall be awarded
for a period not to exceed five years.
``(c) Limitation.--The Secretary may not award more than
one grant under this part in any fiscal year to any Hispanic-
serving institution.''.
(b) Conforming Amendments.--Title V (20 U.S.C. 1101 et
seq.) is amended--
(1) in section 502--
(A) in subsection (a)(2)(A)(ii), by
striking ``section 512(b)'' and inserting
``section 522(b)''; and
(B) in subsection (b)(2), by striking
``section 512(a)'' and inserting ``section
522(a)'';
(2) in section 521(c)(6) (as redesignated by
subsection (a)(2)), by striking ``section 516'' and
inserting ``section 526''; and
(3) in section 526 (as redesignated by subsection
(a)(2)), by striking ``section 518'' and inserting
``section 528''.
SEC. 503. APPLICATIONS.
Section 521(b)(1)(A) (as redesignated by section 502(a)(2))
(20 U.S.C. 1103(b)(1)(A)) is amended by striking ``subsection
(b)'' and inserting ``subsection (c)''.
SEC. 504. COOPERATIVE ARRANGEMENTS.
Section 524(a) (as redesignated by section 502(a)(2)) (20
U.S.C. 1103c(a)) is amended by striking ``section 503'' and
inserting ``sections 503 and 513''.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Section 528(a) (as redesignated by section 502(a)(2)) (20
U.S.C. 1103g(a)) is amended to read as follows:
``(a) Authorizations.--
``(1) Parts a and c.--There are authorized to be
appropriated to carry out parts A and C $175,000,000
for fiscal year 2009 and such sums as may be necessary
for each of the five succeeding fiscal years.
``(2) Part b.--There are authorized to be
appropriated to carry out part B $100,000,000 for
fiscal year 2009 and such sums as may be necessary for
each of the five succeeding fiscal years.''.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY.
Section 601 (20 U.S.C. 1121) is amended--
(1) in the section heading, by striking ``AND
PURPOSES'' and inserting ``; PURPOSES; CONSULTATION;
SURVEY'';
(2) in subsection (a)(3), by striking ``post-Cold
War'';
(3) in subsection (b)(1)(D), by inserting ``,
including through linkages with overseas institutions''
before the semicolon; and
(4) by adding at the end the following:
``(c) Consultation.--
``(1) In general.--The Secretary shall, prior to
requesting applications for funding under this title
during each grant cycle, consult with and receive
recommendations regarding national need for expertise
in foreign languages and world regions from the head
officials of a wide range of Federal agencies.
``(2) Considering recommendations; providing
information.--The Secretary--
``(A) may take into account the
recommendations described in paragraph (1); and
``(B) shall--
``(i) provide information collected
under paragraph (1) when requesting
applications for funding under this
title; and
``(ii) make available to applicants
a list of areas identified as areas of
national need.
``(d) Survey.--The Secretary shall assist grantees in
developing a survey to administer to students who have
completed programs under this title to determine postgraduate
employment, education, or training. All grantees, where
applicable, shall administer such survey once every two years
and report survey results to the Secretary.''.
SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)--
(A) 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.'';
(B) in paragraph (2)--
(i) by striking ``and'' at the end
of subparagraph (G);
(ii) by striking the period at the
end of subparagraph (H) and inserting a
semicolon; and
(iii) by inserting after
subparagraph (H) the following new
subparagraphs:
``(I) supporting instructors of the less
commonly taught languages; and
``(J) projects that support students in the
science, technology, engineering, and
mathematics fields to achieve foreign language
proficiency.''; and
(C) in paragraph (4)--
(i) in subparagraph (C)--
(I) by striking ``Programs
of linkage or outreach'' and
inserting ``Partnerships or
programs of linkage and
outreach''; and
(II) by inserting ``,
including Federal or State
scholarship programs for
students in related areas''
before the period at the end;
(ii) 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)'';
(iii) by redesignating
subparagraphs (C) through (E) (as so
amended) as subparagraphs (D) through
(F), respectively; and
(iv) by inserting after
subparagraph (B) the following:
``(C) Programs of linkage or outreach
between or among--
``(i) postsecondary programs or
departments in foreign language, area
studies, or other international fields;
and
``(ii) State educational agencies
or local educational agencies.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Graduate''; and
(B) by striking paragraph (2) and inserting
the following:
``(2) Eligible students.--A student receiving a
stipend described in paragraph (1) shall be engaged--
``(A) 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; and
``(B)(i) in the case of an undergraduate
student, in the intermediate or advanced study
of a less commonly taught language; or
``(ii) in the case of a graduate student,
in graduate study in connection with a program
described in subparagraph (A), including--
``(I) predissertation level study;
``(II) preparation for dissertation
research;
``(III) dissertation research
abroad; or
``(IV) dissertation writing.''; and
(3) by striking subsection (d) and inserting the
following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded
to a graduate level recipient may include allowances
for dependents and for travel for research and study in
the United States and abroad.
``(2) Undergraduate level recipients.--A stipend
awarded to an undergraduate level recipient may include
an allowance for educational programs in the United
States or educational programs abroad that--
``(A) are closely linked to the overall
goals of the recipient's course of study; and
``(B) have the purpose of promoting foreign
language fluency and knowledge of foreign
cultures.
``(e) Application.--Each institution of higher education or
consortium of such institutions desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information and
assurances as the Secretary may require. Each such application
shall include--
``(1) an explanation of how the activities funded
by the grant will reflect diverse perspectives and a
wide range of views and generate debate on world
regions and international affairs; and
``(2) a description of how the applicant will
encourage government service in areas of national need,
as identified by the Secretary, as well as in areas of
need in the education, business, and nonprofit
sectors.''.
SEC. 603. 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''.
SEC. 604. 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), by amending clause
(ii) to read as follows:
``(ii) pre-service teacher training
and in-service teacher professional
development;'';
(B) by redesignating subparagraphs (I)
through (M) as subparagraphs (J) through (N),
respectively; and
(C) by inserting after subparagraph (H) the
following new subparagraph:
``(I) the provision of grants for
educational programs abroad that--
``(i) are closely linked to the
program's overall goals; and
``(ii) have the purpose of
promoting foreign language fluency and
knowledge of world regions;'';
(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)(7)--
(A) in subparagraph (C), by striking
``and'' after the semicolon;
(B) in subparagraph (D), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(E) a description of how the applicant
will provide information to students regarding
federally funded scholarship programs in
related areas;
``(F) an explanation of how the activities
funded by the grant will reflect diverse
perspectives and a wide range of views and
generate debate on world regions and
international affairs, where applicable; and
``(G) a description of how the applicant
will encourage service in areas of national
need, as identified by the Secretary.''; and
(6) in subsection (c)--
(A) by striking ``(c) Funding Support.--The
Secretary'' and inserting the following:
``(c) Funding Support.--
``(1) In general.--The Secretary'';
(B) by striking ``10'' and inserting
``20''; and
(C) by adding at the end the following:
``(2) Grantees.--Of the total amount of grant funds
awarded to a grantee under this section, the grantee
may use not more than ten percent of such funds for the
activity described in subsection (a)(2)(I).''.
SEC. 605. RESEARCH; STUDIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) evaluation of the extent to which programs
assisted under this title reflect diverse perspectives
and a wide range of views and generate debate on world
regions and international affairs, as described in the
grantee's application;
``(11) the systematic collection, analysis, and
dissemination of data that contribute to achieving the
purposes of this part; and
``(12) support for programs or activities to make
data collected, analyzed, or disseminated under this
section publicly available and easy to understand.''.
SEC. 606. 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 and
other such institutions, libraries, or
nonprofit educational organizations'';
(B) by striking ``new electronic
technologies'' and inserting ``electronic
technologies'';
(C) by inserting ``from foreign sources''
after ``disseminate information'';
(D) by striking ``(a) Authority.-- The
Secretary'' and inserting the following:
``(a) Authority.--
``(1) In general.--The Secretary''; and
(E) by adding at the end the following:
``(2) Grant recipients.--The Secretary may award
grants under this section to carry out the activities
authorized under this section to the following:
``(A) An institution of higher education.
``(B) A public or nonprofit private
library.
``(C) A partnership of an institution of
higher education and one or more of the
following:
``(i) Another institution of higher
education.
``(ii) A library.
``(iii) A nonprofit educational
organization.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``to
facilitate access to'' and inserting ``to
acquire, facilitate access to,'';
(B) in paragraph (3), by inserting ``or
standards for'' after ``means of'';
(C) in paragraph (6), by striking ``and''
after the semicolon;
(D) in paragraph (7), by striking the
period and inserting a semicolon; and
(E) by adding at the end the following:
``(8) to establish linkages to facilitate carrying
out the activities described in this subsection
between--
``(A) the institutions of higher education,
libraries, and partnerships receiving grants
under this section; and
``(B) institutions of higher education,
nonprofit educational organizations, and
libraries overseas; and
``(9) to carry out other activities that the
Secretary determines are consistent with the purpose of
the grants awarded under this section.''; and
(3) in subsection (c), by striking ``institution or
consortium'' and inserting ``institution of higher
education, library, or partnership''.
SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS.
Section 607 (20 U.S.C. 1127) is amended--
(1) in subsection (a), by striking ``evaluates the
applications for comprehensive and undergraduate
language and area centers and programs.'' and inserting
``evaluates--
``(1) the applications for comprehensive foreign
language and area or international studies centers and
programs; and
``(2) the applications for undergraduate foreign
language and area or international studies centers and
programs.''; and
(2) in subsection (b), by adding at the end the
following: ``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, and generate information for and disseminate
information to the public. The Secretary shall also
consider an applicant's record of placing students into
postgraduate employment, education, or training in
areas of national need and an applicant's stated
efforts to increase the number of such students that go
into such placements.''.
SEC. 608. AMERICAN OVERSEAS RESEARCH CENTERS.
Section 609 (20 U.S.C. 1128a) is amended by adding at the
end the following:
``(e) Application.--Each center desiring to receive a grant
or contract under this section shall submit an application to
the Secretary at such time, in such manner, and accompanied by
such information and assurances as the Secretary may
require.''.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES.
Section 610 (20 U.S.C. 1128b) is amended--
(1) by striking ``$80,000,000'' and inserting
``such sums as may be necessary'';
(2) by striking ``1999'' and inserting ``2009'';
and
(3) by striking ``4'' and inserting ``five''.
SEC. 610. CONFORMING AMENDMENTS.
(a) 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''.
(b) Section 612 (20 U.S.C. 1130-1) is further amended by
striking ``combination'' each place it appears and inserting
``consortium''.
SEC. 611. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section
612 (20 U.S.C. 1130-1) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as
redesignated by subparagraph (A)) the
following:
``(1) Purpose.--The purpose of this section is to
coordinate the programs of the Federal Government in
the areas of research, education, and training in
international business and trade competitiveness.'';
(2) in subsection (c)(2)--
(A) in subparagraph (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'';
(B) by striking ``and'' at the end of
subparagraph (E);
(C) by redesignating subparagraph (F) as
subparagraph (G); and
(D) by inserting the following new
subparagraph after subparagraph (E):
``(F) programs encouraging the advancement
and understanding of technology-related
disciplines, including manufacturing software
systems and technology management; and''; and
(3) in subsection (f)(3), by inserting ``, and that
diverse perspectives will be made available to students
in programs under this section'' before the semicolon.
(b) Education and Training Programs.--Section 613(c) (20
U.S.C. 1130a(c)) is amended by adding at the end the following:
``Each such application shall include an assurance that, where
applicable, the activities funded by the grant will reflect
diverse perspectives and a wide range of views on world regions
and international affairs.''.
(c) Authorization of Appropriations.--Section 614 (20
U.S.C. 1130b) is amended--
(1) in subsection (a)--
(A) by striking ``$11,000,000'' and
inserting ``such sums as may be necessary'';
(B) by striking ``1999'' and inserting
``2009''; and
(C) by striking ``4'' and inserting
``five''; and
(2) in subsection (b)--
(A) by striking ``$7,000,000'' and
inserting ``such sums as may be necessary'';
(B) by striking ``1999'' and inserting
``2009''; and
(C) by striking ``4'' and inserting
``five''.
SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT PROGRAM.
Section 621 (20 U.S.C. 1131) is amended--
(1) in subsection (a), by striking the second
sentence 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 and the foreign service of the
United States.'';
(2) in subsection (b)(1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (A) the
following:
``(B) A tribally controlled college or
university or Alaska Native or Native Hawaiian-
serving institution eligible for assistance
under part A or B of title III, or an
institution eligible for assistance under title
V.
``(C) An institution of higher education
that serves substantial numbers of
underrepresented minority students.''; and
(3) in subsection (c)--
(A) by striking ``(c) Application.--Each''
and inserting the following:
``(c) Application.--
``(1) In general.--Each''; and
(B) by adding at the end the following:
``(2) Content of application.--Each application
submitted under paragraph (1) shall include a
description of how the activities funded by the grant
will reflect diverse perspectives and a wide range of
views and generate debate on world regions and
international affairs, where applicable.''.
SEC. 613. INSTITUTIONAL DEVELOPMENT.
Section 622 (20 U.S.C. 1131-1) is amended--
(1) in subsection (a)--
(A) by striking ``Tribally Controlled
Colleges or Universities'' and inserting
``tribally controlled colleges or
universities''; and
(B) by striking ``international affairs
programs.'' and inserting ``international
affairs, international business, and foreign
language study programs, including the teaching
of foreign languages, at such colleges,
universities, and institutions, respectively,
which may include collaboration with
institutions of higher education that receive
funding under this title''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4)
as paragraphs (1) and (2), respectively; and
(C) in paragraph (1) (as redesignated by
subparagraph (B)), by inserting ``and'' after
the semicolon.
SEC. 614. STUDY ABROAD PROGRAM.
Section 623(a) (20 U.S.C. 1131a(a)) is amended--
(1) by striking ``as defined in section 322 of this
Act''; and
(2) by striking ``tribally controlled Indian
community colleges as defined in the Tribally
Controlled Community College Assistance Act of 1978''
and inserting ``tribally controlled colleges or
universities, Alaska Native-serving, Native Hawaiian-
serving, and Hispanic-serving institutions''.
SEC. 615. 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''.
SEC. 616. INTERNSHIPS.
Section 625 (20 U.S.C. 1131c) is amended--
(1) in subsection (a)--
(A) by striking ``as defined in section 322
of this Act'';
(B) by striking ``tribally controlled
Indian community colleges as defined in the
Tribally Controlled Community College
Assistance Act of 1978'' and inserting
``tribally controlled colleges or universities,
Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions'';
(C) by striking ``an international'' and
inserting ``international,''; and
(D) by striking ``the United States
Information Agency'' and inserting ``the
Department of State'';
(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) in subsection (c)(1)--
(A) in subparagraph (E), by inserting
``and'' after the semicolon;
(B) in subparagraph (F), by striking ``;
and'' and inserting a period; and
(C) by striking subparagraph (G).
SEC. 617. FINANCIAL ASSISTANCE.
Part C of title VI (20 U.S.C. 1131 et seq.) is further
amended--
(1) by redesignating sections 626, 627, and 628 as
sections 627, 628, and 629, respectively; and
(2) by inserting after section 625 the following:
``SEC. 626. FINANCIAL ASSISTANCE.
``(a) Authority.--The Institute may provide financial
assistance, in the form of summer stipends described in
subsection (b) and Ralph Bunche scholarship assistance
described in subsection (c), to low-income students to
facilitate the participation of the students in the Institute's
programs under this part.
``(b) Summer Stipends.--
``(1) Requirements.--A student receiving a summer
stipend under this section shall use such stipend to
defray the student's cost of participation in a summer
institute program funded under this part, including the
costs of travel, living, and educational expenses
necessary for the student's participation in such
program.
``(2) Amount.--A summer stipend awarded to a
student under this section shall not exceed $3,000 per
summer.
``(c) Ralph Bunche Scholarship.--
``(1) Requirements.--A student receiving a Ralph
Bunche scholarship under this section--
``(A) shall be a full-time student at an
institution of higher education who is accepted
into a program funded under this part; and
``(B) shall use such scholarship to pay
costs related to the cost of attendance, as
defined in section 472, at the institution of
higher education in which the student is
enrolled.
``(2) Amount and duration.--A Ralph Bunche
scholarship awarded to a student under this section
shall not exceed $5,000 per academic year.''.
SEC. 618. REPORT.
Section 627 (as redesignated by section 617(1)) (20 U.S.C.
1131d) is amended by striking ``annually prepare a report'' and
inserting ``prepare a report once every two years''.
SEC. 619. GIFTS AND DONATIONS.
Section 628 (as redesignated by section 617(1)) (20 U.S.C.
1131e) is amended by striking ``annual report described in
section 626'' and inserting ``report described in section
627''.
SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE FOR
INTERNATIONAL PUBLIC POLICY.
Section 629 (as redesignated by section 617(1)) (20 U.S.C.
1131f) is amended--
(1) by striking ``$10,000,000'' and inserting
``such sums as may be necessary'';
(2) by striking ``1999'' and inserting ``2009'';
and
(3) by striking ``4 succeeding'' and inserting
``five succeeding''.
SEC. 621. DEFINITIONS.
Section 631 (20 U.S.C. 1132) is amended--
(1) by striking paragraph (7);
(2) by redesignating paragraphs (2), (3), (4), (5),
(6), (8), and (9), as paragraphs (7), (4), (8), (2),
(10), (6), and (3), respectively;
(3) in paragraph (2), as redesignated by paragraph
(2), by striking ``comprehensive language and area
center'' and inserting ``comprehensive foreign language
and area or international studies center'';
(4) in paragraph (3), as redesignated by paragraph
(2), by striking the period at the end and inserting a
semicolon;
(5) by inserting after paragraph (4), as
redesignated by paragraph (2), the following:
``(5) the term `historically Black college and
university' has the meaning given the term `part B
institution' in section 322;'';
(6) in paragraph (6), as redesignated by paragraph
(2), by striking ``and'' after the semicolon;
(7) by inserting after paragraph (8), as
redesignated by paragraph (2), the following:
``(9) the term `tribally controlled college or
university' has the meaning given the term in section 2
of the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801); and''; and
(8) in paragraph (10), as redesignated by paragraph
(2)--
(A) by striking ``undergraduate language
and area center'' and inserting ``undergraduate
foreign language and area or international
studies center''; and
(B) by striking the semicolon and inserting
a period.
SEC. 622. NEW PROVISIONS.
Part D of title VI (20 U.S.C. 1132) is amended by adding at
the end the following:
``SEC. 632. SPECIAL RULE.
``The Secretary may waive or reduce the non-Federal share
required under this title 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.''.
``SEC. 633. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to authorize the
Secretary to mandate, direct, or control an institution of
higher education's specific instructional content, curriculum,
or program of instruction.
``SEC. 634. ASSESSMENT.
``The Secretary is authorized to assess and ensure
compliance with all the conditions and terms of grants provided
under this title.
``SEC. 635. EVALUATION, OUTREACH, AND INFORMATION.
``The Secretary may use not more than one percent of the
funds made available under this title to carry out program
evaluation, national outreach, and information dissemination
activities relating to the programs authorized under this
title.
``SEC. 636. REPORT.
``The Secretary shall, in consultation and collaboration
with the Secretary of State, the Secretary of Defense, and the
heads of other relevant Federal agencies, submit a report once
every two years that identifies areas of national need in
foreign language, area, and international studies as such
studies relate to government, education, business, and
nonprofit needs, and a plan to address those needs. The report
shall be provided to the authorizing committees and made
available to the public.
``SEC. 637. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION
GRANT PROGRAM.
``(a) Purpose.--It is the purpose of this section to
support programs in institutions of higher education that--
``(1) encourage students to develop--
``(A) an understanding of science and
technology; and
``(B) foreign language proficiency;
``(2) foster future international scientific
collaboration;
``(3) provide for professional development
opportunities for elementary school and secondary
school teachers of critical foreign languages to
increase the number of highly qualified teachers in
critical foreign languages; and
``(4) increase 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) 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, which may include the preparation of teachers to
teach foreign languages.
``(c) Regulations and Requirements.--The Secretary shall
promulgate regulations for the awarding of grants under
subsection (b). Such regulations may 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 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;
``(3) other programs, such as summer workshops,
that emphasize the intense study of a foreign language
and science technology;
``(4) if applicable, recruiting highly qualified
teachers in critical foreign languages, and providing
professional development activities for such teachers
at the elementary school and secondary school levels;
and
``(5) providing innovative opportunities for
students that will allow for critical language
learning, such as immersion environments, intensive
study opportunities, internships, and distance
learning.
``(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) Report on Best Practices.--Not later than 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 of
higher education that receive funding under title III
or title V in increasing the critical foreign language
education efforts in the United States; and
``(2) submit a report on the results of such study
to the authorizing committees.
``(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. 638. 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 the contribution (including
cash and the fair market value of any property)
received from any foreign government or from a foreign
private sector corporation or foundation during any
fiscal year exceeds $250,000 in the aggregate; and
``(2) the aggregate contribution, or a significant
part of the aggregate contribution, is to be used by a
center or program receiving funds under this title.
``(b) Data Required.--The Secretary shall require an
institution of higher education referred to in subsection (a)
to report information listed in subsection (a) to the Secretary
consistent with the requirements of section 117.''.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SEC. 701. PURPOSE.
Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended
by inserting ``, including those areas critical to United
States national and homeland security needs, such as science,
technology, engineering, and mathematics'' before the
semicolon.
SEC. 702. JACOB K. JAVITS FELLOWSHIP PROGRAM.
(a) 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 for not more than 12 months (in any other case),
but without payment of the stipend.''.
(b) Allocation of Fellowships.--Section 702(a)(1) (20
U.S.C. 1134a(a)(1)) is amended to read as follows:
``(1) Appointment.--
``(A) In general.--The Secretary shall
appoint a Jacob K. Javits Fellows Program
Fellowship Board (referred to in this subpart
as the `Board') consisting of 9 individuals
representative of both public and private
institutions of higher education who are
especially qualified to serve on the Board.
``(B) Qualifications.--In making
appointments under subparagraph (A), the
Secretary shall--
``(i) give due consideration to the
appointment of individuals who are
highly respected in the academic
community;
``(ii) appoint members who
represent the various geographic
regions of the United States;
``(iii) ensure that individuals
appointed to the Board are broadly
representative of a range of
disciplines in graduate education in
arts, humanities, and social sciences;
and
``(iv) ensure that such individuals
include representatives from
institutions that are eligible for one
or more of the grants under title III
or V.''.
(c) Stipends.--
(1) Section 703 (20 U.S.C. 1134b) is amended--
(A) in subsection (a)--
(i) by striking ``1999-2000'' and
inserting ``2009-2010''; and
(ii) by striking ``Foundation
graduate fellowships'' and inserting
``Foundation Graduate Research
Fellowship Program for such academic
year''; and
(B) in subsection (b), by striking
paragraph (1)(A) and inserting the following:
``(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
the previous calendar year.''.
(d) Authorization of Appropriations.--Section 705 (20
U.S.C. 1134d) is amended by striking ``fiscal year 1999'' and
all that follows through the period at the end and inserting
``fiscal year 2009 and each of the five succeeding fiscal years
to carry out this subpart.''.
SEC. 703. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Institutional Eligibility.--Section 712 (20 U.S.C.
1135a) is amended by striking subsection (b) and inserting the
following:
``(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;
and
``(4) an assessment of current (as of the time of
the designation) and future professional workforce
needs of the United States.''.
(b) Awards to Graduate Students.--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 for such academic year''.
(c) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-
2010''; and
(2) by striking ``1998-1999'' and inserting ``2008-
2009''.
(d) Authorization of Appropriations.--Section 716 (20
U.S.C. 1135e) is amended by striking ``fiscal year 1999'' and
all that follows through the period at the end and inserting
``fiscal year 2009 and each of the five succeeding fiscal years
to carry out this subpart.''.
(e) Technical Amendments.--Subpart 2 of part A of title VII
(as amended by this section) (20 U.S.C. 113 et seq.) is further
amended--
(1) in section 711(a)(1) (20 U.S.C. 1135(a)(1)), by
inserting ``, including a master's or doctoral
degree,'' after ``leading to a graduate degree'';
(2) in section 712(a) (20 U.S.C. 1135a(a)), by
inserting ``, including a master's or doctoral
degree,'' after ``leading to a graduate degree'';
(3) in section 713(b)(5)(C) (20 U.S.C.
1135b(b)(5)(C)), by inserting ``at the institution''
before the semicolon; and
(4) in section 714(c) (20 U.S.C. 1135c(c))--
(A) by striking ``716(a)'' and inserting
``715(a)''; and
(B) by striking ``714(b)(2)'' and inserting
``713(b)(2)''.
SEC. 704. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Program Authority.--
(1) Section 721(a) (20 U.S.C. 1136(a)) is amended--
(A) by inserting ``secondary school and''
after ``disadvantaged''; and
(B) by inserting ``and admission to law
practice'' before the period at the end.
(b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is
amended in the matter preceding paragraph (1), by inserting
``secondary school student or'' before ``college student''.
(c) Contract and Grant Purposes.--Section 721(c) (20
U.S.C. 1136(c)) is amended--
(1) in paragraph (1), by inserting ``secondary
school and'' before ``college students'';
(2) by striking paragraph (2) and inserting the
following:
``(2) to prepare such students for successful
completion of a baccalaureate degree and for study at
accredited law schools, and to assist them with the
development of analytical skills, writing skills, and
study methods to enhance the students' success in, and
promote the students' admission to and completion of,
law school;'';
(3) in paragraph (4), by striking ``and'' after the
semicolon; and
(4) by striking paragraph (5) and inserting the
following:
``(5) to motivate and prepare such students--
``(A) with respect to law school studies
and practice in low-income communities; and
``(B) to provide legal services to low-
income individuals and families; and
``(6) to award Thurgood Marshall Fellowships to
eligible law school students--
``(A) who participated in summer institutes
under subsection (d)(6) and who are enrolled in
an accredited law school; or
``(B) who have successfully completed a
comparable summer institute program that is
certified by the Council on Legal Education
Opportunity.''.
(d) Services Provided.--Section 721(d) (20 U.S.C. 1136(d))
is amended--
(1) in the matter preceding paragraph (1), by
inserting ``pre-college programs, undergraduate''
before ``pre-law'';
(2) in paragraph (1)--
(A) in subparagraph (B), by inserting ``law
school'' before ``graduation''; and
(B) by striking subparagraph (D) and
inserting the following:
``(D) pre-college and undergraduate
preparatory courses in analytical and writing
skills, study methods, and course selection;'';
(3) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(4) by inserting after paragraph (1) the following:
``(2) summer academic programs for secondary school
students who have expressed interest in a career in the
law;''; and
(5) in paragraph (7) (as redesignated by paragraph
(3)), by inserting ``and Associates'' after ``Thurgood
Marshall Fellows''.
(e) Duration.--Section 721(e)(1) (20 U.S.C. 1136(e)(1)) is
amended by inserting ``, including before and during
undergraduate study'' before the semicolon.
(f) Subcontracts and Subgrants.--Section 721(f) (20 U.S.C.
1136(f)) is amended--
(1) by inserting ``national and State bar
associations,'' after ``agencies and organizations,'';
and
(2) by striking ``and organizations.'' and
inserting ``organizations, and associations.''.
(g) Stipends.--Section 721(g) (20 U.S.C. 1136(g)) is
amended to read as follows:
``(g) Fellowships and Stipends.--The Secretary shall
annually establish the maximum fellowship to be awarded, and
the maximum stipend to be paid (including allowances for
participant travel and for the travel of the dependents of the
participant), to Thurgood Marshall Fellows or Associates for
the period of participation in summer institutes, midyear
seminars, and bar preparation seminars. A Thurgood Marshall
Fellow or Associate may be eligible for such a fellowship or
stipend only if the Fellow or Associate maintains satisfactory
academic progress toward the Juris Doctor or Bachelor of Laws
degree, as determined by the respective institutions (except
with respect to a law school graduate enrolled in a bar
preparation course).''.
(h) Authorization of Appropriations.--Section 721(h) (20
U.S.C. 1136(h)) is amended by striking ``fiscal year 1999'' and
all that follows through the period at the end and inserting
``fiscal year 2009 and each of the five succeeding fiscal
years.''.
(i) Repeal of Continuation Awards.--Subsection (e) of
section 731 (20 U.S.C. 1137(e)) is repealed.
SEC. 705. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) addressing the under-representation of women
and minorities in the higher education professoriate
will require consistent inter-institutional
cooperation, data gathering, analysis, and self-
evaluation; and
(2) institutions eligible for funds under part A of
title VII of the Higher Education Act of 1965 (20
U.S.C. 1134 et seq.) should be encouraged to consider
the feasibility and potential design of an inter-
institution monitoring organization addressing under-
representation by race, ethnicity, and gender in
postsecondary faculty and administrators.
SEC. 706. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND PREDOMINANTLY BLACK INSTITUTIONS.
(a) Technical Amendments.--Part A of title VII (as amended
by this title) (20 U.S.C. 1134 et seq.) 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''; and
(3) in section 731--
(A) in subsections (a) and (b), by striking
``subparts 1, 2, and 3'' each place the term
appears and inserting ``subparts 1 through 4'';
and
(B) in subsection (d), by striking
``subpart 1, 2, or 3'' and inserting ``subpart
1, 2, 3, or 4''.
(b) Master's Degree Programs.--Part A of title VII (as
amended by this title) (20 U.S.C. 1134 et seq.) is further
amended by inserting after subpart 3 the following:
``Subpart 4--Masters Degree Programs at Historically Black Colleges and
Universities and Predominantly Black Institutions
``SEC. 723. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
``(a) Grant Program Authorized.--
``(1) In general.--Subject to the availability of
funds appropriated to carry out this section, the
Secretary shall award program grants to each of the
institutions listed in subsection (b)(1) that is
determined by the Secretary to be making a substantial
contribution to graduate education opportunities at the
masters level in mathematics, engineering, the physical
or natural sciences, computer science, information
technology, nursing, allied health, or other scientific
disciplines for Black Americans.
``(2) Assurance of non-federal matching funds.--No
grant in excess of $1,000,000 may be made under this
section unless the institution provides assurances that
50 percent of the cost of the purposes for which the
grant is made will be paid from non-Federal sources,
except that no institution shall be required to match
any portion of the first $1,000,000 of the
institution's award from the Secretary. After funds are
made available to each eligible institution under the
funding rules described in subsection (f), the
Secretary shall distribute, on a pro rata basis, any
amounts which were not so made available (by reason of
the failure of an institution to comply with the
matching requirements of this paragraph) among the
institutions that have complied with such matching
requirement.
``(3) Minimum award.--Subject to subsections (f)
and (g), the amount awarded to each eligible
institution listed in subsection (b)(1) for a fiscal
year shall be not less than $500,000.
``(4) Duration of grants.--A grant awarded under
this section shall be for a period of not more than six
years, but may be periodically renewed for a period to
be determined by the Secretary.
``(b) Institutional Eligibility.--
``(1) In general.--Institutions eligible for grants
under subsection (a) are the following:
``(A) Albany State University.
``(B) Alcorn State University.
``(C) Claflin University.
``(D) Coppin State University.
``(E) Elizabeth City State University.
``(F) Fayetteville State University.
``(G) Fisk University.
``(H) Fort Valley State University.
``(I) Grambling State University.
``(J) Kentucky State University.
``(K) Mississippi Valley State University.
``(L) Savannah State University.
``(M) South Carolina State University.
``(N) University of Arkansas, Pine Bluff.
``(O) Virginia State University.
``(P) West Virginia Sate University.
``(Q) Wilberforce University.
``(R) Winston-Salem State University.
``(2) Qualified masters degree program.--
``(A) In general.--For the purposes of this
section, the term `qualified masters degree
program' means a masters degree program that
provides a program of instruction in
mathematics, engineering, the physical or
natural sciences, computer science, information
technology, nursing, allied health, or other
scientific disciplines in which African
Americans are underrepresented and has students
enrolled in such program of instruction at the
time of application for a grant under this
section.
``(B) Enrollment exception.--
Notwithstanding the enrollment requirement
contained in subparagraph (A), an institution
may use an amount equal to not more than 10
percent of the institution's grant under this
section for the development of a new qualified
masters degree program.
``(3) Institutional choice.--The president or
chancellor of the institution may decide which graduate
school or qualified masters degree program will receive
funds under the grant in any one fiscal year, if the
allocation of funds among the schools or programs is
delineated in the application for funds submitted to
the Secretary under this section.
``(4) One grant per institution.--The Secretary
shall not award more than one grant under this section
in any fiscal year to any institution of higher
education.
``(c) Application.--An eligible institution listed in
subsection (b)(1) desiring a grant under this section shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require. The
application shall--
``(1) demonstrate how the grant funds under this
section will be used to improve graduate educational
opportunities for Black and low-income students, and
lead to greater financial independence; and
``(2) provide, in the case of applications for
grants in excess of $1,000,000, the assurances required
under subsection (a)(2) and specify the manner in which
the eligible institution is going to pay the non-
Federal share of the cost of the application.
``(d) Uses of Funds.--A grant under this section may be
used for--
``(1) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(2) construction, maintenance, renovation, and
improvement in classroom, library, laboratory, 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) scholarships, fellowships, and other
financial assistance for needy graduate students to
permit the enrollment of the students in, and
completion of, a masters degree in mathematics,
engineering, the physical or natural sciences, computer
science, information technology, nursing, allied
health, or other scientific disciplines in which
African Americans are underrepresented;
``(5) establishing or improving a development
office to strengthen and increase contributions from
alumni and the private sector;
``(6) assisting in the establishment or maintenance
of an institutional endowment to facilitate financial
independence pursuant to section 331;
``(7) funds and administrative management, and the
acquisition of equipment, including software, for use
in strengthening funds management and management
information systems;
``(8) acquisition of real property that is adjacent
to the campus in connection with the construction,
renovation, or improvement of, or an addition to,
campus facilities;
``(9) education or financial information designed
to improve the financial literacy and economic literacy
of students or the students' families, especially with
regard to student indebtedness and student assistance
programs under title IV;
``(10) tutoring, counseling, and student service
programs designed to improve academic success;
``(11) faculty professional development, faculty
exchanges, and faculty participation in professional
conferences and meetings; and
``(12) other activities proposed in the application
submitted under subsection (c) that--
``(A) contribute to carrying out the
purposes of this section; and
``(B) are approved by the Secretary as part
of the review and acceptance of such
application.
``(e) Interaction With Other Grant Programs.--No
institution that is eligible for and receives an award under
section 326, 512, or 724 for a fiscal year shall be eligible to
apply for a grant, or receive grant funds, under this section
for the same fiscal year.
``(f) Funding Rule.--Subject to subsection (g), of the
amount appropriated to carry out this section for any fiscal
year--
``(1) the first $9,000,000 (or any lesser amount
appropriated) shall be available only for the purposes
of making minimum grants under subsection (a)(3) to
eligible institutions listed in subparagraphs (A)
through (R) of subsection (b)(1), except that if the
amount appropriated is not sufficient to pay the
minimum grant awards to all such eligible institutions,
the amount of the minimum award to each such eligible
institution shall be ratably reduced;
``(2) after the application of paragraph (1), an
amount shall be available for the purpose of making
minimum grants under subsection (a)(3) to eligible
institutions listed in subsection (b)(1) that do not
receive a grant under paragraph (1), if any, except
that if the amount appropriated is not sufficient to
pay the minimum grant awards to all such eligible
institutions, the amount of the minimum award to each
such eligible institution shall be ratably reduced; and
``(3) any amount in excess of $9,000,000 shall be
made available to each of the eligible institutions
identified in subparagraphs (A) through (R) of
subsection (b)(1), pursuant to a formula developed by
the Secretary that uses the following elements:
``(A) The ability of the institution to
match Federal funds with non-Federal funds.
``(B) The number of students enrolled in
the qualified masters degree program at the
eligible institution in the previous academic
year.
``(C) The average cost of attendance per
student, for all full-time students enrolled in
the qualified masters degree program at such
institution.
``(D) The number of students in the
previous year who received a degree in the
qualified masters degree program at such
institution.
``(E) The contribution, on a percent basis,
of the programs for which the institution is
eligible to receive funds under this section to
the total number of African Americans receiving
masters degrees in the disciplines related to
the programs for the previous year.
``(g) Hold Harmless Rule.--Notwithstanding paragraphs (2)
and (3) of subsection (f), no eligible institution identified
in subsection (b)(1) that receives a grant under this section
for fiscal year 2009 and that is eligible to receive a grant
for a subsequent fiscal year shall receive a grant amount for
any such subsequent fiscal year that is less than the grant
amount received for fiscal year 2009, unless--
``(1) the amount appropriated is not sufficient to
provide such grant amounts to all such institutions and
programs that received grants under this section for
such fiscal year and that are eligible to receive a
grant in such subsequent fiscal year; or
``(2) the institution cannot provide sufficient
matching funds to meet the requirements of this
section.
``SEC. 724. MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK
INSTITUTIONS.
``(a) Grant Program Authorized.--
``(1) In general.--Subject to the availability of
funds appropriated to carry out this section, the
Secretary shall award program grants to each of the
institutions listed in subsection (b)(1) that is
determined by the Secretary to be making a substantial
contribution to graduate education opportunities at the
masters level in mathematics, engineering, the physical
or natural sciences, computer science, information
technology, nursing, allied health, or other scientific
disciplines for Black Americans.
``(2) Assurance of non-federal matching funds.--No
grant in excess of $1,000,000 may be made under this
section unless the institution provides assurances that
50 percent of the cost of the purposes for which the
grant is made will be paid from non-Federal sources,
except that no institution shall be required to match
any portion of the first $1,000,000 of the
institution's award from the Secretary. After funds are
made available to each eligible institution under the
funding rules described in subsection (f), the
Secretary shall distribute, on a pro rata basis, any
amounts which were not so made available (by reason of
the failure of an institution to comply with the
matching requirements of this paragraph) among the
institutions that have complied with such matching
requirement.
``(3) Minimum award.--Subject to subsections (f)
and (g), the amount awarded to each eligible
institution listed in subsection (b)(1) for a fiscal
year shall be not less than $500,000.
``(4) Duration of grants.--A grant awarded under
this section shall be for a period of not more than six
years, but may be periodically renewed for a period to
be determined by the Secretary.
``(b) Institutional Eligibility.--
``(1) In general.--Institutions eligible for grants
under subsection (a) are the following:
``(A) Chicago State University.
``(B) Columbia Union College.
``(C) Long Island University, Brooklyn
campus.
``(D) Robert Morris College.
``(E) York College, The City University of
New York.
``(2) Qualified masters degree program.--
``(A) In general.--For the purposes of this
section, the term `qualified masters degree
program' means a masters degree program that
provides a program of instruction in
mathematics, engineering, the physical or
natural sciences, computer science, information
technology, nursing, allied health, or other
scientific disciplines in which African
Americans are underrepresented and has students
enrolled in such program of instruction at the
time of application for a grant under this
section.
``(B) Enrollment exception.--
Notwithstanding the enrollment requirement
contained in subparagraph (A), an institution
may use an amount equal to not more than 10
percent of the institution's grant under this
section for the development of a new qualified
masters degree program.
``(3) Institutional choice.--The president or
chancellor of the institution may decide which graduate
school or qualified masters degree program will receive
funds under the grant in any one fiscal year, if the
allocation of funds among the schools or programs is
delineated in the application for funds submitted to
the Secretary under this section.
``(4) One grant per institution.--The Secretary
shall not award more than one grant under this section
in any fiscal year to any institution of higher
education.
``(c) Application.--An eligible institution listed in
subsection (b)(1) desiring a grant under this section shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require. The
application shall--
``(1) demonstrate how the grant funds under this
section will be used to improve graduate educational
opportunities for Black and low-income students and
lead to greater financial independence; and
``(2) provide, in the case of applications for
grants in excess of $1,000,000, the assurances required
under subsection (a)(2) and specify the manner in which
the eligible institution is going to pay the non-
Federal share of the cost of the application.
``(d) Uses of Funds.--A grant under this section may be
used for--
``(1) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(2) construction, maintenance, renovation, and
improvement in classroom, library, laboratory, 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) scholarships, fellowships, and other
financial assistance for needy graduate students to
permit the enrollment of the students in, and
completion of, a masters degree in mathematics,
engineering, the physical or natural sciences, computer
science, information technology, nursing, allied
health, or other scientific disciplines in which
African Americans are underrepresented;
``(5) establishing or improving a development
office to strengthen and increase contributions from
alumni and the private sector;
``(6) assisting in the establishment or maintenance
of an institutional endowment to facilitate financial
independence pursuant to section 331;
``(7) funds and administrative management, and the
acquisition of equipment, including software, for use
in strengthening funds management and management
information systems;
``(8) acquisition of real property that is adjacent
to the campus in connection with the construction,
renovation, or improvement of, or an addition to,
campus facilities;
``(9) education or financial information designed
to improve the financial literacy and economic literacy
of students or the students' families, especially with
regard to student indebtedness and student assistance
programs under title IV;
``(10) tutoring, counseling, and student service
programs designed to improve academic success;
``(11) faculty professional development, faculty
exchanges, and faculty participation in professional
conferences and meetings; and
``(12) other activities proposed in the application
submitted under subsection (c) that--
``(A) contribute to carrying out the
purposes of this section; and
``(B) are approved by the Secretary as part
of the review and acceptance of such
application.
``(e) Interaction With Other Grant Programs.--No
institution that is eligible for and receives an award under
section 326, 512, or 723 for a fiscal year shall be eligible to
apply for a grant, or receive grant funds, under this section
for the same fiscal year.
``(f) Funding Rule.--Subject to subsection (g), of the
amount appropriated to carry out this section for any fiscal
year--
``(1) the first $2,500,000 (or any lesser amount
appropriated) shall be available only for the purposes
of making minimum grants under subsection (a)(3) to
eligible institutions listed in subparagraphs (A)
through (E) of subsection (b)(1), except that if the
amount appropriated is not sufficient to pay the
minimum grant awards to all such eligible institutions,
the amount of the minimum award to each such eligible
institution shall be ratably reduced;
``(2) after the application of paragraph (1), an
amount shall be available for the purpose of making
minimum grants under subsection (a)(3) to eligible
institutions described in subsection (b)(1) that do not
receive a grant under paragraph (1), if any, except
that if the amount appropriated is not sufficient to
pay the minimum grant awards to all such eligible
institutions, the amount of the minimum award to each
such eligible institution shall be ratably reduced; and
``(3) any amount in excess of $2,500,000 shall be
made available to each of the eligible institutions
identified in subparagraphs (A) through (E) of
subsection (b)(1), pursuant to a formula developed by
the Secretary that uses the following elements:
``(A) The ability of the institution to
match Federal funds with non-Federal funds.
``(B) The number of students enrolled in
the qualified masters degree program at the
eligible institution in the previous academic
year.
``(C) The average cost of attendance per
student, for all full-time students enrolled in
the qualified masters degree program at such
institution.
``(D) The number of students in the
previous year who received a degree in the
qualified masters degree program at such
institution.
``(E) The contribution, on a percent basis,
of the programs for which the institution is
eligible to receive funds under this section to
the total number of African Americans receiving
masters degrees in the disciplines related to
the programs for the previous year.
``(g) Hold Harmless Rule.--Notwithstanding paragraphs (2)
and (3) of subsection (f), no eligible institution identified
in subsection (b)(1) that receives a grant under this section
for fiscal year 2009 and that is eligible to receive a grant in
a subsequent fiscal year shall receive a grant amount in any
such subsequent fiscal year that is less than the grant amount
received for fiscal year 2009, unless--
``(1) the amount appropriated is not sufficient to
provide such grant amounts to all such institutions and
programs that received grants under this section for
such fiscal year and that are eligible to receive a
grant in such subsequent fiscal year; or
``(2) the institution cannot provide sufficient
matching funds to meet the requirements of this
section.
``SEC. 725. AUTHORIZATION OF APPROPRIATIONS.
``(a) Masters Degree Programs at Historically Black
Colleges and Universities.--There are authorized to be
appropriated to carry out section 723 such sums as may be
necessary for fiscal year 2009 and each of the five succeeding
fiscal years.
``(b) Masters Degree Programs at Predominantly Black
Institutions.--There are authorized to be appropriated to carry
out section 724 such sums as may be necessary for fiscal year
2009 and each of the five succeeding fiscal years.''.
SEC. 707. 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 striking paragraphs (1) through (3) and
inserting the following:
``(1) the encouragement of reform and improvement
of, and innovation in, postsecondary education and the
provision of educational opportunity for all students,
including nontraditional students;
``(2) the creation of institutions, programs, and
joint efforts involving paths to career and
professional training, including--
``(A) efforts that provide academic credit
for programs; and
``(B) combinations of academic and
experiential learning;
``(3) the establishment and continuation of
institutions, programs, consortia, collaborations, and
other joint efforts based on communications technology,
including those efforts that utilize distance education
and technological advancements to educate and train
postsecondary students (including health professionals
serving medically underserved populations);'';
(2) by striking paragraph (6) and inserting the
following:
``(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;'';
(3) in paragraph (7), by striking ``and'' after the
semicolon;
(4) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(5) by adding at the end the following:
``(9) the introduction of reforms in remedial
education, including English language instruction, to
customize remedial courses to student goals and help
students progress rapidly from remedial courses into
core courses and through postsecondary program
completion;
``(10) the provision of support and assistance to
partnerships between institutions of higher education
and secondary schools with a significant population of
students identified as late-entering limited English
proficient students, to establish programs that--
``(A) result in increased secondary school
graduation rates of limited English proficient
students; and
``(B) increase the number of participating
late-entering limited English proficient
students who pursue postsecondary education;
``(11) the creation of consortia that join diverse
institutions of higher education to design and offer
curricular and cocurricular 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, midyear
seminars, and other educational
activities that stress the effects of
poverty and how poverty can be
alleviated through different career
paths;
``(12) 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 or were a ward of the court at
any time before the age of 13, 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; and
``(13) the support of efforts to work with
institutions of higher education, and nonprofit
organizations, 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.''.
(b) 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:
``(c) Center for Best Practices To Support Single Parent
Students.--
``(1) Program authorized.--The Secretary is
authorized to award one 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 four-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
``(D) develop and disseminate best
practices for such programs.''.
(c) Prohibition.--Section 741 (20 U.S.C. 1138) is further
amended by adding after subsection (c) (as added by subsection
(b) of this section) the following:
``(d) Prohibition.--
``(1) In general.--No funds made available under
this part shall be used to provide direct financial
assistance in the form of grants or scholarships to
students who do not meet the requirements of section
484(a).
``(2) Rule of construction.--Nothing in this
subsection shall be construed to prevent a student who
does not meet the requirements of section 484(a) from
participating in programs funded under this part.''.
(d) Priority.--Section 741 (20 U.S.C. 1138) is further
amended by adding after subsection (d) (as added by subsection
(c) of this section) the following:
``(e) Priority.--In making grants under this part to any
institution of higher education after the date of enactment of
the Higher Education Opportunity Act, the Secretary may give
priority to institutions that meet or exceed 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 the institution after such date, except that this
subsection shall not apply with respect to barns or greenhouses
or similar structures owned by the institution.''.
(e) Scholarship Program for Family Members of Veterans or
Members of the Military.--Section 741 (20 U.S.C. 1138) is
further amended by adding after subsection (e) (as added by
subsection (d) of this section) the following:
``(f) Scholarship Program for Family Members of Veterans or
Members of the Military.--
``(1) Authorization.--The Secretary shall enter
into a contract with a nonprofit organization with
demonstrated success in carrying out the activities
described in this subsection to carry out a program to
provide postsecondary education scholarships for
eligible students.
``(2) Definition of eligible student.--In this
subsection, the term `eligible student' means an
individual who is enrolled as a full-time or part-time
student at an institution of higher education (as
defined in section 102) and is--
``(A) a dependent student who is a child
of--
``(i) an individual who is--
``(I) serving on active
duty during a war or other
military operation or national
emergency (as defined in
section 481); or
``(II) 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--
``(I) served or performed,
as described in clause (i),
since September 11, 2001; and
``(II) died, or has been
disabled, as a result of such
service or performance; or
``(B) an independent student who--
``(i) is a spouse of an individual
who is--
``(I) serving on active
duty during a war or other
military operation or national
emergency (as defined in
section 481); or
``(II) performing
qualifying National Guard duty
during a war or other military
operation or national emergency
(as defined in section 481);
``(ii) was (at the time of death of
the veteran) a spouse of a veteran
who--
``(I) served or performed,
as described in clause (i),
since September 11, 2001; and
``(II) died as a result of
such service or performance; or
``(iii) is a spouse of a veteran
who--
``(I) served or performed,
as described in clause (i),
since September 11, 2001; and
``(II) has been disabled as
a result of such service or
performance.
``(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 award year shall be the lesser
of $5,000, or the student's cost of attendance (as
defined in section 472).
``(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 the nonprofit organization
receiving a contract under this subsection may use not
more than one percent of such amounts for the
administrative costs of the contract.''.
(f) Areas of National Need.--Section 744(c) (20 U.S.C.
1138c(c)) is amended to read as follows:
``(c) Areas of National Need.--Areas of national need shall
include, at a minimum, the following:
``(1) Institutional restructuring to improve
learning and promote productivity, efficiency, quality
improvement, and cost reduction.
``(2) Improvements in academic instruction and
student learning, including efforts designed to assess
the learning gains made by postsecondary students.
``(3) Articulation between two- and four-year
institutions of higher education, including developing
innovative methods for ensuring the successful transfer
of students from two- to four-year institutions of
higher education.
``(4) Development, evaluation, and dissemination of
model courses, including model courses that--
``(A) provide students with a broad and
integrated knowledge base;
``(B) include, at a minimum, broad survey
courses in English literature, American and
world history, American political institutions,
economics, philosophy, college-level
mathematics, and the natural sciences; and
``(C) include study of a foreign language
that leads to reading and writing competency in
the foreign language.
``(5) International cooperation and student
exchanges among postsecondary educational institutions.
``(6) Support 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--
``(A) understand the causes of, and
remedies for, medical error, medically induced
patient injuries and complications, and other
defects in medical care;
``(B) engage effectively in personal and
systemic efforts to continually reduce medical
harm; and
``(C) improve patient care and outcomes, as
recommended by the Institute of Medicine.''.
(g) Authorization of Appropriations for the Fund for the
Improvement of Postsecondary Education.--Section 745 (20 U.S.C.
1138d) is amended by striking ``$30,000,000 for fiscal year
1999'' and all that follows through the period at the end and
inserting ``such sums as may be necessary for fiscal year 2009
and each of the five succeeding fiscal years.''.
(h) Technical FIPSE Amendments.--Part B of title VII (20
U.S.C. 1138 et seq.) is further amended--
(1) in section 742 (20 U.S.C. 1138a)--
(A) in subsection (b)--
(i) by striking ``(b) Membership.--
'' and all that follows through ``The
Secretary'' and inserting ``(b)
Membership.--The Secretary''; and
(ii) by striking paragraph (2);
(B) in subsection (c), by striking ``and
the Director'' each place the term 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 the term appears and
inserting ``Secretary''.
SEC. 708. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 709. PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY
HIGHER EDUCATION.
Title VII (20 U.S.C. 1133 et seq.) is further amended--
(1) by redesignating section 771 (20 U.S.C. 1141)
as section 781; and
(2) by striking part D of title VII (20 U.S.C. 1140
et seq.) and inserting the following:
``PART D--PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY
HIGHER EDUCATION
``SEC. 760. DEFINITIONS.
``In this part:
``(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
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; and
``(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
one 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.
``(2) Student with an intellectual disability.--The
term `student with an intellectual disability' means a
student--
``(A) with mental retardation or a
cognitive impairment, characterized by
significant limitations in--
``(i) intellectual and cognitive
functioning; and
``(ii) adaptive behavior as
expressed in conceptual, social, and
practical adaptive skills; and
``(B) who is currently, or was formerly,
eligible for a free appropriate public
education under the Individuals with
Disabilities Education Act.
``Subpart 1--Demonstration Projects to Support Postsecondary Faculty,
Staff, and Administrators in Educating Students With Disabilities
``SEC. 761. PURPOSE.
``It is the purpose of this subpart to support model
demonstration projects to provide technical assistance or
professional development for postsecondary faculty, staff, and
administrators in institutions of higher education to enable
such faculty, staff, and administrators to provide students
with disabilities with a quality postsecondary education.
``SEC. 762. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.
``(a) Competitive Grants, Contracts, and Cooperative
Agreements Authorized.--
``(1) In general.--From amounts appropriated under
section 765, the Secretary may award grants, contracts,
and cooperative agreements, on a competitive basis, to
institutions of higher education to enable the
institutions to carry out the activities under
subsection (b).
``(2) Awards for professional development and
technical assistance.--Not less than two grants,
contracts, cooperative agreements, or a combination of
such awards shall be awarded to institutions of higher
education that provide professional development and
technical assistance in order for students with
learning disabilities to receive a quality
postsecondary education.
``(b) Duration; Activities.--
``(1) Duration.--A grant, contract, or cooperative
agreement under this subpart shall be awarded for a
period of three years.
``(2) Authorized activities.--A grant, contract, or
cooperative agreement awarded under this subpart shall
be used to carry out one or more of the following
activities:
``(A) Teaching methods and strategies.--The
development of innovative, effective, and
efficient teaching methods and strategies,
consistent with the principles of universal
design for learning, to provide postsecondary
faculty, staff, and administrators with the
skills and supports necessary to teach and meet
the academic and programmatic needs of students
with disabilities, in order to improve the
retention of such students in, and the
completion by such students of, postsecondary
education. Such methods and strategies may
include in-service training, professional
development, customized and general technical
assistance, workshops, summer institutes,
distance learning, and training in the use of
assistive and educational technology.
``(B) Effective transition practices.--The
development of innovative and effective
teaching methods and strategies to provide
postsecondary faculty, staff, and
administrators with the skill and supports
necessary to ensure the successful and smooth
transition of students with disabilities from
secondary school to postsecondary education.
``(C) Synthesizing research and
information.--The synthesis of research and
other information related to the provision of
postsecondary educational services to students
with disabilities, including data on the impact
of a postsecondary education on subsequent
employment of students with disabilities. Such
research, information, and data shall be made
publicly available and accessible.
``(D) Distance learning.--The development
of innovative and effective teaching methods
and strategies to provide postsecondary
faculty, staff, and administrators with the
ability to provide accessible distance
education programs or classes that would
enhance the access of students with
disabilities to postsecondary education,
including the use of accessible curricula and
electronic communication for instruction and
advising.
``(E) Disability career pathways.--
``(i) In general.--The provision of
information, training, and technical
assistance to secondary and
postsecondary faculty, staff, and
administrators with respect to
disability-related fields that would
enable such faculty, staff, and
administrators to--
``(I) encourage interest
and participation in such
fields, among students with
disabilities and other
students;
``(II) enhance awareness
and understanding of such
fields among students with
disabilities and other
students;
``(III) provide educational
opportunities in such fields
for students with disabilities
and other students;
``(IV) teach practical
skills related to such fields
to students with disabilities
and other students; and
``(V) offer work-based
opportunities in such fields to
students with disabilities and
other students.
``(ii) Development.--The training
and support described in subclauses (I)
through (V) of clause (i) may include
offering students--
``(I) credit-bearing
postsecondary-level coursework;
and
``(II) career and
educational counseling.
``(F) Professional development and training
sessions.--The conduct of professional
development and training sessions for
postsecondary faculty, staff, and
administrators from other institutions of
higher education to enable such individuals to
meet the educational needs of students with
disabilities.
``(G) Accessibility of education.--Making
postsecondary education more accessible to
students with disabilities through curriculum
development, consistent with the principles of
universal design for learning.
``(3) Mandatory evaluation and dissemination.--An
institution of higher education awarded a grant,
contract, or cooperative agreement under this subpart
shall evaluate and disseminate to other institutions of
higher education, the information obtained through the
activities described in subparagraphs (A) through (G)
of paragraph (2).
``(c) Considerations in Making Awards.--In awarding grants,
contracts, or cooperative agreements under this subpart, the
Secretary shall consider the following:
``(1) Geographic distribution.--Providing an
equitable geographic distribution of such awards.
``(2) Rural and urban areas.--Distributing such
awards to urban and rural areas.
``(3) 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.
``(4) Prior experience or exceptional programs.--
Distributing the awards to institutions of higher
education with demonstrated prior experience in, or
exceptional programs for, meeting the postsecondary
educational needs of students with disabilities.
``(d) Reports.--
``(1) Initial report.--Not later than one year
after the date of enactment of the Higher Education
Opportunity Act, the Secretary shall prepare and submit
to the authorizing committees, and make available to
the public, a report on all demonstration projects
awarded grants under this part for any of fiscal years
1999 through 2008, including a review of the activities
and program performance of such demonstration projects
based on existing information as of the date of the
report.
``(2) Subsequent report.--Not later than three
years after the date of the first award of a grant
under this subpart after the date of enactment of the
Higher Education Opportunity Act, the Secretary shall
prepare and submit to the authorizing committees, and
make available to the public, a report that--
``(A) reviews the activities and program
performance of the demonstration projects
authorized under this subpart; and
``(B) provides guidance and recommendations
on how effective projects can be replicated.
``SEC. 763. APPLICATIONS.
``Each institution of higher education desiring to receive
a grant, contract, or cooperative agreement 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. Each application shall include--
``(1) a description of the activities authorized
under this subpart that the institution proposes to
carry out, and how such institution plans to conduct
such activities in order to further the purpose of this
subpart;
``(2) a description of how the institution
consulted with a broad range of people within the
institution to develop activities for which assistance
is sought;
``(3) a description of how the institution will
coordinate and collaborate with the office that
provides services to students with disabilities within
the institution; and
``(4) a description of the extent to which the
institution will work to replicate the research-based
and best practices of institutions of higher education
with demonstrated effectiveness in serving students
with disabilities.
``SEC. 764. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to impose any
additional duty, obligation, or responsibility on an
institution of higher education or on the institution's
faculty, administrators, or staff than is required under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
``SEC. 765. 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 five succeeding fiscal years.
``Subpart 2--Transition Programs for Students With Intellectual
Disabilities Into Higher Education
``SEC. 766. PURPOSE.
``It is the purpose of this subpart to support model
demonstration programs that promote the successful transition
of students with intellectual disabilities into higher
education.
``SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS
FOR STUDENTS WITH INTELLECTUAL DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--From amounts appropriated under
section 769(a), the Secretary shall annually award
grants, on a competitive basis, to institutions of
higher education (or consortia of institutions of
higher education), to enable the institutions or
consortia to create or expand high quality, inclusive
model comprehensive transition and postsecondary
programs for students with intellectual disabilities.
``(2) Administration.--The program under this
section shall be administered by the office in the
Department that administers other postsecondary
education programs.
``(3) 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) Award Basis.--In awarding grants under this section,
the Secretary shall--
``(1) provide for an equitable geographic
distribution of such grants;
``(2) provide grant funds for model comprehensive
transition and postsecondary programs for students with
intellectual disabilities that will serve areas that
are underserved by programs of this type; and
``(3) give preference to applications submitted
under subsection (b) that agree to incorporate into the
model comprehensive transition and postsecondary
program for students with intellectual disabilities
carried out under the grant one or more of the
following elements:
``(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
the housing offered to nondisabled students.
``(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.
``(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 skills, 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 777(b) in the evaluation of
the model program;
``(6) partners with one or more local educational
agencies to support students with intellectual
disabilities participating in the model program who are
still eligible for special education and related
services under the Individuals with Disabilities
Education Act, including the use of funds available
under part B of such Act to support the participation
of such students in the model program;
``(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 (or consortium) 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. Such matching funds may be provided in cash or in-kind,
and shall be in an amount of not less than 25 percent of the
amount of such costs.
``(f) Report.--Not later than five years after the date of
the first grant awarded under this section, the Secretary shall
prepare and disseminate a report to the authorizing committees
and to the public that--
``(1) reviews the activities of the model
comprehensive transition and postsecondary programs for
students with intellectual disabilities funded under
this section; and
``(2) provides guidance and recommendations on how
effective model programs can be replicated.
``SEC. 768. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to reduce or
expand--
``(1) the obligation of a State or local
educational agency to provide a free appropriate public
education, as defined in section 602 of the Individuals
with Disabilities Education Act; or
``(2) eligibility requirements under any Federal,
State, or local disability law, including the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), or the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.).
``SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.
``(a) 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
five succeeding fiscal years.
``(b) Reservation of Funds.--For any fiscal year for which
appropriations are made for this subpart, the Secretary shall
reserve funds to enter into a cooperative agreement to
establish the coordinating center under section 777(b), in an
amount that is--
``(1) not less than $240,000 for any year in which
the amount appropriated to carry out this subpart is
$8,000,000 or less; or
``(2) equal to 3 percent of the amount appropriated
to carry out this subpart for any year in which such
amount appropriated is greater than $8,000,000.
``Subpart 3--Commission on Accessible Materials; Programs to Support
Improved Access to Materials
``SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY.
``In this subpart, the term `student with a print
disability' means a student with a disability who experiences
barriers to accessing instructional material in nonspecialized
formats, including an individual described in section 121(d)(2)
of title 17, United States Code.
``SEC. 772. 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
section referred to as the `Commission').
``(2) Membership.--
``(A) Total number of members.--The
Commission shall include not more than 19
members, who shall be appointed by the
Secretary in accordance with subparagraphs (B)
and (C).
``(B) Members of the commission.--The
Commission members shall include one
representative from each of the following
categories:
``(i) The Office of Postsecondary
Education of the Department.
``(ii) The Office of Special
Education and Rehabilitative Services
of the Department.
``(iii) The Office for Civil Rights
of the Department.
``(iv) The Library of Congress
National Digital Information and
Infrastructure Preservation Program
Copyright Working Group.
``(v) The Association on Higher
Education and Disability.
``(vi) The Association of American
Publishers.
``(vii) The Association of American
University Presses.
``(viii) The National Council on
Disability.
``(ix) Recording for the Blind and
Dyslexic.
``(x) National organizations
representing individuals with visual
impairments.
``(xi) National organizations
representing individuals with learning
disabilities.
``(C) Additional members of the
commission.--The Commission members shall
include two representatives from each of the
following categories:
``(i) Staff from institutions of
higher education with demonstrated
experience teaching or supporting
students with print disabilities,
including representatives from both
two-year and four-year institutions of
higher education of different sizes.
``(ii) Producers of accessible
materials, publishing software, and
supporting technologies in specialized
formats, such as Braille, audio or
synthesized speech, and digital media.
``(iii) Individuals with visual
impairments, including not less than
one currently enrolled postsecondary
student.
``(iv) Individuals with dyslexia or
other learning disabilities related to
reading, including not less than one
currently enrolled postsecondary
student.
``(D) Timing.--The Secretary shall appoint
the members of the Commission not later than 60
days after the Commission is established under
paragraph (1).
``(3) Chairperson and vice chairperson.--The
Commission shall select a chairperson and vice
chairperson from among the members of the Commission.
``(4) Meetings.--
``(A) In general.--The Commission shall
meet at the call of the Chairperson.
``(B) First meeting.--Not later than 60
days after the appointment of the members of
the Commission under paragraph (2)(D), the
Commission shall hold the Commission's first
meeting.
``(5) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
``(b) Duties of the Commission.--
``(1) Study.--
``(A) In general.--The Commission shall
conduct a comprehensive study to--
``(i) assess the barriers and
systemic issues that may affect, and
technical solutions available that may
improve, the timely delivery and
quality of accessible instructional
materials for postsecondary students
with print disabilities, as well as the
effective use of such materials by
faculty and staff; and
``(ii) make recommendations related
to the development of a comprehensive
approach to improve the opportunities
for postsecondary students with print
disabilities to access instructional
materials in specialized formats in a
timeframe comparable to the
availability of instructional materials
for postsecondary nondisabled students.
``(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.
``(C) Recommendations.--
``(i) In general.--The Commission
shall develop recommendations--
``(I) to inform Federal
regulations and legislation;
``(II) to support the model
demonstration programs
authorized under section 773;
``(III) to identify best
practices in systems for
collecting, maintaining,
processing, and disseminating
materials in specialized
formats to students with print
disabilities at costs
comparable to instructional
materials for postsecondary
nondisabled students;
``(IV) to improve the
effective use of such materials
by faculty and staff, while
complying with applicable
copyright law; and
``(V) to modify the
definitions of instructional
materials, authorized entities,
and eligible students, as such
terms are used in applicable
Federal law, for the purpose of
improving services to students
with disabilities.
``(ii) Considerations.--In
developing the recommendations under
subparagraph (C), the Commission shall
consider--
``(I) how students with
print disabilities may obtain
instructional materials in
accessible formats--
``(aa) within a
timeframe comparable to
the availability of
instructional materials
for nondisabled
students; and
``(bb) to the
maximum extent
practicable, at costs
comparable to the costs
of such materials for
nondisabled students;
``(II) the feasibility and
technical parameters of
establishing standardized
electronic file formats, such
as the National Instructional
Materials Accessibility
Standard as defined in section
674(e)(3) of the Individuals
with Disabilities Education
Act, to be provided by
publishers of instructional
materials to producers of
materials in specialized
formats, institutions of higher
education, and eligible
students;
``(III) the feasibility of
establishing 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 clearinghouse,
repository, or network;
``(IV) the feasibility of
establishing market-based
solutions involving
collaborations among publishers
of instructional materials,
producers of materials in
specialized formats, and
institutions of higher
education;
``(V) solutions utilizing
universal design; and
``(VI) solutions for low-
incidence, high-cost requests
for instructional materials in
specialized formats.
``(2) Report.--Not later than one year after the
Commission's first meeting, the Commission shall submit
a report to the Secretary and the authorizing
committees detailing the findings and recommendations
of the study conducted under paragraph (1).
``(3) Dissemination of information.--In carrying
out the study under paragraph (1), the Commission shall
disseminate information concerning the issues that are
the subject of the study through--
``(A) the National Technical Assistance
Center established under subpart 4; and
``(B) other means, as determined by the
Commission.
``(c) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which
the Commission submits the report under subsection (b)(2) to
the Secretary and the authorizing committees.
``SEC. 773. 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 for the purpose of
encouraging the development of systems to improve the quality
of postsecondary instructional materials in specialized formats
and such materials' timely delivery to postsecondary students
with print disabilities, including systems to improve
efficiency and reduce duplicative efforts across multiple
institutions of higher education.
``(b) Definition of Eligible Partnership.--In this section,
the term `eligible partnership' means a partnership that--
``(1) shall include--
``(A) an institution of higher education
with demonstrated expertise in meeting the
needs of students with print disabilities,
including the retention of such students in,
and such students' completion of, postsecondary
education; and
``(B) a public or private entity, other
than an institution of higher education, with--
``(i) demonstrated expertise in
developing accessible instructional
materials in specialized formats for
postsecondary students with print
disabilities; and
``(ii) 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
instructional materials in specialized
formats; and
``(2) may include representatives of the publishing
industry.
``(c) Program Authorized.--From amounts appropriated under
section 775, the Secretary shall award grants or contracts, on
a competitive basis, to not less than one eligible partnership
to enable the eligible partnership to support the activities
described in subsection (f) and, as applicable, subsection (g).
``(d) Application.--An eligible partnership that desires a
grant or contract under this section shall submit an
application at such time, in such manner, and in such format as
the Secretary may prescribe. The application shall include
information on how the eligible partnership will implement
activities under subsection (f) and, as applicable, subsection
(g).
``(e) Priority.--In awarding grants or contracts under this
section, the Secretary shall give priority to any applications
that include the development and implementation of the
procedures and approaches described in paragraphs (2) and (3)
of subsection (g).
``(f) Required Activities.--An eligible partnership that
receives a grant or contract under this section shall use the
grant or contract funds to carry out the following:
``(1) Supporting the development and implementation
of the following:
``(A) Processes and systems to help
identify, and verify eligibility of,
postsecondary students with print disabilities
in need of instructional materials in
specialized formats.
``(B) Procedures and systems to facilitate
and simplify request methods for accessible
instructional materials in specialized formats
from eligible students described in
subparagraph (A), which may include a single
point-of-entry system.
``(C) Procedures and systems to coordinate
among institutions of higher education,
publishers of instructional materials, and
entities that produce materials in specialized
formats, to efficiently facilitate--
``(i) requests for such materials;
``(ii) the responses to such
requests; and
``(iii) the delivery of such
materials.
``(D) Delivery systems that will ensure the
timely provision of instructional materials in
specialized formats to eligible students, which
may include electronic file distribution.
``(E) Systems to reduce duplicative
conversions and improve sharing of the same
instructional materials in specialized formats
for multiple eligible students at multiple
institutions of higher education.
``(F) Procedures to protect against
copyright infringement with respect to the
development, use, and distribution of
instructional materials in specialized formats
while maintaining accessibility for eligible
students, which may include digital
technologies such as watermarking,
fingerprinting, and other emerging approaches.
``(G) 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.
``(2) Providing recommendations on how effective
procedures and systems described in paragraph (1) may
be disseminated and implemented on a national basis.
``(g) Authorized Approaches.--An eligible partnership that
receives a grant or contract under this section may use the
grant or contract funds to support the development and
implementation of the following:
``(1) Approaches for the provision of instructional
materials in specialized formats limited to
instructional materials used in smaller categories of
postsecondary courses, such as introductory, first-,
and second-year courses.
``(2) Approaches supporting a unified search for
instructional materials in specialized formats across
multiple databases or lists of available materials.
``(3) Market-based approaches for making
instructional materials in specialized formats directly
available to eligible students at prices comparable to
standard instructional materials.
``(h) Report.--Not later than three years after the date of
the first grant or contract awarded under this section, the
Secretary shall submit to the authorizing committees a report
that includes--
``(1) the number of grants and contracts and the
amount of funds distributed under this section;
``(2) a summary of the purposes for which the
grants and contracts were provided and an evaluation of
the progress made under such grants and contracts;
``(3) a summary of the activities implemented under
subsection (f) and, as applicable, subsection (g),
including data on the number of postsecondary students
with print disabilities 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.--The Secretary may, on the basis of
the reports under subsection (h) and section 772(b)(2) and any
evaluations of the projects funded under this section, expand
the program under this section to additional grant or contract
recipients that use other programmatic approaches and serve
different geographic regions, if the Secretary finds that the
models used under this section--
``(1) are effective in improving the timely
delivery and quality of materials in specialized
formats; and
``(2) provide adequate protections against
copyright infringement.
``SEC. 774. 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. 775. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--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 five succeeding fiscal years.
``(b) Priority.--For the first fiscal year for which funds
are made available under this section, the Secretary shall give
priority to allocating funding for the purposes of section 772.
``Subpart 4--National Technical Assistance Center; Coordinating Center
``SEC. 776. PURPOSE.
``It is the purpose of this subpart to provide technical
assistance and information on best and promising practices to
students with disabilities, the families of students with
disabilities, and entities awarded grants, contracts, or
cooperative agreements under subpart 1, 2, or 3 to improve the
postsecondary recruitment, transition, retention, and
completion rates of students with disabilities.
``SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER.
``(a) National Center.--
``(1) In general.--From amounts appropriated under
section 778, the Secretary shall award a grant to, or
enter into a contract or cooperative agreement with, an
eligible entity to provide for the establishment and
support of a National Center for Information and
Technical Support for Postsecondary Students with
Disabilities (in this subsection referred to as the
`National Center'). The National Center shall carry out
the duties set forth in paragraph (4).
``(2) Administration.--The program under this
section shall be administered by the office in the
Department that administers other postsecondary
education programs.
``(3) Eligible entity.--In this subpart, the term
`eligible entity' means an institution of higher
education, a nonprofit organization, or partnership of
two or more such institutions or organizations, with
demonstrated expertise in--
``(A) supporting students with disabilities
in postsecondary education;
``(B) technical knowledge necessary for the
dissemination of information in accessible
formats;
``(C) working with diverse types of
institutions of higher education, including
community colleges; and
``(D) the subjects supported by the grants,
contracts, or cooperative agreements authorized
in subparts 1, 2, and 3.
``(4) Duties.--The duties of the National Center
shall include the following:
``(A) Assistance to students and
families.--The National Center shall provide
information and technical assistance to
students with disabilities and the families of
students with disabilities to support students
across the broad spectrum of disabilities,
including--
``(i) information to assist
individuals with disabilities who are
prospective students of an institution
of higher education in planning for
postsecondary education while the
students are in secondary school;
``(ii) information and technical
assistance provided to individualized
education program teams (as defined in
section 614(d)(1) of the Individuals
with Disabilities Education Act) for
secondary school students with
disabilities, and to early outreach and
student services programs, including
programs authorized under subparts 2,
4, and 5 of part A of title IV, to
support students across a broad
spectrum of disabilities with the
successful transition to postsecondary
education;
``(iii) research-based supports,
services, and accommodations which are
available in postsecondary settings,
including services provided by other
agencies such as vocational
rehabilitation;
``(iv) information on student
mentoring and networking opportunities
for students with disabilities; and
``(v) effective recruitment and
transition programs at postsecondary
educational institutions.
``(B) Assistance to institutions of higher
education.--The National 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--
``(i) collection and dissemination
of best and promising practices and
materials for accommodating and
supporting students with disabilities,
including practices and materials
supported by the grants, contracts, or
cooperative agreements authorized under
subparts 1, 2, and 3;
``(ii) development and provision of
training modules for higher education
faculty on exemplary practices for
accommodating and supporting
postsecondary students with
disabilities across a range of academic
fields, which may include universal
design for learning and practices
supported by the grants, contracts, or
cooperative agreements authorized under
subparts 1, 2, and 3; and
``(iii) development of technology-
based tutorials for higher education
faculty and staff, including new
faculty and graduate students, on best
and promising practices related to
support and retention of students with
disabilities in postsecondary
education.
``(C) Information collection and
dissemination.--The National Center shall be
responsible for building, maintaining, and
updating a database of disability support
services information with respect to
institutions of higher education, or for
expanding and updating an existing database of
disabilities support services information with
respect to institutions of higher education.
Such database shall be available to the general
public through a website built to high
technical standards of accessibility
practicable for the broad spectrum of
individuals with disabilities. Such database
and website shall include available information
on--
``(i) disability documentation
requirements;
``(ii) support services available;
``(iii) links to financial aid;
``(iv) accommodations policies;
``(v) accessible instructional
materials;
``(vi) other topics relevant to
students with disabilities; and
``(vii) the information in the
report described in subparagraph (E).
``(D) Disability support services.--The
National Center shall work with organizations
and individuals with proven expertise related
to disability support services for
postsecondary students with disabilities to
evaluate, improve, and disseminate information
related to the delivery of high quality
disability support services at institutions of
higher education.
``(E) Review and report.--Not later than
three years after the establishment of the
National Center, and every two years
thereafter, the National Center shall prepare
and disseminate a report to the Secretary and
the authorizing committees analyzing the
condition of postsecondary success for students
with disabilities. Such report shall include--
``(i) a review of the activities
and the effectiveness of the programs
authorized under this part;
``(ii) annual enrollment and
graduation rates of students with
disabilities in institutions of higher
education from publicly reported data;
``(iii) recommendations for
effective postsecondary supports and
services for students with
disabilities, and how such supports and
services may be widely implemented at
institutions of higher education;
``(iv) recommendations on reducing
barriers to full participation for
students with disabilities in higher
education; and
``(v) a description of strategies
with a demonstrated record of
effectiveness in improving the success
of such students in postsecondary
education.
``(F) Staffing of the center.--In hiring
employees of the National Center, the National
Center shall consider the expertise and
experience of prospective employees in
providing training and technical assistance to
practitioners.
``(b) Coordinating Center.--
``(1) Definition of eligible entity.--In this
subsection, the term `eligible entity' means an entity,
or a partnership of entities, that has demonstrated
expertise in the fields of--
``(A) higher education;
``(B) the education of students with
intellectual disabilities;
``(C) the development of comprehensive
transition and postsecondary programs for
students with intellectual disabilities; and
``(D) evaluation and technical assistance.
``(2) In general.--From amounts appropriated under
section 778, the Secretary shall enter into a
cooperative agreement, on a competitive basis, with an
eligible entity for the purpose of establishing a
coordinating center for institutions of higher
education that offer inclusive comprehensive transition
and postsecondary programs for students with
intellectual disabilities, including institutions
participating in grants authorized under subpart 2, to
provide--
``(A) recommendations related to the
development of standards for such programs;
``(B) technical assistance for such
programs; and
``(C) evaluations for such programs.
``(3) Administration.--The program under this
subsection shall be administered by the office in the
Department that administers other postsecondary
education programs.
``(4) Duration.--The Secretary shall enter into a
cooperative agreement under this subsection for a
period of five years.
``(5) Requirements of cooperative agreement.--The
eligible entity entering into a cooperative agreement
under this subsection shall establish and maintain a
coordinating center that shall--
``(A) serve as the technical assistance
entity for all comprehensive transition and
postsecondary programs for students with
intellectual disabilities;
``(B) provide technical assistance
regarding the development, evaluation, and
continuous improvement of such programs;
``(C) develop an evaluation protocol for
such programs that includes qualitative and
quantitative methodologies for measuring
student outcomes and program strengths in the
areas of academic enrichment, socialization,
independent living, and competitive or
supported employment;
``(D) assist recipients of grants under
subpart 2 in efforts to award a meaningful
credential to students with intellectual
disabilities upon the completion of such
programs, which credential shall take into
consideration unique State factors;
``(E) develop recommendations for 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;
``(F) analyze possible funding streams for
such programs and provide recommendations
regarding the funding streams;
``(G) develop model memoranda of agreement
for use between or among institutions of higher
education and State and local agencies
providing funding for such programs;
``(H) develop mechanisms for regular
communication, outreach and dissemination of
information about comprehensive transition and
postsecondary programs for students with
intellectual disabilities under subpart 2
between or among such programs and to families
and prospective students;
``(I) host a meeting of all recipients of
grants under subpart 2 not less often than once
each year; and
``(J) convene a workgroup to develop and
recommend model criteria, standards, and
components of such programs as described in
subparagraph (E), that are appropriate for the
development of accreditation standards, which
workgroup shall include--
``(i) an expert in higher
education;
``(ii) an expert in special
education;
``(iii) a disability organization
that represents students with
intellectual disabilities;
``(iv) a representative from the
National Advisory Committee on
Institutional Quality and Integrity;
and
``(v) a representative of a
regional or national accreditation
agency or association.
``(6) Report.--Not later than five years after the
date of the establishment of the coordinating center
under this subsection, the coordinating center shall
report to the Secretary, the authorizing committees,
and the National Advisory Committee on Institutional
Quality and Integrity on the recommendations of the
workgroup described in paragraph (5)(J).
``SEC. 778. 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 five succeeding fiscal years.''.
SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS.
Section 781 (as redesignated by section 709(1)) (20 U.S.C.
1141) is amended--
(1) in subsection (a), by striking the second
sentence and inserting the following: ``In addition to
the amount authorized and appropriated under the
preceding sentence, 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 five
succeeding fiscal years.'';
(2) in subsection (b)(1), by inserting ``, subject
to the availability of appropriations,'' after ``the
Secretary shall''; and
(3) in subsection (e), by inserting after ``of this
Act)'' the following: ``, or those nonprofit
organizations that have agreements with the Secretary
under section 435(j)''.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
is further amended by adding at the end the following new
title:
``TITLE VIII--ADDITIONAL PROGRAMS
``PART A--PROJECT GRAD
``SEC. 801. PROJECT GRAD.
``(a) Purposes.--The purposes of this section are--
``(1) to provide support and assistance to programs
implementing integrated education reform services in
order to improve secondary school graduation,
postsecondary program attendance, and postsecondary
completion rates for low-income students; and
``(2) to promote the establishment of new programs
to implement such integrated education reform services.
``(b) Definitions.--In this section:
``(1) Low-income student.--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.
``(2) Feeder pattern.--The term `feeder pattern'
means a secondary school and the elementary schools and
middle schools that channel students into that
secondary school.
``(c) Contract Authorized.--From the amount appropriated to
carry out this section, the Secretary is authorized to award a
five-year contract to Project GRAD USA (referred to in this
section as the `contractor'), a nonprofit education
organization that has as its primary purpose the improvement of
secondary school graduation and postsecondary attendance and
completion rates for low-income students. Such contract shall
be used to carry out the requirements of subsection (d) and to
implement and sustain integrated education reform services
through subcontractor activities described in subsection (e)(3)
at existing Project GRAD program sites and to promote the
expansion to new sites.
``(d) Requirements of Contract.--The Secretary shall enter
into an agreement with the contractor that requires that the
contractor shall--
``(1) enter into subcontracts with nonprofit
educational organizations that serve a substantial
number or percentage of low-income students (referred
to in this subsection as `subcontractors'), under which
the subcontractors agree to implement the Project GRAD
programs described in subsection (e) 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 postsecondary
access programs further described in subsection
(e)(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
activities--
``(i) to further articulate a
program for one or more grade levels
and across grade levels;
``(ii) to tailor a program for a
particular target audience; and
``(iii) to 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 postsecondary
attendance rates for low-income students; and
``(F) other activities directly related to
improving secondary school graduation and
postsecondary attendance and completion rates
for low-income students; and
``(3) use contract funds available under this
section to pay--
``(A) the amount determined under
subsection (f); and
``(B) costs associated with carrying out
the activities and providing the services, as
provided in paragraph (2) of this subsection.
``(e) Supported Programs.--
``(1) Designation.--The subcontractor programs
referred to in this subsection 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 contractor--
``(A) identify or establish not less than
one feeder pattern of public schools; and
``(B) provide the integrated educational
reform services described in paragraph (3) at
each identified feeder pattern.
``(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 postsecondary access program that
includes--
``(i) providing postsecondary
scholarships for students who meet
established criteria;
``(ii) proven approaches for
increasing student and family
postsecondary awareness; and
``(iii) assistance for students in
applying for higher education financial
aid; and
``(D) such other services identified by the
contractor as necessary to increase secondary
school graduation and postsecondary attendance
and completion rates.
``(f) Use of Funds.--Of the funds made available to carry
out this section, not more than five percent of such funds, or
$4,000,000, whichever is less, shall be used by the contractor
to pay for administration of the contract.
``(g) Contribution and Matching Requirement.--
``(1) In general.--The contractor shall provide to
each subcontractor an average of $200 for each student
served by the subcontractor in the Project GRAD
program, adjusted to take into consideration--
``(A) the resources or funds available in
the area where the subcontractor will implement
the Project GRAD program; and
``(B) the need for the Project GRAD program
in such area to improve student outcomes,
including reading and mathematics achievement,
secondary school graduation, and postsecondary
attendance and completion rates.
``(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 contractor. Such matching funds
may be provided in cash or in kind, fairly evaluated.
``(3) Waiver authority.--The contractor may waive,
in whole or in part, the requirement of paragraph (2)
for a subcontractor, if the subcontractor--
``(A) demonstrates that the subcontractor
would not otherwise be able to participate in
the program; and
``(B) enters into an agreement with the
contractor with respect to the amount to which
the waiver will apply.
``(h) Evaluation.--
``(1) Evaluation by the secretary.--The Secretary
shall select an independent entity to evaluate, every
three years, the performance of students who
participate in a Project GRAD program under this
section. The evaluation shall--
``(A) be conducted using a rigorous
research design for determining the
effectiveness of the Project GRAD programs
funded under this section; and
``(B) compare reading and mathematics
achievement, secondary school graduation, and
postsecondary attendance and completion rates
of students who participate in a Project GRAD
program funded under this section with those
indicators for students of similar backgrounds
who do not participate in such program.
``(2) Evaluation by contractor and
subcontractors.--The contractor 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 section that includes--
``(A) data on the reading and mathematics
achievement of students involved in the Project
GRAD program;
``(B) data on secondary school graduation
and postsecondary attendance and completion
rates; and
``(C) such financial reporting as required
by the Secretary to review the effectiveness
and efficiency of the program.
``(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 authorizing committees.
``(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
five succeeding fiscal years.
``PART B--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM
``SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.
``(a) Program Authorized.--From the amounts appropriated
under subsection (f), the Secretary is authorized to award
grants to States, on a competitive basis, to enable the States
to encourage students to pursue a rigorous course of study,
beginning in secondary school and continuing through the
students' postsecondary education, in science, technology,
engineering, mathematics, or a health-related field.
``(b) Applications.--
``(1) In general.--A State 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. A State
may submit an application to receive a grant under
subsection (c) or (d), or both.
``(2) Contents of application.--Each application
shall include a description of--
``(A) the program or programs for which the
State is applying;
``(B) if applicable, the priority set by
the Governor pursuant to subsection (c)(4) or
(d)(3); and
``(C) how the State will meet the
requirements of subsection (e).
``(c) Mathematics and Science Scholars Program.--
``(1) Grant for scholarships.--The Secretary shall
award grants under this subsection to provide
scholarship support to eligible students.
``(2) Eligible students.--A student is eligible for
a scholarship under this subsection if the student--
``(A) meets the requirements of section
484(a);
``(B) is a full-time student in the
student's first year of undergraduate study;
and
``(C) has completed a rigorous secondary
school curriculum in mathematics and science.
``(3) Rigorous curriculum.--Each participating
State shall determine the requirements for a rigorous
secondary school curriculum in mathematics and science
described in paragraph (2)(C).
``(4) Priority for scholarships.--The Governor of a
State may set a priority for awarding scholarships
under this subsection for particular eligible students,
such as students attending schools in high-need local
educational agencies (as defined in section 200),
students who are from groups underrepresented in the
fields of mathematics, science, and engineering,
students served by local educational agencies that do
not meet or exceed State standards in mathematics and
science, or other high-need students.
``(5) Amount and duration of scholarship.--The
Secretary shall award a grant under this subsection to
provide scholarships--
``(A) in an amount that does not exceed
$5,000 per student; and
``(B) for not more than one year of
undergraduate study.
``(d) STEM or Health-Related Scholars Program.--
``(1) Grant for scholarships.--The Secretary shall
award grants under this subsection to provide
scholarship support to eligible students.
``(2) Eligible students.--A student is eligible for
scholarship under this subsection if the student--
``(A) meets the requirements of section
484(a);
``(B) is a full-time student who has
completed at least the first year of
undergraduate study;
``(C) is enrolled in a program of
undergraduate instruction leading to a
bachelor's degree with a major in science,
technology, engineering, mathematics, or a
health-related field; and
``(D) has obtained a cumulative grade point
average of at least a 3.0 (or the equivalent as
determined under regulation prescribed by the
Secretary) at the end of the most recently
completed term.
``(3) Priority for scholarships.--The Governor of a
State may set a priority for awarding scholarships
under this subsection for students agreeing to work in
areas of science, technology, engineering, mathematics,
or health-related fields.
``(4) Amount and duration of scholarship.--The
Secretary shall award a grant under this subsection to
provide scholarships--
``(A) in an amount that does not exceed
$5,000 per student for an academic year; and
``(B) in an aggregate amount that does not
exceed $20,000 per student.
``(e) Matching Requirement.--In order to receive a grant
under this section, a State shall provide matching funds for
the scholarships awarded under this section in an amount equal
to 50 percent of the Federal funds received.
``(f) Authorization.--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 five succeeding
fiscal years.
``(g) Definition.--The term `Governor' means the chief
executive officer of a State.
``PART C--BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN
HIGH-GROWTH OCCUPATIONS OR INDUSTRIES
``SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN
HIGH-GROWTH OCCUPATIONS OR INDUSTRIES.
``(a) Purpose.--The purpose of this section is to provide
grants to institutions of higher education partnering with
employers to--
``(1) provide relevant job skill training in high-
growth and high-wage industries or occupations to
nontraditional students; and
``(2) strengthen ties between degree credit
offerings at institutions of higher education and
business and industry workforce needs.
``(b) Authorization.--
``(1) In general.--From the amounts appropriated
under subsection (k), the Secretary shall award grants,
on a competitive basis, to eligible partnerships for
the purpose provided in subsection (a).
``(2) Duration.--The Secretary shall award grants
under this section for a period of not less than 36
months and not more than 60 months.
``(3) Supplement, not supplant.--Funds made
available under this section shall be used to
supplement, and not supplant, other Federal, State, and
local funds available to the eligible partnership for
carrying out the activities described in subsection
(c).
``(c) Use of Funds.--In consultation with all of the
members of an eligible partnership, grant funds provided under
this section may be used to--
``(1) expand or create for-credit academic programs
or programs of training that provide relevant job skill
training for high-growth and high-wage occupations or
industries, including offerings connected to registered
apprenticeship programs and entrepreneurial training
opportunities;
``(2) in consultation with faculty in the
appropriate departments of an institution of higher
education, adapt college offerings to the schedules and
needs of working students, such as the creation of
evening, weekend, modular, compressed, or distance
learning formats;
``(3) purchase equipment that will facilitate the
development of academic programs or programs of
training that provide training for high-growth and
high-wage occupations or industries;
``(4) strengthen outreach efforts that enable
students, including students with limited English
proficiency, to attend institutions of higher education
with academic programs or programs of training focused
on high-growth and high-wage occupations or industries;
``(5) expand worksite learning and training
opportunities, including registered apprenticeships as
appropriate; and
``(6) support other activities the Secretary
determines to be consistent with the purpose of this
section.
``(d) Application.--
``(1) In general.--Each eligible partnership that
desires a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such additional information
as the Secretary may require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include a description of--
``(A) how the eligible partnership, through
the institution of higher education, will
provide relevant job skill training for
students to enter high-growth and high-wage
occupations or industries; and
``(B) how the eligible partnership has
consulted with employers and, where applicable,
labor organizations to identify local high-
growth and high-wage occupations or industries.
``(e) Award Basis.--In awarding grants under this section,
the Secretary shall--
``(1) give priority to applications focused on
serving nontraditional students;
``(2) ensure an equitable distribution of grant
funds under this section among urban and rural areas of
the United States; and
``(3) take into consideration the capability of an
institution of higher education that is participating
in an eligible partnership to--
``(A) offer one- or two-year high-quality
programs of instruction and job skill training
for students entering a high-growth and high-
wage occupation or industry;
``(B) involve the local business community,
and to place graduates in employment in high-
growth and high-wage occupations or industries
in the community; and
``(C) serve adult workers or displaced
workers.
``(f) Administrative Costs.--A grantee under this section
may use not more than five percent of the grant amount to pay
administrative costs associated with activities funded by the
grant.
``(g) Technical Assistance.--The Secretary shall provide
technical assistance to grantees under this section throughout
the grant period.
``(h) Evaluation.--The Secretary shall conduct an
evaluation of the effectiveness of the program under this
section based on performance standards developed in
consultation with the Department of Labor, and shall
disseminate to the public the findings of such evaluation and
information related to promising practices developed under this
section.
``(i) Report to Congress.--Not later than 36 months after
the first grant is awarded under this section, the Comptroller
General shall report to the authorizing committees
recommendations--
``(1) for changes to this Act and related Acts,
such as the Carl D. Perkins Career and Technical
Education Act of 2006 and the Workforce Investment Act
of 1998 (including titles I and II), to help create and
sustain business and industry workforce partnerships at
institutions of higher education; and
``(2) for other changes to this Act and related
Acts to otherwise strengthen the links between business
and industry workforce needs, workforce development
programs, and other degree credit offerings at
institutions of higher education.
``(j) Definitions.--In this section:
``(1) Eligible partnership.--
``(A) In general.--The term `eligible
partnership' means a partnership that
includes--
``(i) one or more institutions of
higher education, one of which serves
as the fiscal agent and grant recipient
for the eligible partnership;
``(ii) except as provided in
subparagraph (B), an employer, group of
employers, local board (as such term is
defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C.
2801)), or workforce intermediary, or
any combination thereof; and
``(iii) where applicable, one or
more labor organizations that represent
workers locally in the businesses or
industries that are the focus of the
partnership, including as a result of
such an organization's representation
of employees at a worksite at which the
partnership proposes to conduct
activities under this section.
``(B) State and local boards.--
Notwithstanding subparagraph (A), if an
institution of higher education that is
participating in an eligible partnership under
this section is located in a State that does
not operate local boards, an eligible
partnership may include a State board (as such
term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)).
``(C) Rule of construction.--Nothing in
this subsection shall be construed to prohibit
an eligible partnership that is in existence on
the date of enactment of the Higher Education
Opportunity Act from applying for a grant under
this section.
``(2) Nontraditional student.--The term
`nontraditional student' means a student--
``(A) who is an independent student, as
defined in section 480(d);
``(B) who attends an institution of higher
education--
``(i) on less than a full-time
basis;
``(ii) via evening, weekend,
modular, or compressed courses; or
``(iii) via distance education
methods; and
``(C) who--
``(i) enrolled for the first time
in an institution of higher education
three or more years after completing
high school; or
``(ii) works full-time.
``(k) 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
five succeeding fiscal years.
``PART D--CAPACITY FOR NURSING STUDENTS AND FACULTY
``SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY.
``(a) Authorization.--From the amounts appropriated under
subsection (f), the Secretary shall award grants to
institutions of higher education that offer--
``(1) an accredited registered 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 students in such
program; or
``(2) an accredited graduate-level nursing program
to accommodate advanced practice degrees for registered
nurses or to accommodate students enrolled in such
program to become 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 four academic years
preceding the academic year for which the determination
is made, the average number of matriculated nursing
program students, in each of the institution's
accredited associate, baccalaureate, or advanced
nursing degree programs at such institution for such
academic years;
``(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 in each of the institution's accredited
nursing programs determined under paragraph (1); and
``(3) with respect to the partnerships described in
subsection (c)(2)(B), provide assurances that--
``(A) the individuals enrolled in the
program will--
``(i) be registered nurses in
pursuit of a master's or doctoral
degree in nursing; and
``(ii) have a contractual
obligation with the hospital or health
facility that is in partnership with
the institution of higher education;
``(B) the hospital or health facility of
employment will be the clinical site for the
accredited school of nursing program, if the
program requires a clinical site;
``(C) individuals enrolled in the program
will--
``(i) maintain their employment on
at least a part-time basis with the
hospital or health facility that
allowed them to participate in the
program; and
``(ii) receive an income from the
hospital or health facility, as at
least a part-time employee, and release
times or flexible schedules, to
accommodate their program requirements,
as necessary; and
``(D) upon completion of the program,
recipients of scholarships described in
subsection (c)(2)(B)(ii)(III) will be required
to teach for two years in an accredited school
of nursing for each year of support the
individual received under this section.
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after
academic year 2009-2010, 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 by which--
``(A) the number of matriculated nursing
program students at such institution for such
academic year, exceeds
``(B) the average number determined with
respect to such institution under subsection
(b)(1).
``(2) Distribution of grants among different degree
programs.--
``(A) In general.--Subject to subparagraph
(D), 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
accredited 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 accredited
registered nurse 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
accredited registered nurse programs at
the associate degree level.
``(B) Optional uses of funds.--Grants
awarded under this section may be used to
support partnerships with hospitals or health
facilities to--
``(i) improve the alignment between
nursing education and the emerging
challenges of health care delivery by--
``(I) the purchase of
distance learning technologies
and expanding methods of
delivery of instruction to
include alternatives to onsite
learning; and
``(II) the collection,
analysis, and dissemination of
data on educational outcomes
and best practices identified
through the activities
described in this section; and
``(ii) ensure that students can
earn a salary while obtaining an
advanced degree in nursing with the
goal of becoming nurse faculty by--
``(I) funding release time
for qualified nurses enrolled
in the graduate nursing
program;
``(II) providing for
faculty salaries; or
``(III) providing
scholarships to qualified
nurses in pursuit of an
advanced degree with the goal
of becoming faculty members in
an accredited nursing program.
``(C) Considerations in making awards.--In
awarding grants under this section, the
Secretary shall consider the following:
``(i) Geographic distribution.--
Providing an equitable geographic
distribution of such grants.
``(ii) Urban and rural areas.--
Distributing such grants to urban and
rural areas.
``(iii) 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,
including institutions providing
alternative methods of delivery of
instruction in addition to on-site
learning.
``(D) 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 accredited nursing
programs described in such clause, the
Secretary shall use equal amounts of the
remaining funds to award grants under this
section to applicants that applied under the
other categories of nursing programs.
``(E) Limitation.--Of the amount
appropriated to carry out this section, the
Secretary may award not more than ten percent
of such amount for the optional purposes under
subparagraph (B).
``(d) Definition.--For purposes of this section:
``(1) Health facility.--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.
``(2) Accredited.--The terms `accredited school of
nursing' and `accredited nursing program' have the
meaning given those terms in section 801 of the Public
Health Service Act (42 U.S.C. 296).
``(e) Prohibition.--
``(1) In general.--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.
``(f) 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
five succeeding fiscal years.
``PART E--AMERICAN HISTORY FOR FREEDOM
``SEC. 805. AMERICAN HISTORY FOR FREEDOM.
``(a) Grants Authorized.--From the amounts appropriated
under subsection (f), the Secretary is authorized to award
three-year grants, on a competitive basis, to eligible
institutions to establish or strengthen postsecondary academic
programs or centers that promote and impart knowledge of--
``(1) traditional American history;
``(2) the history and nature of, and threats to,
free institutions; or
``(3) the history and achievements of Western
civilization.
``(b) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education
as defined in section 101.
``(2) Free institution.--The term `free
institution' means an institution that emerged out of
Western civilization, such as democracy, constitutional
government, individual rights, market economics,
religious freedom and religious tolerance, and freedom
of thought and inquiry.
``(3) Traditional american history.--The term
`traditional American history' means--
``(A) the significant constitutional,
political, intellectual, economic, and foreign
policy trends and issues that have shaped the
course of American history; and
``(B) the key episodes, turning points, and
leading figures involved in the constitutional,
political, intellectual, diplomatic, and
economic history of the United States.
``(c) Application.--
``(1) In general.--Each eligible institution 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 reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include a description of--
``(A) how funds made available under this
section will be used for the activities set
forth under subsection (e), including how such
activities will increase knowledge with respect
to traditional American history, free
institutions, or Western civilization;
``(B) how the eligible institution will
ensure that information about the activities
funded under this section is widely
disseminated pursuant to subsection (e)(1)(B);
``(C) any activities to be undertaken
pursuant to subsection (e)(2)(A), including
identification of entities intended to
participate;
``(D) how funds made available under this
section shall be used to supplement and not
supplant non-Federal funds available for the
activities described in subsection (e); and
``(E) such fiscal controls and accounting
procedures as may be necessary to ensure proper
disbursement of and accounting for funding made
available to the eligible institution under
this section.
``(d) Award Basis.--In awarding grants under this section,
the Secretary shall take into consideration the capability of
the eligible institution to--
``(1) increase access to quality programming that
expands knowledge of traditional American history, free
institutions, or Western civilization;
``(2) involve personnel with strong expertise in
traditional American history, free institutions, or
Western civilization; and
``(3) sustain the activities funded under this
section after the grant has expired.
``(e) Use of Funds.--
``(1) Required use of funds.--Funds provided under
this section shall be used to--
``(A) establish or strengthen academic
programs or centers focused on traditional
American history, free institutions, or Western
civilization, which may include--
``(i) design and implementation of
programs of study, courses, lecture
series, seminars, and symposia;
``(ii) development, publication,
and dissemination of instructional
materials;
``(iii) research;
``(iv) support for faculty teaching
in undergraduate and, if applicable,
graduate programs;
``(v) support for graduate and
postgraduate fellowships, if
applicable; or
``(vi) teacher preparation
initiatives that stress content mastery
regarding traditional American history,
free institutions, or Western
civilization; and
``(B) conduct outreach activities to ensure
that information about the activities funded
under this section is widely disseminated--
``(i) to undergraduate students
(including students enrolled in teacher
education programs, if applicable);
``(ii) to graduate students
(including students enrolled in teacher
education programs, if applicable);
``(iii) to faculty;
``(iv) to local educational
agencies; and
``(v) within the local community.
``(2) Allowable uses of funds.--Funds provided
under this section may be used to support--
``(A) collaboration with entities such as--
``(i) local educational agencies,
for the purpose of providing elementary
and secondary school teachers an
opportunity to enhance their knowledge
of traditional American history, free
institutions, or Western civilization;
and
``(ii) nonprofit organizations
whose mission is consistent with the
purpose of this section, such as
academic organizations, museums, and
libraries, for assistance in carrying
out activities described under
subsection (a); and
``(B) other activities that meet the
purposes of this section.
``(f) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2009
and each of the five succeeding fiscal years.
``PART F--TEACH FOR AMERICA
``SEC. 806. TEACH FOR AMERICA.
``(a) Definitions.--For purposes of this section:
``(1) Grantee.--The term `grantee' means Teach For
America, Inc.
``(2) Highly qualified.--The term `highly
qualified' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of
1965 or section 602 of the Individuals with
Disabilities Education Act.
``(3) High-need local educational agency.--The term
`high-need local educational agency' has the meaning
given such term in section 200.
``(b) Grants Authorized.--From the amounts appropriated
under subsection (f), the Secretary is authorized to award a
five-year grant to Teach For America, Inc., the national
teacher corps of outstanding recent college graduates who
commit to teach for two 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 section 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
section 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 preservice training to such
teachers through a rigorous summer institute
that includes hands-on teaching experience and
significant exposure to education coursework
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
two 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 section to support activities
related directly to the recruitment, selection,
training, and support of teachers as described in
subsection (b), except that funds may be used for non-
programmatic costs in accordance with subsection
(f)(2).
``(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 section;
``(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 subsection (f), the Secretary shall
provide for a study that examines the
achievement levels of the students taught by
the teachers assisted under this section.
``(B) Student 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
section with the achievement gains made by
students taught by teachers who are not
assisted under this section.
``(C) Requirements.--The Secretary shall
provide for such a study not less than once
every three years, and each such study shall
include multiple placement sites and multiple
schools within placement sites.
``(D) Peer review standards.--Each such
study shall meet the peer review standards of
the education research community. Further, the
peer review standards shall ensure that
reviewers are practicing researchers and have
expertise in assessment systems,
accountability, psychometric measurement and
statistics, and instruction.
``(3) Accounting, financial reporting, and internal
control systems.--
``(A) In general.--The grantee shall
contract with an independent auditor to conduct
a comprehensive review of the grantee's
accounting, financial reporting, and internal
control systems. Such review shall assess
whether that grantee's accounting, financial
reporting, and internal control systems are
designed to--
``(i) provide information that is
complete, accurate, and reliable;
``(ii) reasonably detect and
prevent material misstatements, as well
as fraud, waste, and abuse; and
``(iii) provide information to
demonstrate the grantee's compliance
with related Federal programs, as
applicable.
``(B) Review requirements.--Not later than
90 days after the grantee receives funds to
carry out this section for the first fiscal
year in which funds become available to carry
out this section after the date of enactment of
the Higher Education Opportunity Act, the
independent auditor shall complete the review
required by this paragraph.
``(C) Report.--Not later than 120 days
after the grantee receives funds to carry out
this section for the first fiscal year in which
funds become available to carry out this
section after the date of enactment of the
Higher Education Opportunity Act, the
independent auditor shall submit a report to
the authorizing committees and the Secretary of
the findings of the review required under this
paragraph, including any recommendations of the
independent auditor, as appropriate, with
respect to the grantee's accounting, financial
reporting, and internal control systems.
``(f) Authorization of Appropriations.--
``(1) In general.--The amount authorized to be
appropriated to carry out this section shall not
exceed--
``(A) $20,000,000 for fiscal year 2009;
``(B) $25,000,000 for fiscal year 2010; and
``(C) such sums as may be necessary for
each of the four succeeding fiscal years.
``(2) Limitation.--The grantee shall not use more
than 5 percent of Federal funds made available under
this section for non-programmatic costs to carry out
this section.
``PART G--PATSY T. MINK FELLOWSHIP PROGRAM
``SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM.
``(a) Purpose; Designation.--
``(1) In general.--It is the purpose of this
section to provide, through eligible institutions, a
program of fellowship awards to assist highly qualified
minorities and women to acquire the doctoral degree, or
highest possible degree available, in academic areas in
which such individuals are underrepresented for the
purpose of enabling such individuals to enter the
higher education professoriate.
``(2) Designation.--Each recipient of a fellowship
award from an eligible institution receiving a grant
under this section shall be known as a `Patsy T. Mink
Graduate Fellow'.
``(b) Eligible Institution.--In this section, the term
`eligible institution' means an institution of higher
education, or a consortium of such institutions, that offers a
program of postbaccalaureate study leading to a graduate
degree.
``(c) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--From the amounts
appropriated under subsection (f), the
Secretary shall award grants to eligible
institutions to enable such institutions to
make fellowship awards to individuals in
accordance with the provisions of this section.
``(B) Priority consideration.--In awarding
grants under this section, the Secretary shall
consider the eligible institution's prior
experience in producing doctoral degree, or
highest possible degree available, holders who
are minorities and women, and shall give
priority consideration in making grants under
this section to those eligible institutions
with a demonstrated record of producing
minorities and women who have earned such
degrees.
``(2) Applications.--
``(A) In general.--An eligible institution
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.
``(B) Applications made on behalf.--The
following entities may submit an application on
behalf of an eligible institution:
``(i) A graduate school or
department of such institution.
``(ii) A graduate school or
department of such institution in
collaboration with an undergraduate
college or school of such institution.
``(iii) An organizational unit
within such institution that offers a
program of postbaccalaureate study
leading to a graduate degree, including
an interdisciplinary or an
interdepartmental program.
``(C) Partnership.--In developing a grant
application and carrying out the grant
activities authorized under this section, an
eligible institution may partner with a
nonprofit organization with a demonstrated
record of helping minorities and women earn
postbaccalaureate degrees.
``(3) Selection of applications.--In awarding
grants under paragraph (1), the Secretary shall--
``(A) take into account--
``(i) the number and distribution
of minority and female faculty
nationally;
``(ii) the current and projected
need for highly trained individuals in
all areas of the higher education
professoriate; and
``(iii) the present and projected
need for highly trained individuals in
academic career fields in which
minorities and women are
underrepresented in the higher
education professoriate; and
``(B) consider the need to prepare a large
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 faculty.
``(4) Distribution and amounts of grants.--
``(A) Equitable distribution.--In awarding
grants under this section, the Secretary shall,
to the maximum extent feasible, ensure an
equitable geographic distribution of awards and
an equitable distribution among public and
private eligible institutions that apply for
grants under this section and that demonstrate
an ability to achieve the purpose of this
section.
``(B) Special rule.--To the maximum extent
practicable, the Secretary shall use not less
than 30 percent of the amount appropriated
pursuant to subsection (f) to award grants to
eligible institutions that are eligible for
assistance under title III or title V, or to
consortia of eligible institutions that include
at least one eligible institution that is
eligible for assistance under title III or
title V.
``(C) Allocation.--In awarding grants under
this section, the Secretary shall allocate
appropriate funds to those eligible
institutions whose applications indicate an
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 section.
``(D) Number of fellowship awards.--An
eligible institution that receives a grant
under this section shall make not less than ten
fellowship awards.
``(E) Insufficient funds.--If the amount
appropriated is not sufficient to permit all
grantees under this section to provide the
minimum number of fellowships required by
subparagraph (D), the Secretary may, after
awarding as many grants to support the minimum
number of fellowships as such amount
appropriated permits, award grants that do not
require the grantee to award the minimum number
of fellowships required by such subparagraph.
``(5) Institutional allowance.--
``(A) In general.--
``(i) Number of allowances.--In
awarding grants under this section, the
Secretary shall pay to each eligible
institution awarded a grant, for each
individual awarded a fellowship by such
institution under this section, an
institutional allowance.
``(ii) Amount.--Except as provided
in subparagraph (C), for academic year
2009-2010 and succeeding academic
years, an institutional allowance under
this paragraph shall be in an amount
equal to the amount of institutional
allowance made to an institution of
higher education under section 715 for
such academic year.
``(B) Use of funds.--Institutional
allowances may be expended at the discretion of
the eligible institution and may be used to
provide, except as prohibited under
subparagraph (D), academic support and career
transition services for individuals awarded
fellowships by such institution.
``(C) Reduction.--The institutional
allowance paid under subparagraph (A) shall be
reduced by the amount the eligible institution
charges and collects from a fellowship
recipient for tuition and other expenses as
part of the recipient's instructional program.
``(D) Use for overhead prohibited.--Funds
made available under this section may not be
used for general operational overhead of the
academic department or institution receiving
funds under this section.
``(d) Fellowship Recipients.--
``(1) Authorization.--An eligible institution that
receives a grant under this section shall use the grant
funds to make fellowship awards to minorities and women
who are enrolled at such institution in a doctoral
degree program, or program for the highest possible
degree available, and--
``(A) intend to pursue a career in
instruction at--
``(i) an institution of higher
education (as the term is defined in
section 101);
``(ii) an institution of higher
education (as the term is defined in
section 102(a)(1)); and
``(iii) a proprietary institution
of higher education (as the term is
defined in section 102(b)); and
``(B) sign an agreement with the Secretary
agreeing--
``(i) to begin employment at an
institution described in subparagraph
(A) not later than three years after
receiving the doctoral degree or
highest possible degree available,
which three-year period may be extended
by the Secretary for extraordinary
circumstances; and
``(ii) to be employed by such
institution for one year for each year
of fellowship assistance received under
this section.
``(2) Repayment for failure to comply.--In the
event that any recipient of a fellowship under this
section fails or refuses to comply with the agreement
signed pursuant to paragraph (1)(B), the sum of the
amounts of any fellowship received by such recipient
shall, upon a determination of such a failure or
refusal to comply, be treated as a Federal Direct
Unsubsidized Stafford Loan under part D of title IV,
and shall be subject to repayment, together with
interest thereon accruing from the date of the grant
award, in accordance with terms and conditions
specified by the Secretary in regulations under this
section.
``(3) Waiver and modification.--
``(A) Regulations.--The Secretary shall
promulgate regulations setting forth criteria
to be considered in granting a waiver for the
service requirement under paragraph (1)(B).
``(B) Content.--The criteria under
subparagraph (A) shall include whether
compliance with the service requirement by the
fellowship recipient would be--
``(i) inequitable and represent an
extraordinary hardship; or
``(ii) deemed impossible because
the individual is permanently and
totally disabled at the time of the
waiver request.
``(4) Amount of fellowship awards.--Fellowship
awards under this section shall consist of a stipend in
an amount equal to the level of support provided to
fellows under the National Science Foundation Graduate
Research Fellowship Program, except that such stipend
shall be adjusted as necessary so as not to exceed the
fellow's tuition and fees or demonstrated need (as
determined by the institution of higher education where
the graduate student is enrolled), whichever is
greater.
``(5) Academic progress required.--An individual
student shall not be eligible to receive a fellowship
award--
``(A) except during periods in which such
student is enrolled, and such student is
maintaining satisfactory academic progress in,
and devoting essentially full time to, study or
research in the pursuit of the degree for which
the fellowship support was awarded; and
``(B) if the student is engaged in gainful
employment, other than part-time employment in
teaching, research, or similar activity
determined by the eligible institution to be
consistent with and supportive of the student's
progress toward the appropriate degree.
``(e) Rule of Construction.--Nothing in this section shall
be construed to require an eligible institution that receives a
grant under this section--
``(1) to grant a preference to or to differentially
treat any applicant for a faculty position as a result
of the institution's participation in the program under
this section; or
``(2) to hire a Patsy T. Mink Fellow who completes
this program and seeks employment at such institution.
``(f) 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
five succeeding fiscal years.
``PART H--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
``(a) In General.--From the amounts appropriated under
subsection (c), the Secretary shall award a grant to one
nonprofit organization described in subsection (b) to enable
the nonprofit organization--
``(1) to make publicly available the year-to-year
postsecondary 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 five States with significant
rural populations, each serving a significant
population of low-income students, and to carry out a
comprehensive assessment in the agencies and States of
the factors known to contribute to improved
postsecondary education enrollment rates, which factors
shall include--
``(A) the local educational agency's and
State's leadership strategies and capacities;
``(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, guidance counselors, and
administrators in supporting the transition of
secondary students to postsecondary education;
``(D) secondary school student attendance
and other factors demonstrated to be associated
with enrollment into postsecondary education;
``(E) the use of data systems by the local
educational agency and the State to measure
postsecondary education enrollment rates and
the incentives in place to motivate the efforts
of faculty and students to improve student and
schoolwide outcomes; and
``(F) strategies to mobilize student
leaders to build a college-bound culture; and
``(3) to provide comprehensive services to improve
the schoolwide postsecondary education enrollment rates
of each of not less than ten 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 postsecondary
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 schoolwide postsecondary
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 postsecondary education transition data
management system.
``(c) 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
five succeeding fiscal years.
``PART I--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER
TASK FORCE
``SEC. 811. PURPOSE.
``The purposes of this part are--
``(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, administrators, and faculty; 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,
administrators, and faculty 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. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this part, the term `early childhood education
program' means--
``(1) a Head Start program or an Early Head Start
program carried out under the Head Start Act (42 U.S.C.
9831 et seq.), including a migrant or seasonal Head
Start program or an Indian Head Start program;
``(2) a State licensed or regulated child care
program; or
``(3) a State prekindergarten program or a program
authorized under section 619 or part C of the
Individuals with Disabilities Education Act, that
serves children from birth through age six and that
addresses the children's cognitive (including language,
early literacy, and pre-numeracy), social, emotional,
and physical development.
``SEC. 813. GRANTS AUTHORIZED.
``(a) In General.--From the amounts appropriated under
section 818, the Secretary is authorized to award grants to
States in accordance with the provisions of this part to enable
such States--
``(1) to establish a State Task Force described in
section 814; and
``(2) to support activities of the State Task Force
described in section 815.
``(b) Competitive Basis.--Grants under this part shall be
awarded on a competitive basis.
``(c) Equitable Geographic Distribution.--In awarding
grants under this part, the Secretary shall take into
consideration providing an equitable geographic distribution of
such grants.
``(d) Duration.--Grants under this part shall be awarded
for a period of five years.
``SEC. 814. STATE TASK FORCE ESTABLISHMENT.
``(a) State Task Force Established.--The Governor of a
State receiving a grant under this part shall establish, or
designate an existing entity to serve as, the State Early
Childhood Education Professional Development and Career Task
Force (hereafter in this part referred to as the `State Task
Force').
``(b) Membership.--The State Task Force shall include a
representative of a State 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, the State Head Start collaboration director, and
any other entity or individual the Governor determines
appropriate.
``SEC. 815. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with the
State Advisory Council on Early Care and Education
(hereafter in this part referred to as `State Advisory
Council') or a similar State entity charged with
creating a comprehensive system of early care and
education in the State, 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
coursework;
``(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 students with disabilities; 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 may include--
``(A) methods of providing outreach to
early childhood education program staff,
directors, and administrators, including
methods for how outreach is provided to non-
English speaking providers, in order to enable
the providers to be aware of opportunities and
resources under the statewide plan;
``(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 undergraduate and
graduate education programs leading to degrees
in early childhood education by providing
assistance to pay the costs of enrollment in
and completion of such programs, which
assistance--
``(i) shall only be provided to an
individual who--
``(I) in the case of an
individual pursuing an
undergraduate or graduate
degree, 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 two- and four-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 for postsecondary education;
and
``(iii) professional development
and career advancement in the field;
``(I) enhancing the capacity and quality of
faculty and coursework 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. 816. STATE APPLICATION AND REPORT.
``(a) In General.--Each State desiring a grant under this
part 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--
``(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
815;
``(4) the availability within the State of
training, early childhood 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 two years
after receiving a grant under this part, 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 section to develop or expand the State's
early childhood education professional development and
career activities;
``(2) the ways in which the State Advisory Council
(or similar State entity) 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 part and carry out the
activities described in section 815.
``SEC. 817. EVALUATIONS.
``(a) State Evaluation.--Each State receiving a grant under
this part shall--
``(1) evaluate the activities that are assisted
under this part 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 815(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. 818. 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 five succeeding fiscal years.
``PART J--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
``SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE
HAWAIIAN STUDENTS.
``(a) Purpose.--The purposes of this section are--
``(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 such term in section 7306 of the
Elementary and Secondary Education Act of 1965.
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership that includes--
``(A) one or more colleges, schools, or
departments of engineering;
``(B) one or more colleges of science or
mathematics;
``(C) one or more institutions of higher
education that offer two-year degrees; and
``(D) one 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 postsecondary
education, 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) Institution of higher education.--The term
`institution of higher education' has the meaning given
such term in section 101(a)
``(4) 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 section under subsection (i), 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 postsecondary
education, including existing programs for Alaska Native and
Native Hawaiian students.
``(d) Uses of Funds.--Grant funds under this section shall
be used for one 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 purpose 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,
on the day before the date of enactment of the Higher Education
Opportunity Act, provides one 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 five 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 six months after the
end of the grant period.
``(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
five succeeding fiscal years.
``PART K--PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND SUCCESS
``SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND SUCCESS.
``(a) Grants Authorized.--From the amounts appropriated
under subsection (i), the Secretary is authorized to award
grants in accordance with this section, on a competitive basis,
to eligible institutions to enable the institutions to develop
programs to increase the persistence and success of low-income
college students.
``(b) Applications.--
``(1) In general.--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. An eligible institution may submit an
application to receive a grant under subsection (c) or
(d) or both.
``(2) Evaluation condition.--Each eligible
institution seeking a grant under this section shall
agree to participate in the evaluation described in
subsection (f).
``(3) Priority for replication of evidence-based
policies and practices.--In awarding grants for the
program under subsection (d), 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 degree completion by low-income
students or students in need of developmental
education.
``(c) Pilot Program To Increase Persistence and Success in
Community Colleges.--
``(1) Definitions.--In this subsection:
``(A) Eligible institution.--The term
`eligible institution' means an institution of
higher education, as defined in section 101,
that provides a one- or two-year program of
study leading to a degree or certificate.
``(B) Eligible student.--The term `eligible
student' means a student who--
``(i) is eligible to receive
assistance under section 401;
``(ii) is enrolled at least half-
time;
``(iii) is not younger than age 19;
``(iv) is the parent of at least
one dependent child, which dependent
child is age 18 or younger;
``(v) has a secondary school
diploma or its recognized equivalent;
and
``(vi) does not have a degree or
certificate from an institution of
higher education.
``(2) Uses of funds.--
``(A) Support.--The Secretary shall award
grants under this subsection to eligible
institutions to enable such institutions to
provide additional monetary and nonmonetary
support to eligible students to enable the
eligible students to maintain enrollment and
complete degree or certificate programs.
``(B) Required uses.--Each eligible
institution receiving a grant under this
subsection shall use the grant funds--
``(i) to provide scholarships in
accordance with paragraph (3); and
``(ii) to provide counseling
services in accordance with paragraph
(4).
``(C) Allowable uses of funds.--Grant funds
provided under this subsection may be used--
``(i) to conduct outreach to make
students aware of the scholarships and
counseling services available under
this subsection and to encourage the
students to participate in the program
assisted under this subsection; and
``(ii) to provide incentives of $20
or less to applicants who complete the
process of applying for assistance
under this subsection, as compensation
for the student's time.
``(3) Scholarship requirements.--
``(A) In general.--Each scholarship awarded
under this subsection shall--
``(i) be awarded for one academic
year consisting of two semesters or the
equivalent;
``(ii) require the student to
maintain, during the scholarship
period, at least half-time enrollment
and at least a 2.0 grade point average
or the equivalent;
``(iii) be awarded in the amount of
$1,000 for each of two semesters
(prorated for quarters or other
equivalents), or $2,000 for an academic
year;
``(iv) not exceed the student's
cost of attendance, as defined in
section 472; and
``(v) be paid, for each of the two
semesters, in increments of--
``(I) $250 upon enrollment
(prorated for quarters or other
equivalents);
``(II) $250 upon passing
midterm examinations or
comparable assessments
(prorated for quarters or other
equivalents); and
``(III) $500 upon passing
courses (prorated for quarters
or other equivalents).
``(B) Number.--An eligible institution may
award an eligible student not more than two
scholarships under this subsection.
``(4) Counseling services.--
``(A) In general.--Each eligible
institution receiving a grant under this
subsection shall use the grant funds to provide
students at the institution with a counseling
staff dedicated to students participating in
the program under this subsection. Each such
counselor shall--
``(i) have a caseload of less than
125 students;
``(ii) use a proactive, team-
oriented approach to counseling;
``(iii) hold a minimum of two
meetings with each student each
semester; and
``(iv) provide referrals to and
follow-up with other student services
staff, including financial aid and
career services.
``(B) Counseling services availability.--
The counseling services provided under this
subsection shall be available to participating
students during the daytime and evening hours.
``(d) Student Success Grant Pilot Program.--
``(1) Definitions.--
``(A) Eligible institution.--In this
subsection, 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 subsection, an average
of not less than 50 percent of the
institution's entering first-year students are
assessed as needing developmental courses to
bring reading, writing, or mathematics skills
up to college level.
``(B) Eligible student.--In this
subsection, the term `eligible student' means a
student who--
``(i) is eligible to receive
assistance under section 401;
``(ii) is a first-year student at
the time of entering the program;
``(iii) is assessed as needing
developmental education to bring
reading, writing, or mathematics skills
up to college level; and
``(iv) is selected by an eligible
institution to participate in the
program.
``(2) Student success grant amount.--The Secretary
shall award grants under this subsection to eligible
institutions in an amount equal to $1,500 multiplied by
the number of students the institution selects to
participate in the program in such year. An institution
shall not select more than 200 students to participate
in the program under this subsection during such year.
``(3) Required uses.--An eligible institution that
receives a grant under this subsection shall use the
grant funds to assign a student success coach to each
first-year student participating in the 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--
``(A) shall work with not more than 50 new
students during any academic period;
``(B) may be employees of academic
departments, student services offices,
community-based organizations, or other
entities as determined appropriate by the
institution; and
``(C) shall meet with each eligible student
selected for the program before registration
for courses.
``(4) Allowable uses.--An eligible institution that
receives a grant under this subsection may use the
grant funds to provide services and program innovations
for students participating in the program, including
the following:
``(A) College and career success courses
provided at no charge to participating
students. 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.
``(B) Work-study jobs with private
employers in the students' fields of study.
``(C) Learning communities that ensure that
students participating in the program 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.
``(D) 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, or 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.
``(E) Instructional support, such as
learning labs, supplemental instruction, and
tutoring.
``(F) Assistance with support services,
such as child care and transportation.
``(5) Required non-federal share.--Each institution
participating in the program under this subsection
shall provide a non-Federal share of 25 percent of the
amount of grant to carry out the activities of the
program. The non-Federal share under this subsection
may be provided in cash or in kind.
``(e) Period of Grant.--The Secretary may award a grant
under subsection (c) or (d) of this section for a period of
five years.
``(f) Technical Assistance and Evaluation.--
``(1) Contractor.--From the funds appropriated
under this section, the Secretary shall enter into a
contract with one or more private, nonprofit entities
to provide technical assistance to grantees and to
conduct the evaluations required under paragraph (3).
``(2) Evaluations.--The evaluations required under
paragraph (3) shall be conducted by entities that are
capable of designing and carrying out independent
evaluations that identify the impact of the activities
carried out by eligible institutions under this subpart
on improving persistence and success of student
participants under this subpart.
``(3) Conduct of evaluations.--The Secretary shall
conduct an evaluation of the impact of the persistence
and success grant programs as follows:
``(A) Program to increase persistence in
community colleges.--The evaluation of the
program under subsection (c) shall be conducted
using a random assignment research design with
the following requirements:
``(i) When students are recruited
for the program, all students will be
told about the program and the
evaluation.
``(ii) Baseline data will be
collected from all applicants for
assistance under subsection (c).
``(iii) Students will be assigned
randomly to two groups, which will
consist of--
``(I) a program group that
will receive the scholarship
and the additional counseling
services; and
``(II) a control group that
will receive whatever regular
financial aid and counseling
services are available to all
students at the institution of
higher education.
``(B) Student success grant program.--
Eligible institutions receiving a grant to
carry out the program under subsection (d)
shall work with the evaluator to track
persistence and completion outcomes for
students in such 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. The data shall be
broken down by gender, race, ethnicity, and age
and the evaluator shall assist institutions in
analyzing these data to compare program
participants to comparable nonparticipants,
using statistical techniques to control for
differences in the groups.
``(g) Report.--The Secretary shall--
``(1) provide a report to the authorizing
committees that includes the evaluation and information
on best practices and lessons learned during the pilot
programs described in this section; and
``(2) disseminate the report to the public by
making the report available on the Department's
website.
``(h) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement and not supplant other
Federal, State, and local funds available to the institution to
carrying out the activities described in subsections (c) and
(d).
``(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
five succeeding fiscal years. The Secretary may use not more
than two percent of the amounts appropriated to provide the
technical assistance and conduct the evaluations required under
subsection (f).
``PART L--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
``SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
``(a) Grants Authorized.--
``(1) In general.--From the amounts appropriated
under subsection (g), 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 and the
Secretary of Homeland Security.
``(3) Duration.--The Secretary shall award each
grant under this section for a period of two years.
``(4) Limitation on institutions and consortia.--An
institution of higher education or consortium shall be
eligible for only one 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.--An institution of higher
education or consortium that receives a grant under
this section shall provide the non-Federal share, which
may be provided from 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 one 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 law enforcement, local emergency
management authorities, and other agencies, to
improve coordinated responses in emergencies
among such entities;
``(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; and
``(E) acquisition and installation of
access control, video surveillance, intrusion
detection, and perimeter security technologies
and systems.
``(3) Coordinating with appropriate local entities
for 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) 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 five
succeeding fiscal years.
``SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND
PRACTICES.
``The Secretary, in consultation with the Attorney General
and the Secretary of Homeland Security, shall continue to--
``(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. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY.
``The Secretary shall continue to coordinate with the
Secretary of Homeland Security and other appropriate agencies
to develop and maintain procedures to address the preparedness,
response, and recovery needs of institutions of higher
education in the event of a natural or manmade disaster with
respect to which the President has declared a major disaster or
emergency (as such terms are defined in section 824).
``SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM.
``(a) Program Authorized.--The Secretary, in consultation
with the Secretary of Homeland Security, is authorized to
establish an Education Disaster and Emergency Relief Loan
Program for institutions of higher education impacted by a
major disaster or emergency declared by the President.
``(b) Use of Assistance.--The Secretary shall, subject to
the availability of appropriations, provide loans under this
section to institutions of higher education after the
declaration of a major disaster or emergency by the President.
Loan funds provided under this section may be used for
construction, replacement, renovation, and operations costs
resulting from a major disaster or emergency declared by the
President.
``(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 declared by the President, and
the monetary amount of such losses;
``(2) demonstrate that the institution had
appropriate insurance policies prior to the major
disaster or emergency and filed claims, as appropriate,
related to the major disaster or emergency; and
``(3) demonstrate that the institution attempted to
minimize the cost of any losses by pursuing collateral
source compensation from the Federal Emergency
Management Agency 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 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 major disaster or emergency declared by the
President, 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.--Prior to disbursing
any loans under this section, the Secretary shall prescribe
regulations that establish the Education Disaster and Emergency
Relief Loan Program, including--
``(1) terms for the loan program;
``(2) procedures for an application for a loan;
``(3) minimum requirements for the loan program and
for receiving a loan, including--
``(A) online forms to be used in submitting
request for a loan;
``(B) information to be included in such
forms; and
``(C) procedures to assist in filing and
pursuing a loan; and
``(4) any other terms and conditions the Secretary
may prescribe after taking into consideration the
structure of other existing capital financing loan
programs under this Act.
``(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; and
``(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. 2808).
``(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 (42 U.S.C. 5122(1)).
``(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 (42 U.S.C. 5122(2)).
``(h) Effective Date.--Loans provided to institutions of
higher education pursuant to this section shall be available
only with respect to major disasters or emergencies declared by
the President that occur after the date of the enactment of the
Higher Education Opportunity Act, except that loans may be
provided pursuant to this section to an institution affected by
a Gulf hurricane disaster with respect to such disaster.
``(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
five succeeding fiscal years.
``SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY.
``(a) Guidance.--The Secretary shall continue to 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 section 444 of the General
Education Provisions Act (the Family Educational Rights and
Privacy Act of 1974) shall not be liable to any person for that
disclosure.
``(b) Information to Congress.--The Secretary shall provide
an update to the authorizing committees on the Secretary's
activities under subsection (a) not later than 180 days after
the date of enactment of the Higher Education Opportunity Act.
``SEC. 826. RULE OF CONSTRUCTION.
``Nothing in this part 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 section 444 of the General
Education Provisions Act (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).
``PART M--LOW TUITION
``SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION.
``(a) Rewards for Low Tuition.--
``(1) Grants.--From funds made available under
subsection (e), the Secretary shall award grants to
institutions of higher education that, for academic
year 2009-2010 or any succeeding academic year--
``(A) have an annual tuition and fee
increase, expressed as a percentage change, for
the most recent academic year for which
satisfactory data is available, that is in the
lowest 20 percent of such increases for each
category described in subsection (b);
``(B) are public institutions of higher
education that have tuition and fees that are
in the lowest quartile of for institutions in
each category described in subsection (b)(1),
(b)(4), or (b)(7); or
``(C) are public institutions of higher
education that have a tuition and fee increase
of less than $600 for a first-time, full-time
undergraduate student.
``(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) Categories of Institutions.--The categories of
institutions described in subsection (a) shall be the
following:
``(1) four-year public institutions of higher
education;
``(2) four-year private, nonprofit institutions of
higher education;
``(3) four-year private, for-profit institutions of
higher education;
``(4) two-year public institutions of higher
education;
``(5) two-year private, nonprofit institutions of
higher education;
``(6) two-year private, for-profit institutions of
higher education;
``(7) less than two-year public institutions of
higher education;
``(8) less than two-year private, nonprofit
institutions of higher education; and
``(9) less than two-year private, for-profit
institutions of higher education.
``(c) 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) Four-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 and fees
are in the lowest quartile of institutions in
the same category as described under subsection
(b); 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, 2009, and for each of the
four succeeding continuous academic years, the
tuition and fees charged to an undergraduate
student will not exceed--
``(i) for a public institution of
higher education, $600 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 the
student first enrolled in the
institution of higher
education, plus
``(II) the percentage
change in tuition and fees at
the institution for the three
most recent academic years for
which data is available,
multiplied by the amount
determined under subclause (I).
``(3) Less-than four-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 institutions in the same
category as described under subsection (b); 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, 2009, and for each of the
1.5 succeeding continuous academic years, the
tuition and fees charged to an undergraduate
student will not exceed--
``(i) for a public institution of
higher education, $600 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 the
student first enrolled in the
institution of higher
education, plus
``(II) the percentage
change in tuition and fees at
the institution for the three
most recent academic years for
which data is available,
multiplied by the amount
determined under subclause (I).
``(d) Definitions.--In this section, the terms `tuition and
fees' and `net price' have the meaning given to such terms in
section 132 of this Act.
``(e) Authorization.--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 five succeeding
fiscal years.
``PART N--COOPERATIVE EDUCATION
``SEC. 831. STATEMENT OF PURPOSE; DEFINITION.
``(a) Purpose.--It is the purpose of this part to award
grants to institutions of higher education or consortia of such
institutions to encourage such institutions to develop and make
available to their students 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. 832. RESERVATIONS.
``(a) Reservations.--Of the amount appropriated to carry
out this part in each fiscal year--
``(1) not less than 50 percent shall be available
for awarding grants to institutions of higher education
and consortia of such institutions described in section
833(a)(1)(A) for cooperative education under section
833;
``(2) not less than 25 percent shall be available
for awarding grants to institutions of higher education
described in section 833(a)(1)(B) for cooperative
education under section 833;
``(3) not to exceed 11 percent shall be available
for demonstration projects under paragraph (1) of
section 834(a);
``(4) not to exceed 11 percent shall be available
for training and resource centers under paragraph (2)
of section 834(a); and
``(5) not to exceed 3 percent shall be available
for research under paragraph (3) of section 834(a).
``(b) Availability of Appropriations.--Amounts appropriated
under this part shall not be used for the payment of
compensation of students for employment by employers
participating in a program under this part.
``SEC. 833. GRANTS FOR COOPERATIVE EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized,
from the amount available to carry out this section
under section 835 in each fiscal year and in accordance
with the provisions of this part--
``(A) to award grants to institutions of
higher education or consortia of such
institutions that have not received a grant
under this paragraph in the ten-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
consortia 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 Federal share of 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 consortia 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 an amount that bears the same ratio to
the amount reserved pursuant to section
832(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
834 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 that
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
that 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 subparagraphs (A) and (B) of
paragraph (1) to the same institution of higher
education or consortia of such institution in any one
fiscal year.
``(5) Uses.--Grants awarded under paragraph (1)(B)
shall be used exclusively--
``(A) to expand the quality of and
participation in a cooperative education
program;
``(B) for outreach to potential
participants in new curricular areas; and
``(C) for outreach to potential
participants including underrepresented and
nontraditional populations.
``(b) Applications.--Each institution of higher education
or consortium 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 amount of grant funds to be used for such
program or activities;
``(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 that assures, that the
applicant will continue the cooperative education
program beyond the five-year period of Federal
assistance described in subsection (c)(1) at a level
that 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 two-year program
that 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 satisfactorily met the needs of 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 ensure
proper disbursement of, and accounting for, Federal
funds paid to the applicant under this part;
``(11) demonstrate a commitment to serving
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 consortium of
such institutions--
``(A) a grant pursuant to subsection
(a)(1)(A) for more than five fiscal years; or
``(B) a grant pursuant to subsection
(a)(1)(B) for more than five 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.--Notwithstanding any other
provision of law, the Secretary may not waive the
provisions of paragraphs (1) and (2).
``(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 consortia of such institutions for
programs that 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 satisfactorily met the
needs of public and private sector employers;
``(B) the strength of the commitment of the
institution of higher education or consortium
of such institutions to cooperative education
as demonstrated by the plans and formalized
institutional commitment statement which such
institution or consortium has made to continue
the program after the termination of Federal
financial assistance;
``(C) the extent to which the institution
or consortium of institutions is committed to
extending cooperative education for 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
consortia of such institutions that demonstrate a
commitment to serving underserved populations attending
such institutions.
``SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND
RESOURCE CENTERS; AND RESEARCH.
``(a) Authorization.--From the amounts appropriated under
section 835, 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 832(a)(3), for the conduct of
demonstration projects designed to demonstrate or
determine the effectiveness of innovative methods of
cooperative education;
``(2) from the amounts available in each fiscal
year under section 832(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) provide 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 that 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 832(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 consortia
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 contribute to the objectives of
this section.
``(2) Limitation.--
``(A) Contracts with institutions of higher
education.--The Secretary may use not more than
three percent of the amount appropriated to
carry out this section in each fiscal year to
enter into contracts described in paragraph
(1)(A).
``(B) Contracts with other agencies or
organizations.--The Secretary may use not more
than three 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 to
supplement funds 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.
``SEC. 835. 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 five succeeding fiscal years.
``PART O--COLLEGE PARTNERSHIP GRANTS
``SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated to
carry out this section, 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 has employed
strategies described in section 486A(d); or
``(2) include--
``(A) one or more junior or community
colleges (as defined by section 312(f)) that
award associate's degrees; and
``(B) one 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) 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.
``(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
five succeeding fiscal years.
``PART P--JOBS TO CAREERS
``SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
``(a) Purpose.--The purpose of this section is to provide
grants on a competitive basis to institutions of higher
education for the purpose of improving developmental education
to help students move more rapidly into for-credit occupational
courses and into better jobs that may require a certificate or
degree.
``(b) Authorization of Program.--From amounts appropriated
to carry out this section, the Secretary shall award grants, on
a competitive basis, to institutions of higher education, as
defined in section 101(a), to create workforce bridge programs
between developmental courses and for-credit courses in
occupational certificate programs that are articulated to
degree programs. Such workforce bridge programs shall focus
on--
``(1) improving developmental education, including
English language instruction, by customizing
developmental education to student career goals; and
``(2) helping students move rapidly from
developmental coursework into for-credit occupational
courses and through program completion.
``(c) Application.--An institution of higher education
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 reasonably require.
``(d) 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.
``(e) Required Activity.--An institution of higher
education that receives a grant under this section shall use
the grant funds to create workforce bridge programs to
customize developmental education curricula, including English
language instruction, to reflect the content of for-credit
occupational certificate or degree programs, or clusters of
such programs, in which developmental education students are
enrolled or plan to enroll. Such workforce bridge programs
shall integrate the curricula and the instruction of the
developmental and college-level coursework.
``(f) Permissible Activities.--An institution of higher
education that receives a grant under this section may use the
grant funds to carry out one or more of the following
activities:
``(1) Designing and implementing innovative ways to
improve retention in and completion of developmental
education courses, including enrolling students in
cohorts, accelerating course content, 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, reconfiguring courses offered
on-site during standard academic terms for modular,
compressed, or other alternative schedules, or for
distance-learning formats, to meet the needs of working
adults.
``(3) Developing counseling strategies that address
the needs of students in remedial education courses,
and including counseling students on career options and
the range of programs available, such as certificate
programs that are articulated to degree programs and
programs designed to facilitate transfer to four-year
institutions of higher education.
``(4) Improving the quality of teaching in remedial
courses through professional development,
reclassification of such teaching positions, or other
means the institution of higher education determines
appropriate.
``(5) Any other activities the institution of
higher education and the Secretary determine will
promote retention of, and completion by, students
attending institutions of higher education.
``(g) Grant Period.--Grants made under this section shall
be for a period of not less than three years and not more than
five years.
``(h) Technical Assistance.--The Secretary shall provide
technical assistance to recipients of, and applicants for,
grants under this section.
``(i) Report and Summary.--Each institution of higher
education that receives a grant under this section shall report
to the Secretary on the effectiveness of the program in
enabling students to move rapidly from developmental coursework
into for-credit occupational courses and through program
completion. The Secretary shall summarize the reports, identify
best practices, and disseminate the information from such
summary and identification to the public.
``(j) Authorization of Appropriations.--There are
authorized to carry out this section such sums as may be
necessary for fiscal year 2009 and each of the five succeeding
fiscal years.
``PART Q--RURAL DEVELOPMENT GRANTS FOR RURAL-SERVING COLLEGES AND
UNIVERSITIES
``SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER EDUCATION.
``(a) Purposes.--The purposes of this section are--
``(1) to increase enrollment and graduation rates
of secondary school graduates and nontraditional
students from rural areas at two-year and four-year
institutions of higher education, and their
articulation from two-year degree programs into four-
year degree programs; and
``(2) to promote economic growth and development in
rural America through partnership grants to consortia
of rural-serving institutions of higher education,
local educational agencies, and regional employers.
``(b) Definitions.--For the purposes of this section:
``(1) Rural-serving institution of higher
education.--The term `rural-serving 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 that is defined, identified, or otherwise
recognized as rural by a governmental agency of the
State in which the area is located.
``(3) Nontraditional student.--The term
`nontraditional student' means an individual who--
``(A) delays enrollment in an institution
of higher education by three or more years
after secondary school graduation;
``(B) attends an institution of higher
education part-time; or
``(C) attends an institution of higher
education and--
``(i) works full-time;
``(ii) is an independent student,
as defined in section 480;
``(iii) has one or more dependents
other than a spouse;
``(iv) is a single parent; or
``(v) does not have a secondary
school diploma or the recognized
equivalent of such a diploma.
``(4) Regional employer.--The term `regional
employer' means an employer within a rural area.
``(c) Partnership.--
``(1) Required partners.--A rural-serving
institution of higher education, or a consortium of
rural-serving institutions of higher education, that
receives a grant under this section shall carry out the
activities of the grant in partnership with--
``(A) one or more local educational
agencies serving a rural area; and
``(B) one or more regional employers or
local boards (as such term is defined in
section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)) serving a rural area.
``(2) Optional partners.--A rural-serving
institution of higher education, or a consortium of
rural-serving institutions of higher education, that
receives a grant under this section, may carry out the
activities of the grant in partnership with--
``(A) an educational service agency (as
defined in section 9101 of the Elementary and
Secondary Education Act of 1965); or
``(B) a nonprofit organization with
demonstrated expertise in rural education at
the secondary and postsecondary levels.
``(d) Grants Authorized.--
``(1) In general.--From amounts made available
under subsection (g), the Secretary is authorized to
award grants, on a competitive basis, to eligible
rural-serving institutions of higher education or a
consortium of such institutions, to carry out the
activities described in subsection (f).
``(2) Duration.--A grant awarded under this section
shall be awarded for a period not to exceed three
years.
``(3) Maximum and minimum grants.--No grant awarded
under this section shall be less than $200,000.
``(4) Special considerations.--In awarding grants
under this section, the Secretary shall give special
consideration to applications that demonstrate the most
potential and propose the most promising and innovative
approaches for--
``(A) increasing the percentage of
graduates of rural secondary schools attending
rural-serving institutions of higher education;
``(B) meeting the employment needs of
regional employers with graduates of rural-
serving institutions of higher education; and
``(C) improving the health of the regional
economy of a rural area through a partnership
of local educational agencies serving the rural
area, rural-serving institutions of higher
education, and regional employers.
``(5) Limitation.--A rural-serving institution of
higher education shall not receive more than one grant
under this section.
``(e) Applications.--Each rural-serving institution of
higher education desiring a grant under this section shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
``(f) Required Use of Funds.--A rural-serving institution
of higher education that receives a grant under this section
shall use grant funds for at least three of the following four
purposes:
``(1) To improve postsecondary enrollment rates for
rural secondary school students at rural-serving
institutions of higher education, which may include--
``(A) programs to provide students and
families with counseling related to applying
for postsecondary education, and Federal and
State financial assistance for postsecondary
education;
``(B) programs that provide students and
families of rural high schools access and
exposure to campuses, classes, programs, and
internships of rural-serving institutions of
higher education, including covering the cost
of transportation to and from such
institutions; and
``(C) other initiatives that assist
students and families in applying for and
developing interest in attending rural-serving
institutions of higher education.
``(2) To increase enrollment rates of
nontraditional students in degree programs at rural-
serving institutions of higher education, which may
include--
``(A) programs to provide nontraditional
students with counseling related to applying
for postsecondary education, and Federal and
State financial assistance for postsecondary
education;
``(B) community outreach initiatives to
encourage nontraditional students to enroll in
a rural-serving institution of higher
education; and
``(C) programs to improve the enrollment of
nontraditional students in two-year degree
programs and the transition of nontraditional
students articulating from two-year degree
programs to four-year degree programs.
``(3) To create or strengthen academic programs at
rural-serving institutions of higher education to
prepare graduates to enter into high-need occupations
in the regional and local economies.
``(4) To provide additional career training to
students of rural-serving institutions of higher
education in fields relevant to the regional economy.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as many be necessary for fiscal year 2009 and each of the
five succeeding fiscal years.
``PART R--CAMPUS-BASED DIGITAL THEFT PREVENTION
``SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION.
``(a) Program Authority.--From the amounts appropriated
under subsection (d), the Secretary may make grants to
institutions of higher education, or consortia of such
institutions, and 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 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.
``(b) Awards.--Grants and contracts shall be awarded under
this section on a competitive basis.
``(c) Applications.--An institution of higher education or
a consortium of such institutions that desires to receive a
grant or contract under this section 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.
``(d) 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
five succeeding fiscal years.
``PART S--TRAINING FOR REALTIME WRITERS
``SEC. 872. 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 section, the Secretary shall award
grants, on a competitive basis, to eligible entities
under paragraph (2) 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
section, an eligible entity is a court reporting
program that--
``(A) has a curriculum capable of training
realtime writers qualified to provide
captioning services;
``(B) is accredited by an accrediting
agency or association recognized by the
Secretary; 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 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 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 up to five years.
``(5) Maximum amount of grant.--The amount of a
grant provided under this subsection to an eligible
entity may not exceed $1,500,000 for the period of the
grant.
``(b) Application.--
``(1) In general.--To receive a grant under
subsection (a), an eligible entity shall submit an
application to the Secretary 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 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 boards (as defined
in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801)) 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, on
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 curricula to more
effectively train individuals in 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 providing 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 the purposes described in this
paragraph.
``(2) Scholarships.--
``(A) Amount.--The amount of a scholarship
under paragraph (1)(B) shall be based on the
amount of need of the scholarship recipient 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)
for the amount of the scholarship received.
``(C) Coursework and employment.--The
Secretary 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. The
Secretary may waive, in whole or in part, the
requirements for repayment of scholarship
amounts on the basis of economic conditions
which may affect the ability 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 five
percent of the grant amount to pay administrative costs
associated with activities funded by the grant. The
Secretary shall use not more than five percent of the
amount available for grants under this section in any
fiscal year for administrative costs of the program.
``(4) Supplement not supplant.--Grant amounts under
this section 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) Report.--
``(1) In general.--Each eligible entity receiving a
grant under subsection (a) shall submit to the
Secretary, at the end of the grant period, a report on
the activities of such entity with respect to the use
of grant amounts during the grant period.
``(2) Report information.--Each report of an
eligible entity under paragraph (1) shall include--
``(A) an assessment by the entity of the
effectiveness of activities carried out using
such funds in increasing the number of realtime
writers, using the performance measures
submitted by the eligible entity in the
application for the grant under subsection
(b)(2); and
``(B) a description of the best practices
identified by the eligible entity for
increasing the number of individuals who are
trained, employed, and retained in employment
as realtime writers.
``(3) Summaries.--The Secretary shall summarize the
reports submitted under paragraph (2) and make such
summary available on the Department's website.
``(e) 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
five succeeding fiscal years.
``PART T--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 873. 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 subsection (f), 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 three 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 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 student
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 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 ongoing 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 veteran students
living in institutional facilities and
commuting veteran students.
``(E) Cultural events, academic programs,
orientation programs, and other activities
designed to ease the transition to campus life
for veteran 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 veterans in achieving
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.
``(f) 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
five succeeding fiscal years.
``PART U--UNIVERSITY SUSTAINABILITY PROGRAMS
``SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to
carry out this section, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall make grants to eligible entities to
establish sustainability programs to design and
implement sustainability practices, including in the
areas of energy management, greenhouse gas emissions
reductions, 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) shall extend over a
period of not more than four fiscal years.
``(3) Definition of eligible entity.--For purposes
of this part, the term `eligible entity' means--
``(A) an institution of higher education;
or
``(B) a nonprofit consortium, 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 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 this 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 pursuant to
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 an
institution of higher education that test,
model, and analyze principles of
sustainability.
``(B) To establish multidisciplinary
education, research, and outreach programs at
an institution 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, greenhouse gas emissions
reductions, green building, waste management,
purchasing, toxics management, transportation,
and other aspects of sustainability.
``(E) To support student, faculty, and
staff work at an institution of higher
education to implement, research, and evaluate
sustainable practices.
``(F) To expand sustainability literacy on
campus.
``(G) To integrate sustainability curricula
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
nonprofit consortium, association, alliance, or
collaboration operating in 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 regarding sustainability.
``(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 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.
``(f) 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
five succeeding fiscal years.
``PART V--MODELING AND SIMULATION PROGRAMS
``SEC. 891. 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 task
force within the Department to study modeling and
simulation and to support the development of the
modeling and simulation field. The activities of such
task force 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) Task force membership.--The membership of the
task force 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
Institutes 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;
``(E) national modeling and simulation
organizations; and
``(F) the Office of Science and Technology
Policy.
``(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
three-year period, and such grant period may be
extended for not more than two 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 multidisciplinary
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 complement
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
three-year period, and such grant period may be
extended for not more than two 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 into 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) purchase equipment necessary for a
modeling and simulation program.
``(e) 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
five 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 W--PATH TO SUCCESS
``SEC. 892. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this section 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, career,
and technical skills and credentials necessary to
strengthen the Nation's workforce;
``(2) provide counseling, as appropriate, for
eligible individuals participating in the programs to
allow the eligible 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, career, and technical skills
after being in detention, or incarcerated, particularly
resources related to health, housing, job training, and
workplace 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 individual
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.--From the amounts
appropriated under subsection (g), 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 section, at least one of the
following:
``(A) A certificate of completion for a
specialized area of study, such as career and
technical training and other alternative
postsecondary educational programs.
``(B) An associate's degree.
``(2) Grant period.--A grant awarded under this
part shall be for one four-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. Such application 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 shall give priority to community
colleges that propose to serve the highest number of
priority individuals, and, among such community
colleges, shall give priority to 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), including as
appropriate, courses necessary for the
completion of a secondary school diploma or the
recognized equivalent;
``(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 that
is--
``(A) specifically designed to help
eligible individuals with the potential
challenges of the transitional period from
detention to release;
``(B) created in consultation with guidance
counselors, academic advisors, law enforcement
officials, and other community resources; and
``(C) 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 subparagraph (A) or (B) of subsection
(b)(1), including as appropriate courses necessary for
the completion of a secondary school diploma or the
recognized equivalent;
``(2) provide a variety of academic programs, with
various completion requirements, to accommodate the
diverse academic backgrounds, learning styles, and
academic and career interests of the eligible
individuals who participate in the education 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 degree
described in subparagraph (A) or (B) 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 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 section:
``(1) Community college.--The term `community
college' has the meaning given the term `junior or
community college' in section 312(f).
``(2) Eligible individual.--The term `eligible
individual' means an individual who--
``(A) is 16 to 25 years of age (inclusive);
and
``(B)(i) has been convicted of a criminal
offense; and
``(ii) is detained in, or has been released
from, a juvenile detention center or secure
juvenile justice residential facility.
``(3) Gang-related offense.--
``(A) In general.--The term `gang-related
offense' means an offense that involves the
circumstances described in subparagraph (B) and
that is--
``(i) a Federal or State felony
involving a controlled substance (as
defined in section 102 of the
Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is
not less than five years;
``(ii) a Federal or State crime of
violence that has as an element the use
or attempted use of physical force
against the person of another for which
the maximum penalty is not less than
six months; or
``(iii) a conspiracy to commit an
offense described in clause (i) or
(ii).
``(B) Circumstances.--The circumstances
described in this subparagraph are that the
offense described in subparagraph (A) was
committed by a person who--
``(i) participates in a criminal
street gang (as defined in section
521(a) of title 18, United States Code)
with knowledge that such gang's members
engage in or have engaged in a
continuing series of offenses described
in subparagraph (A); and
``(ii) intends to promote or
further the felonious activities of the
criminal street gang or maintain or
increase the person's position in the
gang.
``(4) Priority individual.--The term `priority
individual' means an individual who--
``(A) is an eligible individual;
``(B) has been convicted of a gang-related
offense; and
``(C) has served or is serving a period of
detention in a juvenile detention center or
secure juvenile justice residential facility
for such offense.
``(5) Guidance counselor.--The term `guidance
counselor' means an individual who works with at-risk
youth on a one-on-one basis, to establish 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.
``(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
five succeeding fiscal years.
``PART X--SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT PROGRAM
``SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT PROGRAM.
``(a) In General.--From the amounts appropriated under
subsection (g), the Secretary of Health and Human Services
shall award competitive grants to eligible entities for the
purpose of improving public health preparedness through
increasing the number of veterinarians in the workforce.
``(b) Eligible Entities.--To be eligible to receive a grant
under subsection (a), an entity shall--
``(1) be--
``(A) a public or other nonprofit school of
veterinary medicine that is accredited by a
nationally recognized accrediting agency or
association recognized by the Secretary of
Education pursuant to part H of title IV;
``(B) a public or nonprofit, department of
comparative medicine, department of veterinary
science, school of public health, or school of
medicine that is accredited by a nationally
recognized accrediting agency or association
recognized by the Secretary of Education
pursuant to part H of title IV and that offers
graduate training for veterinarians in a public
health practice area as determined by the
Secretary of Health and Human Services; or
``(C) a public or nonprofit entity that--
``(i) conducts recognized residency
training programs for veterinarians
that are approved by a veterinary
specialty organization that is
recognized by the American Veterinary
Medical Association; and
``(ii) offers postgraduate training
for veterinarians in a public health
practice area as determined by the
Secretary of Health and Human Services;
and
``(2) prepare and submit to the Secretary of Health
and Human Services an application, at such time, in
such manner, and containing such information as the
Secretary of Health and Human Services may require.
``(c) Consideration of Applications.--The Secretary of
Health and Human Services shall establish procedures to ensure
that applications under subsection (b)(2) are rigorously
reviewed and that grants are competitively awarded based on--
``(1) the ability of the applicant to increase the
number of veterinarians who are trained in specified
public health practice areas as determined by the
Secretary of Health and Human Services;
``(2) the ability of the applicant to increase
capacity in research on high priority disease agents;
or
``(3) any other consideration the Secretary of
Health and Human Services determines necessary.
``(d) Preference.--In awarding grants under subsection (a),
the Secretary of Health and Human Services shall give
preference to applicants that demonstrate a comprehensive
approach by involving more than one school of veterinary
medicine, department of comparative medicine, department of
veterinary science, school of public health, school of
medicine, or residency training program that offers
postgraduate training for veterinarians in a public health
practice area as determined by the Secretary of Health and
Human Services.
``(e) Use of Funds.--Amounts received under a grant under
this section shall be used by a grantee to increase the number
of veterinarians in the workforce through paying costs
associated with the expansion of academic programs at schools
of veterinary medicine, departments of comparative medicine,
departments of veterinary science, or entities offering
residency training programs, or academic programs that offer
postgraduate training for veterinarians or concurrent training
for veterinary students in specific areas of specialization,
which costs may include minor renovation and improvement in
classrooms, libraries, and laboratories.
``(f) Definition of Public Health Practice Area.--In this
section, the term `public health practice area' includes the
areas of bioterrorism and emergency preparedness, environmental
health, food safety and food security, regulatory medicine,
diagnostic laboratory medicine, and biomedical research.
``(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
five succeeding fiscal years. Amounts appropriated under this
subsection shall remain available until expended.
``PART Y--EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM
``SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.
``(a) Demonstration Program Authority.--
``(1) In general.--The Secretary is authorized to
carry out an Early Federal Pell Grant Commitment
Demonstration Program under which--
``(A) the Secretary awards grants to four
State educational agencies, in accordance with
paragraph (2), to pay the administrative
expenses incurred in participating in the
demonstration program under this section; and
``(B) the Secretary awards Federal Pell
Grants to participating students in accordance
with this section and consistent with section
401.
``(2) Grants.--
``(A) In general.--From amounts
appropriated under subsection (h) for a fiscal
year, the Secretary is authorized to award
grants to four State educational agencies to
enable the State educational agencies to pay
the administrative expenses incurred in
participating in the demonstration program
under this section by carrying out a
demonstration project under which eighth grade
students described in subsection (b)(1)(B)
receive a commitment early in the students'
academic careers to receive a Federal Pell
Grant.
``(B) Equal amounts.--The Secretary shall
award grants under this section in equal
amounts to each of the four participating State
educational agencies.
``(b) Demonstration Project Requirements.--Each of the four
demonstration projects assisted under this section shall meet
the following requirements:
``(1) Participants.--
``(A) In general.--The State educational
agency shall make participation in the
demonstration project available to two cohorts
of students, which shall consist of--
``(i) one cohort of eighth grade
students who begin participating in the
first academic year for which funds
have been appropriated to carry out
this section; and
``(ii) one cohort of eighth grade
students who begin participating in the
academic year succeeding the academic
year described in clause (i).
``(B) Students in each cohort.--Each cohort
of students shall consist of not more than
10,000 eighth grade students who qualify for a
free or reduced price school lunch under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
``(2) Student data.--The State educational agency
shall ensure that student data from local educational
agencies serving students who participate in the
demonstration project, as well as student data from
local educational agencies serving a comparable group
of students who do not participate in the demonstration
project, are available for evaluation of the
demonstration project, and are made available in
accordance with the requirements of section 444 of the
General Education Provisions Act (the Family
Educational Rights and Privacy Act of 1974).
``(3) Federal pell grant commitment.--Each student
who participates in the demonstration project receives
a commitment from the Secretary to receive a Federal
Pell Grant during the first academic year that the
student is in attendance at an institution of higher
education as an undergraduate, provided that the
student applies for Federal financial aid (via the
FAFSA or EZ FAFSA) for such academic year.
``(4) Application process.--Each State educational
agency shall establish an application process to select
local educational agencies within the State to
participate in the demonstration project in accordance
with subsection (d)(2).
``(5) Local educational agency participation.--
Subject to the 10,000 statewide student limitation
described in paragraph (1), a local educational agency
serving students, not less than 50 percent of whom are
eligible for a free or reduced price school lunch under
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), shall be eligible to
participate in the demonstration project.
``(c) State Educational Agency Applications.--
``(1) In general.--Each State educational agency
desiring to participate in the demonstration program
under this section shall submit an application to the
Secretary at such time and in such manner as the
Secretary may require.
``(2) Contents.--Each application shall include--
``(A) a description of the proposed
targeted information campaign for the
demonstration project and a copy of the plan
described in subsection (f)(2);
``(B) a description of the student
population that will receive an early
commitment to receive a Federal Pell Grant
under this section;
``(C) an assurance that the State
educational agency will fully cooperate with
the ongoing evaluation of the demonstration
project; and
``(D) such other information as the
Secretary may require.
``(d) Selection Considerations.--
``(1) Selection of state educational agencies.--In
selecting State educational agencies to participate in
the demonstration program under this section, the
Secretary shall consider--
``(A) the number and quality of State
educational agency applications received;
``(B) a State educational agency's--
``(i) financial responsibility;
``(ii) administrative capability;
``(iii) commitment to focusing
resources, in addition to any resources
provided on students who receive
assistance under part A of title I of
the Elementary and Secondary Education
Act of 1965;
``(iv) ability and plans to run an
effective and thorough targeted
information campaign for students
served by local educational agencies
eligible to participate in the
demonstration project; and
``(v) ability to ensure the
participation in the demonstration
project of a diverse group of students,
including with respect to ethnicity and
gender.
``(2) Local educational agency.--In selecting local
educational agencies to participate in a demonstration
project under this section, the State educational
agency shall consider--
``(A) the number and quality of local
educational agency applications received;
``(B) a local educational agency's--
``(i) financial responsibility;
``(ii) administrative capability;
``(iii) commitment to focusing
resources on students who receive
assistance under part A of title I of
the Elementary and Secondary Education
Act of 1965;
``(iv) ability and plans to run an
effective and thorough targeted
information campaign for students
served by the local educational agency;
and
``(v) ability to ensure the
participation in the demonstration
project of a diverse group of students.
``(e) Evaluation.--
``(1) In general.--From amounts appropriated under
subsection (h) for a fiscal year, the Secretary shall
reserve not more than $1,000,000 to award a grant or
contract to an organization outside the Department for
an independent evaluation of the impact of the
demonstration program assisted under this section.
``(2) Competitive basis.--The grant or contract
shall be awarded on a competitive basis.
``(3) Matters evaluated.--The evaluation described
in this subsection shall--
``(A) determine the number of students who
were encouraged by the demonstration program to
pursue higher education;
``(B) identify the barriers to the
effectiveness of the demonstration program;
``(C) assess the cost-effectiveness of the
demonstration program in improving access to
higher education;
``(D) identify the reasons why participants
in the demonstration program either received or
did not receive a Federal Pell Grant;
``(E) identify intermediate outcomes
related to postsecondary education attendance,
such as whether participants--
``(i) were more likely to take a
college-preparatory curriculum while in
secondary school;
``(ii) submitted any applications
to institutions of higher education;
and
``(iii) took the PSAT, SAT, or ACT;
``(F) identify the number of students
participating in the demonstration program who
pursued an associate's degree or a bachelor's
degree, or other postsecondary education;
``(G) compare the findings of the
demonstration program with respect to
participants to comparison groups (of similar
size and demographics) that did not participate
in the demonstration program; and
``(H) identify the impact of the
demonstration program on the parents of
students eligible to participate in the
program.
``(4) Dissemination.--The findings of the
evaluation shall be reported to the Secretary, who
shall widely disseminate the findings to the public.
``(f) Targeted Information Campaign.--
``(1) In general.--Each State educational agency
receiving a grant under this section shall, in
cooperation with the participating local educational
agencies within the State and the Secretary, develop a
targeted information campaign for the demonstration
project assisted under this section.
``(2) Plan.--Each State educational agency
receiving a grant under this section shall include in
the application submitted under subsection (c) a
written plan for the State educational agency proposed
targeted information campaign. The plan shall include
the following:
``(A) Outreach.--A description of the
outreach to students and the students' families
at the beginning and end of each academic year
of the demonstration project, at a minimum.
``(B) Distribution.--A description of how
the State educational agency plans to provide
the outreach described in subparagraph (A) and
to provide the information described in
subparagraph (C).
``(C) Information.--The annual provision by
the State educational agency to all students
and families participating in the demonstration
project of information regarding--
``(i) the estimated statewide
average cost of attendance for an
institution of higher education for
each academic year, which cost data
shall be disaggregated by--
``(I) type of institution,
including--
``(aa) two-year
public degree-granting
institutions of higher
education;
``(bb) four-year
public degree-granting
institutions of higher
education; and
``(cc) four-year
private degree-granting
institutions of higher
education;
``(II) component,
including--
``(aa) tuition and
fees; and
``(bb) room and
board;
``(ii) Federal Pell Grants,
including--
``(I) the maximum Federal
Pell Grant for each award year;
``(II) when and how to
apply for a Federal Pell Grant;
and
``(III) what the
application process for a
Federal Pell Grant requires;
``(iii) State-specific
postsecondary education savings
programs;
``(iv) State merit-based financial
aid;
``(v) State need-based financial
aid; and
``(vi) Federal financial aid
available to students, including
eligibility criteria for such aid and
an explanation of the Federal financial
aid programs under title IV, such as
the Student Guide published by the
Department (or any successor to such
document).
``(3) Cohorts.--The information described in
paragraph (2)(C) shall be provided annually to the two
successive cohorts of students described in subsection
(b)(1)(A) for the duration of the students'
participation in the demonstration project.
``(4) Reservation.--Each State educational agency
receiving a grant under this section shall reserve not
more than 15 percent of the grant funds received each
fiscal year to carry out the targeted information
campaign described in this subsection.
``(g) Supplement, Not Supplant.--A State educational agency
shall use grant funds received under this section only to
supplement the funds that would, in the absence of such grant
funds, be made available from non-Federal sources for students
participating in the demonstration project under this section,
and not to supplant such funds.
``(h) 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
five succeeding fiscal years.
``PART Z--HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES
``SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES.
``(a) Grants Authorized.--From the amounts appropriated
under subsection (c), the Secretary is authorized to award a
grant to the University of Hawaii Academy for Creative Media
for the establishment, maintenance, and periodic modernization
of the Henry Kuualoha Giugni Kupuna Memorial Archives at the
University of Hawaii.
``(b) Use of Funds.--The Henry Kuualoha Giugni Kupuna
Memorial Archives shall use the grant funds received under this
section--
``(1) to facilitate the acquisition of a secure
web-accessible repository of Native Hawaiian historical
data rich in ethnic and cultural significance to the
United States for preservation and access by future
generations;
``(2) to award scholarships to facilitate access to
postsecondary education for students who cannot afford
such education;
``(3) to support programmatic efforts associated
with the web-based media projects of the archives;
``(4) to create educational materials, from the
contents of the archives, that are applicable to a
broad range of indigenous students, such as Native
Hawaiians, Alaskan Natives, and Native American
Indians;
``(5) to develop outreach initiatives that
introduce the archival collections to elementary
schools and secondary schools;
``(6) to develop supplemental web-based resources
that define terms and cultural practices innate to
Native Hawaiians;
``(7) to rent, lease, purchase, maintain, or repair
educational facilities to house the archival
collections;
``(8) to rent, lease, purchase, maintain, or repair
computer equipment for use by elementary schools and
secondary schools in accessing the archival
collections;
``(9) to provide preservice and in-service teacher
training to develop a core group of kindergarten
through grade 12 teachers who are able to provide
instruction in a way that is relevant to the unique
background of indigenous students, such as Native
Hawaiians, Alaskan Natives, and Native American
Indians, in order to--
``(A) facilitate greater understanding by
teachers of the unique background of indigenous
students; and
``(B) improve student achievement; and
``(10) to increase the economic and financial
literacy of postsecondary education students through
the dissemination of best practices used at other
institutions of higher education regarding debt and
credit management and economic decisionmaking.
``(c) 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
five succeeding fiscal years.
``PART AA--MASTERS AND POSTBACCALAUREATE PROGRAMS
``SEC. 897. MASTERS DEGREE PROGRAMS.
``In addition to any amounts appropriated under section
725, there are authorized to be appropriated, and there are
appropriated, out of any funds in the Treasury not otherwise
appropriated, $11,500,000 for fiscal year 2009 and for each of
the five succeeding fiscal years to carry out subpart 4 of part
A of title VII in order to provide grants under sections 723
and 724, in the minimum amount authorized under such sections,
to all institutions eligible for grants under such sections.
``SEC. 898. POSTBACCALAUREATE PROGRAMS.
``In addition to any amounts appropriated under part B of
title V, there are authorized to be appropriated, and there are
appropriated, out of any funds in the Treasury not otherwise
appropriated, $11,500,000 for fiscal year 2009 and for each of
the five succeeding fiscal years to carry out part B of title
V.''.
SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMATION AND
DIGITAL TECHNOLOGIES.
(a) Establishment.--There shall be established, during the
first fiscal year for which appropriations are made available
under subsection (c), a nonprofit corporation to be known as
the National Center for Research in Advanced Information and
Digital Technologies, which shall not be an agency or
establishment of the Federal Government. The Center shall be
subject to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia
Nonprofit Corporation Act (sec. 29-501 et seq., D.C. Official
Code).
(b) Purpose.--The purpose of the Center shall be to support
a comprehensive research and development program to harness the
increasing capacity of advanced information and digital
technologies to improve all levels of learning and education,
formal and informal, in order to provide Americans with the
knowledge and skills needed to compete in the global economy.
(c) Funding.--
(1) Authorization of appropriations.--There are
authorized to be appropriated to the Center such sums
as may be necessary for fiscal year 2009 and each of
the five succeeding fiscal years.
(2) Additional funds.--The Center is authorized--
(A) to accept funds from any Federal agency
or entity;
(B) to accept, hold, administer, and spend
any gift, devise, or bequest of real or
personal property made to the Center; and
(C) to enter into competitive contracts
with individuals, public or private
organizations, professional societies, and
government agencies for the purpose of carrying
out the functions of the Center.
(3) Prohibition.--The Center shall not accept
gifts, devises, or bequests from a foreign government
or foreign source.
(d) Board of Directors; Vacancies; Compensation.--
(1) In general.--A Board of the Center shall be
established to oversee the administration of the
Center.
(2) Initial composition.--The initial Board shall
consist of nine members to be appointed by the
Secretary of Education from recommendations received
from the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the
majority leader of the Senate, and the minority leader
of the Senate, who--
(A) reflect representation from the public
and private sectors;
(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;
(C) shall not be in a position to benefit
financially directly from the contracts and
grants to eligible institutions under
subsection (f)(2); and
(D) may not be officers or employees of the
Federal Government or a Member of Congress
serving at the time of such appointment.
(3) Vacancies and subsequent appointments.--To the
extent not inconsistent with paragraph (2), in the case
of a vacancy on the Board due to death, resignation, or
removal, the vacancy shall be filled through nomination
and selection by the sitting members of the Board
after--
(A) taking into consideration the
composition of the Board; and
(B) soliciting recommendations from the
public.
(4) Compensation.--Members of the Board shall serve
without compensation but may be reimbursed for
reasonable expenses for transportation, lodging, and
other expenses directly related to their duties as
members of the Board.
(5) 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.
(e) Director and Staff.--
(1) Director.--The Board shall appoint a Director
of the Center after conducting a national, competitive
search to find an individual with the appropriate
expertise, experience, and knowledge to oversee the
operations of the Center.
(2) Staff.--In accordance with procedures
established by the Board, the Director shall employ
individuals to carry out the functions of the Center.
(3) Compensation.--In no case shall the Director or
any employee of the Center receive annual compensation
that exceeds an amount equal to the annual rate payable
for level II of the Executive Schedule under section
5313 of title 5, United States Code.
(f) Center Activities.--
(1) Uses of funds.--The Director, after
consultation with the Board, shall use the funds made
available to the Center--
(A) to support research to improve
education, teaching, and learning that is in
the public interest, but that is determined
unlikely to be undertaken entirely with private
funds;
(B) to support--
(i) precompetitive research,
development, and demonstrations;
(ii) assessments of prototypes of
innovative digital learning and
information technologies, as well as
the components and tools needed to
create such technologies; and
(iii) pilot testing and evaluation
of prototype systems described in
clause (ii); and
(C) to encourage the widespread adoption
and use of effective, innovative digital
approaches to improving education, teaching,
and learning.
(2) Contracts and grants.--
(A) In general.--To carry out the
activities described in paragraph (1), the
Director, with the agreement of two-thirds of
the members of the Board, may award, on a
competitive basis, contracts and grants to
four-year institutions of higher education,
museums, libraries, nonprofit organizations,
public institutions with or without for-profit
partners, for-profit organizations, and
consortia of any such entities.
(B) Public domain.--
(i) In general.--The research and
development properties and materials
associated with any project funded by a
grant or contract under this section
shall be freely and nonexclusively
available to the general public in a
timely manner, consistent with
regulations prescribed by the Secretary
of Education.
(ii) Exemption.--The Director may
waive the requirements of clause (i)
with respect to a project funded by a
grant or contract under this section
if--
(I) the Director and the
Board (by a unanimous vote of
the Board members) 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; and
(II) the Board issues a
public statement as to the
specific reasons of the
determination under subclause
(I).
(C) Peer review.--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 based on
recommendations from the fields served and from
the Board.
(g) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than December 30
of each year beginning in fiscal year 2009, the
Director shall prepare and submit to the
Secretary of Education and the authorizing
committees a report that contains the
information described in subparagraph (B) with
respect to the preceding fiscal year.
(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
determines appropriate;
(ii) evidence of coordination with
the Department of Education, the
National Science Foundation, Office of
the Director of Defense Research and
Engineering in the Department of
Defense, and other related Federal
agencies to carry out the operations
and activities of the Center;
(iii) a comprehensive and detailed
inventory of funds distributed from the
Center during the fiscal year for which
the report is being prepared; and
(iv) an independent audit of the
Center'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 year for activities of
the Center; and
(ii) an estimate of the funds that
will be expended by the Center for such
year.
(2) Testimony.--The Director and principal officers
of the Center shall testify before the authorizing
committees and the Committees on Appropriations of the
House of Representatives and the Senate, upon request
of such committees, with respect to--
(A) any report required under paragraph
(1)(A); and
(B) any other matter that such committees
may determine appropriate.
(h) Use of Funds Subject to Appropriations.--The authority
to award grants, enter into contracts, or otherwise expend
funds under this section is subject to the availability of
amounts deposited into the Center under subsection (c), or
amounts otherwise appropriated for such purposes by an Act of
Congress.
(i) Definitions.--For purposes of this section:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(2) Board.--The term ``Board'' means the Board of
the Center appointed under subsection (d)(1).
(3) Center.--The term ``Center'' means the National
Center for Research in Advanced Information and Digital
Technologies established under subsection (a).
(4) Director.--The term ``Director'' means the
Director of the Center appointed under subsection
(e)(1).
SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated
pursuant to subsection (e), the Secretary of Education
(referred to in this section as the ``Secretary'') shall make
grants on a competitive basis to not more than ten 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 such sums as may
be necessary for fiscal years 2009 and 2010.
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)--
(i) by striking ``elementary and
secondary education programs'' and
inserting ``Clerc Center''; and
(ii) by striking ``section
618(a)(1)(A)'' and inserting ``section
618(a)(1)'';
(C) in paragraph (4), in subparagraph (C)--
(i) by moving the margins 2 ems to
the left;
(ii) in clause (i), by striking
``(6)'' and inserting ``(8)''; and
(iii) 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) 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; 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
the State that has adopted and implemented the
standards and assessments selected under subparagraph
(A)(i); 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)(1), by striking the second
sentence; 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. CULTURAL EXPERIENCES GRANTS.
(a) Cultural Experiences Grants.--Title I of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by
adding at the end the following:
``PART C--OTHER PROGRAMS
``SEC. 121. CULTURAL EXPERIENCES GRANTS.
``(a) In General.--The Secretary is authorized to, on a
competitive basis, make grants to, and enter into contracts and
cooperative agreements with, eligible entities to support the
activities described in subsection (b).
``(b) Activities.--In carrying out this section, the
Secretary shall support activities providing cultural
experiences, through appropriate nonprofit organizations with a
demonstrated proficiency in providing such activities, that--
``(1) enrich the lives of deaf and hard-of-hearing
children and adults;
``(2) increase public awareness and understanding
of deafness and of the artistic and intellectual
achievements of deaf and hard-of-hearing persons; or
``(3) promote the integration of hearing, deaf, and
hard-of-hearing persons through shared cultural,
educational, and social experiences.
``(c) Applications.--An eligible entity that desires to
receive a grant, or enter into a contract or cooperative
agreement, 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) 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
five succeeding fiscal years.''.
(b) Conforming Amendment.--The title heading of title I of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.)
is amended by adding at the end the following: ``; OTHER
PROGRAMS''.
SEC. 905. 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. 906. 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 one 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 ``section 203'' and inserting ``of NTID
programs and activities''.
SEC. 907. 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 2009
through 2014''.
SEC. 908. 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. 909. 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'' both places it appears and inserting ``fiscal
years 2009 through 2014''.
SEC. 910. 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. 911. 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 the University or the NTID, who are residing outside
of the United States, and are not enrolled in a degree
program at the University or the NTID 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
2009-2010 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, 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.
``(c) Reduction of Surcharge.--
``(1) In general.--Beginning with the academic year
2009-2010, 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 $5,345, measured in 2005 United States dollars, as
adjusted by the Secretary to reflect inflation since 2005.''.
SEC. 912. 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. 913. 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 the
term 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 Higher Education
Opportunity Act''; 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 2009 and 2010''.
SEC. 914. 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 2009 through
2014''; and
(2) in subsection (b), by striking ``fiscal years
1998 through 2003'' and inserting ``fiscal years 2009
through 2014''.
PART B--UNITED STATES INSTITUTE OF PEACE ACT
SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT.
(a) Powers and Duties.--Section 1705(b)(3) of the United
States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended
by striking ``the Arms Control and Disarmament Agency,''.
(b) Board of Directors.--
(1) Amendments.--Section 1706 of the United States
Institute of Peace Act (22 U.S.C. 4605) is amended--
(A) by striking ``(b)(5)'' each place the
term appears and inserting ``(b)(4)''; and
(B) in subsection (e), by adding at the end
the following:
``(5) The term of a member of the Board shall not
commence until the member is confirmed by the Senate
and sworn in as a member of the Board.''.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect as if enacted on June
1, 2007, and shall apply to any member of the Board of
Directors of the Institute of Peace confirmed by the
Senate and sworn in as a member of the Board of
Directors on or after such date.
(c) Funding.--Section 1710 of the United States Institute
of Peace Act (22 U.S.C. 4609) is amended--
(1) in subsection (a)(1), by striking ``to be
appropriated'' and all that follows through the period
at the end and inserting ``to be appropriated such sums
as may be necessary for fiscal years 2009 through
2014.''; and
(2) by adding at the end the following:
``(d) Extension.--Any authorization of appropriations made
for the purposes of carrying out this title shall be extended
in the same manner as applicable programs are extended under
section 422 of the General Education Provisions Act.''.
PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION
AMENDMENTS OF 1992
SEC. 931. REPEALS.
The following provisions of title VIII of the Higher
Education Amendments of 1998 (Public Law 105-244) are repealed:
(1) Part A.
(2) Part C (20 U.S.C. 1070 note).
(3) Part F (20 U.S.C. 1862 note).
(4) Part J.
(5) Section 861.
(6) Section 863.
SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED INDIVIDUALS.
Section 821 of the Higher Education Amendments of 1998 (20
U.S.C. 1151) is amended to read as follows:
``SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED INDIVIDUALS.
``(a) Definition.--In this section, the term `incarcerated
individual' means a male or female offender who is--
``(1) 35 years of age or younger; and
``(2) incarcerated in a State prison, including a
prerelease facility.
``(b) Grant Program.--The Secretary of Education (in this
section referred to as the `Secretary')--
``(1) shall establish a program in accordance with
this section to provide grants to the State
correctional education agencies in the States to assist
and encourage incarcerated individuals who have
obtained a secondary school diploma or its recognized
equivalent to acquire educational and job skills
through--
``(A) coursework to prepare such
individuals to pursue a postsecondary education
certificate, an associate's degree, or
bachelor's degree while in prison;
``(B) the pursuit of a postsecondary
education certificate, an associate's degree,
or bachelor's degree while in prison; and
``(C) employment counseling and other
related services, which start during
incarceration and end not later than two years
after release from incarceration; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies 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 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 career and
technical training;
``(2) lists the accredited public or private
educational institution or institutions that will
provide 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 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 program is to be
integrated with existing State correctional education
programs (such as adult education, graduate education
degree programs, and career and technical training) and
State industry programs;
``(6) describes how the proposed program will--
``(A) deliver services under this section;
and
``(B) utilize technology to deliver such
services; and
``(7) describes how incarcerated individuals will
be selected so that only those eligible under
subsection (e) will be enrolled in postsecondary
programs.
``(d) Program Requirements.--Each State correctional
education agency 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;
``(B) any objectives or requirements
established by the Secretary pursuant to
subsection (b)(2);
``(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;
``(D) how the funds provided under this
section are being allocated among postsecondary
preparatory education, postsecondary academic
programs, and career and technical education
programs; and
``(E) the service delivery methods being
used for each course offering; and
``(2) provide 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) Student Eligibility.--An incarcerated individual who
has obtained a secondary school diploma or its recognized
equivalent shall be eligible for participation in a program
receiving a grant under this section if such individual--
``(1) is eligible to be released within seven years
(including an incarcerated individual who is eligible
for parole within such time);
``(2) is 35 years of age or younger; and
``(3) has not been convicted of--
``(A) a `criminal offense against a victim
who is a minor' or a `sexually violent
offense', as such terms are defined in the
Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (42
U.S.C. 14071 et seq.); or
``(B) murder, as described in section 1111
of title 18, United States Code.
``(f) Length of Participation.--A State correctional
education agency receiving a grant under this section shall
provide educational and related services to each participating
incarcerated individual for a period not to exceed seven years,
not more than two years of which may be devoted to study in a
graduate education degree program or to coursework to prepare
such individuals to take college level courses. Educational and
related services shall start during the period of incarceration
in prison or prerelease, and the related services may continue
for not more than two years after release from confinement.
``(g) Education Delivery Systems.--State correctional
education agencies and cooperating institutions shall, to the
extent practicable, use high-tech applications in developing
programs to meet the requirements and goals of this section.
``(h) Allocation of Funds.--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
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.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal years 2009 through 2014.''.
SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL PROGRAM.
Section 841 of the Higher Education Amendments of 1998 (20
U.S.C. 1153) is amended--
(1) in subsection (a), by inserting ``, including
the lessons to be drawn from such history'' after
``Railroad'';
(2) in subsection (b)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) to establish a facility to--
``(A) house, display, interpret, and
communicate information regarding the artifacts
and other materials related to the history of
the Underground Railroad, including the lessons
to be drawn from such history;
``(B) maintain such artifacts and
materials; and
``(C) make the efforts described in
subparagraph (A) available, including through
electronic means, to elementary and secondary
schools, institutions of higher education, and
the general public;
``(2) to demonstrate substantial public and private
support for the operation of the facility through the
implementation of a public-private partnership between
one or more State or local public entities and one or
more private entities, which public-private partnership
shall provide matching funds from non-federal sources
for the support of the facility in an amount equal to
or greater than four times the amount of the grant
awarded under this section;'';
(B) in paragraph (4)--
(i) by inserting ``and maintain''
after ``establish''; and
(ii) by inserting ``including the
lessons to be drawn from the history of
the Underground Railroad,'' after
``States,''; and
(C) in paragraph (5)--
(i) by inserting ``and maintain''
after ``establish''; and
(ii) by inserting ``, including the
lessons to be drawn from such history''
after ``Railroad''; and
(3) in subsection (c), by striking ``this section''
and all that follows through the period at the end and
inserting ``$3,000,000 for fiscal year 2009 and each of
the five succeeding fiscal years.''.
SEC. 934. OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992
(20 U.S.C. 1070 note) is amended--
(1) by striking ``1999'' and inserting ``2009'';
and
(2) by striking ``4'' and inserting ``five''.
SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.
Section 205 of the Department of Education Organization Act
(20 U.S.C. 3415) is amended to read as follows:
``OFFICE OF POSTSECONDARY EDUCATION
``Sec. 205. (a) There shall be in the Department an Office
of Postsecondary Education, to be administered by the Assistant
Secretary for Postsecondary Education appointed under section
202(b). The Assistant Secretary shall administer such functions
affecting postsecondary education, both public and private, as
the Secretary shall delegate, and shall serve as the principal
adviser to the Secretary on matters affecting postsecondary
education.
``(b) The Assistant Secretary for Postsecondary Education
shall appoint a Deputy Assistant Secretary for International
and Foreign Language Education to perform such functions
affecting postsecondary, international, and foreign language
education as the Secretary may prescribe. The Deputy Assistant
Secretary for International and Foreign Language Education
shall--
``(1) be an individual with extensive background
and experience in international and foreign language
education;
``(2) have responsibility for encouraging and
promoting the study of foreign languages and the study
of the cultures of other countries at the elementary,
secondary, and postsecondary levels in the United
States; and
``(3) coordinate with related international and
foreign language education programs of other Federal
agencies.''.
PART D--TRIBAL COLLEGES AND UNIVERSITIES; NAVAJO HIGHER EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 941. 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) Eligible credits earned in a continuing
education program--
``(A) shall be determined as one credit for
every ten 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 ten 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 ``2009'';
(2) in paragraphs (1), (2), and (3), by striking
``4 succeeding'' and inserting ``five 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 ``five 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 ``2009'';
and
(2) by striking ``4 succeeding'' and inserting
``five 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 2009''; and
(2) by striking ``4 succeeding'' and inserting
``five 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 2009 and each fiscal year
thereafter, the Secretary shall--
``(1) subject to subsection (b), select two
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 two 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 (8) 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 Higher Education Opportunity Act.
``(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
institution 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 2009 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 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 Colleges
and Universities 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 Colleges
and Universities Assistance Act of 1978 (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) Technical amendments.--
(A) Equity in educational land-grant status
act of 1994.--Section 533(c)(4)(A) of the
Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note) is amended by striking
``Tribally Controlled College or University
Assistance Act of 1978'' and inserting
``Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
(B) National museum of the american indian
act.--Section 10(b)(2) of the National Museum
of the American Indian Act (20 U.S.C. 80q-
8(b)(2)) is amended by striking ``tribally
controlled community colleges (as defined in
section 2 of the Tribally Controlled Community
College Assistance Act of 1978)'' and inserting
``tribally controlled colleges or universities
(as defined in section 2(a) of the Tribally
Controlled Colleges and Universities Assistance
Act of 1978)''.
(C) Individuals with disabilities education
act.--Section 602(17)(B) of the Individuals
with Disabilities Education Act (20 U.S.C.
1401(17)(B)) is amended--
(i) by striking ``community
college'' and inserting ``college or
university''; and
(ii) by striking ``the Tribally
Controlled College or University
Assistance Act of 1978'' and inserting
``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(D) Carl d. perkins career and technical
education act of 2006.--The Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) is amended--
(i) in section 3(33) (20 U.S.C.
2302(33)), 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 section 117 (20 U.S.C.
2327), by striking ``the Tribally
Controlled College or University
Assistance Act of 1978'' each place the
term appears and inserting ``the
Tribally Controlled Colleges and
Universities Assistance Act of 1978'';
and
(iii) in section
203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C.
2373(a)(1)(B)(i)(I)(bb)(AA)), by
striking ``the Tribally Controlled
College or University Assistance Act of
1978'' and inserting ``the Tribally
Controlled Colleges and Universities
Assistance Act of 1978''.
(E) Omnibus education reconciliation act of
1981.--Section 528 of the Omnibus Education
Reconciliation Act of 1981 (20 U.S.C. 3489) is
amended by striking ``the Tribally Controlled''
and all that follows through ``1978'' and
inserting ``the Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
(F) Elementary and secondary education act
of 1965.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.)
is amended--
(i) in section 3301(3) (20 U.S.C.
7011(3)), 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
(ii) in section 7134(b)(1)(A) (20
U.S.C. 7454(b)(1)(A)), by striking
``the Tribally Controlled College or
University Assistance Act of 1978'' and
inserting ``the Tribally Controlled
Colleges and Universities Assistance
Act of 1978''.
(G) Augustus f. hawkins-robert t. stafford
elementary and secondary school improvement
amendments of 1988.--Section 5404(a)(1) of the
Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement
Amendments of 1988 (25 U.S.C. 13d-2(a)(1)) is
amended by striking ``the Tribally Controlled''
and all that follows through ``1978'' and
inserting ``the Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
(H) Indian self-determination and education
assistance act.--Section 403(b)(4)(A) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458cc(b)(4)(A)) is
amended by striking ``the Tribally Controlled''
and all that follows through ``1978'' and
inserting ``the Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
(I) Indian health care improvement act.--
The Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.) is amended--
(i) in section 113(b)(1) (25 U.S.C.
1616f(b)(1)), by striking ``tribally-
controlled'' and all that follows
through ``1978)'' and inserting
``tribally controlled colleges or
universities (within the meaning of
section 2(a)(4) of the Tribally
Controlled Colleges and Universities
Act of 1978)'';
(ii) in section 115(e) (25 U.S.C.
1616h(e)(2))--
(I) in paragraph (1)(A), by
striking ``a tribally
controlled community college''
and inserting ``a junior or
community college that is a
tribally controlled college or
university''; and
(II) by striking paragraph
(2) and inserting the
following:
``(2) The term `tribally controlled college or
university' has the meaning given to such term by
section 2(a)(4) of the Tribally Controlled Colleges and
Universities Assistance Act of 1978.''; and
(iii) by striking paragraph (3) of
section 711(g) (25 U.S.C. 1665j(g)) and
inserting the following:
``(3) The term `tribally controlled community
college' means a community college that is a tribally
controlled college or university, as such term is
defined in section 2(a)(4) of the Tribally Controlled
Colleges and Universities Assistance Act of 1978.''.
(J) Indian child protection and family
violence prevention act.--Section 411(d)(5)(C)
of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C.
3210(d)(5)(C)) is amended by striking
``tribally controlled'' and all that follows
through the semicolon at the end and inserting
``tribally controlled college or university
(within the meaning of section 2 of the
Tribally Controlled Colleges and Universities
Assistance Act of 1978);''.
(K) Assistive technology act of 1998.--
Section 3(11) of the Assistive Technology Act
of 1998 (29 U.S.C. 3002(11)) is amended by
striking ``the Tribally Controlled College or
University Assistance Act of 1978'' and
inserting ``the Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
(L) Atomic energy act of 1954.--Section
244(a)(3) of the Atomic Energy Act of 1954 (42
U.S.C. 2015c(a)(3)) is amended by striking
``the Tribally Controlled College or University
Assistance Act of 1978'' and inserting ``the
Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
(M) Department of energy science education
enhancement act.--Section 3167(a)(5) of the
Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381c-1(a)(5)) is
amended by striking ``the Tribally Controlled
College Assistance Act of 1978'' and inserting
``the Tribally Controlled Colleges and
Universities Assistance Act of 1978''.
(N) ED 1.0 act.--The ED 1.0 Act (47 U.S.C.
902 note) is amended in subsection (a)(2)(C) by
striking ``the Tribally Controlled College or
University Assistance Act of 1978'' and
inserting ``the Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
Subpart 2--Navajo Higher Education
SEC. 945. SHORT TITLE.
This subpart may be cited as the ``Navajo Nation Higher
Education Act of 2008''.
SEC. 946. 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 2009 through
2014.''; 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
2009 through 2014 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 ends 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 E--OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
SEC. 951. SHORT TITLE.
This part may be cited as the ``John R. Justice Prosecutors
and Defenders Incentive Act of 2008''.
SEC. 952. 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 inserting after
part II (42 U.S.C. 3797cc et seq.) the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3001. 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 unit of local
government who--
``(A) is continually licensed to practice
law; and
``(B) prosecutes criminal or juvenile
delinquency cases at the State or unit of local
government level (including supervision,
education, or training of 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 unit of local government who
provides legal representation to
indigent persons in criminal or
juvenile delinquency cases (including
supervision, education, or training of
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 the employee's
full-time employment to providing legal
representation to indigent persons in
criminal or juvenile delinquency cases
(including supervision, education, or
training of 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.
``(3) Student loan.--
``(A) In general.--Except as provided in
subparagraph (B), the term `student loan'
means--
``(i) 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.);
``(ii) 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
``(iii) 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)).
``(B) Exclusion of parent plus loans.--The
term `student loan' does not include any of the
following loans:
``(i) A loan made to the parents of
a dependent student under section 428B
of the Higher Education Act of 1965 (20
U.S.C. 1078-2).
``(ii) A Federal Direct PLUS Loan
made to the parents of a dependent
student.
``(iii) 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 loan described in
clause (i) or (ii).
``(c) Program Authorized.--The Attorney General shall
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 Agreement.--
``(1) In general.--To be eligible to receive
repayment benefits under subsection (c), a borrower
shall enter into a written agreement 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 three 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;
``(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;
``(D) 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; and
``(E) the Attorney General 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 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
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 Attorney General
under this section shall be made 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 three years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the
Attorney General shall provide repayment benefits under
this section--
``(A) giving priority to borrowers who have
the least ability to repay their loans, except
that the Attorney General shall determine a
fair allocation of repayment benefits among
prosecutors and public defenders, and among
employing entities nationwide; and
``(B) subject to the availability of
appropriations.
``(2) Priority.--The Attorney General shall give
priority in providing repayment benefits under this
section in any fiscal year to a borrower who--
``(A) received repayment benefits under
this section during the preceding fiscal year;
and
``(B) has completed less than three 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 three
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 are
authorized to be appropriated to carry out this section
$25,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the five succeeding fiscal years.''.
PART F--INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS
SEC. 961. INSTITUTIONAL LOAN FORGIVENESS PROGRAMS.
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 if--
(A) such repayment or forbearance is
provided to 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
(B) in the case of a former student of the
institution of higher education, the policy
described in subparagraph (A) was in effect at
the institution of higher education on the day
before the date such officer or employee
graduated from or otherwise ceased being a
student at such institution; 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).
PART G--MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY
OPPORTUNITY PROGRAM
SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY
OPPORTUNITY PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by inserting after
subsection (b) the following:
``(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 that awards grants,
cooperative agreements, and contracts to eligible
institutions to enable the eligible institutions in
acquiring, and augmenting the institutions' use of,
digital and wireless networking technologies to improve
the quality and delivery of educational services at
eligible institutions.
``(2) 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 technology 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
applications 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.
``(3) Awards.--
``(A) 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 under this subsection.
``(B) 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 educational
agency, local educational agencies,
institutions of higher education, community-
based organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(C) Planning grants.--The Secretary may
provide funds to develop strategic plans to
implement grants, cooperative agreements, or
contracts awarded under this subsection.
``(D) 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.
``(E) Need.--In awarding funds under this
subsection, the Secretary shall give priority
to the eligible institution with the greatest
demonstrated need for assistance.
``(4) 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; or
``(E) to foster the use of digital and
wireless networking technology to improve
research and education, including scientific,
mathematics, engineering, and technology
instruction.
``(5) 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.
``(6) 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 25 percent 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.
``(7) Annual report and assessments.--
``(A) Annual report required from
recipients.--Each eligible 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.
``(B) Independent assessments.--
``(i) Contract to conduct
assessments.--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 established under paragraph
(1). The assessments shall be conducted
once every 3 years during the 10-year
period following the date of enactment
of this subsection.
``(ii) Evaluations and
recommendations.--The assessments
described in clause (i) shall include--
``(I) an evaluation of the
effectiveness of the program
established under paragraph (1)
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;
``(II) 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;
``(III) an evaluation of
the procedures established
under paragraph (2)(A); and
``(IV) recommendations for
improving the program,
including recommendations
concerning the continuing need
for Federal support.
``(iii) Review of reports.--In
carrying out the assessments under this
subparagraph, the National Academy of
Public Administration shall review the
reports submitted to the Secretary
under subparagraph (A).
``(iv) Report to congress.--Upon
completion of each assessment under
this subparagraph, 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.
``(8) Definitions.--In this subsection:
``(A) 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.
``(B) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(i) 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 identified in
subparagraph (A), (B), or (C) of
section 326(e)(1) of such Act (20
U.S.C. 1063b(e)(1)(A), (B), or (C)), or
a consortium of institutions described
in this clause;
``(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 Tribal 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, as defined in section
317(b) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b));
``(v) a Native Hawaiian-serving
institution, as defined in section
317(b) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b));
``(vi) a Predominately Black
Institution, as defined in section 318
of the Higher Education Act of 1965 (20
U.S.C. 1059e);
``(vii) a Native American-serving,
nontribal institution, as defined in
section 319 of the Higher Education Act
of 1965 (20 U.S.C. 1059f);
``(viii) an Asian American and
Native American Pacific Islander-
serving institution, as defined in
section 320 of the Higher Education Act
of 1965 (20 U.S.C. 1059g); or
``(ix) a minority institution, 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)).
``(C) 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).
``(D) 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).
``(E) 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))).
``(F) 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.
``(G) 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).
``(H) 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. 972. 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 such sums as may be necessary
for each of the fiscal years 2009 through 2012.
TITLE X--PRIVATE STUDENT LOAN IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Private Student Loan
Transparency and Improvement Act of 2008''.
SEC. 1002. REGULATIONS.
Not later than 365 days after the date of enactment of this
Act, the Board of Governors of the Federal Reserve System shall
issue regulations in final form to implement paragraphs (1),
(2), (3), (4), (6), (7), and (8) of section 128(e) and section
140(c) of the Truth in Lending Act, as added by this title,
which regulations shall become effective not later than 6
months after their date of issuance.
SEC. 1003. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b) and
as otherwise provided in this title, this title and the
amendments made by this title shall become effective on the
date of enactment of this Act.
(b) Effect Notwithstanding Regulations.--Paragraphs (1),
(2), (3), (4), (6), (7), and (8) of section 128(e) and section
140(c) of the Truth in Lending Act, as added by this title,
shall become effective on the earlier of the date on which
regulations issued under section 1002 become effective or 18
months after the date of enactment of this Act.
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) Preventing Unfair and Deceptive Private Educational
Lending Practices and Conflicts of Interest.--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.--As used in this section--
``(1) 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, officer, or
employee of the educational institution;
``(2) the term `gift'--
``(A)(i) means any gratuity, favor,
discount, entertainment, hospitality, loan, or
other item having more than a de minimis
monetary value, including 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; and
``(ii) includes an item described in clause
(i) provided to a family member of an officer,
employee, or agent of a covered educational
institution, or to any other individual based
on that individual's relationship with the
officer, employee, or agent, if--
``(I) the item is provided with the
knowledge and acquiescence of the
officer, employee, or agent; and
``(II) the officer, employee, or
agent has reason to believe the item
was provided because of the official
position of the officer, employee, or
agent; and
``(B) does not include--
``(i) standard informational
material related to a loan, default
aversion, default prevention, or
financial literacy;
``(ii) food, refreshments,
training, or informational material
furnished to an officer, employee, or
agent of a covered educational
institution, as an integral part of a
training session or through
participation in an advisory council
that is designed to improve the service
of the private educational lender to
the covered educational institution, if
such training or participation
contributes to the professional
development of the officer, employee,
or agent of the covered educational
institution;
``(iii) favorable terms,
conditions, and borrower benefits on a
private education loan provided to a
student employed by the covered
educational institution, if such terms,
conditions, or benefits are not
provided because of the student's
employment with the covered educational
institution;
``(iv) the provision of financial
literacy counseling or services,
including counseling or services
provided in coordination with a covered
educational institution, to the extent
that such counseling or services are
not undertaken to secure--
``(I) applications for
private education loans or
private education loan volume;
``(II) applications or loan
volume for any loan made,
insured, or guaranteed under
title IV of the Higher
Education Act of 1965 (20
U.S.C. 1070 et seq.); or
``(III) the purchase of a
product or service of a
specific private educational
lender;
``(v) philanthropic contributions
to a covered educational institution
from a private educational lender that
are unrelated to private education
loans and are not made in exchange for
any advantage related to private
education loans; or
``(vi) State education grants,
scholarships, or financial aid funds
administered by or on behalf of a
State;
``(3) 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) 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) the term `preferred lender arrangement' has
the same meaning as in section 151 of the Higher
Education Act of 1965;
``(6) the term `private educational lender' means--
``(A) a financial institution, as defined
in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813) that solicits, makes, or
extends private education loans;
``(B) a Federal credit union, as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752) that solicits, makes, or extends
private education loans; and
``(C) any other person engaged in the
business of soliciting, making, or extending
private education loans;
``(7) the term `private education loan'--
``(A) means a loan provided by a private
educational lender that--
``(i) is not made, insured, or
guaranteed under of title IV of the
Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
``(ii) is issued expressly for
postsecondary educational expenses to a
borrower, regardless of whether the
loan is provided through the
educational institution that the
subject student attends or directly to
the borrower from the private
educational lender; and
``(B) 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; and
``(8) 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 education loans with respect
to students attending the covered educational
institution;
``(B) the covered educational institution
recommends to students or others the private
educational lender or the private education
loans of the private educational lender; and
``(C) the private educational lender pays a
fee or provides other material benefits,
including profit sharing, to the covered
educational institution in connection with the
private education 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 may not, directly or indirectly--
``(1) offer or provide any gift to a covered
educational institution in exchange for any advantage
or consideration provided to such private educational
lender related to its private education 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 education loans in any
way that implies that the covered educational institution
endorses the private education loans offered by the private
educational lender.
``(d) Advisory Board Compensation.--Any person who is
employed in the financial aid office of a covered educational
institution, or who otherwise has responsibilities with respect
to private education loans or other financial aid of the
institution, and who serves on an advisory board, commission,
or group established by a private educational lender or group
of such lenders shall be prohibited from receiving anything of
value from the private educational lender or group of lenders.
Nothing in this subsection prohibits the reimbursement of
reasonable expenses incurred by an employee of a covered
educational institution as part of their service on an advisory
board, commission, or group described in this subsection.
``(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 for early
repayment or prepayment of any private education loan.''.
(b) Conforming Amendment to Truth in Lending Act.--Section
103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is
amended by adding at the end the following: ``The term
`creditor' includes a private educational lender (as that term
is defined in section 140) for purposes of this title.''.
(c) Disclosures of Reimbursements for Service on Advisory
Boards.--
Section 485 of the Higher Education Act of 1965 (20
U.S.C. 1092), as amended by this Act, is further
amended by adding at the end the following:
``(m) Disclosures of Reimbursements for Service on Advisory
Boards.--
``(1) Disclosure.--Each institution of higher
education participating in any program under this title
shall report, on an annual basis, to the Secretary, any
reasonable expenses paid or provided under section
140(d) of the Truth in Lending Act to any employee who
is employed in the financial aid office of the
institution, or who otherwise has responsibilities with
respect to education loans or other financial aid of
the institution. Such reports shall include--
``(A) the amount for each specific instance
of reasonable expenses paid or provided;
``(B) the name of the financial aid
official, other employee, or agent to whom the
expenses were paid or provided;
``(C) the dates of the activity for which
the expenses were paid or provided; and
``(D) a brief description of the activity
for which the expenses were paid or provided.
``(2) Report to congress.--The Secretary shall
summarize the information received from institutions of
higher education under paragraph (1) in a report and
transmit such report annually to the authorizing
committees.''.
SEC. 1012. CIVIL LIABILITY.
(a) In General.--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
128(e)(7)'' 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 ``of
subparagraphs (A), (B), (D), (F), or
(J) of section 128(e)(2) (for purposes
of paragraph (2) or (4) of section
128(e)), or paragraph (4)(C), (6), (7),
or (8) of section 128(e),'' before ``or
for failing'';
(2) in subsection (e), by inserting before the
first period the following: ``or, in the case of a
violation involving a private education loan (as that
term is defined in section 140(a)), 1 year from the
date on which the first regular payment of principal is
due under the loan''; and
(3) by adding at the end the following:
``(j) Private Educational Lender.--A private educational
lender (as that term is defined in section 140(a)) has no
liability under this section for failure to comply with section
128(e)(3)).''.
(b) Effective Date.--The amendments made by this section
shall have the same effective date as provisions referred to in
section 1003(b).
SEC. 1013. CLERICAL AMENDMENT.
The table of sections for chapter 2 of title I of the Truth
in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at
the end the following:
``140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.''.
Subtitle B--Improved Disclosures for Private Education Loans
SEC. 1021. PRIVATE EDUCATION LOAN DISCLOSURES AND LIMITATIONS.
(a) Truth in Lending Act.--Section 128 of the Truth in
Lending Act (15 U.S.C. 1638) is amended by adding at the end
the following:
``(e) Terms and Disclosure With Respect to Private
Education Loans.--
``(1) Disclosures required in private education
loan applications and solicitations.--In any
application for a private education loan, or a
solicitation for a private education loan without
requiring an application, the private educational
lender shall disclose to the borrower, clearly and
conspicuously--
``(A) the potential range of rates of
interest applicable to the private education
loan;
``(B) whether the rate of interest
applicable to the private education loan is
fixed or variable;
``(C) limitations on interest rate
adjustments, both in terms of frequency and
amount, or the lack thereof, if applicable;
``(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 education loan;
``(G) the term of the private education
loan;
``(H) whether interest will accrue while
the student to whom the private education loan
relates is enrolled at a covered educational
institution;
``(I) payment deferral options;
``(J) general eligibility criteria for the
private education loan;
``(K) an example of the total cost of the
private education loan over the life of the
loan--
``(i) which shall be calculated
using the principal amount and the
maximum rate of interest actually
offered by the private educational
lender; and
``(ii) calculated both with and
without capitalization of interest, if
an option exists for postponing
interest payments;
``(L) that a covered educational
institution may have school-specific education
loan benefits and terms not detailed on the
disclosure form;
``(M) that the borrower may qualify for
Federal student financial assistance through a
program under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), in lieu
of, or in addition to, a loan from a non-
Federal source;
``(N) the interest rates available with
respect to such Federal student financial
assistance through a program under title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.);
``(O) that, as provided in paragraph (6)--
``(i) the borrower shall have the
right to accept the terms of the loan
and consummate the transaction at any
time within 30 calendar days (or such
longer period as the private
educational lender may provide)
following the date on which the
application for the private education
loan is approved and the borrower
receives the disclosure documents
required under this subsection for the
loan; 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 private
educational lender during the period
described in clause (i);
``(P) that, before a private education loan
may be consummated, the borrower must obtain
from the relevant institution of higher
education the form required under paragraph
(3), and complete, sign, and return such form
to the private educational lender;
``(Q) that the consumer may obtain
additional information concerning such Federal
student financial assistance from their
institution of higher education, or at the
website of the Department of Education; and
``(R) such other information as the Board
shall prescribe, by rule, as necessary or
appropriate for consumers to make informed
borrowing decisions.
``(2) Disclosures at the time of private education
loan approval.--Contemporaneously with the approval of
a private education loan application, and before the
loan transaction is consummated, the private
educational lender 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 education loan is
fixed or variable;
``(C) limitations on interest rate
adjustments, both in terms of frequency and
amount, or the lack thereof, if applicable;
``(D) the initial approved principal
amount;
``(E) applicable finance charges, late
fees, penalties, and adjustments to principal,
based on borrower defaults or late payments,
including limitations on the discharge of a
private education loan in bankruptcy;
``(F) fees or range of fees applicable to
the private education loan;
``(G) the maximum term under the private
education loan program;
``(H) 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 offered by the
private educational lender and applicable to
the borrower, to the extent that such maximum
rate may be determined, or if not, a good faith
estimate thereof;
``(I) any principal and interest payments
required while the student for whom the private
education loan is intended is enrolled at a
covered educational institution and unpaid
interest that will accrue during such
enrollment;
``(J) payment deferral options applicable
to the borrower;
``(K) whether monthly payments are
graduated;
``(L) that, as provided in paragraph (6)--
``(i) the borrower shall have the
right to accept the terms of the loan
and consummate the transaction at any
time within 30 calendar days (or such
longer period as the private
educational lender may provide)
following the date on which the
application for the private education
loan is approved and the borrower
receives the disclosure documents
required under this subsection for the
loan; 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 private
educational lender during the period
described in clause (i);
``(M) that the borrower--
``(i) may qualify for Federal
financial assistance through a program
under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.),
in lieu of, or in addition to, a loan
from a non-Federal source; and
``(ii) may obtain additional
information concerning such assistance
from their institution of higher
education or the website of the
Department of Education;
``(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 (20 U.S.C. 1070 et seq.);
``(O) the maximum monthly payment,
calculated using the maximum rate of interest
actually offered by the private educational
lender and applicable to the borrower, to the
extent that such maximum rate may be
determined, or if not, a good faith estimate
thereof; and
``(P) such other information as the Board
shall prescribe, by rule, as necessary or
appropriate for consumers to make informed
borrowing decisions.
``(3) Self-certification of information.--
``(A) In general.--Before a private
educational lender may consummate a private
education loan with respect to a student
attending an institution of higher education,
the lender shall obtain from the applicant for
the private education loan the form developed
by the Secretary of Education under section 155
of the Higher Education Act of 1965, signed by
the applicant, in written or electronic form.
``(B) Rule of construction.--No other
provision of this subsection shall be construed
to require a private educational lender to
perform any additional duty under this
paragraph, other than collecting the form
required under subparagraph (A).
``(4) Disclosures at the time of private education
loan consummation.--Contemporaneously with the
consummation of a private education loan, a private
educational lender shall make to the borrower each of
the disclosures described in--
``(A) paragraph (2)(A) (adjusted, as
necessary, for the rate of interest in effect
on the date of consummation, based on the index
used for the loan);
``(B) subparagraphs (B) through (K) and (M)
through (P) of paragraph (2); and
``(C) paragraph (7).
``(5) Format of disclosures.--
``(A) Model form.--Not later than 2 years
after the date of enactment of this subsection,
the Board shall, based on consumer testing, and
in consultation with the Secretary of
Education, develop and issue model forms that
may be used, at the option of the private
educational lender, for the provision of
disclosures required under this subsection.
``(B) Format.--Model forms developed under
this paragraph shall--
``(i) be comprehensible to
borrowers, with a clear format and
design;
``(ii) provide for clear and
conspicuous disclosures;
``(iii) enable borrowers easily to
identify material terms of the loan and
to compare such terms among private
education loans; and
``(iv) be succinct, and use an
easily readable type font.
``(C) Safe harbor.--Any private educational
lender that elects to provide a model form
developed under this subsection that accurately
reflects the practices of the private
educational lender shall be deemed to be in
compliance with the disclosures required under
this subsection.
``(6) Effective period of approved rate of interest
and loan terms.--
``(A) In general.--With respect to a
private education 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 (or such longer period as the
private educational lender may provide)
following the date on which the application for
the private education 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 private educational lender
during that period.
``(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 private educational
lender 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 period
described in subparagraph (A).
``(7) Right to cancel.--With respect to a private
education 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, and the private educational lender shall
disclose such right to the borrower in accordance with
paragraph (4).
``(8) Prohibition on disbursement.--No funds may be
disbursed with respect to a private education loan
until the expiration of the 3-day period described in
paragraph (7).
``(9) Board regulations.--In issuing regulations
under this subsection, the Board shall prevent, to the
extent possible, duplicative disclosure requirements
for private educational lenders that are otherwise
required to make disclosures under this title, except
that in any case in which the disclosure requirements
of this subsection differ or conflict with the
disclosure requirements of any other provision of this
title, the requirements of this subsection shall be
controlling.
``(10) Definitions.--For purposes of this
subsection, the terms `covered educational
institution', `private educational lender', and
`private education loan' have the same meanings as in
section 140.
``(11) Duties of lenders participating in preferred
lender arrangements.--Each private educational lender
that has a preferred lender arrangement with a covered
educational institution shall annually, by a date
determined by the Board, in consultation with the
Secretary of Education, provide to the covered
educational institution such information as the Board
determines to include in the model form developed under
paragraph (5) for each type of private education loan
that the lender plans to offer to students attending
the covered educational institution, or to the families
of such students, for the next award year (as that term
is defined in section 481 of the Higher Education Act
of 1965).''.
(b) Self-Certification Form.--Part E of title I of the
Higher Education Act of 1965, as added by this Act, is further
amended by inserting after section 154 the following:
``SEC. 155. SELF-CERTIFICATION FORM FOR PRIVATE EDUCATION LOANS.
``(a) In General.--The Secretary, in consultation with the
Board of Governors of the Federal Reserve System, shall develop
the self-certification form for private education loans that
shall be used to satisfy the requirements of section 128(e)(3)
of the Truth in Lending Act. Such form shall--
``(1) be developed in a standardized format;
``(2) be made available to the applicant by the
relevant institution of higher education, in written or
electronic form, upon request of the applicant;
``(3) contain only disclosures that--
``(A) the applicant may qualify for Federal
student financial assistance through a program
under title IV of this Act, or State or
institutional student financial assistance, in
place of, or in addition to, a private
education loan;
``(B) the applicant is encouraged to
discuss the availability of Federal, State, and
institutional student financial assistance with
financial aid officials at the applicant's
institution of higher education;
``(C) a private education loan may affect
the applicant's eligibility for free or low-
cost Federal, State or institutional student
financial assistance; and
``(D) the information that the applicant is
required to provide on the form is available
from officials at the financial aid office of
the institution of higher education;
``(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 expected family
contribution, as determined under Part F of
title IV, as applicable, for students who have
completed the free application for Federal
student aid;
``(C) the applicant's estimated financial
assistance, as determined by the institution,
in accordance with title IV, as applicable;
``(D) the difference between the amounts
under subparagraphs (A) and (C), as applicable;
and
``(E) the sum of the amounts under
subparagraphs (B) and (D), as applicable; and
``(5) include a place for the applicant's
signature, in written or electronic form.
``(b) Limit on Liability.--Nothing in this section shall be
construed to create a private right of action against an
institution of higher education with respect to the form
developed under subsection (a).''.
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE EDUCATION
LOANS.
Section 104(3) of the Truth in Lending Act (15 U.S.C.
1603(3)) is amended by inserting ``and other than private
education loans (as that term is defined in section 140(a))''
after ``consumer''.
Subtitle C--College Affordability
SEC. 1031. COMMUNITY REINVESTMENT ACT CREDIT FOR LOW-COST LOANS.
(a) In General.--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 Education 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 education loans
provided by the financial institution to low-income
borrowers.''.
(b) Regulations Required.--Not later than 1 year after the
date of enactment of this Act, each appropriate Federal
financial supervisory agency shall issue rules in final form to
implement section 804(d) of the Community Reinvestment Act of
1977, as added by this section.
Subtitle D--Financial Literacy; Studies and Reports
SEC. 1041. DEFINITIONS.
As used in this subtitle--
(1) the terms ``covered educational institution'',
``private educational lender'', and ``private education
loan'' have the same meanings as in section 140 of the
Truth in Lending Act, as added by this Act;
(2) the term ``historically Black colleges and
universities'' means a ``part B institution'', within
the meaning of section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061); and
(3) the term ``land-grant colleges and
universities'' has the same meaning as in section 1404
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103).
SEC. 1042. 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 colleges and universities), 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 covered educational institutions through--
(1) the development of initiatives, programs, and
curricula that improve student awareness of the short-
and long-term costs associated with education 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 covered educational institutions 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 Act, the Financial Literacy
and Education Commission shall submit a report to the
Committee on Banking, Housing, and Urban Affairs and
the Committee on Health Education, Labor, and Pensions
of the Senate and the Committee on Financial Services
and the Committee on Education and Labor of the House
of Representatives on the state of financial education
among students at covered educational institutions.
(2) Content.--The report required by this
subsection shall include a description of 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 and the Committee on Financial Services of the
House of Representatives concerning the report required
by this subsection.
TITLE XI--STUDIES AND REPORTS
SEC. 1101. STUDY ON FOREIGN GRADUATE MEDICAL SCHOOLS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) complete a study that examines the performance
of students from the United States receiving Federal
student financial aid to attend graduate medical
schools located outside of the United States;
(2) provide data and make recommendations to the
National Committee on Foreign Medical Education and
Accreditation in a timely manner so as to assist the
Secretary of Education in the Department of Education's
review required under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
(3) submit to the authorizing committees a report
setting forth the conclusions of the study.
(b) Contents.--The study conducted under this section shall
include the following:
(1) The amount of Federal student financial aid
dollars that are spent on graduate medical schools
located outside of the United States every year, and
the percentage of overall student aid such amount
represents.
(2) The percentage of students of such medical
schools who pass the examination sponsored by the
Federation of State Medical Boards of the United
States, Inc., and the National Board of Medical
Examiners the first time.
(3) The percentage of students of such medical
schools who pass the United States medical licensing
examination after taking such examinations multiple
times, disaggregated by the number of times the
students had to take the examinations to pass.
(4) The percentage of recent graduates of such
medical schools practicing medicine in the United
States, and a description of where the students are
practicing and what types of medicine the students are
practicing.
(5) The rate of graduates of such medical schools
who lose malpractice lawsuits or have the graduates'
medical licenses revoked, as compared to graduates of
graduate medical schools located in the United States.
(6) Recommendations regarding the percentage
passing rate of the United States medical licensing
examination that the United States should require of
graduate medical schools located outside of the United
States for Federal student financial aid purposes.
SEC. 1102. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES.
(a) Study, Assessments, and Recommendations.--The
Comptroller General of the United States shall--
(1) conduct a study of--
(A) the information that States have on the
employment of students who have completed
postsecondary education programs;
(B) the feasibility of collecting
information on students who complete all types
of postsecondary education programs (including
two- and four-year degree, certificate,
professional, and graduate programs) at all
types of institutions of higher education
(including public, private nonprofit, and for-
profit schools), regarding--
(i) employment, including--
(I) the type of job
obtained not later than six
months after the completion of
the degree, certificate, or
program;
(II) whether such job was
related to the course of study;
(III) the starting salary
for such job; and
(IV) the student's
satisfaction with the student's
preparation for such job and
guidance provided with respect
to securing the job; and
(ii) for recipients of Federal
student aid, the type of assistance
received, so that the information can
be used to evaluate various education
programs;
(C) the evaluation systems used by other
industries to identify successful programs and
challenges, set priorities, monitor
performance, and make improvements;
(D) the best means of collecting
information from or regarding recent
postsecondary graduates, including--
(i) whether a national website
would be the most effective way to
collect information;
(ii) whether postsecondary
education graduates could be encouraged
to voluntarily submit information by
allowing a graduate to access
aggregated information about other
graduates (such as graduates from the
graduate's school, with the graduate's
degree, or in the graduate's area) if
the graduate completes an online
questionnaire;
(iii) whether employers could be
encouraged to submit information by
allowing an employer to access
aggregated information about graduates
(such as institutions of higher
education attended, degrees, or
starting pay) if the employer completes
an online questionnaire to evaluate the
employer's satisfaction with the
graduates the employer hires; and
(iv) whether postsecondary
institutions that receive Federal funds
or whose students have received Federal
student financial aid could be required
to submit aggregated information about
the graduates of the institutions; and
(E) the best means of displaying employment
information; and
(2) provide assessments and recommendations
regarding--
(A) whether successful State cooperative
relationships between higher education system
offices and State agencies responsible for
employment statistics can be encouraged and
replicated in other States;
(B) whether there is value in collecting
additional information from, or about, the
employment experience of individuals who have
recently completed a postsecondary educational
program;
(C) the most promising ways of obtaining
and displaying or disseminating such
information;
(D) if a website is used for such
information, whether the website should be run
by a governmental agency or contracted out to
an independent education or employment
organization;
(E) whether a voluntary information system
would work, both from the graduates' and
employers' perspectives;
(F) the value of such information to future
students, institutions, accrediting agencies or
associations, policymakers, and employers,
including how the information would be used and
the practical applications of the information;
(G) whether the request for such
information is duplicative of information that
is already being collected; and
(H) whether the National Postsecondary
Student Aid Survey conducted by the National
Center for Education Statistics could be
amended to collect such information.
(b) Reports.--
(1) Preliminary report.--Not later than one year
after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the authorizing committees a preliminary report
regarding the study, assessments, and recommendations
described in subsection (a).
(2) Final report.--Not later than two years after
the date of enactment of this Act, the Comptroller
General of the United States shall submit to the
authorizing committees a final report regarding such
study, assessments, and recommendations.
SEC. 1103. STUDY ON IPEDS.
The Comptroller General of the United States shall--
(1) conduct a study on the time and cost burdens to
institutions of higher education associated with
completing the Integrated Postsecondary Education Data
System (referred to in this section as the ``IPEDS'')
survey, which shall--
(A) report on the time and cost burden of
completing the IPEDS survey for four-year, two-
year, and less than two-year institutions of
higher education;
(B) present recommendations for reducing
such burden; and
(C) report on the feasibility of collecting
additional data from institutions for use in
IPEDS, including information on the percentage
of enrolled undergraduate students who graduate
within two years (in the case of two-year
institutions), and four, five, and six years
(in the case of two- and four-year
institutions), disaggregated by race and ethnic
background and by income categories;
(2) not later than one year after the date of
enactment of this Act, submit to the authorizing
committees a preliminary report regarding the findings
of the study described in paragraph (1); and
(3) not later than two years after the date of
enactment of this Act, submit to the authorizing
committees a final report regarding such findings.
SEC. 1104. REPORT AND STUDY ON ARTICULATION AGREEMENTS.
(a) Study Required.--The Secretary of Education shall
conduct a study to review the articulation agreements at State-
supported college and university systems, including junior or
community colleges, as well as those at other institutions of
higher education. 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 in articulation agreements;
(B) the cost-savings to the participating
institutions and to the students;
(C) what strategies are being employed,
including common course numbering, general
education core curriculum, and management
systems;
(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.
(b) Report.--The Secretary of Education shall submit to the
authorizing committees an interim report on the study required
by subsection (a) not later than two years after the date of
enactment of this Act and a final report on such study not
later than January 1, 2013.
SEC. 1105. REPORT ON PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Not later than two years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of proprietary institutions of
higher education subject to section 487(a)(24) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(24)) and shall submit
to the authorizing committees a report that provides the
results of the analysis.
(b) Contents of Report.--The report shall provide--
(1) the number of institutions subject to section
487(a)(24) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(24));
(2) the number and percentage of such institutions
each year that do not comply with such section;
(3) the number of such institutions that are in
compliance with such section at the time of submission
of the report; and
(4) in the case of institutions that are in
compliance with such section at the time of submission
of the report, information on the extent to which such
institutions' revenue is derived from funds provided
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.), including information on the
number of such institutions that derive not less than
85 percent of their revenues from funds provided under
such title.
SEC. 1106. ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS OF HIGHER
EDUCATION.
The Secretary of Education shall enter into an agreement
with the National Research Council of the National Academy of
Sciences for the conduct of 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 be completed not later than two years after the
date of enactment of this Act, and 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 described in
paragraph (1); and
(3) by agency, recommendations for consolidating,
streamlining, and eliminating redundant and burdensome
Federal regulations and reporting requirements
affecting institutions of higher education.
SEC. 1107. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the National Research
Council of the National Academy of Sciences to conduct a
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 can be assessed, which
may include elements such as subject matter,
interactivity, and student outcomes;
(2) identification of distance education program
success, with respect to student achievement, in
relation to the mission of the institution of higher
education;
(3) identification of the benefits and limitations
of distance education programs and campus-based
programs for different students (including
classification of types of students by age category) by
assessing access, job placement rates, graduation
rates, and other factors related to persistence,
completion, and cost; and
(4) identification and analysis of factors that may
make direct comparisons of distance education programs
and campus-based education programs difficult.
(b) Scope.--The National Research Council 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 contract under
subsection (a) shall require that the National Research Council
submit to the authorizing committees--
(1) an interim report regarding the evaluation
under subsection (a) not later than June 30, 2009; and
(2) a final report regarding such evaluation not
later than June 30, 2010.
SEC. 1108. REVIEW OF COSTS AND BENEFITS OF ENVIRONMENTAL, HEALTH, AND
SAFETY STANDARDS.
(a) Review of Standards.--The Secretary of Education shall
enter into an agreement with the National Research Council of
the National Academy of Sciences to conduct a national study
that--
(1) reviews, analyzes, and compares existing
standards in environmental, health, and safety areas,
for the regulation of--
(A) industrial research and development
facilities; and
(B) research and teaching laboratories and
facilities at institutions of higher education;
and
(2) based upon the review in paragraph (1),
develops recommended frameworks for alternative
regulatory standards, if any, for research and teaching
laboratories and facilities at institutions of higher
education that--
(A) maintain the overall level of
protection of the environment, and of the
health and safety of those using such
laboratories and facilities;
(B) reflect the need to ensure consistent
application of Federal laws; and
(C) take into account the educational and
research activities of institutions of higher
education.
(b) Report.--The National Research Council shall report to
Congress regarding the recommended frameworks for alternative
regulatory standards developed under subsection (a). Such
report shall contain recommendations for statutory or
regulatory changes needed to implement the different standards
described in subsection (a), and the projected costs and
benefits resulting from the adoption of such standards.
SEC. 1109. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.
(a) Study Required.--The Secretary of Education shall carry
out the following:
(1) Commission and ensure the conduct of a national
study of underrepresented minority males (particularly
African American, Hispanic American, Native American,
Native Hawaiian, and Alaska Native 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, Hispanic
American, Native American, Native Hawaiian, and
Alaska Native males and shall 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.
(C) The implementation of the study shall
be in four stages based on the recommendations
of the Commissioner for Education Statistics.
(2) Make specific recommendations to the
authorizing committees and States 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 four years
after the date of enactment of this Act, the Secretary of
Education 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.
SEC. 1110. STUDY ON BIAS IN STANDARDIZED TESTS.
(a) Study.--The Secretary of Education shall enter into an
agreement with the Board on Testing and Assessment of the
National Academy of Sciences for the conduct of a study to
identify any race, ethnicity, or gender bias in the content and
construction of standardized tests that are used for admission
to institutions of higher education.
(b) Report.--Not later than two years after the date of
enactment of this Act, the Secretary of Education shall issue
an interim report to the authorizing committees related to the
progress of the study under subsection (a).
SEC. 1111. ENDOWMENT REPORT.
(a) Analysis of Endowments.--The Comptroller General of the
United States 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 institutions) describing--
(1) the average and range of--
(A) the outstanding balance of such
endowments; and
(B) the growth of such endowments over the
last 20 years;
(2) the amount and percentage of endowment assets
distributed on an annual basis for spending on
education;
(3) the amount and percentage of endowment assets
distributed on an annual basis for financial aid or for
the purpose of reducing the costs of tuition, fees,
textbooks, and room and board; and
(4) the extent to which the funds in such
endowments are restricted, and the restrictions placed
upon such funds.
(b) Submission of Report.--The Comptroller General of the
United States shall submit a report on the study required by
subsection (a) to the authorizing committees not later than 18
months after the date of enactment of this Act.
SEC. 1112. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.
(a) Study Required.--The Secretary of Education, in
consultation with the Secretary of Labor and the Attorney
General, 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
authorizing committees 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 three years
after the date of enactment of this Act, the Secretary of
Education shall submit an interim report on the progress of the
study required by subsection (a)(1) to the authorizing
committees. Not later than seven years after the date of
enactment of this Act, the Secretary of Education shall submit
a final report, together with the recommendations required by
subsection (a)(2), to the authorizing committees.
SEC. 1113. 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 (20 U.S.C. 1070 et seq.) 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, needs 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.--In this section--
(1) the term ``Secretary'' means the Secretary of
Education; and
(2) 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.
SEC. 1114. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.
(a) Study.--The Comptroller General of the United States
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 (20 U.S.C. 1087kk
et seq.).
(b) Study Components.--The study conducted under subsection
(a) shall identify and evaluate the needs analysis formula
under part F of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087kk et seq.) 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 of 1965;
(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, the Comptroller General of the United
States shall report to the authorizing committees on the
results of the study conducted under this section.
SEC. 1115. 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 for programs that could
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
enactment of this Act, the Secretary of Education, in
consultation with the Office of Management and Budget, shall
submit to the authorizing committees a report related to the
findings of the study conducted under subsection (a).
SEC. 1116. STUDY ON TEACHING STUDENTS WITH READING DISABILITIES.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the Center for Education of
the National Academies for a scientifically-based study of the
quality of teacher education programs--
(1) to determine if teachers are adequately
prepared to meet the needs of students with reading and
language processing disabilities, including dyslexia;
and
(2) to determine 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 reading degree
programs of teacher education programs; and
(2) the extent to which the content of the reading
degree programs are based on--
(A) the essential components 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, including dyslexia, and the extent to
which such strategies are effective in
preventing reading failure before it occurs.
(c) Scope.--The Director of the Center for Education of the
National Academy of Sciences shall select for participation in
the study 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 Director of the Center
for Education of the National Academy of Sciences shall submit
to the authorizing committees and the Secretary of Education--
(1) an interim report regarding the study under
subsection (a) not later than one year after the date
the Center for Education of the National Academies
enters into an agreement with the Secretary of
Education under this section; and
(2) a final report summarizing the findings,
conclusions, and recommendations of such study not
later than two years after the date the Center for
Education of the National Academies enters into such
agreement.
(e) Task Force.--
(1) Establishment.--Upon submission of the final
report under subsection (d)(2), the Secretary of
Education shall establish a task force to make policy
recommendations to the Secretary regarding the findings
of the report.
(2) Membership.--The membership of the task force
established under paragraph (1) shall include chief
State school officers, State reading consultants,
master teachers, national reading experts, and
researchers with expertise in relevant fields.
(3) Public hearings.--The task force established
under paragraph (1) shall hold public hearings to
provide an opportunity for public comment on the
recommendations made under paragraph (1).
SEC. 1117. REPORT ON INCOME CONTINGENT REPAYMENT THROUGH THE INCOME TAX
WITHHOLDING SYSTEM.
(a) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of Education and the
Secretary of the Treasury shall conduct a study to determine
the feasibility and benefits of developing a system through
which a borrower who is repaying a loan through the income
contingent repayment plan or the income-based repayment program
may make payments on the loan using the income tax withholding
system (referred to in this section as ``direct IDEA loans'').
The goal of this program would be to--
(1) streamline the repayment process and provide
greater flexibility for borrowers electing to use the
direct IDEA loan;
(2) reduce the number of loan defaults by
borrowers; and
(3) reduce the redundancy in reporting information
pertaining to income contingent repayment and income-
based repayment to the Department of Education,
institutions, and applicants.
(b) Evaluations.--In conducting the study under subsection
(a), the Secretary of Education and the Secretary of the
Treasury shall evaluate--
(1) the feasibility of implementing direct IDEA
loans by the Department of Education and the Department
of the Treasury;
(2) any advantages or disadvantages of direct IDEA
loans on borrowers and taxpayers;
(3) the program structure necessary to administer
direct IDEA loans; and
(4) whether the repayment programs that implement
income contingent and income-based repayment collected
through revenue services, such as programs in England,
Australia, and New Zealand, could be effective in
collecting loan payments under the income contingent
and income-based repayment options in the United
States.
(c) Recommendations.--Not later than one year after the
date of enactment of this Act, the Secretary of Education and
the Secretary of the Treasury shall provide a report on the
study conducted under subsection (a) to Congress. The report
shall include recommendations based on the factors examined in
subsection (b) for implementing direct IDEA loans, including
the necessary statutory changes needed to implement such
repayment option.
SEC. 1118. DEVELOPING ADDITIONAL MEASURES OF DEGREE COMPLETION.
(a) In General.--The Secretary of Education, in
coordination with the Commissioner for Education Statistics and
after consultation with representatives from diverse
institutions of higher education, students, experts in the
field of higher education policy, State higher education
officials, and other stakeholders in the higher education
community, shall issue a report with recommendations to
Congress about alternatives ways to measure and report degree
or program completion rates for institutions of higher
education receiving funds under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
(b) Measures to Take Into Consideration.--The alternative
measures described in subsection (a) shall consider--
(1) the number of degrees awarded and the increase
in number of degrees awarded disaggregated by race,
ethnicity, gender, and income for all students who have
earned a degree; and
(2) the increase in degrees awarded in high-need
fields such as science, technology, engineering,
mathematics, education, and nursing.
SEC. 1119. STUDY ON THE FINANCIAL AND COMPLIANCE AUDITS OF THE FEDERAL
STUDENT LOAN PROGRAM.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study to examine all the financial and
compliance audits and reviews required or conducted as part of
the proper management of the Federal student loan programs
under parts B and D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq. and 1087a et seq.), whether each
such audit or review is required under a law or is otherwise
performed in order to evaluate a program.
(b) Content of Study.--
(1) Comparison of audits and reviews under parts b
and d of title iv.--As part of the study under
subsection (a), the Comptroller General of the United
States shall compare the audits and reviews of programs
under parts B and D of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.)
for purposes of--
(A) determining whether such audits and
reviews are comparable among programs;
(B) determining whether such audits and
reviews result in a level of protection of
borrower interests and of Federal fiscal
interests that is comparable for each program;
and
(C) determining the extent to which the
Department of Education ensures timely
submission of required financial and compliance
audits and reviews and compliance with
statutory and regulatory requirements.
(2) Additional content of study.--The study under
subsection (a) shall--
(A) provide a list of the financial and
compliance audits and reviews required or
conducted as part of the proper management of
the Federal student loan programs under parts B
and D of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1071 et seq. and 1087a et
seq.);
(B) determine the frequency of each audit
and review;
(C) provide a list of the entities and
activities that are the subject of each audit
and review, including institutions of higher
education, servicers, secondary markets,
guaranty agencies, the Department of Education
and the contractors of the Department of
Education, and any other entities that are
required to participate in the audit or review;
(D) determine the degree of individual
borrower level reconciliation required under
Federal student loan programs under such parts
B and D of title IV;
(E) make recommendations with respect to
such audits and reviews to ensure--
(i) such audits and reviews are
comparable among Federal student loan
programs under such parts B and D of
title IV; and
(ii) a level of protection of
borrower interests and of Federal
fiscal interests that is comparable for
Federal student loan programs under
such parts B and D of title IV, to the
extent such comparability does not
exist; and
(F) assess the extent to which the
Department of Education makes appropriate use
of such financial and compliance audits and
reviews in the Department's administration and
oversight of the Federal student loan programs
under such parts B and D of title IV.
SEC. 1120. SUMMIT ON SUSTAINABILITY.
Not later than September 30, 2010, the Secretary of
Education, in consultation with the Administrator of the
Environmental Protection Agency, 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.
SEC. 1121. NURSING SCHOOL CAPACITY.
(a) Findings.--Congress finds the following:
(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 enter into an
agreement with the Institute of Medicine of the
National Academy of Sciences to conduct 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 paragraph will include information
on the following:
(A) The trends in applications for
attendance at schools of nursing that are
relevant to the purpose of the study, 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 for not pursuing
faculty positions, 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--
(i) entry-level graduates of the
schools of nursing are satisfied with
their educational preparation,
including their participation in nurse
externships, internships, and residency
programs; and
(ii) such entry-level graduates 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.--The Institute of Medicine may
include in the recommendations developed under
paragraph (1)(B) 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;
(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 paragraph will consider
the perspectives of--
(i) nurses and physicians in each
of the various types of inpatient,
outpatient, and residential facilities
in the health care delivery system;
(ii) faculty and administrators of
schools of nursing;
(iii) providers of health plans or
health insurance; and
(iv) 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
paragraph, including 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 enactment of this
section, the Institute of Medicine shall submit a
report providing the findings and recommendations made
in the study under this section to the Secretary and
the authorizing committees.
(6) Other organization.--If the Institute of
Medicine 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.--In this section:
(1) Terms in public health service act.--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 (42 U.S.C. 296).
(2) School of nursing.--The term ``school of
nursing'' means a collegiate school of nursing, an
associate degree school of nursing, or a diploma school
of nursing in a State.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Education.
SEC. 1122. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.
(a) Definitions.--In this section:
(1) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
(2) Truth in lending act.--The terms ``covered
educational institution'' and ``private education
loan'' have the meanings given the terms in section 140
of the Truth in Lending Act, as added by title X.
(b) Study.--The Comptroller General of the United States
shall 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 education loans;
(2) to examine whether and to what extent the
inclusion of such nonindividual factors--
(A) increases access to private education
loans for borrowers who lack credit history or
results in less favorable rates for such
borrowers; and
(B) affects the types of private education
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 and institutions of
higher education; 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 education
loans, based on gender, race, income level, and covered
educational institution.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Financial Services of the House of Representatives on the
results of the study required by this section.
SEC. 1123. FEASIBILITY STUDY FOR STUDENT LOAN CLEARINGHOUSE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study of the feasibility of developing a
national student loan clearinghouse on the website of the
Department of Education 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 (20 U.S.C.
1071 et seq. and 1087a et seq.) and private education
loans (as defined in section 140 of the Truth in
Lending Act)), for both undergraduate and 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) 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
consumer reporting agencies.
(3) Options concerning the establishment and
ongoing maintenance of such a system, including whether
such a system should be operated by one or more
entities, and methods to finance such a system at no or
minimal cost to consumers and the Government.
(4) Other features that could help prospective
borrowers make informed decisions in selecting lenders
from whom to obtain Federal and private education
loans.
(b) Consultation.--In conducting the study under subsection
(a), the Comptroller General of the United States shall consult
with--
(1) the Secretary of Education;
(2) the Federal Trade Commission;
(3) representatives of student loan borrowers;
(4) representatives from institutions of higher
education, including financial aid administrators,
registrars, business officers, and student affairs
officials;
(5) Federal and private educational lenders (as
defined in section 140 of the Truth in Lending Act),
loan servicers, and guaranty agencies; and
(6) other appropriate entities with relevant
experience.
(c) Report.--Not later than two years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the authorizing committees a report on
the study conducted under subsection (a).
SEC. 1124. STUDY ON DEPARTMENT OF EDUCATION OVERSIGHT OF INCENTIVE
COMPENSATION BAN.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a study of efforts by the Secretary of
Education to enforce the provisions of section
487(a)(20) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(20)); and
(2) submit to the authorizing committees a report
that provides the results of such study.
(b) Content of Report.--The report submitted under
subsection (a) shall include--
(1) an analysis of the nature, extent, and
effectiveness of the Secretary of Education's
activities to enforce the provisions of section
487(a)(20) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(20));
(2) the number of institutions of higher education
for which investigations were initiated by the
Secretary for potential violations of such section
since 1998;
(3) in cases where violations of such section by
institutions of higher education were substantiated by
the Secretary--
(A) the names of such institutions;
(B) the nature of the violations; and
(C) the penalty, if any, imposed by the
Secretary for such violations;
(4) an analysis of the impact of the ``safe
harbor'' regulations under section 668.14(b)(22)(ii)(A)
through (L) of title 34, Code of Federal Regulations,
promulgated under such section 487(a)(20), on the
number and nature of cases examined by the Secretary
for potential violations of such section 487(a)(20),
including whether the number of cases examined by the
Secretary has increased or decreased since such
regulations went into effect;
(5) information on the extent to which the
Secretary has considered efforts by States to examine
unethical or unlawful student recruitment or admissions
practices by institutions of higher education,
including practices that violate the provisions of such
section 487(a)(20); and
(6) information on the extent to which the
Secretary reviews publicly-available documents, such as
filings to the Securities and Exchange Commission, to
monitor the compliance of institutions of higher
education with the provisions of such section
487(a)(20).
SEC. 1125. DEFINITION OF AUTHORIZING COMMITTEES.
For purposes of this title, the term ``authorizing
committees'' has the meaning given such term in section 103 of
the Higher Education Act of 1965, as amended by this Act.
And the Senate agreed to the same.
George Miller,
Ruben Hinojosa,
John F. Tierney,
David Wu,
Timothy Bishop,
Jason Altmire,
John Yarmuth,
Joe Courtney,
Robert E. Andrews,
Bobby Scott,
Susan A. Davis,
Danny K. Davis,
Mazie K. Hirono,
Bart Gordon,
Brian Baird,
John Conyers, Jr.,
Maxine Waters,
Buck McKeon,
Ric Keller,
Thomas Petri,
Cathy McMorris Rodgers,
Mike Castle,
Mark Souder,
Vernon J. Ehlers,
Judy Biggert,
Louie Gohmert,
Managers on the Part of the House.
Ted Kennedy,
Christopher Dodd,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Patty Murray,
Jack Reed,
Hillary Rodham Clinton,
Barack Obama,
Bernard Sanders,
Sherrod Brown,
Michael B. Enzi,
Judd Gregg,
Richard Burr,
Lisa Murkowski,
Orrin G. Hatch,
Pat Roberts,
Wayne Allard,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4137), submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
Section 1. Short title; table of contents
The Senate amendment and the House bill have different
short Titles for the Act. The Senate amendment titles the Act
the ``Higher Education Amendments of 2007.'' The House bill
titles the Act the ``College Opportunity and Affordability Act
of 2007.'' The Senate amendment lists ``references'' and
``general effective date'' as separate Sections in the table of
contents. The House bill combines ``references'' and ``general
effective date'' in one Section.
The Senate recedes with an amendment to title the
conference report the ``Higher Education Opportunity Act.''
Section 2. References
The Senate amendment and the House bill provide that
references are to the Higher Education Act of 1965 (HEA) unless
otherwise expressly provided.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 3. General effective date
The Senate amendment and the House bill provide that the
amendments in this Act are effective on the date of enactment,
unless otherwise specified.
The Conferees adopt the provision as proposed by both the
Senate and the House.
TITLE I--GENERAL PROVISIONS
Section 101. General definition of institution of higher education
The House bill amends the definition of an institution of
higher education to explicitly include homeschooled students
meeting the requirements of Section 484(d)(3).
The Senate amendment and the House bill modify the
definition of an institution of higher education to include an
additional type of educational degree. The Senate amendment and
the House bill allow public or nonprofit private institutions
of higher education to enroll students who are dually or
concurrently enrolled in the institution and a secondary school
as regular students.
The Senate recedes.
Section 102. Definition of institution of higher education for purposes
of Title IV programs
The Senate amendment and the House bill retain the
provision requiring proprietary institutions of higher
education to receive at least ten percent of their revenues
from non-Title IV sources. The requirement is moved from the
section in Title I that defines institutions of higher
education to the section in Title IV that contains program
participation agreement requirements. The Senate amendment and
the House bill allow proprietary institutions and postsecondary
vocational institutions to admit students who are dually or
concurrently enrolled in the institution and a secondary school
as regular students.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an additional provision to allow
for proprietary institutions to offer bachelor's degrees in
liberal arts. In adding this provision, the Conferees do not
intend to affect the eligibility of current programs or alter
the method used by the Secretary in determining ``recognized
occupations'' as required by 102(b)(1)(A)(i). The Conferees
intend for the Secretary to continue to refer to the latest
edition of the Dictionary of Occupational Titles published by
the Department of Labor's Bureau of Labor Statistics in making
this determination. Additionally, the Conferees understand that
some programs offered by an institution may fit both the
definitions in (A)(i) and (ii). The Conferees do not intend the
terms ``gainful employment in a recognized occupation'' and
``liberal arts'' to be mutually exclusive.
The House bill adds nursing schools to the types of
institutions of higher education located outside the United
States that may be for-profit (proprietary) institutions of
higher education and authorized to certify unsubsidized
Stafford Loans and PLUS Loans to eligible students.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment clarifies that graduate medical
schools located outside of the United States which, under
current law, are eligible to participate in Title IV, Part B
loan programs because they have a clinical training program
that was approved by a state as of January 1, 1992, must have
continuously operated a state approved clinical training
program in not less than one state that has approved the
program.
The House bill clarifies that graduate medical schools
located outside of the United States which, under current law,
are eligible to participate in Title IV, Part B because they
have a clinical training program that was approved by a state
as of January 1, 1992, must continue to operate a state
approved clinical training program in not less than one state
that has approved the program.
The Senate recedes.
The House bill adds a specific set of criteria that
nursing schools located outside of the United States are
required to meet in order to qualify to certify unsubsidized
Stafford Loans and PLUS Loans for their students. Such nursing
schools must have agreements with hospitals or nursing schools
located in the United States that include provisions for
students to complete their clinical training at those hospitals
or schools. They must also agree to reimburse the Secretary for
the costs of any loan defaults to the extent that the
institution's cohort default rate exceeds five percent.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to specify that to
be eligible, nursing schools located outside of the United
States must have agreements with hospitals or accredited
schools of nursing located in the United States that require
the nursing students to complete training and receive a degree
from the partner accredited institution of higher education and
to permit the eligible nursing schools to certify subsidized
Stafford loans in addition to unsubsidized Stafford and PLUS
loans. Also, such international nursing schools must agree to
reimburse the Secretary for the cost of any loan defaults for
students included in the school's cohort default rate the
previous year. In addition, at least seventy-five percent of
the students or graduates from such nursing schools must
receive a passing score on the National Council Licensure Exam
for Registered Nurses in the year prior to the year the school
is eligible to certify Part B loans.
The House bill adds a third set of criteria that graduate
medical schools located outside of the United States can meet
in order to be eligible to offer unsubsidized Stafford Loans
and PLUS Loans to their students. The House bill permits such
eligibility for graduate medical schools outside the United
States that have a clinical training program that was approved
by the U.S. state prior to January 1, 2008, and agree to
reimburse the Secretary for the costs of any loan defaults
included in the institution's cohort default rate during the
previous fiscal year.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the
advisory panel of medical experts to submit a report to the
Secretary and the authorizing committees within one year after
date of enactment of this Act that will provide recommendations
for alternate eligibility criteria for participation in the
loan programs by foreign medical schools that do not meet the
current statutory criteria. 180 days after the submission of
the report, the Secretary may issue proposed regulations that
would establish alternate criteria for the eligibility of
graduate medical schools located outside of the United States.
The Secretary may issue final regulations no earlier than one
year after the issuance of the proposed regulations.
The Senate amendment increases the pass rate percentage
required for foreign medical schools to be eligible to certify
student loan eligibility from sixty percent to seventy-five
percent effective July 1, 2010.
The House bill contains no similar provision.
The House recedes.
Section 103. Additional definitions
The Senate amendment and the House bill include a
definition of ``authorizing committees.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill contain
definitions of ``critical foreign language'' that reference an
August 2, 1985 Federal Register notice. The House definition
includes ``Except as otherwise provided'' at the beginning of
the definition. The House bill authorizes the Secretary of
Education to update the list of critical languages.
The Senate recedes.
The House bill adds a definition for a ``high-need
school.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to move the
definition to Title II and modify the definition.
The House bill includes a definition for ``universal
design.''
The Senate amendment contains no similar definition.
The Senate recedes with an amendment adopting the
definition of the term as found in Section 3 of the Assistive
Technology Act of 1998.
The House bill includes a definition for ``universal
design for learning.''
The Senate amendment contains no similar definition.
The Senate recedes with an amendment to define
``universal design for learning'' as follows: A scientifically
valid framework for guiding educational practice that provides
flexibility in the ways information is presented, in the ways
students respond or demonstrate knowledge and skills, and in
the ways students are engaged; and, reduces barriers in
instruction, provides appropriate accommodations, supports, and
challenges, and maintains high achievement expectations for all
students, including students with disabilities and students who
are limited English proficient.
Section 104. Protection of student speech and association rights
The Senate amendment expands on the current sense of
Congress on the protection of student speech and association
rights in several ways, including by specifying that the
diversity of institutions of higher education and educational
missions is a strength of higher education in the United
States; institutions of higher education have different
missions and should design their academic programs in
accordance with their educational goals; colleges should
facilitate the free and open exchange of ideas; students should
not be intimidated, harassed, discouraged from speaking out, or
discriminated against; and students should be treated equally
and fairly. The Senate amendment modifies current law to
require that any sanctions on students be imposed ``objectively
and fairly.''
The House bill contains no similar provisions.
The House recedes.
Section 105. Treatment of territories and territorial student
assistance
The House bill changes the Title of Section 113. The
House bill deletes Subsection (b), which expired September 30,
2004. That provision addressed the eligibility of institutions
of higher education in the Freely Associated States for TRIO
programs.
The Senate amendment contains no similar provisions.
The Senate recedes.
Section 106. National Advisory Committee on Institutional Quality and
Integrity
The Senate amendment replaces the existing National
Advisory Committee on Institutional Quality and Integrity
(NACIQI) and establishes a new Committee with a new name--the
Accreditation and Institutional Quality and Integrity
Committee. The Senate amendment provides that the Committee is
established ``to assess the process of accreditation and the
institutional eligibility and certification'' of institutions
of higher education.
The House bill contains the same provision except it does
not rename the Committee.
The Senate recedes.
The Senate amendment specifies that NACIQI will have
fifteen Committee members with five members appointed by the
Secretary, five members appointed by the Speaker of the House
(based on recommendations from the Majority and Minority
Leaders in the House), and five members appointed by the
President pro tempore of the Senate (based on recommendations
from the Majority and Minority Leaders in the Senate).
The House bill specifies that the NACIQI will have
eighteen members with six members appointed by the Secretary,
six members appointed by the Speaker of the House (three
members based on recommendations from the House Majority Leader
and three members based on recommendations from the House
Minority Leader) and six members appointed by the President pro
tempore of the Senate (three members based on recommendations
from the Majority Leader in the Senate and three members based
on recommendations from the Minority Leader in the Senate).
The Senate recedes.
The Senate amendment and the House bill establish
qualifications for NACIQI members.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill establish six
year terms and a process for filling vacancies for NACIQI
members. The Senate amendment and the House bill require
vacancies to be filled in the same manner as the original
appointment and not later than ninety days after the vacancy
occurs. If the vacancy occurs in a position to be filled by the
Secretary, the Secretary must post a notice in the Federal
Register not later than thirty days after the vacancy.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment creates initial terms for members,
staggering the expiration of the terms of appointment. Members
appointed by the Secretary will serve two-year terms.
The House bill creates initial terms for members,
staggering the expiration of the terms of appointment. Members
appointed by the Secretary will serve three year terms.
The Senate recedes.
The Senate amendment and the House bill establish the
process for selecting a chairperson. The Senate amendment and
the House bill retain all of the current functions of NACIQI,
except for developing standards and criteria for specific
categories of institutions of higher education for which no
accrediting agency exists.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill adds the requirement that the NACIQI take
into consideration complaints, and the resolution of such
complaints by the Accreditation Ombudsman, when advising the
Secretary about accrediting agencies of associations.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill retain the
requirement that the NACIQI meet at least twice a year and that
the Secretary publish the date of each meeting in the Federal
Register. The Chairperson is required to establish the agenda,
which must include an opportunity for public comment, and
provide it to NACIQI members upon notification of the meeting.
The Senate amendment and the House bill drop the requirement
that the meeting date and agenda be approved by the Secretary.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment requires that the Secretary's
designee be invited to all meetings. The designee may
facilitate the flow of information between the NACIQI and the
Secretary, but has no authority over the agenda.
The House bill contains no similar provision.
The House recedes with an amendment to strike the
language clarifying that the designee may facilitate the flow
of information between NACIQI and the Secretary, but has no
authority over the agenda.
The Conferees recognize that the Federal Advisory
Committee Act requires that the Secretary appoint a designated
federal official to be present at meetings of NACIQI.
The Senate amendment and the House bill require the
provisions of the Federal Advisory Committee Act, except
Section 14, apply to the NACIQI. Section 14 addresses the
termination, renewal, and continuation of federal advisory
Committees.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill prohibits the NACIQI from basing a
recommendation for the denial of an application for recognition
by an accrediting agency on any reason other than those
included in Section 496.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill require the
Secretary to publish a notice in the Federal Register that
contains information about NACIQI members, and to solicit
nominations for NACIQI positions to be filled by the Secretary.
The Senate amendment and the House bill require the NACIQI to
provide an annual report to the Secretary that includes a
detailed summary of the activities of the NACIQI, general
information about the meetings, a list of NACIQI members and
their contact information, and a list of NACIQI functions. Both
the Senate amendment and the House bill sunset the NACIQI on
September 30, 2012.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an amendment to remove the
contact information for NACIQI members from the information to
be provided in the annual report and to change the termination
date of NACIQI to September 30, 2014.
The Senate amendment terminates the current NACIQI thirty
days after enactment.
The House bill contains no similar provision.
The House recedes with an amendment to end the terms of
current NACIQI members on the date of enactment of this Act.
The House bill establishes the new committee on January
1, 2009.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 107. Drug and alcohol abuse prevention
The Senate amendment and the House bill require an
institution of higher education, in its biennial review, to
determine the number of drug and alcohol-related incidents and
fatalities that have occurred on the institution's property or
as part of the institution's activities and that are reported
to that institution of higher education.
The Senate and the House recede with an amendment to
replace ``incidents'' with ``violations,'' amend the language
to require that violations be reported to ``campus officials''
(as opposed to institutions), and replace ``property'' with
``campus.''
By requiring institutions to report drug and alcohol-
related violations and fatalities, the Conferees intend to
ensure that the information reported by institutions of higher
education cover incidents that are located on the campus of the
institution of higher education (as that term is defined by the
Clery Act) and that are reported to officials at the
institution of higher education. Officials shall include campus
security and school administrators, and may include other
employees at the institution of higher education if they are
required to report or enforce institutional policies.
The House bill extends the authorization of
appropriations for such sums as necessary for the Alcohol and
Drug Abuse prevention grants to fiscal year 2009 and the five
succeeding fiscal years.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill eliminates the National Recognition
Awards.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 108. Prior rights and obligations
The Senate amendment changes the authorization period to
fiscal year 2008 and each succeeding fiscal year. The House
bill changes the authorization period to fiscal year 2009 and
each succeeding fiscal year.
The Senate recedes.
Section 109. Diploma mills
The House bill included, in title VIII, provisions that
defined diploma mills, required the Secretary to create a
database of accrediting agencies and associations, eligible
institutions, and credible foreign-degree granting
institutions, required the Secretary of Education to develop a
diploma mill task force and required the task force to submit a
report to Congress on a plan to prevent diploma mills from
being created.
The Senate amendment had no such provisions.
The Senate recedes with an amendment to move the
definition of a diploma mill to Title I, require the Secretary
to maintain information and resources on the Department's
website to assist students and families in understanding what a
diploma mill is and how to avoid a diploma mill and strike the
other provisions.
Section 110. Improved information concerning the federal student
financial aid website
The Senate amendment and the House bill require the
Secretary to ensure that the homepage of the U.S. Department of
Education's website includes a link to student financial aid
information. The House bill further specifies that the link is
to the federal student financial aid website at the Department
of Education.
The Senate recedes.
The House bill authorizes the Secretary to use
administrative funds for operations and expenses to promote the
availability of the federal student financial aid website.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment requires the Secretary no later than
180 days after the date of enactment of this Act to contract
with an independent organization with expertise in the
development of consumer-friendly websites to develop
improvements to the usefulness and accessibility of information
provided by the Department of Education on college financial
planning and student financial aid on its website.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment requires the Secretary, not later
than one year after the date of enactment of the Act, to
implement the improvements to the college financial planning
and student financial aid website developed by the contractor.
The Senate amendment requires the Secretary to publicize the
availability of information on the college financial planning
and student financial aid website.
The House bill contains no similar provisions.
The House recedes with an amendment to remove the
deadline and the references to the outside contractor, to
specify that the Secretary shall continue to improve the
usefulness and accessibility of information provided by the
Department and to require that the access to additional sources
of information be coordinated through the Department's
database.
The House bill requires the Secretary to publish
information on the federal student financial aid website about
student financial assistance available from other federal
departments and agencies. The House bill requires each federal
department and agency to respond promptly to requests from the
Secretary for information about student financial aid programs
available through the department or agency. The House bill
defines ``non-departmental student financial assistance
program.''
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to require the
Secretary to request information from other departments and
agencies and to make such information easily accessible and
searchable through the federal student financial aid website
and to include links or other appropriate access to a national
database on student financial assistance for the study of
science, technology, engineering and math, and to information
about all federal and state student financial assistance
available to eligible members and veterans of the Armed Forces
and their families. To identify the information useful for
military members and veterans, the Secretary is required to
coordinate with the Secretary of Defense and the Secretary of
Veterans Affairs.
The House bill establishes ``maintenance of effort''
(MOE) requirements that, after July 1, 2008, states must meet
to receive funding under the House-proposed ``Grants for Access
and Persistence'' (GAP) program, which replaces the existing
Special Leveraging Educational Assistance Partnership program.
If a state does not meet the MOE requirements, the Secretary
shall withhold funds that would be available to the state for
the GAP program until the state has made significant efforts to
meet those requirements. The House bill requires the Secretary
to conduct a study of cost containment methods used by
institutions of higher education, to disseminate information
from the study, to publicly recognize institutions of higher
education doing an effective job of cost containment, and to
work with institutions of higher education to implement cost
containment methods.
The Senate amendment contains no similar provisions.
The House recedes.
Section 111. Transparency in college tuition for consumers
The Senate amendment and the House bill set forth how
``net price'' is to be calculated under the transparency in
college tuition section. The Senate definition focuses on
tuition and fees ``paid by'' a full-time undergraduate student,
while the House definition focuses on tuition and fees
``actually charged'' to a full-time undergraduate student.
The Senate and the House recede with an amendment to
define ``net price'' as the average yearly price actually
charged to a full-time, first-time undergraduate student
receiving student aid, calculated by subtracting average grant
aid from federal, state and institutional sources from the cost
of attendance and to add a definition of cost of attendance for
this section that means the average annual cost of tuition and
fees, room and board, books and supplies, and transportation
for first time, full-time degree or certificate seeking
undergraduate students enrolled at an institution, as such data
are currently reported by institutions to the Secretary and
made available on the College Navigator website.
The Conferees recognize that a number of colleges and
universities offer programs that reduce or eliminate student
debt or otherwise significantly reduce the cost of college for
students and that such programs shall be considered grant aid
from institutional sources for the purposes of calculating net
price under this Section. The Conferees also recognize that
some public two-year institutions calculate tuition and fees
for residents of the community college district using an in-
district tuition and fee schedule. The Conferees intend for in-
district tuition and fee rates to be used in calculating the
net price, tuition and fees and cost of attendance for those
community colleges in the same manner as in-state tuition and
fees and in-state students are used in calculating the net
price, tuition and fees and cost of attendance for four-year
public institutions.
The Senate amendment and the House bill require the
development of education price indices that reflect the annual
change in tuition and fees for undergraduate students by
institutional category and for all institutions of higher
education overall.
The Senate and the House recede.
The Senate amendment and the House bill require the
Secretary to report annually information on institutional
tuition and fees. The House bill specifically requires that
this information be made available on the College Navigator
website.
The Senate recedes.
The Senate amendment requires the Secretary to develop
and make publicly available a national list and a list for each
state, referred to as ``Higher Education Price Increase Watch
Lists.'' The lists rank each institution of higher education
that has an increase in tuition and fees in excess of the
percentage increase in its applicable higher education price
index based on the change in the tuition and fees over the
preceding two years. The House bill requires the Secretary to
publish three annual lists to be created at the national level
by institutional category: the five percent of institutions of
higher education with the highest tuition and fees; the five
percent of institutions of higher education with the lowest
tuition and fees; and the five percent of institutions of
higher education with the highest percentage increase in
tuition and fees over the most recent three-year period.
The Senate and the House recede with an amendment to
require the Secretary to publish six lists, by institutional
category: the five percent of institutions of higher education
that have the highest tuition and fees for the most recent
year; the five percent of institutions of higher education that
have the highest net price for the most recent year; the five
percent of institutions of higher education that have the
largest percentage increase in tuition and fees over the most
recent three years; the five percent of institutions of higher
education that have the largest percentage increase in net
price over the most recent three years; the ten percent of
institutions of higher education that have the lowest tuition
and fees for the most recent year; and the ten percent of
institutions of higher education that have the lowest net price
for the most recent year.
The Conferees recognize that many institutions of higher
education have developed innovative tuition practices to
restrain costs and increase the predictability of college
expenses for students and parents. The Conferees commend the
use of these innovative approaches, including the use of
guaranteed tuition plans, and do not intend to subject
institutions that use them to a reporting standard that
portrays the cost of attendance in an inaccurate or misleading
way. Therefore, in calculating the affordability and
transparency lists in subsections (b)(3) and (b)(4) of Section
132, the Conferees direct the Secretary to develop a method for
accurately representing the percentage change in tuition and
fees and net price for students at institutions offering
guaranteed tuition plans. However, the Conferees do not intend
to otherwise change the applicability of these subsections to
such institutions, or exempt such institutions from the
requirements of subsection (d), where applicable.
For reporting purposes, the Senate amendment requires
reporting by nine institutional categories. The House bill
requires use of the nine institutional categories in the Senate
amendment and an additional category that includes institutions
of higher education overall.
The House recedes.
The House bill requires any institution of higher
education that is in the five percent of institutions of higher
education by sector, based on the percentage increase in
tuition and fees over a three year period, to provide the
Secretary with a description of the factors contributing to the
increase in tuition and fees. These institutions of higher
education are also required to establish a quality efficiency
task force to review their operations, analyze their operating
costs in comparison with costs at other institutions of higher
education in the same category, identify and evaluate areas for
cost reduction, develop annual benchmarks for costs reduction
in the identified areas, and submit a report to the Secretary.
If an institution of higher education fails to meet the
benchmarks, it must also provide the Secretary a detailed
explanation for why the benchmarks were not met. The House bill
requires the Secretary to compile the information submitted by
institutions of higher education, submit an annual report to
the authorizing Committees, and publish the annual report on
the College Navigator website.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to require
institutions of higher education that appear on either or both
lists of institutions of higher education with the greatest
percentage increases in net price or in tuition and fees to
submit to the Secretary a description of the major areas in the
institution's budget with the greatest cost increases, an
explanation of cost increases, and a description of the steps
the institution of higher education will take to reduce costs
in those major areas. If the cost increases were not in the
exclusive control of the institution of higher education, the
institution must include a description of the other entities
that participate in the determination. Institutions of higher
education that are required to submit such report and that
appear on the same list for two consecutive years are required
to submit a follow-up report describing the progress on the
steps identified in the report submitted in the previous year.
The House bill exempts from the cost increase list and
the reporting requirements those institutions of higher
education whose tuition and fees are in the lowest quartile for
institutions of higher education in their sector, and
institutions of higher education whose total dollar increase in
tuition and fees was less than $500 over the three year period.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to provide one
exemption for institutions of higher education whose total
dollar increase in tuition and fees or in net price was less
than $600 over the three year period and, beginning in 2014 and
every three years thereafter, to increase such dollar amount
based on increases in the consumer price index.
The Senate amendment and the House bill require the
Secretary to report annually on state higher education
appropriations. The House bill specifically requires the
Secretary to publish this information on the College Navigator
website. The Senate amendment requires the Secretary to report
on the percentage change in the state appropriations per
enrolled student in a public institution of higher education
compared with the percentage change in tuition and fees for
each public institution of higher education for each of the
previous five years, and the total amount of grant aid provided
by the state to students attending an institution of higher
education in the state. The House bill requires a similar
comparison but bases it on full-time equivalent (FTE) students.
The Senate and the House recede with an amendment to base
the five year percentage change in state spending and in
tuition and fees on FTE students at public institutions of
higher education in the state and to require one comparison
chart for all public institutions of higher education in the
state, rather than for each school separately. The Secretary is
also required to report the percentage change in need-based and
merit-based aid provided by each state to full-time students.
The Senate amendment and the House bill require the
Secretary, in consultation with institutions of higher
education, to develop a net price calculator. The Senate
amendment permits institutions of higher education to use a net
price calculator developed by the Secretary or to develop their
own. The House bill requires institutions of higher education
to use the single net price calculator developed by the
Secretary. Both the Senate and the House require institutions
of higher education to adopt and use a net price calculator not
later than three years after the date of enactment of the Act.
The House recedes with an amendment to permit
institutions of higher education to use their own calculator as
long as it includes at least the same data elements as the one
developed by the Secretary. A net price estimate must be
accompanied by a disclaimer explaining that such estimate does
not represent a final determination or actual award of
financial assistance; shall not be binding on the Secretary,
the institution of higher education, or the state; and that the
estimate may change. Students must complete the Free
Application for Federal Student Aid (FAFSA) in order to be
eligible for, and receive, an actual financial aid award, which
may include Federal grants, loans, or work-study assistance
under Title IV.
The Senate amendment and the House bill include new
requirements related to data collected from institutions of
higher education. The Senate amendment requires the Secretary
to develop a model document, known as the University and
College Accountability Network (U-CAN), that institutions of
higher education can use voluntarily to report basic
information about the institution of higher education that
would then be posted on the appropriate Department of Education
website. The House bill would require the Secretary to post the
data elements on the College Navigator website.
The Senate recedes.
The data elements required to be reported by institutions
of higher education in the Senate amendment and the House bill
are similar. The House bill requires institutions to report
information on: the number of undergraduate students who have
registered with the relevant institutional office as students
with disabilities; graduation rates by income category; the
number of full-time, part-time, and adjunct faculty, and the
number of graduate teaching and research assistants with
instructional responsibilities; average annual grant data by
income category; and the institution's cohort default rate.
The Senate recedes with an amendment to require
institutions of higher education to report: the percentage of
undergraduate students who have formally registered as students
with disabilities, unless the percentage is below three
percent, in which case the institution may report ``three
percent or less''; percentage of first-time, full-time students
who receive degrees or certificates within the normal time for
completion, and within 150 percent and 200 percent of the
normal time; the number of full-time and part-time faculty and
graduate teaching assistants with primarily instructional
responsibilities; the average annual grant amount for a first-
time, full-time undergraduate student who receives financial
aid and is enrolled at the institution of higher education; and
the institution's cohort default rate. The Secretary is
required to provide, on each institution's College Navigator
webpage, a link to the appropriate section of the Bureau of
Labor Statistics website that provides regional data on
starting salaries in all major occupations.
The Senate amendment requires data to be published for
the preceding five academic years, while the House bill
requires data to be published for the preceding three academic
years. The Senate amendment requires net price data for one
year, while the House bill requires data for the three
preceding academic years.
The Senate recedes.
The Senate amendment requires the Secretary to consult
with current and prospective college students and their
families and institutions of higher education in making
improvements to the College Navigator website.
The House bill contains no similar provision.
The House recedes.
The Senate amendment includes an authorization of
appropriations for carrying out this subsection.
The House bill contains no similar provision.
The Senate recedes.
The Conferees encourage the Secretary to continue to
improve the College Navigator to maximize its usefulness for
searching through data in a manner that is beneficial to the
public. The Conferees also recognize that the Secretary
currently collects information for the College Navigator for
institutions of higher education that do not participate in
Title IV programs and encourage the Secretary to continue to
collect information from such institutions that choose to
provide it.
The House bill requires the Secretary to include a higher
education pricing summary page on the College Navigator website
that can be sorted and searched by users and contains various
data elements related to price.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include the net
price on the summary page for the three most recent available
academic years and, beginning July 1, 2010, the average net
price by income category for students receiving federal student
financial aid.
The Conferees note that the Secretary currently collects
information on instructional spending and the Conferees do not
intend to limit the Secretary in publishing this information on
the pricing summary page.
The House bill establishes income categories for
reporting purposes and requires the Secretary to update the
income categories annually based on inflation. The House bill
includes an exemption from reporting institutional aid data by
income category at institutions of higher education where
income data is not collected from recipients of institutional
aid.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to change the income
categories to: $0-30,000; $30,001-48,000; $48,001-75,000;
$75,001-110,000; and $110,001 and up, and to require reporting
only for students receiving federal student financial aid under
Title IV.
The House bill includes a provision in title IV that
would require all institutions that receive title IV aid to
provide every incoming student with a multi-year tuition
schedule or a single-year tuition schedule with non-binding
estimates of tuition levels, after financial aid is awarded,
for the following several years. The Secretary has the
authority to waive this requirement if the institution can
demonstrate that it has suffered economic distress, dramatic
reduction of state or federal aid or other circumstances that
the Secretary would deem valid.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to move the multi-
year tuition concept to Title I and to require the Secretary to
develop a multi-year tuition calculator to provide estimates of
annual tuition and fees and the total amount of tuition
prospective students may pay for the duration of their program
of study, based on the average annual percentage change in the
institution's tuition and fees for the three most recent
academic years. The calculator shall be developed in such a
manner to allow for the comparison of estimates across multiple
institutions of higher education. Such calculation must include
a separate disclaimer that the calculation is an estimate only
and shall not be binding on the Secretary of Education, the
institution of higher education, or the state and may change
due to state appropriations or other factors and that the
student must complete the FAFSA in order to be eligible for
aid. In the case of an institution that offers a multi-year
tuition guarantee program, the calculator must allow a
prospective student to enter estimates of tuition and fees
based on the provisions of the guarantee program.
The House bill requires a survey of student aid
recipients to be conducted at least once every four years. The
House bill also requires the survey to be conduced on a state-
by-state basis. The House bill expands on the current goals of
the survey by requiring the survey to: Consider the impact of
education loan debt on students' career choices; describe the
role of the price of postsecondary education in students'
decisions about which institution of higher education to
attend; and describe how the cost of textbooks and other
instructional materials affect the cost of postsecondary
education for students. The House bill retains current law with
respect to the survey design, except that it clarifies that the
survey shall (rather than ``should'') be designed and
administered in consultation with Congress and the
postsecondary education community. The House bill requires the
survey results to be made available in printed and electronic
form.
The Senate amendment contains no similar provisions.
The Senate recedes.
The House bill authorizes the Secretary to issue
regulations to carry out the provisions in this Section.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill presents six findings related to higher
education and the availability of consumer information about
institutions of higher education. The House bill includes a
sense of Congress stating that institutions of higher education
should participate in efforts to provide concise and accessible
online information to prospective students and their families.
The Senate amendment contains no similar provisions.
The House recedes.
Section 112. Textbook information
The House bill includes provisions that provide more
information on the cost of textbooks designed to ensure that
students have better and timelier access to course materials.
The House bill requires publishers to provide faculty
members with price information, copyright dates of all previous
editions in the preceding ten years, substantial content
revisions made between the current and previous editions, and
to disclose whether the textbook or supplemental materials are
available in any other format.
The House bill requires publishers that sell a college
textbook and supplemental material as a single product to offer
the college textbook and each supplement as a separate item.
The House bill requires institutions of higher education
to publish in course schedules for pre-registration and
registration purposes, to the ``maximum extent practicable,''
the International Standard Book Number (ISBN) and the retail
price of course materials.
The House bill requires an institution of higher
education to provide upon request to any college bookstore its
course schedule and materials required or recommended for each
course.
The House bill provides that nothing about these programs
supersedes an institution's autonomy with respect to the
selection of course materials.
The House bill's textbook information program is
effective as of July 1, 2008.
The Senate amendment contains no similar provisions.
The Senate recedes with amendments to the provisions to
clarify the definitions of an integrated textbook and
supplemental materials, and clarify that the provisions apply
only to institutions receiving federal financial assistance.
The amendments require a publisher to provide to faculty or
others selecting textbooks, the wholesale price, and if
available, the retail price at which books are made available
to the public, respectively, and specify the copyright dates of
the three previous editions need to be provided. The amendments
also specify that an institution shall, to the maximum extent
practicable, make the required textbook information, including
ISBN information, available on its Internet course schedule in
a manner of the institution's choosing. Further, an institution
shall publish a link to this information in its written course
schedule. The amendments also encourage institutions to
disseminate information to students about institutional
programs that would help students save money on textbooks, such
as rental programs or buy-back programs, prohibit the Secretary
of Education from promulgating regulations on the section, and
require the Government Accountability Office to conduct a
review of the implementation of these provisions.
The Conferees intend that the provisions in this section
decrease the cost of textbooks for students in higher education
by ensuring that faculty, students, and bookstores all have
sufficient, relevant, and timely information to make informed
purchasing decisions. The information provided as a result of
these provisions should be provided in a consumer-friendly
manner and should be easily accessible. The Conferees further
recognize the shared goals of identifying ways to decrease the
burden of textbook costs on students by all parties, and the
innovation of institutions, publishers, and bookstores in
working toward this goal.
The Conferees recognize the cost savings to students of
used textbooks. Further the Conferees do not intend the
definition of ``integrated textbooks'' to discourage faculty
and students from using such textbooks in their courses.
Textbooks without explicit third-party contract limitations
should not be considered as integrated if an identical used
textbook or used supplemental material is commonly available to
a student, thus making the materials fully usable for its
intended purpose and meeting the requirements of a course of
instruction at an institution of higher education.
It is the intention of the Conferees that institutions of
higher education that do not offer Internet course schedules
are not required to create such schedules for the purposes of
satisfying the requirements of this section; and that
institutions may satisfy the requirements by providing a link
to another appropriate website that satisfies the requirements
of the paragraph, provided that such link is clearly and
prominently located on the institution's Internet course
schedule.
Further, the Conferees recognize the changing use of
technology in the textbook marketplace. The provisions require
institutions, to the maximum extent practicable, to disclose
the ISBN information for each required textbook. As ISBN
information changes, or is replaced by another standard
identification system, the Conferees urge institutions to
provide students with the most up-to-date and accurate
information.
The Conferees understand that while regulations are
prohibited in the context of implementation, enforcement and
oversight, the Secretary of Education may need to develop non-
regulatory guidance. The Conferees recognize that the Secretary
has a variety of means by which to publicize these provisions,
including publication in government materials, and should
provide for the broad dissemination of such information through
communication with institutions of higher education and other
relevant stakeholders.
Section 113. Database of student information prohibited
The Senate amendment and the House bill prohibit the
development, implementation, or maintenance of a federal
database of personally identifiable information.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment exempts from the prohibition systems
needed for the operation of programs authorized by Titles II,
IV, or VII.
The House bill exempts from the prohibition systems
needed for the operation of programs authorized by Titles II,
IV, or VII and any data required to be collected by the
Secretary under this Act.
The House recedes.
The Senate amendment and the House bill provide that
nothing in this Act prohibits a state or consortium of states
from developing, implementing, or maintaining state developed
databases to track students over time.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Conferees support the prohibition on the creation of
a national database for the purpose of student tracking. This
prohibition should not be construed to prohibit the Secretary
from performing surveys that are necessary to monitor the
operation of the student aid programs, in particular the
National Postsecondary Student Aid Survey which is a valuable
source of information on how students and families finance
their postsecondary education.
Section 114. In-state tuition rates for Armed Forces members, spouses,
and dependent children
The House bill prohibits public institutions of higher
education from charging the dependents of members of the Armed
Forces on active duty for more than thirty days, whose domicile
or permanent duty station is in the same state, more than in-
state tuition rates. The House bill requires public
institutions of higher education to allow members of the Armed
Forces or their dependents who are receiving an in-state
tuition rate to continue to pay that rate while continuously
enrolled at the institution of higher education even if there
is a subsequent change in the permanent duty station of the
member to a location outside the state.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to specify that the
prohibitions apply to states that receive funds under the HEA
and to strike the definition of state.
Section 115. State Higher Education Information System Pilot program
The Senate amendment and the House bill establish a State
Higher Education Information System Pilot program to assist up
to five states in developing state-level postsecondary data
systems.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment authorizes such sums as may be
necessary beginning in fiscal year 2008 and each of the five
succeeding fiscal years.
The House bill authorizes such sums as may be necessary
for fiscal year 2009 and each of the four succeeding fiscal
years.
The House recedes with an amendment to replace fiscal
year 2008 with fiscal year 2009.
Section 116. State commitment to affordable college education
The House amendment establishes ``maintenance of effort''
(MOE) requirements that, after July 1, 2008, states must meet
to receive funding under the House-proposed ``Grants for Access
and Persistence'' (GAP) program, which replaces the existing
Special Leveraging Educational Assistance Partnership program.
State funding provided for public institutions (for non-capital
and non-research and development expenses or costs) must not be
less than the average amount provided during the five most
recent preceding academic years. States must also provide
funding for student financial aid for students attending
private institutions in the state in an amount not less than
the average amount provided during the 5 most recent preceding
academic years. If a state does not meet the MOE requirements,
the Secretary shall withhold funds that would be available to
the state for the GAP program until the state has made
significant efforts to meet those requirements. States may
receive a waiver of the requirements for exceptional or
uncontrollable circumstances.
The Senate bill contains no similar provisions.
The Senate recedes with an amendment to require states to
meet the MOE in order to receive an initial grant under the new
College Access Challenge Grant program instead of the existing
GAP program and to accommodate states with biennial
appropriation cycles.
The Conferees understand states currently face increased
deficits and challenging state budgets. It is not the intent of
the conferees to compound state economic challenges, but rather
to secure a strong federal-state partnership to increase access
to higher education for middle- and low-income families. The
conferees acknowledge that the Secretary has authority to
provide a waiver for states meeting the threshold of
``exceptional or uncontrollable circumstances'' which include
sudden and unforseen declines in a state's budget.
Section 117. Performance-Based Organization for the delivery of federal
student financial assistance
The Senate amendment changes the description of the
functions of the Performance-Based Organization (PBO) at the
Department of Education from ``operational'' to
``administrative and oversight.'' The Senate amendment makes
the PBO responsible for the administration of federal student
financial assistance programs. The Senate amendment also
directs the PBO to utilize procurement systems that streamline
operations, improve internal controls, and enhance management.
The House bill contains no similar provisions.
The House recedes with an amendment to delete the
requirement that the Chief Operating Officer of the PBO provide
an annual briefing to the authorizing Committees on the steps
the PBO has taken and is taking to ensure that lenders are
providing the information required under Title IV; but instead,
requires a representative of the Secretary to provide a
briefing at any time upon request of the authorizing Committees
on the steps the Department has taken to ensure the integrity
of the student loan programs, including lender and guaranty
agency compliance with the requirements of Title IV.
Section 118. Procurement flexibility
The Senate amendment amends Section 142 by modifying the
Chief Operating Officer duties, including the fee for service
arrangements, and replacing the term ``sole source'' with the
term ``single-source basis.''
The House bill contains no similar provision.
The House recedes.
Section 119. Certification regarding the use of certain federal funds
The Senate amendment specifies that federal funds
received by an institution of higher education or other
postsecondary educational institution may not be used to pay
any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, or an
employee of a Member of Congress in awarding a federal
contract, making a federal grant or loan, entering into any
federal cooperative agreement, or in extending, continuing,
renewing, amending, or modifying any federal contract, grant,
loan, or cooperative agreement. No federal student aid funding
may be used to hire a lobbyist or to secure an earmark. Each
institution of higher education or other postsecondary
educational institution receiving federal funding must annually
certify that these requirements have been met.
The House bill contains no such provision.
The House recedes with an amendment to clarify that the
prohibition relates to funds received by an institution under
the Higher Education Act.
The Conferees wish to clarify that this Section is not
intended to prohibit an employee of an institution of higher
education from receiving federal funds for participating in a
peer review process for a Federal program.
Section 120. Institution and lender reporting and disclosure
requirements
Both the Senate amendment and the House bill add a new
Part E to Title I, instituting lender and institutional
requirements relating to education loans.
The Senate and House recede with amendments to Part E as
follows:
Part E--Lender & Institution Requirements Relating to Education Loans
Section 151. Definitions
The Senate amendment defines ``cost of attendance'' as it
is defined under Title IV, Section 472.
The House bill defines ``postsecondary educational
expenses'' as defined under Title IV, Section 472.
Both the Senate and the House recede.
The Senate amendment defines ``covered institution'' as
any educational institution that offers a postsecondary
educational degree, certificate, or program of study (including
an institution defined in Section 102) and receives any federal
funding or assistance. The definition includes any employee or
agent of the institution of higher education, or an
organization or entity affiliated with, or directly or
indirectly controlled by the institution of higher education.
The House bill defines ``covered institution'' as any
educational institution that offers a postsecondary educational
degree, certificate, or program of study (including an
institution defined in Section 102) and receives any federal
funding or assistance. The definition includes any employee or
authorized agent of the institution of higher education,
including an alumni association, booster club, or other
organization directly or indirectly authorized by the
institution of higher education.
The Senate and the House recede with an amendment to
define ``covered institution'' as any institution of higher
education as such term is defined in Section 102, that receives
any federal funding or assistance. Definitions of ``agent'' and
``institution-affiliated organization'' are also added. An
``agent'' means an officer or employee of a covered institution
or an institution--affiliated organization. An ``institution-
affiliated organization'' means any organization that is
directly or indirectly related to a covered institution and is
engaged in the practice of recommending, promoting, or
endorsing education loans for students attending such covered
institution or the families of such students, except that the
term does not include any lender with respect to any education
loans secured, made or extended by such lender.
The Senate amendment defines ``educational loan'' as any
loan made, insured, or guaranteed under Title IV.
The House bill defines ``educational loan'' as including
any loan made, insured, or guaranteed under Title IV; or any
educational loan that is not made, insured, or guaranteed under
Title IV, but that 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.
The Senate recedes with an amendment to replace
``educational loan'' with ``education loan'' and to specify
that loans made, insured, or guaranteed under Title IV refer to
loans made under Parts B and D of Title IV.
The Senate amendment defines ``educational loan
arrangement'' as an arrangement or an agreement between a
lender (of loans made under Title IV, and as defined under
Section 151(5)) and a covered institution, under which a lender
provides or issues (Title IV) educational loans to students
attending a covered institution, or their parents; and which is
related to the covered institution recommending, promoting,
endorsing, or using the (Title IV) educational loans of the
lender, and which involves the lender paying a fee or providing
other material benefit to the institution of higher education
or groups of students attending the institution of higher
education.
The House bill defines ``preferred lender arrangement''
as an arrangement or agreement between a lender and a covered
institution, under which a lender provides or issues
educational loans to students attending a covered institution,
or their parents; and which is related to the covered
institution recommending, promoting, or endorsing, educational
loan products of the lender; and which does not include
arrangements with respect to the Direct Loan program loans,
Perkins Loans, or Federal Family Education Loan (FFEL) parent
PLUS Loans made in accordance with Section 499(b).
The Senate recedes with an amendment to change
``parents'' to ``families'' of students, strike the reference
to Perkins Loans, and to include in the definition arrangements
or agreements between a lender and an institution-affiliated
organization.
The Senate amendment defines ``lender'' as a financial
institution participating in the FFEL, and the Secretary for
the Direct Loan program loans; and in each case, the term
includes any individual, group, or entity acting on behalf of
the lender with respect to a Title IV education loan.
The House bill defines ``lender'' as meaning a
``creditor;'' except that it does not include an issuer of
credit secured by a dwelling or under an open-end credit plan,
and includes an agent of a lender.
Both the Senate and the House recede with an amendment to
define the terms ``eligible lender'' and ``lender.'' The term
``eligible lender'' has the meaning given such term in section
435(d). The term ``lender'' means an eligible lender, in the
case of a loan made, insured, or guaranteed under Part B of
Title IV; the Secretary, in the case of any loan issued or
provided to a student under Part D of Title IV; and, a private
educational lender as defined in Section 140(a) of the Truth in
Lending Act, in the case of a private education loan.
The Senate amendment defines ``officer'' as including a
director or trustee of an institution of higher education.
The House bill defines ``officer'' as including a
director or trustee of a covered institution if the individual
is treated as an employee of the covered institution (see
Section151(1)).
The Senate recedes with an amendment to include in the
definition of ``officer'' a director or trustee of an
institution-affiliated organization if such individual is
treated as an employee.
The House bill defines ``private educational loan.''
The Senate amendment contains no similar provision.
The House recedes with an amendment to use the term
``private education loan'' in place of ``private educational
loan'' and to refer to the definition used in Section 140(a) of
the Truth in Lending Act.
Section 152. Responsibilities of covered institutions, institution-
affiliated organizations and lenders
The Senate amendment institutes requirements for lenders
and institutions of higher education participating in
``educational loan arrangements.'' The Senate provision is
applicable to arrangements between lenders of Title IV
educational loans and covered institutions of higher education.
The House bill institutes requirements for lenders and
institutions of higher education participating in ``preferred
lender arrangements.'' The House provision is applicable to
arrangements between lenders (i.e., creditors) and covered
institutions of higher education. The House provision applies
to lenders of loans made, insured, or guaranteed under Title
IV, and private educational loans, except that it does not
apply to arrangements with respect to Direct loans, Perkins
Loans, or parent PLUS loans made in accordance with Section
499(b).
The Senate recedes with an amendment to make no reference
to Perkins Loans.
The House amendment prohibits a covered institution that
enters into a preferred lender arrangement regarding private
educational loans from agreeing to allow the lender to use the
institution's name or likeness in the marketing of private
educational loans to students attending the institution in any
way that implies the institution's endorsement of the private
educational loans.
The Senate bill contains no similar provision.
The Senate recedes with an amendment to extend the
prohibition to institution-affiliated organizations of covered
institutions.
The Senate amendment requires a covered institution that
enters into an educational lender arrangement to disclose the
name of the lender in documentation related to the loan.
The House bill contains no similar provision.
The House recedes with an amendment to require covered
institutions, and institution-affiliated organizations of such
institutions, that enter into a preferred lender arrangement
with a lender regarding private education loans to ensure that
the name of the lender is displayed in all information and
documentation related to the loan.
The House bill requires FFEL lenders that participate in
one or more ``preferred lender arrangements'' to annually
certify compliance with requirements of the Act and to report
on and attest to such compliance in its annual compliance
audit.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that provides: ``If
an audit is required pursuant to Section 428(b)(1)(U)(iii), the
lender's compliance with requirements of this section shall be
reported on and attested to annually by the auditor of such the
lender.''
The Senate amendment requires lenders participating in
educational loan arrangements, prior to providing a Title IV
education loan to a student, to disclose to the student certain
information about the terms and conditions of such loans. These
disclosures must include: Interest rates of educational loans
and sample educational loan costs, by type of loan. For each
type of educational loan offered, the disclosure must include
information on: Types of repayment plans available;
availability of and conditions for no-penalty, early repayment;
capitalization of interest; terms and conditions of deferment
and forbearance; all available repayment benefits and the
percentage of all borrowers who qualify for such benefits; the
percent of borrowers who received such benefits in the
preceding academic year; collection practices in cases of
default; all fees, including late payment penalties, a borrower
may be charged; and, such other information as the Secretary
may require.
The House bill contains no similar provision.
The House recedes with an amendment to incorporate the
disclosure requirements in the Senate amendment into the
disclosures required under Subsections (a),(c) and (d) of
Section 433. The revised disclosure requirements are applicable
to loans made, insured or guaranteed under Parts B or D of
Title IV, other than consolidation loans. Lenders of private
education loans must comply with the disclosures required under
Title X of this Act.
The Senate amendment requires lenders participating in
education loan arrangements to annually report to the Secretary
any reasonable expenses paid or given to an individual employed
in the financial aid office of a covered institution, or who
has responsibilities with respect to educational loans or other
types of financial aid. The lenders must report the following:
The amount of each specific instance of reimbursement; the name
of each individual to whom a reimbursement was made; the date
of the activity being reimbursed; and, a brief description of
the activity being reimbursed. The Secretary shall annually
compile such information into a report and transmit the report
to the House Education and Labor Committee and the Senate
Committee on Health, Education, Labor and Pensions.
The House bill contains no similar provision.
The House recedes with an amendment to require each FFEL
lender, on an annual basis, to report to the Secretary any
reasonable expenses paid or given under the exception clauses
in 435(d)(5)(D), 487(e)(7) and 487(e)(3)(B) to any agent of a
covered institution who is employed in the financial aid office
of a covered institution, or who otherwise has responsibilities
with respect to education loans or other financial aid
activities of the institution of higher education, and any
similar expenses paid or provided to any agent of an
institution-affiliated organization of a covered institution
who is involved in the practice of recommending, promoting, or
endorsing education loans. The report shall include: The amount
for each specific instance in which the lender provided such
reimbursement; the name of the agent for whom expenses were
paid or to whom the reimbursement was made; the dates of the
activity for which the expenses were paid or the reimbursement
was made; and, a brief description of the activity for which
the expenses were paid of the reimbursement was made. The
Secretary shall summarize the information contained in the
lender reports and provide a report annually to the authorizing
Committees.
The House bill requires the Secretary to display on the
Department of Education Web site, and to provide to colleges
and universities, specified information to be used for
counseling and consumer information for prospective borrowers.
The Secretary shall make such information widely known and
shall promote its availability and use by prospective and
current students and borrowers, and those entering repayment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify the types
of information that must be reported and to change the
placement of the provision.
Section 153. Loan information to be disclosed and model disclosure form
for covered institutions, institution-affiliated organizations,
and lenders participating in preferred lender arrangements
The Senate amendment and the House bill require the
Secretary, not later than 180 days after enactment, to prepare
a report on the adequacy of the information provided to
students and their parents about education loans, after
consulting with students, representatives of covered
institutions of higher education (including financial aid
administrators, registrars, and business officers), lenders,
loan servicers, and guaranty agencies.
Both the Senate and the House recede with an amendment to
strike the report requirement and instead to require the
Secretary, not later than eighteen months after enactment, to
coordinate with the Board of Governors of the Federal Reserve,
and consult with students, their families, representatives of
covered institutions (including financial aid administrators,
admission officers, and business officers), representatives of
institution-affiliated organizations, high school guidance
counselors, lenders, loan servicers, and guaranty agencies, and
to determine the minimum information that lenders, covered
institutions, and institution-affiliated organizations
participating in preferred lender arrangements must make
available regarding education loans that are offered to
students and their families. Both the Senate and House recede
also with an amendment to change references from ``parents'' to
``families'' throughout the Section.
The Senate amendment and the House bill require the
Secretary to develop a model format (Senate) or model
disclosure form (House) to be used by lenders participating in
``preferred lender arrangements'' (House) or ``educational loan
arrangements'' (Senate) for providing information to
institutions of higher education and the Secretary, for each
type of education loan provided by lenders to students
attending a covered institution, and about why the covered
institution believes the terms and conditions of each type of
loan provided pursuant to the educational loan arrangement are
beneficial to borrowers. The House bill requires the Secretary
to prescribe this model format by regulation.
The Senate amendment requires the model format to provide
certain information on the terms and conditions of loans,
disaggregated by loan type, including interest rates and terms
and conditions of loans for the forthcoming academic year; any
benefits that are contingent on borrower repayment behavior;
the average amount borrowed from the lender by students
enrolled in the institution, by loan type, for the preceding
academic year; the average interest rate on loans borrowed by
such students for the preceding academic year; and the amount
of interest that may be required to be paid according to a
standard repayment period on the average amount borrowed from
the lender by such students, on such type of loan, for the
preceding academic year.
The House bill also requires the model disclosure form to
provide information on the terms and conditions of loans,
disaggregated by loan type, including the interest rate or
range of rates, and whether rates are fixed or variable; the
frequency and amount of interest rate adjustments; co-borrower
requirements; any fees associated with the loan; available
repayment terms; the opportunity for deferment or forbearance,
including whether in-school deferment is available; any
additional terms and conditions of the loan, including any
benefits contingent on repayment behavior of the borrower; 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); an example of the total cost of the educational
loan over the life of the loan; consequences of default,
including any limitations on loan discharge in bankruptcy;
contact information for the lender; and, philanthropic
contributions by the lender to the covered institution. The
House bill requires this information to be provided for
opportunity pool loans and requires private lenders, as well as
FFEL lenders, to use the model format. The House bill
additionally requires the model format to be easy for students
and parents to understand; to be easily usable by lenders,
institutions of higher education, guaranty agencies, and
servicers; to provide relevant information on federal and
private educational loans; to be based on the report's
findings, and to be developed in consultation with specified
entities.
Both the Senate and the House recede with an amendment to
require the Secretary to consider the merits of requiring
covered institutions and institution-affiliated organizations
that have preferred lender arrangements to provide prospective
borrowers and families the following information for each type
of loan made, insured or guaranteed under Title IV: The
interest rate and terms and conditions of the loan for the next
award year, including loan forgiveness and deferment;
information on any charges such as origination and federal
default fees that are payable on the loans, and whether those
charges will be paid by the lender or the borrower; the yearly
and cumulative maximum amounts that may be borrowed; the
average amount borrowed from the lender by undergraduate and
graduate students who were enrolled and who graduated the
preceding year; the amount the borrower may pay in interest,
based on a standard repayment plan and the average amount
borrowed by students who graduated from the institution of
higher education the preceding year with subsidized and
unsubsidized Stafford loans and PLUS loans; the consequences
for the borrower of defaulting on a loan, including limitations
on the discharge of an education loan in bankruptcy; the
contact information for the lender; and other information
suggested by those with whom the Secretary has consulted. In
addition, the amendment requires the Secretary, in determining
the minimum information that lenders, covered institutions, and
institution-affiliated organizations participating in preferred
lender arrangements shall make available regarding education
loans that are offered to students and the families of
students, to incorporate identical or similar disclosures
developed by the Board of Governors of the Federal Reserve
pursuant to Section 128(e)(1) of the Truth in Lending Act.
The House bill also requires the model format to provide,
with respect to private educational loans recommended by the
covered institution, the method of determining the interest
rate of the loan; potential finance charges, late fees,
penalties, and adjustments to the principal, based on defaults
or late payments of the borrower; and, such other information
as the Secretary may require.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill require the
Secretary to submit the report and model format (Senate) or
disclosure form (House) to the authorizing Committees and make
the report and model format available to covered institutions
of higher education, lenders, and the public. The Senate
amendment and the House bill require the Secretary to encourage
lenders that have educational loan (Senate) or preferred lender
(House) arrangements with covered institutions of higher
education, and covered institutions of higher education to use
the model forms.
Both the Senate and the House recede with an amendment
that the Secretary shall, after consulting with the public and
in coordination with the Board of Governors of the Federal
Reserve specify the information covered institutions and
institution-affiliated organizations with preferred lender
arrangements must provide to prospective borrowers and the
families of such borrowers regarding loans made, insured, or
guaranteed under Title IV and require covered institutions and
institution-affiliated organizations to provide such
information on a model disclosure form developed by the
Secretary or on a form developed by the institution of higher
education. The Secretary shall update the model disclosure form
periodically.
The Senate amendment and the House bill require lenders
that participate in educational loan (Senate) or preferred
lender (House) arrangements to report the information contained
on the model disclosure form to the institutions of higher
education even if they do not use the form. The House bill
specifies that such information shall be reported to
institutions of higher education by March 1 of each year.
The Senate recedes with an amendment to require lenders
that participate in preferred lender arrangements to report
information for Part B loans annually to a covered institution
or an institution-affiliated organization and to the Secretary,
by a date to be determined by the Secretary.
The House bill specifies that the development and
prescription by regulation of the initial model disclosure form
shall not be subject to the requirement that it be published in
final form by November 1 prior to the start of the award year,
nor shall it be subject to negotiated rulemaking. However, such
requirements shall apply to the updating of the model
disclosure form.
The Senate contains no similar provision.
The House recedes.
The Senate amendment and the House bill require covered
institutions of higher education to submit an annual report to
the Secretary that includes the information on the model form,
a detailed explanation of why the institution of higher
education believes the terms and conditions of each loan
provided through an agreement are beneficial to the students
attending the institution or to the students' parents.
Institutions of higher education must make the report available
to the public and provide it to students who are attending or
who plan to attend the covered institution.
The House bill requires covered institutions of higher
education, on their Web site and in publications, mailings,
electronic messages or media describing financial aid
opportunities to prospective or current students or their
parents, to include the following: A statement indicating that
students are not limited to or required to use the lenders
recommended by the institution of higher education; that the
institution of higher education is required to process the
documents required to obtain a federal educational loan from
any eligible lender the student selects. The Web site and other
publications must also disclose, at a minimum, all of the
information provided by the model disclosure form (or updated
form) with respect to any lender of federal or private
educational loans (including opportunity pools) recommended by
the institution of higher education; the maximum amount of
federal grant and loan aid available to students in an easy-to-
understand format; and, the institution's cost of attendance.
Both the Senate and the House recede with an amendment to
require covered institutions and institution-affiliated
organizations to make the information that the Secretary
requires for the model disclosure format and the information
that a private educational lender provides to a covered
institution and institution-affiliated organizations pursuant
to Sections 128(e)(12) and 128(e)(1) of the Truth in Lending
Act, available in time for students and families to consider
before selecting a lender or applying for an education loan.
The Senate and House further require covered institutions and
institution-affiliated organizations to prepare and submit to
the Secretary an annual report, by a date to be determined by
the Secretary, that includes for each lender that has a
preferred lender arrangement with the covered institution and
institution-affiliated organization the information the
Secretary requires for the model disclosure form and the
information private educational lenders participating in a
preferred lender arrangements provide to covered institutions
and institution-affiliated organizations, for each type of
education loan provided pursuant to the preferred lender
arrangement. The reports must also include an explanation of
why the covered institution or institution-affiliated
organization entered into a preferred lender arrangement,
including why the terms, conditions, and provisions of each
type of loan for students are beneficial for students or the
families of students. The covered institution or institution-
affiliated organizations shall ensure that the report is made
available to the public and provided to students attending or
planning to attend the covered institution. Each covered
institution that has a preferred lender arrangement must
disclose on its website, in addition to this information and
the disclosures required under the program participation
agreement, the maximum amount of federal financial assistance
available to students and a statement that the institution of
higher education is required to process the documents required
to obtain a federal education loan from any eligible lender the
student selects.
The House bill requires the Secretary, not later than one
year after submitting the model disclosure form and report, to
assess the adequacy of the model disclosure form and, after
consultation with specified entities, prepare a list of
improvements identified as beneficial to borrowers and to take
such improvements into consideration in updating the model
disclosure form.
The Senate amendment contains no similar provision.
The House recedes.
The House bill requires covered institutions of higher
education that make information on private educational loans
available to students or their parents to also make certain
information about private loans and federal student aid under
Title IV available. Covered institutions of higher education
must inform students, or their parents, of their eligibility
for federal student aid, including loans under Title IV; the
terms and conditions of private educational loans that may be
less favorable than the terms and conditions of Title IV
student loans for which they are eligible; and must clearly
distinguish between private educational loans and loans made,
insured, or guaranteed under Title IV.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to change references
to ``student or parent'' to ``prospective borrower''; to
clarify that the prospective borrower must be informed that the
borrower may qualify for federal financial assistance through a
Title IV program of this Act; and, to modify language to
require covered institutions and institution-affiliated
organizations to inform prospective borrowers that the terms or
conditions of Title IV loans may be more favorable than the
provisions of private loans. The other disclosure requirements
in the House bill and the Senate amendment are moved to
Sections 428(c), 433(a) and (b), and 485(b), (d), and (l) as
amended by this Act.
Section 154. Loan information to be disclosed and model disclosure form
for institutions participating in the William D. Ford Federal
Direct Loan Program
The Conferees establish a new Section that requires the
Secretary to provide each institution of higher education
participating in the William D. Ford Direct Loan program with a
completed model disclosure form including the same information
for Federal Direct Stafford loans, Federal Direct Unsubsidized
Stafford loans and Federal Direct PLUS loans made to, or on
behalf of, students attending the institution as is required on
such forms for loans described in section 151(3)(A). The
Conferees require institutions participating in the Direct Loan
program to make the information the Secretary provides
available to students attending or planning to attend the
institution and their families.
TITLE II--TEACHER QUALITY ENHANCEMENTS
The Senate amendment and the House bill strike and
replace Title II of the Higher Education Act.
The Senate and the House recede with amendments as
follows.
Section 201. Teacher quality enhancement
Section 200. Definitions
The Senate amendment and the House bill adopt the current
definition for ``Arts and Sciences'' and eliminate the current
definition of ``Poverty Line.'' The Senate amendment and House
bill add the same definitions of ``Children from Low-Income
Families,'' ``Core Academic Subjects,'' ``Early Childhood
Educator,'' ``Educational Service Agency,'' ``Essential
Components of Reading Instruction,'' ``Exemplary Teacher;''
``High-Need Early Childhood Education Program,'' ``Highly
Competent,'' ``Highly Qualified,'' ``Limited English
Proficient,'' ``Professional Development,'' and ``Teaching
Residency Program.''
The Conferees adopt that provisions as proposed by both
the Senate and the House with an amendment to adopt the
definition for ``parent'' as found in the Elementary Secondary
Education Act (ESEA).
The Senate amendment and the House bill contain
definitions for ``Early Childhood Education Programs,'' but the
House bill definition of ``Early Childhood Education Program''
differs in two respects by specifying that Head Start programs
include Migrant and Seasonal Head Start, as well as American
Indian/Alaska Native Head Start programs, and by including
prekindergarten programs authorized under Section 619 or Part C
of the Individuals with Disabilities Education Act.
The Senate recedes with an amendment to add ``or a
program authorized under Section 619 of the Individuals with
Disabilities Education Act'' after ``State prekindergarten
program'' in the definition of ``Early Childhood Education
Programs,'' to clarify that a state licensed or regulated child
care program does not include a school and an eligible state
prekindergarten program is one that serves children from birth
to age six.
The Senate amendment and the House bill contain
definitions of ``eligible partnerships.'' The House bill
definition includes alternative certification programs and
teacher professional development programs within partner
institutions of higher education.
The Senate recedes with an amendment to allow teacher
professional development programs to be included in the
partnership only if they are existing programs with proven
outcomes within a four year institution of higher education
that provides intensive and sustained collaboration between
faculty and local educational agencies in order to meet the
requirements of this Title.
The Senate amendment and the House bill amend the
definition of a ``High-Need Local Educational Agency'' in the
same manner and include references to rural locale codes. The
Senate amendment lists specific rural locale codes and the
House bill references rural locale codes currently being used
by the Department of Education. The Senate amendment includes
locale codes correspond to the designations of small town (6);
rural, outside major statistical area (7); and rural, inside
major statistical area (8). The House bill provides the labels
for locale codes that correspond to the following numerical
designations: rural, fringe (41); rural, distant (42); and
rural, remote (43).
The House and Senate recede with an amendment to align
the definition of local educational agencies with the
definition in the Elementary and Secondary Education Act.
The Senate amendment and the House bill amend the
definition of ``High-Need School'' in the same manner; except,
the Senate amendment defines a rural school as one designated
with a locale code of 6, 7, or 8. The House bill defines a
rural school as one designated with a locale code of Rural:
Fringe, Rural: Distant, or Rural: Remote.
The Senate and the House recede with an amendment to
define a high-need school as one that is either in the highest
quartile of low-income schools in a ranking of all schools
served by a local educational agency, as determined by various
poverty indicators, or, in the case of an elementary school,
one that serves not less than sixty percent of students who are
eligible for free or reduced price school lunch under the
Richard B. Russell National School Lunch Act, and for all other
schools, that serves not less than 45 percent of such students.
The Senate amendment and the House bill define
``Induction Program'' to include periodic, structured time for
collaboration with other teachers, as well as time for
information-sharing among teachers, principals, administrators,
and participating faculty. However, the Senate amendment allows
such collaboration to be with any other teachers in the same
department or field, and the House bill specifies that such
collaboration shall be with mentor teachers.
The House recedes with an amendment to include mentor
teachers in addition to other teachers who shall be provided
collaboration time and to include other appropriate
instructional staff in information sharing time.
The Senate amendment and the House bill define an
``Induction Program'' as having a teacher preparation program
that includes interdisciplinary collaboration. However, the
House bill specifies that the collaboration occurs with those
who prepare new teachers with respect to the learning process
and the assessment of learning.
The Senate recedes.
The Senate amendment and the House bill define an
``Induction Program'' as having a teacher preparation program
that provides assistance with the understanding of data,
particularly student achievement data, and the applicability of
that data in classroom instruction.
The Senate and the House recede with an amendment that
the program shall provide assistance with ``the applicability
of such data in classroom instruction.''
The Senate amendment defines an ``Induction Program'' as
having a regular evaluation of the new teacher.
The House bill specifies that the evaluation include
formal observation and feedback, at least four times a year by
multiple evaluators, including master teachers and the
principal, who must use valid and reliable benchmarks of
teaching skills and standards developed with input from
teachers in the evaluation.
The Senate recedes with an amendment to indicate that the
evaluation shall consist of ``regular and structured
observation and evaluation of the new teachers by multiple
evaluators, using valid and reliable measures of teaching
skills.''
The Conferees intend that measures of teaching skills
employed during observation and evaluation of new teachers
include the teaching skills described later in this Section.
Using such a definition of skills in developing metrics for the
observation and evaluation of new teachers will require
prioritizing these teaching skills while developing a rubric or
procedures for evaluation. The Conferees intend that such
rubrics or procedures be developed through consultation and
cooperation among teachers, mentors, principals and others
involved in the process of observation and evaluation.
The House bill defines the term ``Literacy Coach.''
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill define a
``Partner Institution'' as an institution of higher education,
which may include a two-year institution of higher education
offering a dual program with a four-year institution of higher
education that also meets additional criteria.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Conferees recognize the essential role that community
colleges play in teacher preparation, providing the first two
years of postsecondary education for many teacher candidates.
The Conferees further recognize that two-year institutions of
higher education, by definition, provide the initial portion of
pre-baccalaureate teacher preparation that each candidate must
complete at a four-year institution of higher education. Some
two-year institutions of higher education, however, have begun
to partner with four-year institutions of higher education and
offer students a path to a baccalaureate degree and full state
teacher certification. The Conferees intend that to be
considered a ``partner institution'' and therefore, part of a
partnership eligible to receive funds under this Title, the
two-year institution of higher education must partner with a
four-year institution of higher education and work together to
carry out the activities required under this Title. It is,
therefore, essential that two- and four-year institutions of
higher education cooperate to ensure that the initial years of
pre-baccalaureate preparation offered at each two-year
institution of higher education provide courses of study that
are aligned with curriculum at the four-year institution of
higher education in order to meet the state requirements for
teacher certification. Cooperation between institutions of
higher education should include a formal agreement to ensure
that the institutions have developed an articulated transfer
policy so that teacher candidates beginning at a two-year
institution will be adequately supported during completion of
their pre-baccalaureate preparation at the four-year
institution of higher education.
The Senate amendment and the House bill further define a
``Partner Institution'' as one that includes a teacher
preparation program that requires each student meet high
academic standards and participate in intensive clinical
experience. The House bill also requires each student to
demonstrate such high academic standards.
The Senate recedes with an amendment to strike ``and
demonstrate'' and insert after ``high academic standards'', ``,
or demonstrate a record of success, as determined by the
institution''.
The House bill defines a ``Partner Institution'' as
including a teacher preparation program whose participants
include current teachers who seek ongoing professional
development and that requires the faculty of arts and sciences
of the partner institution of higher education to lead
collaborative seminars for the purpose of improving student
learning and developing curriculum units.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment defines ``Principles of Scientific
Research.''
The House bill contains no similar provision.
The House recedes with an amendment to the definition
that provides that the term includes, appropriate to the
research being conducted, ``strong claims of causal
relationships, only with respect to research designs that
eliminate plausible competing explanations for observed
results, which may include random-assignment experiments.''
The Senate amendment and the House bill contain the same
definition of ``Scientifically Valid Research.''
The Senate and the House recede with an amendment to
strike the word ``accepted'' with regard to principles of
scientific research.
Both the Senate amendment and the House bill define
``Teacher Mentoring.'' However, the House bill defines the term
to include programs that provide training in classroom
management.
The Senate recedes with an amendment to include
approaches that improve the school-wide climate for learning,
such as positive behavioral interventions and supports.
The Senate amendment and the House bill further define
``Teacher Mentoring'' to include providing regular and ongoing
opportunities for mentors and mentees to observe each other's
teaching methods.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill defines ``Teacher Mentoring'' to include
paid release time for mentors.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that
mentors are provided paid release time ``as applicable.''
The Senate amendment and the House bill include similar
definitions of ``Teaching Skills.'' However, the House bill
defines the term to include skills that enable the teacher to
effectively manage a classroom, including the ability to
implement positive behavioral intervention support strategies.
The Senate recedes with an amendment to include in the
definition skills that enable a teacher to effectively teach
higher-order analytical, evaluation, problem-solving, and
communication skills, and to clarify that skills include the
ability to implement positive behavioral ``interventions and
support strategies.''
Part A--Teacher Quality Partnership Grants
Section 201. Purposes
The Senate amendment and the House bill both modify
Section 201(a)(3) of the HEA. The Senate amendment provides
that a purpose of this Section is to hold institutions of
higher education accountable for preparing highly qualified
teachers.
The House bill specifies that teacher preparation
programs be held accountable for preparing highly qualified
teachers.
The Senate recedes with an amendment to clarify that the
focus of the program be on prospective and new teachers.
Section 202. Partnership Grants
The Senate amendment and the House bill retain the
current standards for authorizing a Partnership Grant program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill include different
application requirements. The Senate amendment requires that
applications describe the extent to which new teachers will be
prepared to understand research and data and its applicability.
The House bill requires that applications describe how new
teachers will be prepared to use research and data to improve
instruction. The House bill requires that applications also
provide a description of how partnerships will prepare teachers
to teach students with disabilities and students with limited
English proficiency.
The Senate recedes with an amendment to require that
applications also provide a description of how partnerships
will strengthen the content knowledge and teaching skills of
elementary and secondary school teachers and train other
classroom teachers to implement literacy programs that
incorporate the essential components of reading instruction.
The Senate amendment requires partnerships to use funds
for either a pre-baccalaureate preparation program, a teaching
residency program, or both. The House bill adds a leadership
development program, and requires that funds be used for at
least two of the three types of programs.
The Senate recedes with an amendment to allow
partnerships to use funds for a leadership development program
only in addition to either a pre-baccalaureate preparation
program or a teaching residency program or both.
The Senate amendment and the House bill describe a ``Pre-
Baccalaureate Preparation Program'' and require teacher
preparation reforms.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill require certain
reforms to be directed to specified types of current or
prospective teachers. The House bill also includes additional
provisions regarding ``Advanced Placement and International
Baccalaureate teachers.''
The Senate recedes.
The Senate amendment and the House bill require reforms
that prepare teachers to understand, practice, research, and
use technology and instructional techniques. The House bill
adds ``strategies, consistent with the principles of universal
design for learning, and positive behavioral support
strategies.''
The Senate recedes.
The Senate amendment and the House bill require reforms
to promote strong teaching skills for early childhood educators
including, as applicable, techniques for early childhood
educators to improve children's cognitive, social, emotional,
and physical development. The House bill includes the ability
to effectively teach higher-order analytical, evaluative,
problem-solving, and communication skills.
The House recedes.
The Senate amendment and the House bill include a
provision for required reforms.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill requires that reforms implemented by Pre-
Baccalaureate Preparation Programs include general and special
education teachers.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires that reforms implemented by Pre-
Baccalaureate Preparation Programs effectively teach high-order
analytical, evaluative, problem solving, and communications
skills appropriate for the teacher's content or specialty area.
The Senate amendment contains no similar provision.
The House recedes.
The House bill requires that reforms implemented by Pre-
Baccalaureate Preparation Programs ensure that prospective
teachers and early childhood educators can effectively
participate in the individualized education program
``process,'' as defined in section 614(d)(1)(B) of the
Individuals with Disabilities Education Act.
The Senate recedes with an amendment to clarify that
reforms include implementing teacher preparation program
curriculum changes to ensure teachers can effectively
participate as a member of the individualized education program
team.
The Senate amendment and the House bill contain
provisions for developing and implementing induction programs
and admissions goals. The House bill requires that reforms
implemented by Pre-Baccalaureate Preparation Programs ensure
training of highly qualified teachers, which may include
training in multiple subjects to teach multiple grade levels as
may be needed for individuals preparing to teach in rural
communities.
The Senate recedes with an amendment to include training
for teachers who teach multiple subjects.
The Senate amendment and the House bill provide that
support may include developing admissions goals and priorities.
The House bill clarifies that these goals and priorities be
``aligned'' with the hiring objectives of the high-need local
educational agency in the eligible partnership.
The Senate recedes.
The House bill requires that reforms implemented by Pre-
Baccalaureate Preparation Programs implement program curriculum
changes to prepare teachers to teach Advanced Placement or
International Baccalaureate courses.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require reforms
to include, as applicable, implementing program and curriculum
changes to ensure that prospective teachers have the requisite
content knowledge, preparation, and degree to successfully
teach Advanced Placement and International Baccalaureate
courses.
The Senate amendment and the House bill require that Pre-
Baccalaureate Preparation Programs provide clinical experience
and interaction.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill provides that clinical experience and
interaction may include preparation for meeting the unique
needs of teaching in rural communities.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that the
training and experience provision shall apply to preparing
teachers for both urban and rural communities.
The Senate amendment and the House bill require that
clinical experience and interaction provide support and
training for those individuals participating in an activity for
prospective teachers described in this paragraph or paragraph
(1). The House bill also applies this requirement to paragraph
(3) and the Senate amendment applies the requirement to
paragraph (2).
The Senate recedes with an amendment to add ``new''
teachers, in addition to prospective teachers, who shall
participate in activities.
The Senate amendment and the House bill allow support for
mentor stipends, which may include bonus or differential pay.
The Senate amendment allows the stipend to include incentive,
merit, or performance-based pay. The House bill allows the
stipend to include incentive pay, based on teachers' extra
skills and responsibilities.
The House recedes with an amendment to allow funds to be
used for mentor stipends, which may include bonus,
differential, incentive, or performance-based pay, based on
teachers' extra skills and responsibilities.
The Senate amendment and the House bill require that Pre-
Baccalaureate Preparation Programs provide induction programs
for new teachers, and support and training for participants in
early childhood education programs.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill require that Pre-
Baccalaureate Preparation Programs provide teacher recruitment.
The House bill allows recruitment mechanisms to include
alternative routes to State certification of teachers.
The Senate recedes.
The House bill places emphasis on recruiting teachers
from underrepresented populations, rural communities, shortage
areas, and mid-career professionals.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires the development and
implementation of literacy training programs to train classroom
teachers how to implement literacy programs.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the
literacy training to include training in reading instruction
for elementary or secondary school teachers, who train or will
train classroom teachers to implement literacy programs, or who
tutor or will tutor students with intense individualized
reading, writing, and subject matter instruction. The literacy
training will also provide opportunities for teachers to plan
and assess literacy instruction with faculty at institutions of
higher education. Such planning time may include school leaders
and other teachers.
The Senate amendment and the House bill define a
``Teaching Residency Program.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment requires that partnerships modify
staffing procedures to facilitate the placement of graduates of
the teaching residency program in cohorts that facilitate
professional collaboration.
The House bill requires that such placement be attempted
where feasible.
The House recedes with an amendment to require that
partnerships carry out a program ``placing graduates'' in
cohorts that facilitate professional collaboration.
The Senate amendment and the House bill ensure that
teaching residents who participated in the teaching residency
program receive certain benefits.
The Senate and the House recede with a technical
amendment.
The Senate amendment and the House bill describe a
teaching residency program that requires the selection of
mentor teachers based on an evaluation that includes
observations of a number of domains of teaching. The House bill
provides that the evaluations need not include an observation
of all the domains.
The House recedes with an amendment that evaluation of
teacher effectiveness shall be based on, ``but not limited
to,'' observations of specified activities, with the reference
to teaching domains stricken.
The Senate amendment and the House bill contain in their
descriptions of effective teaching appropriate instruction that
engages students with different learning styles. The House bill
includes students with disabilities.
The House recedes.
The House bill states that the admission goals and
priorities of a teaching residency program 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.
The Senate amendment contains no similar provision.
The Senate recedes with technical amendments.
The Senate amendment and the House bill provide criteria
for the selection of individuals as teacher residents.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill provide for the
award of stipends connected to a service requirement. The House
bill limits the stipend or salary to one year, and requires
teaching residency candidates to submit an application to
obtain a stipend or salary.
The House recedes.
The Conferees expect and intend that individuals who
agree to teach in a high-need school after completing a
teaching residency program will be placed by the partnership
into a teaching position that satisfies the needs of the local
education agency. This placement should meet the subject areas
or grade level priorities deemed most in need by the local
agency and its partners, but with full recognition of the needs
of the teaching residency program to implement practices
consistent with ongoing induction and support of the new
teacher. This recognition may require establishing a priority
on placing graduates of the residency program together in
cohorts that encourage the effective induction and subsequent
retention of these new teachers.
The Senate amendment and the House bill require that a
graduate of the residency program who receives a stipend agree
to serve three or more years as a teacher in a high-need school
served by a high-need local education agency in the partnership
upon completion of the program. The Senate amendment specifies
that applicants serve after completing a one-year teaching
residency program.
The Senate recedes with an amendment to clarify that
applicants agree to serve for three years after completing a
one-year teaching residency program.
The House bill requires service in a field designated as
high-need by the partnership.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that the
applicant will teach in a subject or area that is designated as
high-need by the partnership.
The House bill requires that each year or partial year of
service in fulfillment of the service requirement be certified
by the school's chief administrative officer.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that the service
requirement be certified by the local educational agency's
chief administrative officer.
The House bill requires that, upon beginning service
repayment, a teacher must ``be a highly qualified teacher, as
defined in Section 9101 of the Elementary and Secondary
Education Act of 1965.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that an
applicant must ``meet the requirements to be a highly qualified
teacher'' at the time the applicant begins to fulfill the
service agreement.
The Senate amendment provides that a stipend recipient
who does not fulfill the service requirement repay the local
education agency a pro rata portion of the stipend amount for
the amount of teaching time that an individual does not
complete.
The House bill provides that a recipient who does not
fulfill the service requirement repay the partnership the
amount of the stipend or salary with interest.
The Senate recedes with an amendment to clarify that the
stipend or salary is described in (c)(i), and that the interest
shall be at a rate specified by the partnership in the
agreement.
The House bill provides terms under which the service
agreement may be deferred.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that adds a
provision that the terms and conditions specified by the
partnership may include reasonable provisions for pro rata
repayment of the stipend or salary described in (c)(i).
The House bill requires partnerships to use stipend
repayment funds for activities that are consistent with the
purposes of this Subsection.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment allows funds received by a
partnership to be used for activities described in Subsections
(d) and (e) to improve pre-baccalaureate teacher preparation
and pre-service training through public television and digital
educational content.
The House bill contains no similar provision.
The House recedes with an amendment to allow grant funds
to be used to carry out required activities in partnership with
public television or another entity that develops digital
educational content.
The Senate amendment and the House bill require
consultation, regular communication, and written consent
between and among members of the partnership and permit the
Secretary to approve changes with the written consent of all
members of the eligible partnership. Both the Senate amendment
and the House bill provide that nothing in this Section shall
be construed to prohibit coordination among partnerships in
other states or on a regional basis.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment requires that funds under this
Section be used to supplement, not supplant, other federal,
state, and local funds.
The House bill contains no similar provision.
The House recedes.
The House bill allows grant funds to be used for the
development of a leadership program, which must include
activities that prepare students for careers as
superintendents, principals, or other school administrators, as
well as activities that promote strong leadership skills among
other mandatory activities.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to change all
references to education or school administrators to ``school
leaders.'' The requirement to promote strong leadership skills
is expanded to include specific techniques and requirements.
Section 203. Administrative provisions
The Senate amendment and the House bill contain identical
provisions regarding the duration, number of awards, and
payments. The Senate amendment and the House bill charge the
Secretary with submitting applications to a peer review panel.
Senate recedes with an amendment to strike the payment
provision.
The Senate amendment and the House bill put priority on
broad-based partnerships and equitable geographic distribution.
The Senate amendment requires both, while the House bill
requires either, and further requires that priority be given to
partnerships with teacher preparation programs that have a
rigorous selection process.
The Senate recedes with an amendment that gives the
Secretary the authority to determine priority.
The Senate amendment and the House bill authorize the
Secretary to select the grantees and to determine the amounts
of the grants. The Senate amendment and the House bill require
one-hundred percent matching funds from non-federal sources and
authorize the Secretary to waive this requirement. The Senate
amendment and the House bill limit expenditures on
administrative activities to two percent of the grant amount.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 204. Accountability and evaluation
The Senate amendment and the House bill require
partnerships to establish an evaluation plan that includes
strong performance objectives and measures.
The Senate recedes with an amendment to insert ``and
measurable'' after ``strong''.
The House bill includes, among the performance objectives
and measures, the number of teachers trained to integrate
technology, including technology consistent with the principles
of universal design for learning, into curricula and
instruction.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment making technical
changes to the House provision on the number of teachers
required to integrate technology into curricula and
instruction, and deleting the reference to ``decision making''
in this Section.
The Senate amendment and the House bill require
partnerships to provide information about the activities funded
under this part to educational personnel and leadership in
surrounding schools and to institutions of higher education.
Both give the Secretary authority to revoke a grant to
partnerships not making progress on the purposes, goals,
objectives, and measures of the grant by the end of the third
year.
The House and Senate recede with an amendment to require
the Secretary to cancel the grant if the grantee has not made
substantial progress in meeting the goals and objectives of the
grant after three years.
The Senate amendment and the House bill require the
Secretary to evaluate activities funded under this Part, report
findings to the authorizing committees, and to broadly
disseminate information on successful and ineffective
practices. The Senate amendment requires the Secretary to
report the findings regarding the activities while the House
bill requires the Secretary to report the findings regarding
the evaluation of such activities.
The Senate recedes.
Section 205. Accountability for programs that prepare teachers
The Senate amendment and the House bill require
institutions of higher education receiving federal assistance
under the Higher Education Act to report annually to the state
and the general public a Report Card containing a variety of
information on traditional teacher preparation programs and
alternative routes to state certification. Both require the
Report Card to contain pass rates and scaled scores for
students who took teacher certification assessments and are
enrolled in or completed a program. The Senate amendment and
the House bill require that the Report Card contain for each of
the assessments used by the state the percentage of students at
each institution of higher education who have completed one-
hundred percent of their non-clinical course work and passed
the assessment; the percentage of all students at all
institutions of higher education who have passed their
assessment; the percentage of students taking an assessment who
enrolled in and completed a program; and the average scaled
score for all students who took an assessment.
The Senate recedes with an amendment to add to the Report
card requirements a new subparagraph on goals and assurances
requiring information on whether goals under Section 206 have
been met, the activities the institution took to implement the
goals, a description of the steps the institution is taking to
improve its efforts to meet the goals, and a description of the
activities the institution has implemented to meet the
assurances required by Section 206.
The Senate amendment requires that the percentage of
students taking an assessment that enrolled in and completed a
program be made available widely and publicly by the state.
The House bill contains a similar provision but does not
require the information be made publicly available.
The Senate recedes.
The Senate amendment and the House bill require that the
Report Card contain the average scaled score, a comparison of
the program's pass rates, and a comparison of the programs
average scaled scores.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill require that the
Report Card contain program information. The House bill further
requires information on the number of students in the program
disaggregated by race, ethnicity, and gender.
The Senate recedes.
The Senate amendment and the House bill require that the
Report Card contain a statement on approval or accreditation of
teacher preparation programs. The Senate amendment and the
House bill also require that the Report Card contain
information on programs designated as low-performing.
The Conferees adopt the provision proposed by both the
Senate and the House.
The Senate amendment and the House bill require that the
Report Card contains information on the use of technology. The
House bill further requires that the Report Card contain
information on the training of general and special education
teachers.
The Senate recedes with an amendment to include
technology consistent with the principles of universal design
for learning in the description required regarding the use of
technology, and to eliminate ``decision making'' as an
improvement sought by the use of technology.
The Senate amendment and the House bill require that
partnerships report annually on the progress made toward
meeting the purposes of this Part and the objectives in Section
204(a). The Senate amendment and the House bill authorize the
Secretary to impose a fine of up to $25,000.
The Senate and the House recede with an amendment to
increase the fine amount to $27,500.
The Senate amendment and the House bill require each
state receiving federal assistance under the Higher Education
Act to report annually to the Secretary a state Report Card
containing a variety of information on traditional teacher
preparation programs and alternative routes to state
certification.
The Senate recedes with an amendment to require states to
make the state Report Card mandated by this section widely
available to the general public.
The Senate amendment and the House bill require that the
state Report Card contain a description of the reliability and
validity of the teacher certification and licensure
assessments.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill contain similar
provisions requiring that the state Report Card identify the
standards and criteria that prospective teachers must meet to
attain initial teacher certification.
The Senate recedes.
The Senate amendment and the House bill require that the
state Report Card contain 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. The Senate amendment and the House bill also
provide that the state Report Card contain for each of the
assessments used by the state: the percentage of students at
each institution of higher education who have completed one-
hundred percent of their non-clinical course work and passed
the assessment; the percentage of all students at all
institutions of higher education who have passed their
assessment; and the percentage of students taking an assessment
who enrolled in and completed a program.
The Senate recedes with an amendment to include the
average scaled scores of individuals participating in the
program.
The Senate amendment requires that the percentage of
students taking an assessment that enrolled in and completed a
program be made available widely and publicly by the state.
The House bill contains a similar provision, except that
it does not require such information to be made widely and
publicly available.
The Senate recedes.
The Senate amendment and the House bill contain similar
provisions requiring that the state Report Card include a
description of alternative routes to certification, except that
the Senate amendment refers to ``State certification'' and the
House bill refers to ``teacher certification.''
The Senate recedes.
The Senate amendment and the House bill require that the
state Report Card contain the criteria for admission into the
program and the number of students in the program,
disaggregated by race and gender. The House bill also requires
disaggregation of program participants by ethnicity.
The Senate recedes.
The Senate amendment and the House bill contain similar
provisions requiring the state Report Card to provide a
description of the extent to which teacher preparation programs
are helping to address shortages of highly qualified teachers.
The House recedes with a technical amendment to strike
``helping to'' and to change ``address'' to ``addressing.''
The House bill requires that the state Report Card
contain a description of the activities that prepare general
and special education teachers to effectively teach students
with disabilities.
The Senate amendment contains no similar provision.
The Senate recedes with a technical amendment to strike
the phrase ``A description of the activities that prepare
general and special education teachers'' and replace it with
``The extent to which teacher education programs prepare
teachers, including general and special education teachers.''
The Senate amendment and the House bill require that the
state Report Card contain a description of the activities that
prepare teachers to effectively integrate technology into
curricula and instruction.
The Senate recedes with a technical amendment to move
``effectively'' from before ``integrate technology'' to after
``integrate technology'', to insert ``including technology
consistent with the principals of universal design for
learning'' after ``curricula and instruction'' and to insert
``and'' after ``, learning'', and to strike ``and decision
making''.
The House bill requires that the state Report Card
contain a description of the activities that prepare general
education and special education teachers to effectively teach
students with limited English proficiency.
The Senate amendment contains no similar provision.
The Senate recedes with a technical amendment to insert
``teachers, including'' after ``that prepare'' and to insert a
comma after ``special education teachers.''
The Senate amendment and the House bill prohibit the
Secretary from creating a national list or ranking of states,
institutions of higher education, or schools.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill requires the Secretary to ``prescribe
regulations requiring practices and procedures to ensure the
reliability, validity, integrity, and accuracy of the data
submitted pursuant to this Section.''
The Senate amendment contains no similar provision.
The Senate recedes with a technical amendment to strike
``requiring practices and procedures.''
The Senate amendment and the House bill require the
Secretary to report to Congress on the quality of teacher
preparation in the United States.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 206. Teacher development
The Senate amendment and the House bill require that each
institution of higher education that conducts a traditional
teacher preparation program set annual quantifiable goals. The
Senate amendment further establishes this requirement as a
condition of receiving assistance under Title IV of the Higher
Education Act.
The Senate recedes.
The Senate amendment and the House bill require that one
quantifiable goal be to increase the number of prospective
teachers trained in teacher shortage areas. The Senate
amendment provides that shortage areas are designated by the
Secretary, while the House bill provides that state educational
agencies make that designation.
The Senate and the House recede with an amendment to
allow shortage areas to be designated by either the Secretary
or the state educational agency.
The Senate amendment and the House bill require that one
quantifiable goal be to more closely link the training provided
by the institution of higher education with the needs of
schools and the instructional decisions new teachers face in
the classroom.
The Senate and the House recede with an amendment to make
this requirement an assurance mandated by Subsection (b), and
included as a new paragraph (2) to read as follows: ``training
provided to prospective teachers is closely linked with the
needs of schools and the instructional decisions new teachers
face in the classroom.''
The Senate amendment and the House bill require that each
institution of higher education that conducts a traditional
teacher preparation program provide certain assurances to the
Secretary. The Senate amendment links this requirement to
receipt of assistance under Title IV of the Higher Education
Act.
The Senate recedes.
The Senate amendment and the House bill require that each
institution of higher education that conducts a traditional
teacher preparation program provide assurances to the Secretary
that prospective teachers receive training on how to
effectively teach in urban and rural schools. The House bill
limits this requirement as applicable.
The Senate recedes.
The Senate amendment and the House bill require public
reporting.
The Senate and the House recede with an amendment to
strike the reporting requirement in this Subsection and add a
new Subsection (c), captioned ``Rule of Construction'' that
provides as follows: ``Nothing in this Section shall be
construed to require an institution of higher education to
create a new teacher preparation area of concentration or
degree program or adopt a specific curriculum in complying with
this Section.''
Section 207. State functions
The Senate amendment and the House bill contain similar
provisions requiring that states have in place a procedure to
identify low-performing programs of teacher preparation and to
provide those programs with technical assistance.
The Senate recedes with an amendment to modify Section
(a) to begin ``In order to receive funds under this Act, a
State shall conduct an assessment to identify low-performing
programs of teacher preparation and assist such programs
through the provision of technical assistance.''
The House bill provides that levels of performance of
teacher preparation programs shall be determined solely by the
state and may include progress in increasing the percentage of
highly qualified teachers, improving student achievement, and
raising the standards for entry into the teaching profession.
The Senate amendment contains a similar provision.
The Senate recedes with an amendment to change ``student
achievement'' to ``student academic achievement'' and to change
``all students'' to ``elementary and secondary students.''
The Senate amendment and the House bill contain identical
language on the termination of eligibility, negotiated
rulemaking, and on the application of the requirements.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 208. General provisions
The Senate amendment and the House bill require the
Secretary to ensure the use of fair and equitable methods in
reporting and that the reporting methods do not allow
identification of individuals. The Senate amendment and the
House bill also include a special rule for states that do not
use content assessments as a means of ensuring that all
teachers teaching in core academic subjects are highly
qualified, as required under Section 1119 of the Elementary and
Secondary Education Act. The Senate amendment and the House
bill further require state educational agencies that receive
Higher Education Act funds to provide to a teacher preparation
program, upon the request of the program, any and all pertinent
education-related information possessed or controlled by or
accessible to the state agency that may enhance the
effectiveness of the program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 209. Authorization of appropriations
The Senate amendment authorizes for Part A such sums as
necessary for fiscal year 2008 and five succeeding fiscal
years.
The House bill authorizes for Part A $300,000,000 for
fiscal year 2009 and such sums for two succeeding fiscal years.
The Senate recedes.
Part B--Enhancing Teacher Education
Section 230. Authorizations of appropriations
The House bill establishes an authorization level of such
sums as necessary for Part B programs for fiscal year 2009 and
each of the five succeeding years.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to authorize such
sums for fiscal year 2009 and each of the five succeeding
fiscal years.
SUBPART 1--PREPARING TEACHERS FOR DIGITAL LEARNERS
The House bill replaces the existing Part B, Preparing
Teachers to use Technology, and establishes a new Part B
program, ``Preparing Teachers for Digital Age Learners,'' that
would pay the federal share of the costs of projects to
graduate teacher candidates who are prepared to use modern
information, communication, and learning tools; to strengthen
and develop partnerships among the stakeholders in teacher
preparation; and to assess the effectiveness of departments,
schools, and colleges of education.
The Senate amendment contains no similar provision.
The Senate recedes.
The Conference agreement contains language to ensure that
funds under section 232 can be used to, ``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
workplace.''
The Conferees intend the term ``technology literacy'' to
include student knowledge and skills in using contemporary
information, communication, and learning technologies in a
manner necessary for successful employment, life-long learning
and citizenship in the knowledge-based, digital, and global
21st century, which includes, at a minimum, the ability to use
technology to: (1) Effectively communicate and collaborate with
others in a safe and ethical manner; (2) Analyze and solve
problems, including the application of the engineering design
process; (3) Access, evaluate, manage, and create information
and otherwise gain information literacy; and (4) Demonstrate
creative thinking, construct knowledge, and develop innovative
products and processes.
SUBPART 2--THE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE
The House bill establishes a new program for the creation
of Augustus F. Hawkins Centers of Excellence at Historically
Black Colleges and Universities (HBCUs) and Minority Serving
Institutions (MSIs). The purposes of these Centers are to
increase teacher recruitment at HBCUs and MSIs and to make
institutional improvements to teacher preparation programs at
such institutions of higher education.
The Senate amendment contains no similar provision.
The Senate recedes.
SUBPART 3--PREPARING GENERAL EDUCATION TEACHERS TO MORE EFFECTIVELY
EDUCATE STUDENTS WITH DISABILITIES
The House bill establishes a new Teach to Reach program,
a competitive grant program for eligible partnerships to
improve the preparation of general education teacher candidates
in order to more effectively teach students with disabilities.
The Senate amendment contains no similar provision.
The Senate recedes.
SUBPART 4--ADJUNCT TEACHER CORPS
The House bill establishes a new program called the
Adjunct Teacher Corps, a competitive grant program for local
education agencies or local education agency partnerships to
help recruit and train math, science, and critical foreign
language specialists to serve as adjunct content specialists in
support of teachers. Grants last five years and must be matched
one-hundred percent by non-federal sources.
The Senate amendment contains no similar provision.
The Senate recedes.
SUBPART 5--GRADUATE FELLOWSHIP TO PREPARE FACULTY IN HIGH NEED AREAS AT
COLLEGES OF EDUCATION
The House bill includes a provision under Title VII to
establish a priority under the Graduate Assistance in Areas of
National Need (GANN) program to fund eligible grantees aimed at
educating individuals to become professors in the fields of
special education, bilingual education and math and science
education.
The Senate includes no similar provision.
The Senate recedes with an amendment to create a new
program under Title II to establish graduate fellowships to
prepare individuals to become university faculty who will
prepare highly qualified teachers in fields of special
education, bilingual education and English as a second
language, mathematics and science.
The Conferees recognize the critical shortage of faculty
in teacher preparation programs in these areas. This program
will ensure that teacher preparation programs have the capacity
to prepare highly qualified teachers in these high need fields.
Part C--General Provisions
Section 261. Limitations
The Senate amendment and the House bill include similar
provisions that indicate that nothing in this Title (Senate) or
Part (House) shall be construed to authorize federal control
over private, religious, or home schools, however defined under
state law. The Senate amendment also provides that nothing in
this title shall be construed to authorize the Secretary to
establish any national system of teacher certification or
licensure.
The House recedes.
The Conferees intend that nothing in this section shall
be constructed to limit individual states from collaborating
with other states to update, revise, or create state systems of
teacher certification or licensure, create similar or identical
certification or licensure requirements, or establish
certification or licensure reciprocity agreements.
The House bill provides that 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 the employees to engage in collective
bargaining with their employers.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to align the
language with a similar provision in the Elementary and
Secondary Education Act.
TITLE III--INSTITUTIONAL AID
Section 301. Program purpose
The Senate amendment and the House bill contain similar
provisions regarding the expansion of authorized activities
under Part A. The Senate amendment includes remedial education
and English language instruction courses as part of any
innovative, customized courses designed to help students with
program completion.
The Senate recedes with an amendment to add remedial
education and English language instruction as part of any
innovative, customized courses designed to help students with
program completion.
Section 302. Definitions; eligibility
The Senate amendment corrects a cross reference in the
institutional eligibility definition by removing the reference
to Subsection (c), which defines the term ``endowment fund,''
and instead referring to Subsection (d), which defines the term
``enrollment of needy students.''
The House bill contains no similar provision.
The House recedes.
Section 303. American Indian tribally controlled colleges and
universities
The Senate amendment and the House bill redefine a Tribal
College or University (TCU) as an institution that qualifies
for funding under the Tribally Controlled College and
University Assistance Act (TCCUAA) or the Navajo Community
College Assistance Act of 1978 or, that is cited in Section 532
of the Equity in Educational Land-Grant Status Act (EELGSA).
The Senate amendment and the House bill amend the list of
authorized activities and programs of a TCU and authorize the
acquisition of real property adjacent to a TCU campus.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill allows faculty exchanges and fellowships
to assist faculty with attaining a degree in tribal governance
or policy. The House bill also permits funds to be used to
provide academic instruction in tribal governance or tribal
public policy.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment allows funds to be used for
education and counseling services to improve the financial and
economic literacy of students or their families, and developing
distance education technologies.
The House bill contains a similar provision with respect
to distance education technologies.
The House recedes.
The Senate amendment and the House bill amend the
application process. The Senate amendment specifies that the
Secretary shall establish application requirements in a manner
that simplifies and streamlines the process.
The House recedes with an amendment to clarify that the
streamlined process requirement applies to grants under this
Section.
The Senate amendment and the House bill establish a new
allocation formula whereby the Secretary may reserve thirty
percent of the appropriations for one-year construction,
maintenance and renovation grants of not less than $1,000,000.
The House requires such reservation to begin with fiscal year
2009.
The House recedes.
The Senate amendment and the House bill provide that the
Secretary shall give preference to institutions that have not
received a prior award. The House bill specifies that such
preference applies to institutions that have not received an
award under this Section for a previous fiscal year.
The Senate recedes.
The Senate amendment and the House bill specify that of
any remaining funds, sixty percent shall be allocated to
eligible institutions based on Indian student count and forty
percent equally distributed among eligible institutions. The
minimum grant amount is $500,000.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill specify that no
TCU that is eligible for and receives funds under this Section
shall concurrently receive funds under other provisions of this
Part or Part B.
The Senate and the House recede with an amendment to
clarify that a TCU receiving funds under this Part shall not
concurrently receive funds under this Part, Part B, and Title
V.
The Senate amendment and the House bill provide that the
wait-out period (Section 313(d) of the Higher Education Act
(HEA)) shall not apply to institutions that are eligible for
funds under this Section.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 304. Alaska Native and Native Hawaiian-serving institutions
The Senate amendment expands the authorized activities to
include education or counseling services designed to improve
the financial and economic literacy of students or their
parents.
The House bill contains no similar provision.
The House recedes with an amendment to strike ``students'
parents'' and insert ``students' families.''
Section 305. Predominantly Black institutions
The Senate amendment defines ``educational and general
expenditures,'' for purposes of this Section, as the term is
defined in Section 312 of the Higher Education Act (HEA).
Additionally, the Senate amendment specifies that the
Secretary's existing waiver authority described in Section
392(b) of the HEA is applicable under this program.
The House bill contains no similar provisions.
The House recedes.
The Senate amendment and House bill have similar
provisions with respect to waiving the requirement that
eligible institutions have low, per full-time equivalent
undergraduate student expenditures relative to the average
educational and general expenditure per full-time equivalent
undergraduate students at institutions that offer similar
instruction.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and House bill include similar
definitions of ``enrollment of needy students''. The Senate
amendment counts students who attended a public or nonprofit
secondary school in a district that was eligible for assistance
under Part A of Title I in ESEA and where enrollment of
students counted under Section 1113(a)(5) of ESEA exceeds
thirty percent. The House bill includes students who attended a
secondary school that was a high need school during any year of
the student's attendance.
The House recedes.
The Senate amendment specifies that the Secretary shall
give priority to institutions with large numbers or percentages
of students described in Subsections (b)(2)(A).
The House bill contains no similar provision.
The House recedes.
The House bill specifies that the Section 393
(Application Review Process) of the HEA does not apply to
Predominantly Black Institution applicants.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill specifies that no Predominantly Black
Institution (PBI), as defined under 318, that applies for and
receives funding under this Section may receive assistance
under Part B of this Title.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that a
PBI receiving funds under this Part should not concurrently
receive funds under other provision of this Part, Part B, and
Title V.
The Senate amendment authorizes appropriations of such
sums as may be necessary for fiscal year 2008 and each of the
five succeeding fiscal years.
The House bill provides an authorization of
appropriations in Title III of $75,000,000 for fiscal year 2009
and such sums as may be necessary for each of the four
succeeding fiscal years.
The Senate and the House recede with an amendment to
authorize $75,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the five succeeding years.
Section 306. Native American-Serving, nontribal institutions.
The Senate amendment and the House bill establish a new
program for Native American-serving, nontribal institutions of
higher education to improve and expand the institutions'
capacity to serve Native Americans.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an amendment to clarify that
grants shall be used by Native American-serving, nontribal
institutions of higher education to serve Native Americans and
low-income individuals.
The Senate amendment specifies a minimum grant amount of
$200,000 for grants under Title III.
The House bill contains no similar provision.
The House recedes with an amendment to clarify that the
minimum grant provision applies only to this Section.
Section 307. Assistance to Asian American and Native American Pacific
Islander-serving institutions
The House bill establishes a new grant program for Asian
American and Native American Pacific Islander-serving
institutions. Grantees are authorized to use funds for
activities similar to those authorized for other Title III
grantees. The House bill specifies that the Secretary shall
ensure equitable distribution of the grants among all eligible
institutions of higher education and shall give priority to
institutions of higher education that serve a significant
percentage of Asian American or Native American Pacific
Islander students.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to clarify that
grants shall be used by Asian American and Native American
Pacific Islander-serving institutions of higher education to
serve Asian Americans, Native American Pacific Islanders and
low-income individuals.
Section 308. Part B definitions
Both the Senate amendment and the House bill require the
Secretary to consult with the Commissioner of the National
Center for Education Statistics (NCES) regarding the
professional and academic areas in which blacks are
underrepresented.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 309. Grants to institutions
The Senate amendment corrects a cross reference to the
authorization of funds, by striking ``360(a)(2)'' and inserting
``399(a)(2).''
The House bill contains no similar provision.
The House recedes.
The Senate amendment and the House bill expand the list
of authorized activities to include funding for education or
counseling services designed to improve financial and economic
literacy of students or their parents. The House bill specifies
that such information shall focus on student indebtedness and
student assistance programs under Title IV. The House bill
additionally authorizes the acquisition of real property in
connection with the construction, renovation, or addition to or
improvement of campus facilities.
The Senate recedes with an amendment to strike
``parents'' and insert ``families.''
The House bill additionally authorizes technical
assistance or services necessary for the implementation of
activities described in the grant application. Not more than
two percent of the grant amount may be used for this purpose.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike technical
assistance.
Section 310. Allotments
The House bill changes the minimum allotment.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 311. Professional or graduate institutions
The House bill specifies that any funds awarded for the
five year grant period authorized under this Section and that
are obligated during such five year period may be expended
during the ten year period beginning on the first day of such
five year period.
The Senate amendment contains no similar provision.
The Senate amendment and the House bill authorize the
acquisition of real property in connection with the
construction, renovation, addition to, or improvement of campus
facilities. The House bill does not specify that such property
be adjacent to the campus.
The House recedes.
The Senate amendment and the House bill authorize
education or counseling services designed to improve the
financial and economic literacy of students or their parents.
The House bill requires that such information focus on student
indebtedness and student assistance programs under Title IV.
The Senate recedes with an amendment to strike
``parents'' and insert ``families.''
The Senate amendment authorizes tutoring and counseling
services to improve academic success.
The House bill contains no similar provision.
The House recedes.
The Senate amendment includes additional requirements
regarding the application.
The House bill contains no similar provision.
The House recedes.
The House bill authorizes funds to be used for technical
assistance or services necessary for the implementation of the
activities described in the grant application. Not more than
two percent of the grant amount may be used for this purpose.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike technical
assistance.
The Senate amendment and the House bill expand the list
of eligible graduate and professional schools/programs under
Part B of Section 326 of the HEA. The Senate amendment adds
qualified graduate programs at Alabama State University, Coppin
State University, Prairie View A&M University, Fayetteville
State University, Delaware State University;; Langston
University, West Virginia State University, Kentucky State
University, and Grambling State University. The House bill adds
Alabama State University; Bowie State University, Delaware
State University; Langston University; Prairie View A&M
University, and the University of the District of Columbia Law
School.
The Senate recedes.
Under current law any funds in excess of $28,600,000 are
made available to institutions using a formula with various
factors. The Senate amendment amends the allocation formula
with respect to the number of students enrolled in the
qualified graduate programs of the eligible institution or
program, for which the institution or program received and
allocated funding under this Section in the preceding year.
The House bill contains no similar provision.
The Senate amendment includes as an element of the
formula developed by the Secretary the percentage of students
at the institution who are Black American students and minority
students receiving their first professional, master's, or
doctoral degree from the institution of higher education or
program in the academic year preceding the academic year for
which the determination is made, represents of the total number
of Black American students and minority students in the United
States who receive their first professional, master's, or
doctoral degree in the professions or disciplines related to
the course of study at such institution or program,
respectively, in the preceding academic year.
The House bill contains no similar provision.
The House recedes with an amendment to strike references
to ``Black American'' and insert ``African American.''
The House bill changes the funding reservation structure
to reserve the first $54,500,000 appropriated for the eighteen
grantees listed prior to 2008, and reserves $6,000,000 for the
six institutions added by the House bill.
Section 312. Unexpended funds
The House bill provides that any funds paid to an
institution of higher education that are 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.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 313. Endowment challenge grants
The House bill increases the maximum grant amount to
$1,000,000 and the minimum grant amount to $100,000.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 314. Historically Black college and university capital
financing
The House bill amends the definition of a ``capital
project'' by clarifying that such project includes the
construction or acquisition of a facility, equipment or fixture
that is essential to maintaining the accreditation of the
institution by an accrediting agency or association recognized
by the Secretary.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike the
reference to a ``nationally recognized accrediting agency or
association'' in current law.
The House bill amends the definition of ``designated
bonding authority'' to include ``any private, for-profit
corporation selected by the Secretary,'' rather than ``the
private, for-profit corporation selected by the Secretary'', in
order to allow multiple bonding authorities to operate
concurrently.
The Senate amendment contains no similar provision.
The House recedes.
The House bill further amends the definition of
``designated bonding authority'' to clarify that bonds issued
by such authority are for the purposes of financing capital
projects.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill includes definitions of ``eligible
foundation'' and ``borrower.''
The Senate amendment contains no similar provision.
The House recedes.
The House bill reduces to one percent the current maximum
of two percent of the proceeds from qualified bonds that the
designated bonding authority may retain for issuing bonds.
The Senate amendment contains no similar provision.
The House recedes.
The House bill specifies that the designated bonding
authority may not charge interest on loans in excess of one
percent.
The Senate amendment contains no similar provision.
The House recedes.
The House bill specifies that, for loans closed before
June 15, 2008, any remaining loan proceeds deposited in escrow
that are made available to the Secretary to pay principal and
interest on bonds in the event of delinquency in repayment
shall be returned to the borrower within ninety days of the
scheduled repayment of the loan.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to eliminate the
restriction on the applicability of the provision to loans
closed by a date certain, to provide that any remaining loan
proceeds deposited in escrow shall be returned to the borrower
within 120, rather than ninety days of the scheduled repayment
of the loan, and to update a reference in current law with
respect to the amount of loan proceeds that are deposited in
escrow.
The House bill specifies that any loan collateralization
shall not exceed one-hundred percent of the loan amount.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to allow loan
collateralization to exceed one-hundred percent only if
required by the Secretary.
The House bill specifies that, for loans closed after
June 15, 2008, the designating bonding authority shall
establish a reserve account into which shall be deposited an
origination fee of one percent with respect to each loan. The
account shall be available to the Secretary to pay principal
and interest on bonds in the event of delinquency in loan
repayment.
The Senate amendment contains no similar provision.
The House recedes.
The House bill provides for loan forbearance and
deferment on terms agreed to in writing between the designated
bonding authority and a borrower, subject to the approval of
the Secretary in consultation with the Historically Black
Colleges and Universities (HBCU) Capital Financing Advisory
Board.
The Senate amendment contains no similar provision.
The House recedes.
With respect to the limitations on federal insurance for
bonds issued by the designated bonding authority, the House
bill increases the maximum amount of aggregate principal and
accrued unpaid interest that may be outstanding at any time
from $375,000,000 to $1,100,000,000 and, of this amount, allots
$733,333,333 for loans to private HBCU's and $366,666,666 for
loans to public HBCU's.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to increase the
allotment for loans to public HBCU's to $366,666,667.
The House bill directs the Secretary to specify up to
three designated bonding authorities authorized under Part D
and to provide for periodic review of designated bonding
authority authorizations no less frequently than every three
years.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to strike the
requirement that the Secretary specify up to three designated
bonding authorities, and insert a requirement that the
Secretary ensure that the selection process for the designated
bonding authority is conducted on a competitive basis and that
the evaluation and selection process is transparent. The
Secretary is directed to review the performance of the
designated bonding authority after the third year of the
insurance agreement and to implement a revised competitive
selection process if determined necessary by the Secretary, in
consultation with the HBCU Capital Financing Advisory Board.
The Senate amendment requires that not later than ninety
days after the date of enactment of the [Short Title], the
Secretary shall submit to the authorizing committees a report
on the progress of the Department of Education in implementing
the recommendations made by the Government Accountability
Office (GAO) in October 2006, for improving the HBCU Capital
Financing Program.
The House bill contains no similar provision.
The House recedes with an amendment to provide the
Secretary 120 days after the date of enactment of this Act to
submit the report to the authorizing committees.
The Conferees recognize the prominent role that HBCU's
have played in our Nation's history. The Conferees also
appreciate that the HBCU Capital Financing Program has helped
to strengthen HBCU's by providing access to low-cost financing
to fund infrastructure improvements. The Conferees intend for
the Secretary to implement improvements that will further
enhance the program for HBCU's, including those identified by
the GAO in its October 2006 report on the program. The
Conferees also intend for the Secretary to continue the
Department of Education's reported efforts to explore other
options to improve the program. In particular, the Conferees
intend for the Secretary to explore alternative methods of
compensating the designated bonding authority that would reduce
the cost of bond issuance incurred by participating HBCU's,
while simultaneously ensuring that the compensation is
sufficient to ensure interest on the part of companies to
compete to become the program's designated bonding authority.
Currently, HBCU's that participate in the program pay up to two
percent of the proceeds of bonds issued to the designated
bonding authority. The Conferees intend for the Secretary to
consider, among other options, a fee structure that would
charge up to two percent of the proceeds from bond issuance but
not above a reasonable amount (to be determined after an
assessment of the actual costs of bond issuance). To ensure
continued improvements are made to the program and that it is
meeting the needs of HBCU's, the Conferees intend to engage in
robust oversight of the Department of Education's
administration of the program.
The House bill increases from nine to eleven the number
of members of the HBCU Capital Financing Advisory Board,
increases from two to three the number of members required to
be presidents of public HBCU's, and designates the President of
the Thurgood Marshall Scholarship Fund as a member of the
Advisory Board.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike
``Scholarship'' and insert ``College'' to correct the Title of
the Thurgood Marshall College Fund.
Section 315. Programs in STEM fields
The House bill creates a new subpart 2, ``Programs in
STEM Fields'', and a new YES Partnership Grant, that provides
support to eligible partnerships for minority youth engagement
in science, technology, engineering and mathematics, through
outreach and experiential learning. The partnership must
include at least one institution of higher education eligible
for assistance under Title III or V, at least one high-need
local education agency; and at least two community
organizations. The House bill specifies a minimum grant amount
of $500,000.
The Senate amendment contains no similar provisions.
The Senate recedes.
The House bill amends Section 361(4) of the HEA,
eligibility for grants, to clarify that public institutions of
higher education may be included in the consortia. The House
bill also includes research laboratories at the Department of
Defense or the National Science Foundation as possible partners
in the consortia.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to clarify that
institutions of higher education include both public and
private institutions; to replace the research laboratories
affiliated with the National Science Foundation with
laboratories affiliated with the National Institutes of Health,
and to expand eligibility to relevant divisions or offices of
NASA, the National Oceanic and Atmospheric Administration, the
National Science Foundation, and the National Institute of
Standards and Technology.
Section 316. Investing in historically Black colleges and universities
and other minority serving institutions
The House bill includes a provision to move Part J of
Title IV of the College Cost Reduction and Access Act to Title
III.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 317. Technical assistance
The House bill authorizes the Secretary to provide
technical assistance to eligible institutions to prepare them
to qualify, apply for and maintain a grant under Title III.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 318. Waiver authority
The House bill provides the Secretary with waiver
authority for institutions that are located in an area affected
by a Gulf Hurricane. Specifically the Secretary shall waive the
following for each fiscal year 2009 through 2013: the data
requirements for eligibility under Section 312 (b) of the HEA;
the wait-out period for Part A grants; allotment requirements
for Part B; and the use of the funding formula for the
historically Black college and university graduate and
professional institutions. The House bill makes available to
each affected institution of higher education an amount that is
not less than the amount made available to such institutions
under this Title for fiscal year 2006.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to provide for a
ratable reduction in the event of reduced appropriations and to
change the waiver extension to three mandatory years and two
permissible years.
The House bill includes TCU's in the definition of an
affected institution.
The Senate amendment contains no similar provision.
The House recedes.
The House bill includes in the definition of an affected
institution Alaskan Native-serving and Native Hawaiian-serving
institutions.
The Senate amendment contains no similar provision.
The House recedes.
The House bill defines ``area affected by a Gulf
hurricane disaster'' and ``Gulf hurricane disaster'' as they
are defined in Section 209 of the Higher Education Hurricane
Relief Act of 2005.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 319. Authorization of appropriations
The Senate amendment authorizes ``such sums as may be
necessary'' for all Title III programs for fiscal year 2008 and
each of the five succeeding years.
The House bill provides specific sums for fiscal year
2009 and such sums as may be necessary for each of the four
succeeding years.
The Senate recedes with an amendment to authorize
appropriations for fiscal year 2009 of: $135,000,000 for Part A
other than American Indian Tribally Controlled Colleges and
Universities, $75,000,000 for Predominantly Black Institutions,
$30,000,000 for American Indian Tribally Controlled Colleges
and Universities, $15,000,000 for Alaska Native and Native
Hawaiian-Serving Institutions, $30,000,000 for Assistance to
Asian American and Native American Pacific Islander-Serving
Institutions, $25,000,000 for Native American-Serving,
Nontribal Institutions, $375,000,000 for Strengthening
Historically Black Colleges and Universities, $125,000,000 for
Historically Black Graduate Institutions, $10,000,000 for
Endowment Challenge Grants for Institutions Eligible for
Assistance Under Part A or Part B, $185,000 for Historically
Black College and University Capital Financing, such sums as
necessary for Technical Assistance, $12,000,000 for the
Minority Science and Engineering Improvement Program, and such
sums as may be necessary for YES Partnership Grants, and such
sums as may be necessary for each of the five succeeding fiscal
years for each program.
Section 320. Technical corrections
The Senate amendment and the House bill are identical
with respect to the technical amendments.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
TITLE IV--STUDENT ASSISTANCE
Part A--Grants to Students in Attendance at Institutions of Higher
Education
Section 401. Federal Pell grants
The Senate amendment extends the program authority for
Pell to 2013.
The House bill has no similar provision.
The Senate recedes.
The Senate amendment increases the authorized maximum
Pell award as follows: $5,400 for academic year 2008-2009;
$5,700 for 2009-2010; $6,000 for 2010-2011; and $6,300 for
2011-2012. The House bill increases the authorized maximum Pell
award to $9,000 for each of the academic years.
The Senate and House recede with an amendment to increase
the authorized maximum Pell award as follows: $6,000 for the
academic year 2009-2010; $6,400 for 2010-2011; $6,800 for 2011-
2012; $7,200 for 2012-2013; $7,600 for 2013-2014 and $8,000 for
2014-2015.
The Senate amendment changes the minimum Pell award to
ten percent of the appropriated maximum Pell award.
The House contains no similar provision.
The House recedes.
The Senate amendment and the House bill authorize a year-
round Pell grant. The Senate amendment provides up to two Pell
grant awards in a single academic year for students who enroll
at least half-time in a four-year or two-year program of
instruction. The House bill is the same except that it allows a
student enrolled in certificate program to be eligible for
year-round Pell grants.
The House recedes with an amendment to specify that
students enrolled in a certificate or diploma program at a two-
year or four-year institution of higher education are also
eligible to receive up to two Pell grants in one award year.
The Conferees recognize the importance of enabling
students to accelerate the completion of their programs of
study by enrolling in school year-round.
The House bill denies eligibility for a Pell Grant to
individuals who are subject to an involuntary civil commitment
for committing a forcible or non-forcible sexual offense.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill makes technical amendments to provisions
pertaining to the disbursement of the mandatory Pell Grant
funds, emphasizing that the mandatory Pell grant funds and the
discretionary Pell grant funds may be disbursed in the same
manner during the same timeframe. The House bill specifies that
the mandatory funds shall remain available for two full fiscal
years to be consistent with discretionary Pell Grant funds.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment and the House bill limit Pell Grant
receipt to eighteen semesters or an equivalent determined by
the Secretary. The House bill also specifies that twenty-seven
quarters is equivalent to this limit.
The House recedes.
The Senate amendment states that the eighteen-semester
limit is determined without regard to attendance status (full-
time or part-time) and includes time prior to the date of
enactment. The House bill specifies that only the amount (or
percent) of time that the student enrolls shall be counted
against the time limit. The House bill also applies the limit
only to students who receive their first Pell Grant after July
1, 2008.
The Senate recedes.
The House bill sets the expected family contribution
(EFC) to $0 for any Pell eligible student whose parent or
guardian was a member of the Armed Forces and died in Iraq or
Afghanistan after September 11, 2001. The student must also be
eighteen years or less or enrolled part-time or full-time at an
institution of higher education when the parent died.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to specify that to
be eligible, a student must have been twenty-four years of age
or less, or enrolled at least part-time at an institution of
higher education, at the time of parent's death. The Secretary
of Defense and the Secretary of Veterans Affairs shall provide
the Secretary of Education with the information necessary to
determine which students meet the requirement.
The Conferees intend for the Secretaries of Defense and
Veterans Affairs to work with the Secretary of Education to
design mechanisms by which potential beneficiaries of this
provision may be made known to the Secretary of Education. The
Conferees intend for the Secretaries of Defense and Veterans
Affairs to notify individuals of the conditions under which
they may be eligible for an expected family contribution of
zero, and provide direction for obtaining this benefit. The
Conferees do not intend for this provision to require the
addition of any new questions to the Free Application for
Federal Student Aid.
Section 402. Academic competitiveness grants
The Conferees agreed to adopt the following provisions in
the Senate amendment and House bill, as indicated, but the
provisions were struck from the conference agreement because
they were enacted in the ``Ensuring Continued Access to Student
Loans Act of 2008'' (PL 110-227).
The Senate amendment and the House bill remove the term
``academic'' from all references to year of study in the
Academic Competitiveness (AC) and National Science and
Mathematics Access to Retain Talent (SMART) grant program
provisions. However, the House bill replaces ``academic'' with
``award.''
The Senate recedes.
The Senate amendment and the House bill eliminate the
requirement that eligible students must be full-time. Both the
Senate amendment and the House bill extend AC and SMART grant
eligibility to eligible non-citizens. The Senate amendment
states that a student must be Pell-eligible and the House bill
states that the student must be eligible for federal student
aid.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill require that a
student be enrolled at least half time to receive AC or SMART
grants and that for students enrolled less-than-full time, the
amount of the grant is reduced in the same manner as Pell
Grants.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill eliminates the requirement that a rigorous
program must be established by the State or local education
agency and replaces it with courses that prepare students for
college and work that are beyond the basic graduation
requirements and that are recognized 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.
The Senate amendment has no similar provision.
The Senate recedes.
The House bill extends AC grant eligibility to students
who were previously enrolled in a program of undergraduate
education as a part of their secondary education.
The Senate amendment has no similar provision.
The Senate recedes.
The House bill extends eligibility to students enrolled
in certificate programs. The Senate amendment specifies that
the extension of eligibility is for a student's first year for
students enrolled in certificate programs lasting at least one
year, and for a second year in the case of students enrolled in
certificate programs lasting at least two years.
The House recedes.
The Senate amendment and the House bill redefine which
foreign language majors are eligible for SMART grants by
removing the requirement that the foreign language must be
approved by the Secretary and the Director of National
Intelligence, and referencing the list of critical foreign
languages published in the Federal Register on August 2, 1985.
The Secretary may set priorities according to national
security, economic competitiveness and educational needs.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill extend
eligibility for SMART grants to students studying qualified
subjects who are enrolled in institutions of higher education
that do not permit declaration of a major. The Senate amendment
also extends eligibility to students who are required as part
of their degree program to undertake a rigorous course of study
in mathematics, biology, chemistry and physics.
The House recedes with an amendment to require that
students enrolled in institutions that do not allow for a
declaration of a major, that such students must have a
cumulative grade point average of at least 3.0, unless they are
enrolled in a degree program that requires a rigorous course of
study in mathematics, biology, chemistry, and physics, in which
there is no specific grade point average.
The Senate amendment extends a fifth year of eligibility
for SMART grants to students in programs that require five full
years of course work.
The House bill has no similar provision.
The House recedes.
The House bill clarifies that the $750 grant amount is
for one academic year, during the student's first year of
enrollment, that the $1,300 grant amount is for one academic
year, during the student's second year of enrollment, and that
the $4,000 grant amount is for one academic year, during each
of the student's third and fourth years of enrollment.
Senate amendment has no similar provision.
The Senate recedes.
The Senate amendment specifies that the Secretary may not
award a grant to any student for credit received prior to the
enactment of HERA. The Senate amendment clarifies that the
Secretary may not award more than one grant to a student for
each year of study through the fifth year. The Senate amendment
requires that institutions of higher education make payments
for AC and SMART grants in the same manner as Pell. The Senate
amendment specifies that the funds shall remain available for a
succeeding fiscal year.
The House bill has no similar provisions.
The House recedes.
In addition, Conferees agree to adopt the following
changes to the ``Ensuring Continued Access to Student Loans Act
of 2008'' (PL 100-227): to waive master calendar and negotiated
rulemaking for the changes to the Academic Competitiveness and
SMART grant program included in that statute; to make the
changes to the program take effect starting on July 1, 2009; to
require the appropriate official, consistent with State law, to
submit eligible rigorous curricula to the Secretary at such
time as the Secretary may require; and to clarify that a
rigorous curricula also includes one that is recognized as such
by the Secretary in regulations promulgated to carry out this
section, as such regulations were in effect on May 6, 2008.
Section 403. Federal TRIO programs
The Senate amendment and the House bill extend the
duration of TRIO grants from four to five years, increase
minimum grant amounts for each of the TRIO programs to $200,000
except the evaluation grants which are raised to $170,000,
prioritize high quality service delivery, and prohibit the
Secretary from providing assistance to fraudulent programs. The
Senate amendment and the House bill clarify that the Secretary
may award grants to different campuses of an institution. Both
the Senate and the House make the same amendment concerning
prior experience and data. The Senate amendment and the House
bill make the same amendment concerning the objectives of the
Postbaccalaureate Achievement Program, and Educational
Opportunity Centers. The Senate amendment and the House bill
make conforming amendments to the subparagraph on the
Secretary's waiver authority and subsection (e) (Documentation
of status as a low-income individual). The Senate amendment and
the House bill change the definitions subsection and add new
definitions for the terms ``different campus'' and ``different
population.'' The Senate amendment and the House bill extend
eligibility for the Postbaccalaureate Achievement program to
Native Hawaiians and Pacific Islanders.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill clarifies that community-based
organizations are eligible for the TRIO programs and removes a
requirement in current law that secondary schools be eligible
only in exceptional circumstances. The House bill extends the
duration for certain grants in order to synchronize current
award cycles and requires the Secretary to consider the number,
percentages and needs of eligible participants in awarding
grants.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to specify that
``organizations'' includes community-based organizations, and
to clarify that secondary schools are eligible grantees as
appropriate to the purposes of each program.
The additional language clarifies that secondary schools
can serve as eligible grantees for TRIO programs that take
place in secondary schools (e.g., Upward Bound, Upward Bound
Math Science, and Talent Search).
It is the understanding of the Conferees that, when
assessing the level of need of an eligible entity for a grant
or contract under this chapter, the Department of Education
should consider the numbers, percentages, and needs of the
eligible students rather than the characteristics of the entity
both for pre-college and college-level programs. Focusing on
the level of need of a school could unintentionally mask the
level of need of students for such services. This provision
clarifies that the application process should focus on the
needs of the eligible students rather than solely on the
characteristics of the institutions attended.
The House bill requires that all TRIO grantees identify
services for foster care youth and to ensure such youth receive
services. The House bill further clarifies that homeless youth
are eligible to participate in programs under this chapter.
The Senate amendment makes the same amendments, but does
so in each TRIO program.
The Senate recedes with an amendment to require grantees
to identify and make services available for foster care and
homeless youth, and to clarify that foster care youth are
eligible to participate in programs under this chapter.
The Senate amendment and the House bill set specific
requirements that outcome criteria must measure the quality and
effectiveness of an entity's program. Both the Senate amendment
and the House bill require the Secretary to compare the results
with the target established in the application.
The Senate amendment requires the entity to compare the
results with the target.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill amend the outcome
criteria of Talent Search. The House bill also adds language on
completing a rigorous secondary school program. The Senate
amendment adds language on the postsecondary education
completion of students in Talent Search.
The Senate and the House recede with an amendment to
include both completion of a rigorous secondary school program
and postsecondary education completion as outcome criteria for
students in Talent Search.
It is the understanding of the Conferees that grantees
under this subchapter receive a low dollar amount per student,
which may make measuring postsecondary completion of their
students difficult. The Department of Education should work
with grantees to design and implement outcome measures that
will not result in reduction of services to current students.
The Senate amendment and the House bill make the same
amendment concerning the outcome criteria of Upward Bound. The
House bill also adds language on completing a rigorous
secondary school program.
The Senate recedes with an amendment to include
postsecondary education completion and to specify that students
graduate from secondary school with a regular diploma in the
standard number of years as outcome criteria for students in
Upward Bound.
The Senate amendment and the House bill make the same
amendment concerning the outcome criteria of Student Support
Services.
The House recedes with an amendment to clarify the
outcome criteria relating to the completion of degree programs.
The House bill adds a new appeals process in the event
that the Secretary does not accept an application or does not
fund an application.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to create an appeal
process for TRIO program applicants, in cases where the
applicant has evidence of a specific technical, administrative,
or scoring error made by the Department, an agent of the
Department, or a peer reviewer on an application, which
includes review by a secondary review panel, to formally appeal
their grant scores.
The need for such a process is evidenced by past errors
including the miscalculation of prior experience points by the
Department, applications lost or wrongly determined to be
incomplete by the Department or its agent (such as Grants.gov),
and misunderstandings by peer reviewers of the program purpose
of a grant applicant and the population that that program
serves. By including this language, Conferees intend to prevent
future errors from wrongly denying programs funding and ensure
that all TRIO applicants are subject to a fair and transparent
application process.
The Senate amendment authorizes TRIO at such sums as
necessary for fiscal year 2008 and the five succeeding fiscal
years.
The House bill established the TRIO authorization level
at $950,000,000 for fiscal year 2009 and such sums as necessary
for the four succeeding fiscal years.
The Senate recedes with an amendment to authorize
$900,000,000 for fiscal year 2009 and such sums as necessary
for each of the five succeeding fiscal years.
The Senate amendment amends veterans eligibility for
Upward Bound to include anyone who served on active duty more
than 180 days after January 31, 1955; served on active duty
after January 31, 1955 and was discharged because of a service
connected disability; or was a member of the reserves and
called to active duty for more than 180 days.
The House bill amends veterans eligibility for Upward
Bound to include anyone who served on active duty more than 180
days; served on active duty and was discharged because of a
service connected disability; was a member of the reserves and
called to active duty for more than 180 days; or was a member
of the reserves who served on active duty in support of a
contingency operation on or after September 11, 2001.
The Senate recedes with an amendment to specify that a
member of the reserves called to active duty for more than
thirty days is eligible for Upward Bound.
The Senate amendment amends the authorizing language for
the Talent Search program, by removing language on educational
potential and ability to complete and adding language regarding
encouraging eligible youths and facilitating students'
application for aid. The Senate amendment adds a new subsection
to specify required and permissible services.
The House bill contains no similar provisions.
The House recedes with an amendment to move academic
tutoring to a permissible service and to require connections to
education or counseling services designed to improve financial
literacy, instead of requiring the provision of those services.
The Senate amendment provides language authorizing Talent
Search to give support to students who are limited English
proficient, homeless, and who are in or aging out of foster
care.
The House bill authorizes Talent Search to give support
to students who are limited English proficient, groups or
persons from disadvantaged backgrounds that have particular
lower education access or outcomes, or disconnected students.
The House recedes with an amendment to add students from
groups that are traditionally underrepresented in postsecondary
education, students with disabilities, and other disconnected
students.
The Conferees recognize that students who are limited
English proficient, students from groups that are traditionally
underrepresented in higher education, students with
disabilities, homeless students, youth aging out of foster
care, or other disconnected students, such as pregnant or
parenting teens or youth who have been involved in the juvenile
justice system, have additional challenges in accessing
postsecondary educational opportunities and persisting until
program completion. Therefore, the Conferees encourage TRIO
grantees, as appropriate, to offer programs and activities that
are specially designed to address the unique challenges these
students face as they work to achieve a college degree.
Further, this provision seeks to increase the number of
minority men in higher education as well as other populations
who are unrepresented in higher education. The under
representation of minority males, especially African American
and Latino males, is a matter of public record that is
reinforced by high drop-out rates in urban and rural school
districts and by lower participation/enrollment rates of these
groups in colleges and universities. By encouraging programs to
recruit students from these underrepresented populations, this
provision helps provide needed supports to these youth so that
the higher education student body better reflects national
demographics.
The Senate amendment replaces the current Upward Bound
subsection (b) Permissible Services with a new subsection (b)
Required Services that includes many of the current permissible
services. The Senate amendment renames the current subsection
(c) Required Services calling it (c) ``Additional Required
Services for Multiple-Year Grant Recipients.'' The Senate
amendment creates a new subsection (d) Permissible Services
that includes services permissible under current law and not
listed in the new subsection (b) above.
The House bill amends Upward Bound permissible services
to add veterans' mathematics and science preparation.
The House recedes with an amendment to add special
services for veterans, including mathematics and science
preparation.
The Senate amendment adds language authorizing Upward
Bound to give support for students who are limited English
proficient, homeless, and who are in (or are aging out of)
foster care.
The House bill authorizes Upward Bound to give support to
students who are limited English proficient, groups or persons
from disadvantaged backgrounds that have particular lower
education access or outcomes, or disconnected students.
The House recedes with an amendment to add students from
groups that are traditionally underrepresented in postsecondary
education, students with disabilities, and other disconnected
students.
The Senate amendment gives priority to projects that
select not less than thirty percent of their participants from
students who have a high risk of academic failure.
The House bill contains no similar provision.
The Senate recedes with an amendment to allow Upward
Bound to select academically at-risk students from the
population of students that are not both low-income and
prospective first generation students.
The Senate amendment prohibits the Secretary from denying
a student participation in a project because the student will
enter the project after the ninth grade.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends the stipend provision to
allow flexibility in defining the period for summer recess.
The House bill contains no similar provision.
The House recedes.
The House bill prohibits the Secretary from proceeding
with the implementation or enforcement of the Absolute Priority
published in the Federal Register on September 22, 2006 (71
Fed. Reg. 55447 et seq.).
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment provides a separate authorization of
$57,000,000 for certain Upward Bound projects for fiscal year
2007.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment adds the program authorization for
Student Support Services to give support for students who are
limited English proficient, homeless, and who are in (or are
aging out of) foster care.
The House bill authorizes Student Support Services to
give support to students who are limited English proficient,
groups or persons from disadvantaged backgrounds that have
particular lower education access or outcomes, or disconnected
students.
The House recedes with an amendment to add students from
groups that are traditionally underrepresented in postsecondary
education, students with disabilities, and other disconnected
students.
The Senate amendment replaces the current subsection (b)
Permissible Services with a new subsection (b) Required
Services that includes many of the current permissible
services. The Senate amendment creates a new subsection (c)
Permissible Services that includes services permissible under
current law and not listed in the new subsection (b) above. The
Senate amendment also adds a new required service for Student
Support Services programs to improve financial and economic
literacy.
The House bill contains no similar provisions.
The House recedes with an amendment to clarify that
academic tutoring may be provided directly or indirectly
through services provided by the institutions.
The Senate amendment adds housing services for students
who are (or were) homeless and students who are in (or are
aging out of) foster care.
The House bill contains no similar provision.
The House recedes.
The Senate amendment designates certain services as
required and others as permissible under the Postbaccalaureate
Achievement program authority and adds financial literacy
services as a permissible service.
The House bill contains no similar provision.
The House recedes.
The Senate amendment makes other conforming amendments to
the Postbaccalaureate Achievement program.
The House bill contains no similar provision.
The House recedes.
The Senate amendment adds the program authorization for
Educational Opportunity Centers to give support for students
who are limited English proficient, homeless, and who are in
(or are aging out of) foster care.
The House bill authorizes Educational Opportunity Centers
to give support to students who are limited English proficient,
groups or persons from disadvantaged backgrounds that have
particular lower education access or outcomes, or disconnected
students.
The House recedes with an amendment to add students from
groups that are traditionally underrepresented in postsecondary
education, students with disabilities, and other disconnected
students.
The Senate amendment adds financial and economic literacy
to the authorized activities for Educational Opportunity
Centers.
The House bill contains no similar provision.
The House recedes.
The Senate amendment changes the current allowable
service of personal counseling to ``individualized personal,
career, and academic counseling.''
The House bill contains no similar provision.
The House recedes.
The Senate amendment adds to Staff Development strategies
for recruiting and serving students who are homeless and
students who are in (or are aging out of) foster care.
The House bill amends ``Staff Development'' activities,
adding strategies to reach limited English proficient students,
those from ``disadvantaged backgrounds that have particular
lower educational access or outcomes, disconnected students,
and students with disabilities.''
The House recedes with an amendment to add students from
groups that are traditionally underrepresented in postsecondary
education, students with disabilities, and other disconnected
students.
The Senate amendment and the House bill require the same
new report from the Secretary to the authorizing committees and
include practices regarding evaluations and the dissemination
of evaluation findings.
The Senate and House recede with an amendment to require
the new report, as well as an evaluation of the Upward Bound
program to be implemented by June 30, 2010.
The Conferees intend for the evaluation of the Upward
Bound Program to produce reliable data on the extent to which
the program is effective in accomplishing its core purpose of
generating the skills and motivation necessary for students to
succeed in postsecondary education. To that end, the evaluation
should be thorough, well-designed, and, to the degree feasible,
free of factors that could affect the reliability of the
evaluation. As such, the Conferees expect that the evaluation
will not include data from the cohort of students selected for
Upward Bound while the absolute priority for the program
published by the Department of Education in the Federal
Register on September 22, 2006, was in effect. The Conferees
also expect the evaluation to be designed, consistent with the
other requirements regarding evaluations in section 402H, in a
manner that controls for other variables that affect students'
likelihood of successfully transitioning into postsecondary
education, so that the specific impact of Upward Bound, as
distinct from other factors, may be evaluated.
In addition, the evaluation should also include an
assessment of whether students with specific characteristics
are more successful in transitioning to postsecondary education
as a result of Upward Bound. For example, consideration could
be given to variables such as racial/ethnic group, parents'
education level, and level of the students' educational
expectation and whether they interact in a way to promote
greater success in the program. Finally, the evaluation should
build upon past research findings, such as research on programs
with similar objectives as Upward Bound, to determine which
programs have produced better results than others, and to
identify the common program characteristics that are associated
with successful transition to postsecondary education. The
Conferees expect the authorizing committees to be able to use
the results of the evaluation authorized in this section, as
well as past research findings, to inform potential changes to
Upward Bound in future reauthorizations.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill prohibit the
Secretary from requiring a grantee to recruit students to serve
as a control group for purposes of evaluating any program or
project assisted under this chapter.
The Conferees agree to adopt the provision with technical
changes.
The House bill requires the Secretary, when designing an
evaluation, to consider the burden that may be placed upon
participants and institutional review board.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to specify that the
Secretary shall continue to consider whether an evaluation
meets generally accepted standards of institutional review
boards.
Section 404. Gaining early awareness and readiness for undergraduate
programs
The Senate amendment removes the requirement that
eligible entities ``provide or maintain a guarantee to eligible
low-income students who obtain a secondary school diploma (or
its recognized equivalent), of the financial assistance
necessary to permit the students to attend an institution of
higher education.''
The House bill contains no similar provision.
The House recedes with an amendment to clarify that
eligible entities shall provide support and maintain a
commitment to assisting participants in obtaining a secondary
school degree and succeeding in postsecondary education.
The House bill includes students with disabilities to the
description of those to receive services.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill establishes the duration of grants to be
seven years.
The Senate amendment allows funds from a previous grant
to be carried over to the following year.
The Senate recedes with an amendment that provides for a
grant period of six years or, in the case of an entity that
plans to provide services to students through their first year
of postsecondary education, for seven years.
The House bill updates the prior commitment provision in
current law by giving priority to entities that have carried
out successful programs prior to enactment of this Act. The
House bill retains the requirement in current law that the
Secretary will ensure that students served under the program
will continue to receive assistance through completion of
secondary school.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment amends the definition of a
partnership by removing the reference to elementary and
secondary schools and replacing it with one or more local
educational agencies.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends the funding rules in current
law to: remove references to continuation grants for the
program which preceded GEAR UP; remove the requirement that
thirty-three percent of funds go to the State grant program and
thirty-three percent go to the Partnerships program; require
the Secretary to consider the geographic and rural/urban
distribution of grants; remove the requirement that twenty-five
to fifty percent of grant funds be used for early intervention;
and add a new supplement, not supplant provision.
The House bill contains no similar provisions.
The House recedes with an amendment to require the
Secretary, in distributing grant funds, to make available no
less than thirty-three percent of grant funds to States and no
less than thirty-three percent of grant funds to partnerships
and to distribute the remaining grant funds between states and
partnerships. In awarding grants the Secretary shall take into
consideration the number, quality, and promise of the
applications; and to the extent practicable, the geographic
distribution of such awards; and the distribution of such
awards between urban and rural applicants.
The Senate amendment changes ``plans'' to
``applications'' and removes the requirement that an
application for a partnership grant ``provide for the conduct
of a scholarship component.'' The Senate amendment expands the
contents of the application to include descriptions of how the
entity will meet the requirements of program activities, define
cohorts of students to be served, and coordinate with existing
programs.
The House bill contains no similar provisions.
The House recedes.
In providing assurances that adequate administrative and
support staff will be responsible for coordinating the
activities of the GEAR UP grant, the Conferees acknowledge the
importance of grantees identifying an individual whose primary
responsibility is to serve as the coordinator for the GEAR UP
grant as well as the other administrative and support staff who
will be involved in carrying out the activities described in
the grant application.
The House bill permits grantees to provide matching funds
over the duration of the grant award period.
The Senate amendment has no similar provision.
The Senate recedes with an amendment to clarify that the
grantee must make substantial progress towards meeting the
match in each year of the grant award period.
The House bill authorizes grantees and applicants to
request a reduction of the matching percentage requirement if
they can demonstrate a change in circumstances.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to specify that an
entity may request a reduced match at the time of application
due to significant economic hardship and a grantee may request
a reduced match if matching funding no longer is available and
it has exhausted its reserves.
The House bill encourages eligible entities to provide
student aid to participants by treating every non-federal
dollar as two dollars for the purpose of satisfying the
matching requirement.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to permit
partnerships that provide scholarships to request a reduced
match at the time of their application. Such application must
include a description of how a reduced match will assist the
entity to provide scholarships.
The Senate amendment and the House bill amend the
matching requirement to include funds ``obligated,'' instead of
``paid,'' to students from State, local, institutional, or
private funds as well as ``equipment and supplies, cash
contributions from non-Federal sources, transportation
expenses, in-kind or discounted program services, indirect
costs, and facility usage.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment amends the early intervention
activities provided under current law to distinguish between
Required Activities and Optional Activities. Both States and
partnerships are required to provide financial aid information,
encourage enrollment in rigorous coursework, and support
activities designed to improve the number of participating
students who complete secondary school, and enroll in a program
of postsecondary education. State grantees are further required
to provide scholarships. The Senate amendment requires both
State and Partnership grantees to engage in at least one of
several optional activities including mentorship, outreach,
support services, curricular development, support for dual
enrollment, and, in the case of a partnership, support for
scholarships.
The House bill contains no similar provision.
The House recedes with an amendment to clarify that, as
part of an entity's required activities, in order to receive a
GEAR UP grant, the entity shall demonstrate to the Secretary
that the entity will provide comprehensive mentoring, outreach
and supportive services to participating students.
The House bill adds financial and economic literacy
education to the list of permissible activities. The House bill
adds special programs or tutoring in science, technology,
engineering or mathematics to the list of permissible student
support activities.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment and the House bill provide for
optional activities including fostering parental involvement,
disseminating information, and additional activities for
States. The Senate amendment and the House bill allow grantees
to continue to provide services to students through completion
of secondary school and into the first year of college.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an amendment to change optional
activities to permissible activities.
The Senate amendment and the House bill amend the current
priority for services to students for entities that do not use
a cohort approach. The Senate amendment and the House bill
retain students eligible to be counted under Section 1124(c) of
the Elementary and Secondary Education Act of 1965, and
eligible for free or reduced price lunch under the Richard B.
Russell National School Lunch Act. The Senate amendment adds to
the list, students eligible under Part E, in addition to Part A
of Title IV of the Social Security Act, and students eligible
for assistance under subtitle B of Title VII of the McKinney-
Vento Homeless Assistance Act. The House bill adds disconnected
students, students in foster care, or homeless or unaccompanied
youth as defined in Section 725 of the McKinney-Vento Homeless
Assistance Act.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an amendment to delete the
reference to free or reduced price lunch and to give priority
to students who are otherwise considered disconnected students.
The Conferees recognize that students who are limited
English proficient, students from groups that are traditionally
underrepresented in higher education, students with
disabilities, homeless students, youth aging out of foster
care, or other disconnected students, such as pregnant or
parenting teens or youth who have been involved in the juvenile
justice system, have additional challenges to access
postsecondary educational opportunities and to persist until
program completion. Therefore, the Conferees encourage GEAR UP
grantees, as appropriate, to offer programs and activities that
are specially designed to address the unique challenges these
students face as they work to achieve a college degree.
The House bill allows entities in partnerships to
collaborate in providing matching resources and participate in
other activities.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the
application to include the sources of matching funds. In the
event that the matching funds the entity described in its
application are no longer available, the entity may engage
other members of the partnership in a collaborative manner to
provide matching resources.
The Senate amendment specifies additional optional
activities for States.
The House bill contains no similar provision.
The House recedes with an amendment to change ``optional
activities'' to ``permissible activities'' and to add providing
administrative support to help build the capacity of
partnerships to compete for and manage grants as a permissible
activity for States.
The Senate amendment identifies providers who may deliver
services under the State grant program.
The House bill contains no similar provision.
The House recedes.
The Senate amendment requires State grantees to reserve
fifty to seventy-five percent of funds received for
scholarships. The Senate amendment allows State grantees to use
less than fifty percent for scholarships if other funds for
scholarships can be demonstrated. The Senate amendment requires
State grantees to notify students of their eligibility for
scholarships.
The House bill contains no similar provisions.
The House recedes.
The Senate amendment requires State grantees to establish
a scholarship trust fund containing amounts sufficient to cover
the scholarship for each student in each cohort. The Senate
amendment requires that scholarships be available for students
upon completion of secondary school and enrollment in college.
The Senate amendment requires that unused funds be returned to
a grantee's trust fund for redistribution to other eligible
students; funds unused after redistribution must be returned to
the Secretary.
The House bill contains no similar provisions.
The House recedes with an amendment to require States to
hold in reserve an amount that is not less than the scholarship
amount multiplied by the number of students estimated to be
eligible for a scholarship upon enrollment in an institution of
higher education.
The Senate amendment repeals the current provision for
21st Century Scholar Certificates.
The House bill maintains current law.
The Senate recedes with an amendment to have a
partnership or State provide the certificates.
The Senate amendment amends the GEAR UP authorization to
be for such sums as necessary for 2008 and for the five
succeeding fiscal years.
The House bill authorizes GEAR UP for $400,000,000 for
fiscal year 2009 and such sums as necessary for the four
succeeding fiscal years.
The Senate recedes with an amendment to authorize
$400,000,000 for fiscal year 2009 and such sums as necessary
for each of the five succeeding fiscal years.
Section 405. Academic Achievement Incentive Scholarships
The Senate amendment and the House bill repeal Academic
Achievement Incentive Scholarships.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 406. Federal Supplemental Educational Opportunity Grants
The Senate amendment authorizes the appropriation of such
sums as may be necessary for the FSEOG program at such sums as
may be necessary for fiscal year 2008 and each of the five
succeeding fiscal years (through fiscal year 2013).
The House bill authorizes the appropriation of
$875,000,000 for the FSEOG program for fiscal year 2009, and
such sums as may be necessary for the four succeeding fiscal
years (through fiscal year 2013).
The House recedes with an amendment to authorize such
sums as may be necessary for fiscal year 2009 and the five
succeeding fiscal years.
The Senate amendment and the House bill increase the
allowance for books and supplies used in calculating each
institution of higher education's average cost of attendance
for purposes of allocating funds to institutions of higher
education according to ``fair share'' allocation procedures
from $450 to $600.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment strikes the provision at section
413D(a)(4), authorizing the Secretary to allocate up to ten
percent of the amount appropriated for programs authorized
under Title IV, Part A (when the appropriation exceeds
$700,000,000), among institutions of higher education from
which fifty percent or more Pell Grant recipients either
graduate or transfer to four-year institutions of higher
education. The Senate amendment makes a technical correction at
section 413D(a)(1), pertaining to language for institutional
base guarantee funding.
The House bill contains no similar provisions.
The Senate recedes.
Section 407. Leveraging Educational Assistance Partnership program
The Senate amends the program authorization without
specifying authorization levels, but with a trigger amount
($30,000,000) over which Leveraging Educational Assistance
Partnership (LEAP) funding would go to Grants for Access and
Persistence (GAP) (formerly Special Leveraging Educational
Assistance Partnership (SLEAP)).
The House retains an authorization level for the first
year ($200,000,000) and a trigger amount for GAP ($30,000,000).
The Senate amendment authorizes the program for fiscal
year 2008-2013; the House bill for fiscal year 2009-fiscal year
2013.
The Senate recedes with an amendment to authorize
$200,000,000 for fiscal year 2009 and such sums as necessary
for five succeeding years, with a reservation that for any
fiscal year for which the amount appropriated exceeds
$30,000,000, the excess amount shall be available to carry out
Section 415E.
The Senate amendment and the House bill raise the maximum
LEAP grant to $12,500 from $5,000. The Senate caps the amount
at the cost of attendance.
The House recedes.
The Senate amendment removes the requirement that non-
federal matching funds for LEAP grants and work-study come only
from direct state appropriations.
The House bill contains no similar provision.
The Senate recedes with an amendment to clarify that
state funds do not need to be provided by ``a direct
appropriation.''
The Senate amendment and the House bill add a requirement
that states notify students that the grants are a part of LEAP
and are funded by the federal government and the states. The
Senate amendment allows other contributing partners to be
listed in the notification as well.
The Senate recedes with an amendment to add the
notification, where applicable, to other contributing partners.
The Senate amendment and the House bill repeal the
previous Special LEAP program and replace it with new ``Section
415E. Grants for Access and Persistence'' and set purposes for
the program.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to clarify that
community-based organizations can be partners in the program.
The Senate amendment and the House bill require States to
apply for GAP funds in partnerships with institutions of higher
education and other organizations and determine the federal
share based upon the share of students the partner institutions
of higher education enroll. The Senate amendment sets the
federal share at fifty percent if partner institutions of
higher education enroll less than half of FTEs in the state and
the House sets it at fifty-seven percent.
The Senate amendment sets the federal share at fifty-
seven percent and the House bill sets it at 66.66 percent if
partner institutions of higher education enroll more than half
of full-time equivalent students in the state.
The Senate recedes.
The Senate amendment and the House bill include similar
provisions regarding the non-federal share, except that the
Senate amendment refers to the ``required share'' whereas the
House bill specifies the minimum share from non-federal
sources.
The Senate recedes.
The Senate amendment and the House bill have similar
provisions for the submission of an application; however, the
Senate amendment includes language for a State that desires to
receive an allotment under this section on behalf of the
partnership.
The House recedes.
The Senate amendment and the House bill contain similar
language regarding the content of the application. The Senate
amendment also includes language to clarify that the funds are
to supplement not supplant.
The Senate recedes with an amendment to include
supplement not supplant language.
The Senate amendment and the House bill contain similar
provisions regarding the description of the organizational
structure that the State has in place, except that the Senate
amendment would require the State to track participation of
students who receive grants.
The House recedes with an amendment to clarify that
states shall compile information on degree completion of
students receiving grants under this program.
The House bill requires a description of the steps the
State will take to ensure students who receive grants persist
to degree completion.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill provides for
assurances that the State has a method in place to identify
eligible low-income students and that the State will provide
notification to eligible low-income students, except that the
House bill limits it to LEAP Grants funded by the Federal
Government and the State.
The Senate recedes with an amendment to add in the
notification ``where applicable, other contributing partners.''
The Senate amendment and the House bill provide for
partnerships between State agencies and institutions of higher
education that require the partnership to consist of not less
than one public and one private institution of higher education
in the State, except that the Senate amendment includes an ``if
applicable'' clause.
The House recedes.
The Senate amendment and the House bill include
provisions regarding the roles of partners. The Senate requires
the coordination of nonfederal share of funds.
The House contains no similar provision.
The House recedes.
The House bill specifies that institutional partners be
degree-granting institutions of higher education as defined
under Section 102.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill set grant amounts
based on the number of students served by GAP partner
institutions of higher education. The Senate amendment and the
House bill set grant amounts at: not less than the average
tuition and fees for students in states with smaller
partnerships that are using funds to create a new grant
program; up the average cost of attendance for students in
states with smaller partnerships that have an existing grant
program and are using these funds to expand such program; and,
equal to the average cost of attendance for students in states
with larger partnerships.
The Senate recedes with an amendment to specify whether a
student is in a four-year or two-year institution when
establishing a grant amount.
The Senate amendment and the House bill contain
provisions regarding partnerships with institutions of higher
education serving the majority of students in the state, except
that the Senate amendment allows states to determine whether or
not students in their State can use GAP grants to attend
schools in that State that are not partners in the partnership.
The House recedes.
The Senate amendment and the House bill contain an early
notification provision which require states to notify low-
income students in grades seven through twelve of their
potential eligibility for financial aid, except that the Senate
amendment explicitly defines such low-income students as those
eligible under the Richard B. Russell National School Lunch
Act.
The Senate recedes with an amendment to delete the
reference to free and reduced price lunch.
The Senate amendment and the House bill contain similar
provisions regarding the required content of notice. The Senate
amendment and the House bill contain provisions regarding
disclaimer notices to students.
The House recedes with an amendment to include in the
disclaimer that grants may be based on state spending for
higher education rather than appropriations.
The Senate amendment and the House bill contain
provisions regarding student eligibility. Students are eligible
for grants if they meet not less than two of the following
criteria, with priority given to students meeting all of the
following criteria: have an expected family contribution equal
to zero or a comparable alternative based upon the State's
approved criteria, has qualified for a free or reduced price
lunch, is eligible for the State's maximum undergraduate award,
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, and is
receiving, or has received, an access and persistence grant
under this section.
Both the Senate and the House recede with an amendment to
strike the requirement that students must have had to qualify
for a free or reduced price lunch.
The Senate amendment and the House bill contain a
tentative grant award notification provision.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to clarify that awards
are estimated rather than tentative.
The Senate amendment and the House bill specify that the
State may set reasonable time limits for degree completion for
the duration of the awards while the Senate amendment allows
states to set the same limits for degree completion. The House
bill specifies baccalaureate degree.
The House recedes.
The Senate amendment prohibits use of federal GAP funds
for administrative costs. The House bill allows States to use
up to 3.5 percent for administrative costs.
The Senate recedes with an amendment to allow two percent
for administrative funds allowance.
The House bill adds GAP evaluation provisions to be
carried out by the Advisory Committee on Student Financial
Assistance.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 408. Special programs for students whose families are engaged
in migrant and seasonal farmwork
The Senate amendment and the House bill change the
criteria for recruitment under the High School Equivalency
Program (HEP). The Senate amendment and the House bill specify
that placement services designed to place students in
postsecondary education may include preparation for college
entrance examinations. The Senate amendment and the House bill
authorize stipends to be provided to HEP participants with no
requirements on the frequency of distribution. The Senate
amendment and the House bill specify that other essential
services may include transportation and child care.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill authorize the HEP
to provide other activities to improve persistence and
retention in higher education. The Senate amendment and the
House bill modify the criteria for outreach and recruitment
services under the College Assistance Migrant Program (CAMP) to
include individuals whose immediate family has spent a minimum
of seventy-five days during the past twenty-four months in
migrant or seasonal farmwork. The Senate amendment and the
House bill specify that supportive and instructional services
provided under CAMP are intended to improve placement,
persistence, and retention in postsecondary education. The
Senate amendment and the House bill expand authorized services.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill expand the
required follow-up services that grantees must provide to
migrant students after they have completed their first year of
college.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill change the
minimum grant amount for each HEP and CAMP project from
$150,000 to $180,000.
The Conferees agree to adopt the provision proposed by
both the Senate and the House.
The Senate amendment and the House bill add a new
subsection designating the reservation of funds. The House bill
also includes the allocation of funds in this new subsection.
The Senate amendment and the House bill allow the Secretary to
reserve not more than one-half of one percent of funds
available for the HEP and CAMP programs for outreach
activities, technical assistance, and professional development.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill requires that the Secretary make available
at least forty-five percent of the remaining funds for HEP
grants and at least forty-five percent of the remaining funds
for CAMP grants. The House bill requires that any funds
remaining after the aforementioned reservation and allocations
must be used to make HEP or CAMP grants based on the number,
quality, and promise of the applications. The House bill
requires the Secretary to consider the need to provide an
equitable geographic distribution of grants.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment authorizes such sums as may be
necessary for fiscal year 2008 and each of the succeeding five
years for HEP and CAMP.
The House bill specifically authorizes $75,000,000 for
HEP and CAMP for fiscal year 2009 and such sums as may be
necessary for each of the succeeding four fiscal years.
The Senate recedes with an amendment to authorize
$75,000,000 for HEP and CAMP for fiscal year 2009 and such sums
are may be necessary for each of the five succeeding fiscal
years.
Section 409. Robert C. Byrd Honors Scholarship Program
The Senate amendment reauthorizes the Robert C. Byrd
Honors Scholarship Program for such sums as may be necessary
for fiscal year 2008-fiscal year 2013. Eligibility for
scholarships is extended to home school students.
The House bill authorizes appropriations for the Byrd
Scholarships, Math and Science Incentive program, Foreign
Language Partnerships, and Adjunct Teacher Corps together as
part of an amended Subpart 6.
The House recedes with an amendment to add Adjunct
Teacher Corps to Title II, Part C, incorporate the Foreign
Language Partnerships into the Science and Technology Advanced
Foreign Language Education Grant Program in Title VI, and to
incorporate the Mathematics and Science Incentive program into
the Math and Science Scholars program in Title VIII.
Section 410. Child Care Access means parents in school
The Senate amendment and the House bill increase grants
under the Child Care Access program from $10,000 to $30,000.
The Senate amendment allows for such an increase only if
appropriations for the program equal or exceed $20,000,000 for
the fiscal year.
The House recedes.
The Senate amendment redefines low-income student for the
purpose of determining program eligibility by aligning the Pell
Grant qualification with award years as opposed to fiscal years
(as in current law), expanding eligibility to graduate
students, and expanding eligibility to individuals in the U.S.
on a non-immigrant visa.
The House bill extends eligibility for students whose
family income would qualify for a Pell grant.
The House recedes.
The House bill lowers the threshold for institutional
eligibility by lowering the total amount of Pell Grants awarded
at the institution of higher education to qualify, from
$350,000 to $250,000.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to allow for such an
increase only if appropriations for the program equal or exceed
$20,000,000 for the fiscal year.
The House bill requires the Secretary to publicize the
availability of the program in the Federal Register, and in
other publications, and directly to related organizations. The
House bill changes the timing of reporting requirements to
annual reporting instead of reporting every year and a half.
The House bill modifies language tying continued funding of the
four-year grant awards to annual reporting, replacing the
current-law mid-cycle check before the third year.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Senate amendment and the House bill authorize
appropriations of such sums as may be necessary (instead of the
current-law fixed amount)--the Senate for fiscal year 2008-
fiscal year 2013, the House for fiscal year 2009-fiscal year
2013.
The Senate recedes with an amendment to authorize such
sums are may be necessary for fiscal year 2009 and the five
succeeding fiscal years.
Section 411. Learning Anytime Anywhere Partnerships
The Senate amendment and the House bill repeal the
Learning Anytime Anywhere Partnerships program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 412. TEACH Grants
The House bill makes technical corrections to the TEACH
Grants program, including: amending institutional financial
eligibility requirement from ``sound'' to ``responsible'', and
clarifies that grants are per year, rather than academic year.
The Senate amendment contains no similar provisions.
The House recedes.
The House bill adds a stipulation that applications for
grants include information about the service agreement and
consequence for failure to meet the agreement.
The Senate amendment contains no similar provisions.
The Senate recedes.
The House bill clarifies that grant recipients in fields
which are subsequently designated as no longer high-need may
fulfill their service agreements in their original field;
adding a requirement that the Secretary establish regulations
allowing for waiver of the service requirement in extenuating
circumstances; and adding a requirement that the Secretary
undertake a program evaluation.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires the Secretary to evaluate the
effectiveness of TEACH grants with respect to the schools and
students served by recipients of the grants.
The Senate has no similar provision.
The Senate recedes with an amendment to change the
provision to provide that the Secretary shall issue a report,
within two years after the date of enactment, and every two
years thereafter, that takes into consideration information
related to: the number of TEACH grant recipients; the degrees
obtained by such recipients; the location including the school,
local educational agency, and State, where the recipients
completed service; the duration of such service, and any other
data necessary to conduct such report.
Part B--Federal Family Education Loan Program
Section 421. Limitations on amounts of loans covered by federal
insurance
The House bill extends authorization of interest
subsidies under Federally Insured Student Loan Program (FISL)
by one fiscal year.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike ``2013''
and ``2017'' and insert ``2014'' and ``2018,'' respectively.
Section 422. Federal payments to reduce student interest costs
The House bill extends authorization of interest
subsidies under Federal Family Education Loan Program (FFEL) by
one fiscal year.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to exclude veteran's
education benefits from being counted in determining
eligibility for loans and to strike ``2013'' and ``2017'' and
insert ``2014'' and ``2018,'' respectively.
The Senate amendment expands the conditions by which
lenders shall determine the eligibility of a borrower for an
in-school deferment to include the lender's confirmation of the
borrower's half-time enrollment status through use of National
Student Loan Data System (NSLDS), if the confirmation is
requested by the institution of higher education.
The House bill contains no similar provision.
The House recedes.
The Senate amendment (as part of the requirements of
insurance program agreements to qualify loans for interest
subsidies), requires lenders to provide information to
borrowers who receive deferments on unsubsidized Stafford
Loans, at the time deferment is granted, that will enable the
borrower to understand the impact that the capitalization of
interest will have on the loan and on the total amount of
interest to be paid during the life of the loan.
The House bill contains no similar provision.
The House recedes with an amendment to re-designate this
provision that would have created a new paragraph (Z) to become
a new subclause (iii) under 428(b)(Y).
The Senate amendment, adds the following requirements
applicable to transferors and transferees of loans. In addition
to existing requirements, transferors and transferees must
notify borrowers of: the effective date of the transfer; the
date the current servicer will stop accepting payments; and,
the date at which the new servicer will begin accepting
payments.
The House bill contains no similar provision.
The House recedes.
The Senate amendment expands restrictions on guaranty
agencies with respect to inducements, payments, mailings, and
advertising, and adds new provisions regarding the items
guaranty agencies may not offer to an institution of higher
education or its employees or to a lender or its employees.
The House bill contains no similar provision.
The House recedes with an amendment to include additional
restrictions, but also to provide an exemption to permit
guaranty agencies to perform services related to exit
counseling at institutions.
The Senate amendment revises the contents of guaranty
agreements with respect to the granting of forbearance by
lenders.
The House bill contains no similar provision.
The House recedes.
The Conferees clarify that borrower interest rates in
this Act are not intended to override Section 207 of the
Servicemembers Civil Relief Act, which caps interest rates on
all types of debt at six percent for active duty
servicemembers. However, the Conferees do not intend for this
provision to permit members of the Armed Forces to request a
refund from their lender for time spent on active duty prior to
the enactment of this Act. The Conferees also clarify that the
applicable interest rate used when calculating special
allowance on new loans disbursed after July 1, 2008 is the rate
actually paid by the borrower, not the statutorily set interest
rate.
Section 423. Voluntary flexible agreements
The House bill requires the Secretary, in consultation
with guaranty agencies participating in voluntary flexible
agreements, to annually report to the authorizing committees on
program outcomes that voluntary flexible agreements have had
with respect to: program integrity, program and cost
efficiencies, delinquency prevention, default version; consumer
education programs, and the availability and delivery of
student financial aid.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include a
comparison of guaranty agencies not operating under Voluntary
Flexible Agreements.
Section 424. Federal PLUS Loans
The House bill specifies that repayment of a PLUS Loan to
a parent borrower commences not later than sixty days after
disbursement and that repayment of a PLUS Loan to a graduate or
professional student commences six months and one day after the
borrower ceases to carry at least one-half of a full-time
academic workload.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that a
PLUS borrower may qualify for the special rule regarding
extenuating circumstances recently established by the Ensuring
Continues Access to Student Loans Act if a lender would not
otherwise have found such borrower to have an adverse credit
history consistent with the relevant regulations in effect the
day before the enactment of such Act.
The amendment also changes that the grace period for PLUS
loans established in the Ensuring Continued Access to Students
Loans Act to a deferment. The Conferees also agree that a
parent PLUS borrower who is a student shall be eligible for
such deferment while such parent is in school.
Section 425. Federal consolidation loans
The Senate amendment and the House bill add disclosure
requirements with respect to including a Perkins Loan in a
Consolidation Loan. The Senate amendment also requires lenders,
upon application for a consolidation loan, to provide borrowers
with other related information on the possible impact of loan
consolidation.
Both the Senate and the House recede with an amendment to
require the lender to disclose the information required in both
bills to prospective borrowers, in a clear and conspicuous
manner, at the time it provides an application for a
consolidation loan but to strike the requirement that the list
of occupations be detailed.
The House bill extends authority for Consolidation Loans
for one additional fiscal year.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike ``2013''
and insert ``2014.''
Section 426. Default reduction program
The Senate amendment amends requirements with respect to
rehabilitated defaulted loans. On the sale of a rehabilitated
defaulted loan, the lender and guaranty agency, and any prior
holder, shall request any consumer reporting agency to which
the default of the loan has been reported, to remove the record
of default from the borrower's credit history. The Senate
amendment limits the ability of a borrower to rehabilitating a
defaulted loan to one time per loan.
The House bill contains no similar provisions.
The House recedes.
Section 427. Requirements for disbursement of student loans
The House bill amends the special rule that allows for
the single disbursement of a student loan at institutions of
higher education with cohort default rates of ten percent or
less for the three most recent fiscal years, by substituting
fifteen percent for ten percent beginning October 1, 2011. The
House bill expands the exemption for low cohort default rate
institutions concerning early disbursement of student loans.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 428. Unsubsidized Stafford loan limits
The Conferees clarify that students enrolled in
coursework necessary for enrollment in a graduate or
professional program, or students enrolled in a program that is
necessary to attain a professional credential or certification
to become a teacher, continue to be eligible for the loan
limits for which they were eligible prior to the enactment of
the Ensuring Continued Access to Student Loans Act and that
undergraduate students pursuing coursework necessary for
enrollment in an undergraduate degree or certificate program
are eligible for the increased loan limit of $6,000.
Section 429. Loan forgiveness for teachers employed by educational
service agencies
The Conferees clarify that teachers employed by an
educational service agency are eligible for teacher loan
forgiveness program in Section 428J of the Higher Education
Act.
Section 430. Loan forgiveness for service in areas of national need
The House bill establishes a new Loan Forgiveness for
Service in Areas of National Need program under 428K. The House
bill provides that a borrower employed full-time in any of the
following specified occupations/professions is treated as
employed in an area of national need: early childhood
educators; nurses; foreign language specialists; librarians;
highly qualified teachers; child welfare workers; speech-
language pathologists; audiologists; national service; school
counselors; public sector employees; nutrition professionals;
medical specialists; physical therapists; and superintendents,
principals, and other (school) administrators.
The Senate amendment contains no similar provisions.
The Senate recedes with amendment to clarify the
eligibility requirements for medical specialists and to add
occupational therapists and dentists and to specify that
borrowers may not receive loan forgiveness for the same service
under both this provision and other loan forgiveness provisions
in the Higher Education Act. The Conferees clarify that
teachers and other employees of educational service agencies
who are employed in areas of national need as defined by this
section are eligible for loan forgiveness on the same terms as
others so employed.
Section 431. Loan repayment for civil legal assistance attorneys
The Senate amendment and the House bill create a new
section in 428L to establish a Loan Repayment for Civil Legal
Assistance Attorneys program to encourage qualified individuals
to enter and continue employment as civil legal assistance
attorneys.
The Conferees adopt the provision as proposed by both the
Senate and the House, with an amendment to exclude Parent PLUS
Loans from eligibility for this program and to list all of the
statutory sources of funding for protection and advocacy
organizations with which an eligible borrower may be employed.
The Senate amendment authorizes the appropriation of
$10,000,000 for fiscal year 2008 and such sums as necessary for
succeeding fiscal years.
The House bill authorizes the appropriation of
$10,000,000 for fiscal year 2009, and such sums as necessary
for the four succeeding fiscal years.
The Senate recedes with an amendment to strike four and
insert five.
Section 432. Reports to consumer reporting agencies and institutions of
higher education
The Senate amendment adds requirements regarding the
reporting of information to consumer reporting agencies by
requiring that information be provided to each of the consumer
reporting agencies that compiles and maintains files on
consumers on a nationwide basis. Two references to ``credit
bureaus'' are changed to ``consumer reporting agencies.''
The House bill contains no similar provision.
The House recedes with an amendment to update all
references from ``credit bureaus'' to ``consumer reporting
agencies'' throughout Part B, and to require that a student
loan be reported as an ``education loan'' instead of requiring
that the `` type of loan made, insured or guaranteed under
Title IV'' be reported.
Section 433. Legal powers and responsibilities
The House bill prohibits the Secretary from entering into
any settlement of a 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.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to prohibit the
Secretary from entering into any settlement of a claim under
this Act that exceeds $1,000,000 unless the Secretary requests
a review of such proposed settlement by the Attorney General
and the Attorney General responds to such request, which may
include, at the Attorney General's discretion, a written
opinion related to such proposed settlement.
The Senate amendment adds additional provisions
applicable to the use of a master promissory for loans made
under Part B and Part D.
The House bill contains no similar provision.
The House recedes.
Section 434. Student loan information by eligible lenders
The Senate amendment adds a new subsection to specify
that entities participating under Part B and that are subject
to the terms of Title V-A of the Gramm-Leach-Bliley Act may
only use and disclose personal information consistent with the
provisions of Title V-A of the Gramm-Leach-Bliley Act.
The House bill contains no similar provision.
The Senate recedes.
The House bill adds a new paragraph regarding information
on defaults. If requested by an institution of higher education
or a third party servicer working on behalf of an institution
of higher education to prevent defaults of borrowers from the
institution of higher education, a lender, secondary market,
holder, or guaranty agency shall provide free of charge and in
a timely manner, information on such borrowers. Institutions of
higher education and third party servicers are required to
safeguard any information received for purposes of preventing
defaults, as required under any applicable law, and at least to
the same extent as required under Sections 501 and 505(b) of
the Gramm-Leach-Bliley Act; Third party servicers that receive
information on borrowers through default prevention activities
are subject to limitations on the use, sale, and sharing of
information; Requirements of entities to share information for
purposes of default prevention shall be considered an
applicable legal requirement for purposes of Section 502(e)(8)
of the Gramm-Leach-Bliley Act; and subcontractors are subject
to the same restrictions as applicable to third party
servicers.
The Senate amendment contains no similar provisions.
The House recedes.
The Senate amendment adds a new subsection (g) to Section
433, ``Student Loan Information by Eligible Lenders'', to
require lenders, holders, and servicers of loans under Part B
to provide the borrower with information on the loan benefit
repayment options the lender, holder, or servicer offer,
including information on reductions in interest rates: by
repaying according to automatic debit; by completing a program
of on-time repayment; and under any other interest rate
reduction program. The information provided must include: any
limitations on the options; explicit reasons a borrower may
lose eligibility for such options; examples of the impact of
such options on repayment time and the amount of repayment; and
any borrower recertification requirements.
The House bill contains no similar provision.
The House recedes with amendment to include this
information as a new paragraph (5) in Section 433(b) of current
law, ``Required Disclosure Before Repayment.'' The new
paragraph requires lenders, at or prior to the start of
repayment, to disclose to the borrower information on loan
repayment benefits offered.
It is the conferees understanding that lenders and loan
servicers send statements to borrowers today that are in
various formats; some are organized by loan, some are by
account, and some are by borrower. It is not the conferees
intent to require loan servicers to change their organizational
format in order to comply with the requirements of Section
433(e). These disclosures can be made by loan, by account, or
by borrower.
Section 435. Consumer education information
The Senate amendment and the House bill require guaranty
agencies to work with institutions of higher education to
develop and make available high-quality educational program and
materials to provide training for students in budgeting and
financial management, debt management, and financial literacy.
The Senate amendment provides that these activities shall be
considered default reduction activities. The House bill does
not prohibit a lender or servicer from providing outreach or
financial aid literacy.
The House recedes with amendments to include ``students
and families'' and to add the House bill's rule of
construction.
Section 436. Definition of eligible institution & eligible lender
The House bill amends the cohort default rate threshold
at which an institution of higher education becomes ineligible
to participate in Title IV programs. It increases the threshold
from twenty-five percent to thirty percent in fiscal year 2012
and any succeeding fiscal year. The House bill applies the
definition of mitigating circumstances to the entire subsection
and establishes an appeals process for regulatory relief.
The Senate amendment contains no similar provisions.
The Senate recedes.
The House bill requires institutions of higher education
whose cohort default rate is greater than or equal to the
threshold percentage (twenty-five percent through fiscal year
2011; thirty percent thereafter) for any fiscal year to
establish a default prevention task force to prepare a plan to
reduce the institution of higher education's cohort default
rate. The House bill provides for institutions of higher
education whose cohort default rate is greater than or equal to
the threshold percentage in the second consecutive fiscal years
have their default prevention task force review and revise
their default reduction plan, and to submit the revised plan to
the Secretary for review. Upon review, the Secretary may
require amendments to the plan, with measure objectives, to
promote student loan repayment.
The Senate amendment contains no similar provision.
The Senate recedes with amendments to include in the task
force's plan the steps to be taken to improve the institution
of higher education's cohort default rate and to specify
actions the institution of higher education can take to improve
repayment, including appropriate counseling regarding loan
repayment options and striking references to the use of
professional judgment by financial aid administrators.
Recognizing the serious consequences of student loan
default for the borrowers, it is the Conferees' intent that
institutions that exceed the cohort default rate threshold
develop a comprehensive strategy to prevent current and former
students from defaulting on their federal student loans. The
Conferees intend for institutions to establish a default
prevention task force that would bring together experts who can
address the key components of successful default prevention
strategies. For example, default prevention task forces may
include representatives from the admissions office, the student
aid office, student affairs, and the career and academic
advising office. Institutions should also include
representatives of students and families on the default
prevention task force. The Conferees encourage institutions to
consult with experts in default prevention and financial
literacy such as the state designated guaranty agency in
developing their plans and to coordinate with the lenders and
servicers on default prevention activities.
The House bill requires the Secretary to publish cohort
default rates on the College Navigator web site.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill increases the cohort default rate
participation rate index threshold from 3.75 percent to 6.25
percent beginning in fiscal year 2012.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill amends the definition of an ``eligible
lender'' to include a National or State chartered bank that
that has as its primary consumer credit function, the making or
holding of loans made to students under Part B provided such
bank has assets of less than $1,000,000,000.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include credit
unions in the definition.
The Senate amendment expands the list of activities that
may result in the disqualification of a lender from
participation in programs under Part B, to include: payments
for referrals and for processing of finder fees, prizes, stock
or other securities, travel, entertainment expenses, tuition
repayment, the provision of information technology equipment at
below-market value, additional financial aid funds.
The House bill contains no similar provisions.
The House recedes with an amendment to change ``parents''
to ``family members'' to strike ``tuition repayment'' and
insert ``tuition payment or reimbursement'' and to provide an
exemption to the general prohibition on a lender's performing
functions for institutions to permit lenders to perform
services related to exit counseling at institutions.
The Senate amendment terminates authority for the school
as lender program, effective June 30, 2012.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment establishes a compliance audit
requirement for all institutions of higher education serving as
an eligible lender, and all eligible lender trustees. The
compliance audit shall determine whether the institution of
higher education or lender is using all proceeds for need-based
aid programs; is limiting administrative expenses; and is using
its proceeds to supplement and not supplant non-Federal funds
for need-based grant programs.
The House bill contains no similar provision.
The House recedes.
The House bill extends the period for which the cohort
default rate is calculated by one additional fiscal year. The
House bill requires the Secretary to calculate and publish at
least once each fiscal year, a report showing cohort default
rates and life of cohort default rates for categories of
institutions of higher education. The House bill defines ``life
of cohort default rate.'' The calculation of cohort default
rates using a three-year cohort default rate period will begin
with fiscal year 2008. Until three consecutive years of cohort
default rates are calculated using the three-year default
period, cohort default rates will continue to be calculated and
penalties assessed using the two-year default period. Penalties
under the three-year cohort default rate will not apply until
data for the fiscal year 2010 cohort are available.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 437. Discharge and cancellation rights in cases of disability
The Senate amendment specifies that a federal student
loan, including Perkins loan, will be discharged in the case of
a student who dies or becomes permanently and totally disabled,
such loans will also be discharged in the case of a student
borrower who is unable to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment that can be expected to result in death, and
has lasted or can be expected to last at least sixty months.
The Senate amendment also specifies that Secretary may develop
safeguards to prevent fraud and abuse in the discharge and
cancellation of loans for death, disability, or inability to
engage in substantial gainful activity due to a physical or
mental impairment expected to result in death. The Senate
amendments are effective July 1, 2008.
The House bill contains no similar provisions.
The House recedes.
The House bill specifies that borrowers who receive a
permanent total disability rating from the Secretary of
Veterans Affairs, and provide such documentation to the
Secretary, shall be considered permanently and totally disabled
for the discharge of federal student loans, and shall not be
required to present additional documentation.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that a
borrower must be determined by the Secretary of Veterans
Affairs to be unemployable due to a service-connected condition
to be eligible for the discharge of federal student loans.
Section 438. Conforming amendments for repeal of section 439
The Conferees make necessary conforming amendments to
accommodate for the repeal of section 439.
Part C--Federal Work-Study Programs
Section 441. Authorization of appropriations
The Senate amendment authorizes the appropriation of such
sums as may be necessary for the Federal work study program
through fiscal year 2013.
The House bill authorizes the appropriation of
$1,500,000,000 for the Federal work study program for fiscal
year 2009, and such sums as may be necessary for the four
succeeding fiscal years (through fiscal year 2013).
The House recedes with an amendment to extend
authorization through fiscal year 2014.
The House bill amends the definition of `community
services' to include responding to the needs of the community,
which may include activities in preparation for and during
emergencies and natural disasters.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to insert
``emergency preparedness and response'' into section 441(c)(1).
Section 442. Allowance for books and supplies
The Senate amendment and the House bill increase the
allowance for books and supplies used in calculating each
institution of higher education's average COA for purposes of
allocating funds to institutions of higher education according
to ``fair share'' allocation procedures from $450 to $600.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 443. Grants for federal work-study programs
The Senate amendment strikes language in section
443(b)(2)(A) requiring institutions of higher education to use
at least five percent of their Federal work study allocation
for fiscal year 1999 to compensate students employed in
community service. The Senate amendment expands the criteria
upon which the Secretary may grant a waiver that institutions
of higher education use at least seven percent of their Federal
work study allocation for community service, to include that a
waiver may be granted if the institution of higher education
certifies that fifteen percent or more of its full-time
students participate in specified community service or tutoring
and literacy activities.
The House bill adds the requirement that institutions of
higher education operate at least one civic education and
participation project in meeting its requirement to use at
least seven percent of their Federal work study allocation to
compensate students employed in community service. The House
bill defines `civic education and participation activities,'
and specifies priority for schools in the employment of
students in certain types of projects, and specifies that the
federal share of funds to compensate students may exceed
seventy-five percent.
The Senate recedes with an amendment to strike ``such as
voting or running for elected office'', and to make civic
education activities permissible.
The Conferees consider the community service aspect of
the Federal Work-Study program extremely important, and is
concerned by the fact that after years of growth, the program's
national average community service rate has declined for each
of the last two years. The Conferees urge participating
institutions to improve the availability and quality of Work-
Study community service job information they provide to
eligible students and to improve their outreach to local
community service agencies. The Education Department and the
Corporation for National and Community Service are directed to
provide all necessary information and technical assistance to
participating institutions in order to help them expand the use
of Work-Study funds for community service and to strengthen the
connection between Federal Work-Study jobs and the educational
or career goals of participating students.
Section 444. Flexible use of funds
The House bill adds provisions to the flexible use of
funds under the Federal work study program to grant flexibility
in the event of a major disaster.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that
students who have been prevented from fulfilling their work
study job due to a major disaster are able to receive wages for
that position only until they are able to find another work
study job or continue to fulfill the responsibilities of their
past job, and for no longer than one academic year.
Section 445. Job location and development programs
The Senate amendment increases the amount of Federal work
study funds institutions of higher education may use for job
location and development programs from not more than ten
percent or $50,000 of their Federal work study allocations to
not more than ten percent or $75,000.
The House bill contains no similar provision.
The House recedes.
Section 446. Additional funds for off-campus community service
The House bill establishes a new Off-Campus Community
Service Grant program under which the Secretary may award
grants to institutions of higher education to recruit and
compensate students for off-campus community service
employment.
The Senate amendment contains no similar provision.
The Senate recedes with technical amendments.
Section 447. Work colleges
The Senate amendment and the House bill strike ``work-
learning'' each place it appears in the Work Colleges program
and replace it with ``work-learning-service.'' The Senate
amendment and the House bill make similar changes to
definitions for the Work Colleges program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment contains a provision providing
support for existing and new model student volunteer community
service projects.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment removes the separate authorization
of appropriations specifically for the Work-Colleges program
and provides for the use of funds appropriated.
The House bill authorizes the appropriation of funds for
the Work Colleges program in the amount of such sums as may be
necessary for fiscal year 2009 through fiscal year 2013.
The Senate recedes with an amendment to extend the
authorization through fiscal year 2014.
Part D--Federal Direct Student Loan
Section 451. Terms and conditions of loans
The Conferees adopt a technical amendment to add the
income-based repayment plan adopted by P.L. 110-84 to the list
of repayment options available to borrowers in the Direct Loan
program.
The House bill amends the definition of `public service
job' for the Loan Forgiveness for Public Service Employees
provision under the Federal Direct Loan program to exclude time
served as a Member of Congress from eligible government
service. In addition, for purposes of this section the House
bill defines public health to include 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, and includes a clarification
of early childhood education and full-time faculty member at a
Tribal College or University.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires the Secretary to ensure that
monthly statements on Federal Direct Loan program loans and
other Department of Education publications do not contain more
than four digits of any individual's social security number.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill provides that interest shall not accrue on
loans made under Part D that are disbursed on or after October
1, 2008, for borrowers serving on active duty or performing
qualifying National Guard duty during a war or other military
operation or national emergency, and for borrowers serving in
an area of hostilities qualifying for special pay.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that
individuals eligible for this benefit are ``eligible military
borrowers.''
The Senate amendment requires that institutions
participating in the Direct Loan program provide disclosures
about the loans to borrowers.
The House bill contains no similar provision.
The House recedes with an amendment to specify the
disclosures in Section 433.
Section 452. Funds for administrative expenses
The House bill extends authorization for Direct Loan
program administrative expenses and for Federal Family
Education Loan account maintenance fees through fiscal year
2013.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike ``2013''
and insert ``2014.''
The House bill requires the Secretary to have a financial
and compliance audit of all loans owned by the Department and
made under the Federal Direct Loan program, as well as all
contracts for Direct Loan program activities, conducted
annually by an independent organization. The House bill
requires the Secretary to release its budget justifications to
the public upon providing them to Congress and to make
quarterly reports publicly available containing the same level
of detail as annual reports included in the budget
justifications. The House bill includes additional reporting
requirements under paragraph (2). The House bill requires the
Secretary to have a financial and compliance audit of all
guaranty agencies participating under Part B, conducted
annually by a qualified independent organization. The results
of both audits must be submitted to Congress and be made
publicly available.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment requiring the GAO to
study the respective costs of the Direct Loan and FFEL programs
in title XI of this bill.
Section 453. Guaranty agency responsibilities and payments; reports and
cost estimates
The Conferees clarify that as of the date the Secretary
purchases a loan pursuant to the authority given her in the
Ensuring Continued Access to Student Loans Act, the guaranty
agency that previously insured such loan shall cease to have
any rights or responsibilities with respect to such loan. The
guaranty agency shall maintain a right to a payment they have
earned for any activity carried out up to such date.
The Conferees require that the Secretary provide to
Congress detailed implementation and budget and cost
information on the student loan purchase program authorized
under the Ensuring Continued Access to Student Loans Act. The
budget and cost information is required to be reported
separately for the loan purchase and participation interest
purchase programs and reported in a manner that is comparable
to that included in the President's budget request for Part B
and Part D loans.
Section 454. Loan cancellation for teachers
The Conferees clarify that teachers employed by an
educational service agency are eligible for the teacher loan
forgiveness program in Section 460 of the Higher Education Act.
Part E--Federal Perkins Loans
Section 461. Extension of authority/program authority
The Senate amendment authorizes the appropriation of such
sums as may be necessary for federal capital contributions for
the Federal Perkins Loan program at such sums as may be
necessary for fiscal year 2008 through fiscal year 2012.
The House bill authorizes the appropriation of
$350,000,000 for the federal capital contributions for the
Federal Perkins Loan program for fiscal year 2009, and such
sums as may be necessary for the four succeeding fiscal years
(through fiscal year 2013). The House bill extends the
authorization of appropriations for federal capital
contributions, in the amount of such sums as may be necessary
for fiscal year 2014 through fiscal year 2019, to enable
students receiving Perkins Loans for academic years ending
prior to October 1, 2014, to continue or complete their courses
of study.
The Senate recedes with an amendment to authorize
appropriations of $300,000,000 for fiscal year 2009 and for
each of the five succeeding fiscal years and extends the
authorization of appropriations for federal capital
contributions, in the amount of such sums as may be necessary
for fiscal year 2014 through fiscal year 2019, to enable
students receiving Perkins Loans for academic years ending
prior to October 1, 2014, to continue or complete their courses
of study.
Section 462. Allowance for books and supplies
The Senate amendment and the House bill increase the
allowance for books and supplies used in calculating each
institution of higher education's average cost of attendance
for purposes of allocating federal capital contributions to
institutions of higher education according to ``fair share''
allocation procedures from $450 to $600.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 463. Agreements with institutions
The House bill amends Federal Perkins Loan program
agreements between the Secretary and institutions of higher
education to provide that if an institution of higher education
has not knowingly failed to maintain an acceptable collection
record with respect to a defaulted Perkins Loan, the Secretary
may allow the institution of higher education to refer the loan
to the Secretary, without recompense, except that the amount
collected shall be repaid to the referring institution of
higher education within 180 days of collection and shall be
treated as an additional federal capital contribution. The
House bill adds language to limit the authority of the
Secretary to require the mandatory assignment of Perkins Loans.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Conferees note that the Secretary of Education lacks
the authority under this section to require assignment of
defaulted Perkins Loans. Furthermore, it is the intent of the
Conferees that any funds collected from defaulted Perkins
Loans, including loans that have been assigned to the
Department of Education for additional collection activities,
be returned to the institution's revolving fund and available
for new loans to future students.
The Conferees intend to prohibit administrative measures
that would weaken the program by reducing the Perkins Loan
funds available to lend to students. For this reason, the
Conferees agreed to provisions clarifying that the Secretary is
only permitted to require the assignment of defaulted Perkins
Loans to the Secretary when an institution of higher education
has knowingly failed to maintain collection records. The fact
that a loan has been in default for any period of time does not
mean that the institution has failed to perform due diligence
in its collection and is not grounds for the Secretary to
require the assignment of the loan.
Section 464. Perkins Loan terms and conditions
The House bill increases annual Perkins Loan limits from
$4,000 to $5,500 for undergraduate students; and from $6,000 to
$8,000 for graduate and professional students. The House bill
increases aggregate Perkins Loan limits from $40,000 to $60,000
for graduate and professional students; from $20,000 to $27,500
for undergraduate students who have completed two years of
study; and from $8,000 to $11,000 for all other students.
The Senate amendment contains no similar provisions.
The Senate recedes.
The Conferees adopt a provision to make the death or
disability discharge of Perkins Loans consistent with how a
loan is discharged in the loan programs in Parts B and D.
The Senate amendment and the House bill remove the
requirement that borrowers of Perkins Loans request forbearance
in writing and require that the terms of forbearance agreed to
by the borrower and the lending institution of higher education
must be documented and recorded in the borrower's file and
amend a cross-reference regarding forbearance and the Armed
Forces Student Loan Interest Payment Program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill reduces the number of on-time,
consecutive, monthly payments required for rehabilitation of a
Perkins Loan from twelve to nine.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 465. Cancellation for public service
The House bill revises the provision providing Perkins
Loan cancellation for teachers to be for service ``as a full-
time teacher for service in a high-need school''.
The Senate amendment contains no similar provision.
The House recedes with an amendment to include a full-
time teacher for service in an academic year in an educational
service agency as defined in 9101(17) of the Elementary and
Secondary Education Act.
The Senate amendment and the House bill expand the
existing Perkins Loan cancellations to include service ``in a
pre-kindergarten or child care program that is licensed or
regulated by the State.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill adds Perkins Loan cancellation for service
``as a full-time fire fighter for service to a local, State, or
Federal fire department or fire district.''
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill add Perkins Loan
cancellation for service ``as a full-time faculty member at a
Tribal College or University'', Perkins Loan cancellation for
service as a librarian with a master's degree in library
science, and employed in a school served under Title I of the
Elementary and Secondary Education Act, or in a public library
serving a Title I school, and Perkins Loan cancellation for
service as a full-time speech language pathologist with a
master's degree, working exclusively with Title I schools.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 466. Sense of Congress regarding federal Perkins Loans
The House bill adds language stating the sense of the
Congress regarding Perkins Loans.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to modify the sense
of Congress.
Part F--Need Analysis
Section 471. Cost of attendance
The Senate amendment and the House bill exclude the value
of military housing or a military housing allowance received by
a student or his/her parent, from consideration as untaxed
income or benefits in the need analysis formula.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment has an effective date for the
amendments of July 1, 2008. The House bill has an effective
date for the amendments of July 1, 2009.
The Senate and the House recede with an amendment to make
the effective date July 1, 2010.
Section 472. Discretion to make adjustments
The House bill provides for the discretion of the
financial aid administrator to consider nursing home expenses
in addition to other medical-related expenses in making an
adjustment to a student's expected family contribution.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to add dependent
care expenses to the list of circumstances in which a financial
aid administrator may make adjustments and also clarifies that
a student's dislocated worker status shall be considered, in
addition to dependent students' and parents' dislocated worker
status, as defined in the Workforce Investment Act. In
addition, the discretion of financial aid administrators is
expanded to enable them to offer unsubsidized Stafford loans to
dependent students whose parents do not support them and refuse
to complete a Free Application for Federal Student Aid (FAFSA).
Section 473. Definitions
The House bill authorizes the Secretary to issue
regulations that allow the use of the second preceding tax year
information to carry out the simplification process.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to permit the
Secretary to use data from the second preceding tax year to
carry out the simplification of applications. Such
simplification may include the sharing of data between the IRS
and the Department of Education pursuant to the applicant's
permission.
The House bill specifies that ``total income'' with
respect to dislocated workers is equal to estimated untaxed
income and benefits for the current tax year minus estimated
excludable income for the current year.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment and the House bill stipulate that
students who live in military housing or receive a basic
allowance for housing shall receive an allowance for board, but
not for room, in determining the cost of attendance.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Conferees adopt technical changes to P.L. 110-84 to
clarify when an orphan, individual in foster care or
emancipated minor can be declared an independent student.
The House bill excludes any income earned from work under
a cooperative education program at an institution of higher
education.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill excludes the amount that the student's
military pay was reduced by due to his/her contribution to the
Montgomery GI bill (MGIB) education benefit when calculating
the amount of ``other financial assistance'' the student has
access to in his/her first year of using the MGIB education
benefit.
The Senate amendment contains no similar provision.
Both the Senate and the House recede with an amendment to
exclude veterans' education benefits from being counted as
available financial assistance in determining eligibility for
federal student financial aid.
The Senate amendment's effective date for this amendment
is July 1, 2008. The House bill's effective date for this
amendment is July 1, 2009.
The Senate recedes with an amendment to make this
amendment effective on July 1, 2010.
Part G--General Provisions Relating to Student Assistance
Section 481. Definitions
The Senate amendment clarifies that the Secretary may
reduce the number of weeks of instruction for programs that
measure program length in credit hours or clock hours. The
Secretary may not waive the requirement for institutions of
higher education that solely measure student learning based on
direct assessment.
The House bill contains no similar provision.
The House recedes.
The Conferees include a definition of an ``educational
service agency.''
Section 482. Master calendar
The House bill includes ``notices pursuant to sections
478 and 483(a)(6)'' in the March deadline and ``final notices''
pursuant to the same sections.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill require the
Secretary, prior to the beginning of each award year, to
provide institutions of higher education with a list of all
reports and disclosures required under the Higher Education
Act, including, the date each report or disclosure is due,
required recipients of each report or disclosure, the required
content of each report or disclosure, and references to
statutory authority, applicable regulations.
The Conferees adopt the provisions as proposed by both
the Senate and the House with an amendment to add an effective
date of July 1, 2010.
Section 483. Improvements to paper and electronic forms and processes
The Senate amendment includes provisions pertaining to
common financial aid forms. The House bill includes provisions
pertaining to common financial aid forms that are primarily the
same as the Senate amendment's provisions, however, the House
bill also specifies that: the application is for applying and
reapplying to determine need, and the Secretary shall work to
make the FAFSA consumer-friendly, and make the application
available in formats that are accessible to individuals with
disabilities.
The Senate recedes.
The Senate amendment and the House bill require the
Secretary to maintain a paper version of the FAFSA. The Senate
amendment requires the Secretary to encourage applicants to
file the electronic version of the application.
The House recedes.
The Senate amendment and the House bill require the
Secretary to develop an EZ FAFSA for individuals eligible for
automatic-zero expected family contribution (auto-zero EFC).
The House bill also includes individuals who are eligible for
simplified needs test (SNT).
The Senate recedes with an amendment that the Secretary
shall use the simplified paper application form after
appropriate field testing.
The Senate amendment and the House bill require that the
form contain only elements necessary to determine student
eligibility for federal student aid if such applicant is
eligible for auto-zero EFC. The House bill also extends this
provision to applicants eligible for SNT.
The Senate recedes.
The Senate amendment and the House bill include a
provision that requires the Secretary to include State data
items necessary to award State financial assistance, unless
that State does not permit use of the EZ FAFSA.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill include a
provision regarding free availability and processing of the EZ
FAFSA. The House bill further states that the data collected
from the EZ FAFSA shall be available to institutions of higher
education, guaranty agencies and states.
The Senate recedes.
The Senate amendment states that the Secretary shall
phase out printing the full paper FAFSA at such time as it is
determined to not be cost effective. Additionally, the
Secretary is required to maintain an easily accessible,
downloadable paper version and provide a printed version of the
full FAFSA upon request.
The House bill requires that an easily accessible version
be made available, but specifies that it must be made available
on the same website used to provide students with the
electronic form.
The Senate and the House recede with an amendment to
require the Secretary to maintain the FAFSA in a printable form
and provide a printed copy of the full paper version of FAFSA
upon request.
The House bill requires the Secretary to report annually
to Congress the impact of the digital divide on students
applying for Title IV aid. The Secretary's report must
specifically address the impact on independent and dependent
students as well as those students who are traditionally
underrepresented.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the
Secretary to maintain the data and report the information
periodically, rather than annually.
The Senate amendment and the House bill require the
Secretary to produce and make available an electronic version
of the FAFSA and to develop a simplified electronic application
for auto-zero EFC eligible students. The House bill extends
this eligibility to those eligible for simplified needs test.
The Senate recedes.
The Senate amendment requires that the Secretary use all
available technology to ensure that students who complete the
electronic version of the FAFSA answer only the minimum number
of questions necessary.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill require that
students who are both auto-zero EFC and SNT eligible be
required to submit only the data necessary to determine their
eligibility for auto-zero EFC and SNT. The Senate amendment and
the House bill require the Secretary to include space on the
electronic form for State data, except that a student shall be
required to enter data only for his/her State.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill include a
provision regarding data availability. The House bill also
requires that the data shall be made available to institutions
of higher education, guaranty agencies and States.
The Senate recedes.
The Senate amendment and the House bill include a
provision regarding privacy and data confidentiality.
The Senate recedes with an amendment to strike the
reference to State aid awarded under the LEAP program.
The Senate amendment and the House bill contain similar
provisions regarding the use of electronic signatures.
The Senate recedes with an amendment to add language that
the Secretary may ``continue to'' permit an electronic form to
be completed without a signature if a signature is subsequently
submitted or if a Personal Identification Number (PIN) is used.
The Senate amendment permits the Secretary to assign PINs
to applicants to allow applicants to sign the electronic
version of the FAFSA. The House has the same provision, except
that it specifies that the PIN can be used in lieu of a
signature for forms required by the LEAP program.
The House recedes with an amendment clarifying that the
Secretary ``may continue to'' assign PINs.
The Senate amendment and the House bill include similar
provisions regarding PIN improvement, but the Senate amendment
specifies that a real time data match must be implemented
within 180 days following enactment.
The Senate recedes with an amendment to require the
Secretary to ``continue to work with'' the Social Security
Administration to minimize the time it takes for a student to
obtain a PIN.
The House bill states that the Secretary shall work to
reduce the number of data elements entered by all applicants by
fifty percent. The House bill further specifies that the
Secretary must submit a report on the reduction process to each
of the authorizing committees two years after enactment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to: use the number
of data elements on the FAFSA from the 2009-2010 academic year
as the baseline to be reduced by fifty percent; insert language
that the Secretary's efforts, in cooperation with
representatives from other agencies and organizations, be
consistent with other provisions in this section; strike the
language exempting form development required under this Act
from the reduction goal; and to include a date by which the
report shall be submitted.
The Senate amendment specifies that the number of state
items on the form shall not be less than the number of items in
award year 2005-2006. The House bill specifies that the number
of state items shall not be less than the number of items in
award year 2008-2009.
The House recedes with an amendment to change the award
year to 2008-2009.
The Senate amendment requires the Secretary to review the
data annually to determine which items a State needs to award
need-based aid and whether the State permits an applicant to
file a simplified form.
The House bill requires the Secretary to conduct an
annual review of the forms and non-financial data States
require to award need-based aid.
The House recedes.
The House bill requires the Secretary to publish an
annual notice in the Federal Register requiring States to
inform the Secretary what State-specific data are required to
deliver State need-based aid and if the State does not permit
applicants to use a simplified form.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires States to notify the Secretary if
the State permits applicants to file a form for the purposes of
determining eligibility and of the State-specific nonfinancial
data the State requires for delivery of need-based aid.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment requires that if a State does not
permit applicants to use a simplified form the Secretary may
decide not to include the State's questions on the FAFSA.
The House bill requires the States that do not permit
applicants to use a simplified form due to State law or agency
policy to notify the Secretary. The State must also include an
estimate of the costs associated with the use a simplified
form. The House bill requires that State applicants for LEAP
notify the Secretary if the use of a simplified form is
permitted.
The House recedes.
The Senate amendment and the House bill prohibit charges
to students and parents for use of the form.
Both the Senate and the House recede with an amendment to
specify that no data collected on a form for which a fee is
charged shall be used to complete the form prescribed under
this section, other than a Federal or State income tax form
prepared by a paid income tax preparation service for the
primary purpose of filing a Federal or State income tax return.
The Senate amendment restricts the use of the applicant's
PIN by select entities.
The House bill contains no similar provision.
The House recedes.
The Senate amendment requires the Secretary to permit
students to complete the FAFSA as early as practicable prior to
January 1 of the student's planned year of enrollment.
The House bill states that students should be able to
complete the FAFSA as early as practicable prior to October 15
in the year prior to the student's planned year of enrollment.
The House recedes.
The Senate amendment and the House bill state that the
Secretary shall develop the means to provide students with an
early estimate of their financial aid eligibility. The House
bill further states that the Secretary must notify applicants
that the EFC is subject to change.
The Senate recedes with an amendment to require the
Secretary to consult with representatives of States,
institutions of higher education and other individuals with
experience in student financial aid processes in making updates
to forms used to provide early estimates.
The Senate amendment provides that FAFSA data shall be
provided to institutions of higher education, guaranty agencies
and states without charge. The Senate amendment provides
private organizations and consortia that develop software used
by Title IV participating institutions of higher education the
necessary specifications to produce and distribute software.
The Senate amendment authorizes the Secretary to include space
for parent's social security number and date of birth on the
FAFSA.
The House bill contains no similar provisions.
The House recedes.
The Senate amendment requires the Secretary to test and
implement a toll free telephone number for the FAFSA
application system.
The House bill contains no similar provision.
The House recedes with an amendment to: strike the
requirement that the Secretary test the system not later than
two years after the date of enactment of this act; add in
language that the Secretary shall ``continue to implement'' the
toll-free telephone based system; and make the submission of
applications over this system a separate activity by adding
``and (b)'' before it.
The Senate amendment authorizes applicants to use a
preparer for consultative or preparer services. Any entity that
provides any value-added service such as completion or
submission of the FAFSA shall provide a clear and conspicuous
notice that the FAFSA is free, can be completed without
professional assistance, and provide a link to the Department
of Education's website. Also, the Senate amendment specifies
that the provider cannot charge recipients who qualify for SNT
or auto-zero EFC.
The House bill states that any entity that provides any
value-added service such as completion or submission of the
FAFSA shall provide notice that the FAFSA is free; can be
completed without professional assistance; and provide a link
to the Department of Education's website.
The House recedes with the amendment that: states that
the preparer's identification information is required if a fee
is charged for the services; the preparer providing services
must clearly inform each individual that the forms are free and
may be completed without professional assistance; modifies the
language that the FAFSA and EZ FAFSA are free forms that may be
completed via paper or electronically; strikes subpart (E)
which refers to not charging any fee to any individual who
meets specified requirements; and specifies that a preparer is
subject to the same penalties as an applicant for purposely
giving false or misleading information in the application.
The Senate amendment and the House bill include an early
application and demonstration program to determine the benefits
and costs of early notification. The House bill's purpose is
more detailed.
The Senate recedes with an amendment to title this
provision ``Early Application and Estimated Award Demonstration
Program.''
The Senate amendment implements the early application
demonstration program within two years of the enactment of this
Act. The Senate amendment also states that for all of the
dependent students who participate in the demonstration
program, those who are also auto-zero EFC eligible shall be
provided with an EFC and Pell Grant award amount for the first
year.
The House bill contains a similar provision that provides
an estimated EFC and aid award for all students.
The House recedes with amendments that: modify the
requirement that the Secretary provide each student with ``an
estimated award''; and strike the requirement that the
Secretary provide estimates to students who do not meet the
requirements.
The Senate amendment and House bill include provisions
identifying participants. The Senate amendment specifies that
the secondary school must commit select resources and
participate in an evaluation.
The House recedes.
The Senate amendment specifies that the application must
contain certain assurances, such as the amount of state need-
based aid available, a commitment to provide actual awards and
estimates, and a plan to recruit institutions of higher
education.
The House bill contains a comparable provision regarding
the application process for the demonstration program, but does
not include the Senate's specific assurances.
The House recedes with amendments to the application
requirements: clarify that the information provided is an
estimate rather than an award determination; all participating
dependent students must receive estimated awards; State
applications must include a plan to select institutions of
higher education and postsecondary schools that to the extent
possible serve different populations are of varying types ``and
sectors'' (rather than ``control'').
The Senate amendment grants the Secretary the authority
to waive requirements for an institution of higher education to
participate in the demonstration program.
The House bill contains no similar provision.
The House recedes.
The Senate amendment requires the Secretary to conduct an
evaluation of the demonstration program.
The House bill includes a similar, but less detailed
provision.
The House recedes with an amendment to include a
description of the extent to which estimated awards differ from
actual awards made to students participating in the program.
The Senate amendment and the House bill have a provision
requiring the Secretary to consult with the Advisory Committee
on Student Financial Assistance in implementing the pilot
program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment requires the Comptroller General and
the Secretary, in consultation with a study group, to design
and conduct a study to identify and evaluate the means of
simplifying the process of applying for Federal student
financial aid. The Secretary, with the Secretary of the
Treasury, may use Internal Revenue Service data to pre-populate
the FAFSA if such use would not negatively impact students,
institutions, states or the federal government.
The House bill includes a provision that expresses the
Sense of the Congress that the Department of Education and the
Secretary of Treasury should work together to develop a process
by which the Department of Education would be able to obtain
student's financial information from the IRS, with the
student's permission, to assist with completing the FAFSA.
The House recedes with an amendment that directs the
Secretary to continue current FAFSA simplification efforts, in
cooperation with the Internal Revenue Service, and to report on
efforts to date. In addition, the Comptroller General is to
convene a group to study additional simplification of the
financial aid application process, using the current statutory
requirements, and to identify changes to the need analysis
formula that will be necessary to reduce the amount of
financial information students and families need to provide to
receive a determination of an eligibility for student financial
aid.
The Conferees intend that, in evaluating the impact of
using income from the year that is two years prior to a
student's enrollment on the ability of States and institutions
to make financial aid awards and commitments, the Secretary
should assess the overall application burden on students and
families applying for all types of aid, and any additional
costs to States and institutions. The Conferees recognize one
of the advantages of the current FAFSA application and process
is that it is used by many States and institutions to award
State and institutional aid in addition to Federal aid.
Students and families would not be well served if the
application and award process for Federal student aid were
simpler, but the application and award process for State and
institutional aid became more cumbersome.
The Senate amendment and the House bill include similar
provisions to require the Secretary to use the savings produced
by not printing the full paper FAFSA to improve access to the
electronic forms for low-income students.
The Senate recedes.
Section 484. Model institutions financial aid offer form
The House bill directs the Secretary to report on the
adequacy of the financial aid offer forms provided by
institutions of higher education to students and their
families. The report should include a model financial aid offer
form which includes: cost of attendance, the amount of aid that
does not have to repaid, and types and amounts of loans, for
which the student is eligible.
The Senate amendment contains no similar provision.
The Senate recedes with amendments to: direct the
Secretary to convene a group for the purpose of offering
recommendations to improve financial aid offer forms; include
additional individuals on the list of members of the group; and
modify the contents of the form.
Section 485. Student eligibility
The House bill eliminates the exemption for students from
the Republic of the Marshall Islands and the Federated States
of Micronesia from providing their social security number when
applying for federal student aid.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment allows institutions to determine
that a student has the ability to benefit from postsecondary
education if the student satisfactorily completes six credit
hours or the equivalent coursework applicable toward a degree
or certificate offered by the institution of higher education.
The House bill contains no similar provision.
The House recedes.
The House bill specifies that the provision of assistance
to students from the Republic of Palau only applies for federal
student aid under Title IV subpart 1 of Part A and would expire
September 30, 2009.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill make several
updates to change ``telecommunications'' to ``distance
education'' to be consistent with the newly added definition of
distance education; update the reference to postsecondary
vocational institutions to reflect the reauthorization of the
Perkins Career and Technical Education Act in 2006
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill allows a student who has lost student aid
eligibility due to a drug conviction that complies with
requirements established by the Secretary to regain eligibility
for Title IV aid if the student successfully passes two
unannounced drug tests conducted by a drug rehabilitation
program.
The Senate amendment contains no similar provision.
The Senate recedes.
Currently, students lose their eligibility for federal
student financial aid if they were convicted for the sale or
possession of drugs while receiving such aid. This provision
does not affect the eligibility of students who may have been
arrested prior to the start of their first year of college, or
who were arrested during any period where they were not
receiving federal student aid. Current law provides mechanisms
by which students may regain their eligibility for federal
student financial aid.
The Conferees believe that the Department of Education
and institutions of higher education should take steps to
ensure that students understand the implications and provisions
of section 484(r). As currently worded, the `drug penalty'
question on the FAFSA may serve as a barrier to completing the
form, as students may not understand the scope of the
prohibition. Data from the Department of Education show that in
the 2007-2008 award year, at least 15,700 students initially
filled the form out in such a way that they would have been
ineligible for financial aid for at least part of the academic
year. Upon further review and revision of these applications,
approximately 5,400 students were deemed ineligible for aid--
thirty-four percent of those originally deemed ineligible for
aid.
The Conferees believe that the Department of Education
should immediately re-word the question on the FAFSA form in
order to more accurately reflect the provision.
Furthermore, the Conferees encourage the Department of
Education to take steps to ensure the integrity and privacy of
the drug tests used by students to regain eligibility. Such
drug testing should utilize only highly-reliable methods
conducted by qualified drug rehabilitation programs.
The Senate amendment permits students with intellectual
disabilities to receive Pell grants, FSEOG, and Federal Work
Study under certain circumstances.
The House bill includes similar provisions.
The Senate recedes with an amendment to limit the waivers
the Secretary can provide to implement this section.
The Conferees intend to provide eligibility to students
with intellectual disabilities attending any inclusive
comprehensive transition and postsecondary program for students
with intellectual disabilities as defined by this Act,
including but not limited to students attending programs
participating in grants authorized under subpart 2 of Title VII
of this Act, provided that such students meet the eligibility
criteria described in this section.
The House bill requires the Secretary, in consultation
with the Central Processing System, to 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.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike ``in
consultation with the Central Processing System.''
The Conferees expect the Secretary to work with the
Central Processing System in developing the report or access to
federal student aid for certain populations as required in this
section. The Conferees understand that, as Congress continues
to examine the issue of drug-related student eligibility, it is
critical to have full information about the impact of the
provision. The Conferees intend that the information collected,
analyzed, and made available to the public under this section
will provide an understanding of the demographic background of
the students excluded from federal aid by the drug prohibition,
the nature of the offenses underlying the exclusion, and other
characteristics of such students that may better inform the
work of Congress as it continues to examine the issue of drug-
related student eligibility.
Section 486. Statute of limitations and state court judgments
The Senate amendment and the House bill specify that for
the Perkins Loan program, institutions shall not be subject to
a defense raised by a borrower on the basis of a claim of
infancy under state law.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment provides that obligations to repay
loans and grant overpayments, costs and other charges on
defaulted loans, and state court judgments shall not apply in
the case of a deceased student or a deceased student's estate.
Neither a deceased student's estate nor the estate of a
deceased student's family shall be required to repay any Title
IV financial assistance, nor interest, collection costs, or
other charges.
The House bill contains no similar provision.
The House recedes.
Section 487. Readmission requirements for service members
The House bill requires any institution of higher
education that requires a student, who is a member of the Armed
Forces or a member of the Armed Forces in retired status, whose
attendance is interrupted by a call or order to active duty to
subsequently reapply for readmission at the time of the
conclusion of active duty to justify this requirement in
writing to the Secretary.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to establish a
standard process for students who are required to leave an
institution because they have been called to active duty to re-
enroll at the institution in the same academic standing the
student had before leaving the institution. Such process is
modeled after the process established for servicemembers to
return to employment after serving on active duty in the
Uniformed Services Employment and Reemployment Rights Act.
Section 488. Institutional and financial assistance information for
students
The Senate amendment requires each institution of higher
education to make available to current and prospective students
information about its plans for improving the academic program
of the institution of higher education.
The House bill contains no similar provision.
The House recedes with an amendment to make a technical
change.
The Senate amendment alters the requirement that
institutions make available to current and prospective students
the terms and conditions under which students receive Federal
Family Education Loan and Direct Loan to also include Perkins
Loans.
The House bill contains no similar provision.
The House recedes.
The Senate amendment and the House bill require
institutions to make available to current and prospective
students the institution of higher education's policies and
sanctions related to copyright infringement, including a
description of actions taken by the institution of higher
education to detect and prevent the unauthorized distribution
of copyrighted materials on the institution of higher
education's technology system.
Both the Senate and the House recede with an amendment to
replace language in (iv) with language requiring institutions
to make available the development of plans to detect and
prevent unauthorized distribution of copyrighted material on
the institution of higher education's information technology
system which shall, to the extent practicable, include offering
alternatives to illegal-downloading or peer-to-peer
distribution of intellectual property, as determined by the
institution of higher education in consultation with the Chief
Technology Officer or other designated officer of the
institution.
The Conferees have combined elements from both bills to
require institutions to advise students about this issue and to
certify that all institutions have plans to combat and reduce
illegal peer to peer file sharing.
Experience shows that a technology-based deterrent can be
an effective element of an overall solution to combat copyright
infringement, when used in combination with other internal and
external solutions to educate users and enforce institutional
policies.
Effective technology-based deterrents are currently
available to institutions of higher education through a number
of vendors. These approaches may provide an institution with
the ability to choose which one best meets its needs, depending
on that institution's own unique characteristics, such as cost
and scale. These include bandwidth shaping, traffic monitoring
to identify the largest bandwidth users, a vigorous program of
accepting and responding to Digital Millennium Copyright Act
(DMCA) notices, and a variety of commercial products designed
to reduce or block illegal file sharing.
Rapid advances in information technology mean that new
products and techniques are continually emerging. Technologies
that are promising today may be obsolete a year from now and
new products that are not even on the drawing board may, at
some point in the not too distant future, prove highly
effective. The Conferees intend that this Section be
interpreted to be technology neutral and not imply that any
particular technology measures are favored or required for
inclusion in an institution's plans. The Conferees intend for
each institution to retain the authority to determine what its
particular plans for compliance with this Section will be,
including those that prohibit content monitoring. The Conferees
recognize that there is a broad range of possibilities that
exist for institutions to consider in developing plans for
purposes of complying with this Section.
Numerous institutions are utilizing various technology
based deterrents in their efforts to combat copyright
infringement on their campuses. According to a report of the
Joint Committee of the Higher Education and Entertainment
Communities, many institutions of higher education have taken
significant steps to deal with the problem. Indiana University,
for example, hosts an extensive ``Are you legal?'' educational
campaign for students on the issues, and enforces campus
policies on proper use of the network. It acts on DCMA notices
by disconnecting students from the network and requires
tutorials and quizzes to restore service. Second offenders are
blocked immediately and are sent to the Student Ethics
Committee for disciplinary action.
Audible Magic's CopySense Network Appliance provides
comprehensive control over Peer-to-Peer (P2P) usage on a
university's network. The CopySense Appliance identifies and
blocks illegal sharing of copyrighted files while allowing
other legitimate P2P uses to continue. It filters copyrighted
P2P content by sensing an electronic fingerprint unique to the
content itself, which is very similar to the way virus filters
operate.
Red Lambda's ``Integrity'' is a network security solution
dedicated to the management of file-sharing activities via
protocols like P2P, IM, IRC, and FTP. This technology is able
to detect all P2P, OS file-sharing, FTP, IM, proxy use, Skype
and application tunneling over HTTP, HTTPS, DNS and ICMP
protocols.
The University of Maryland, College Park, severely
restricts bandwidth for residential networks and block certain
protocols. It designed ``Project Nethics'' to promote the
responsible use of information technology through user
education and policy enforcement. A third violation can result
in eviction from the university housing system. Montgomery
College in Maryland enforces an Acceptable Use Policy on its
wired and wireless networks.
Additional existing technological approaches can deter
illegal file sharing by automatically processing notices sent
by scanning vendors then taking actions such as messaging the
user via browser redirection, applying the appropriate sanction
and automatically re-enable browsing after a timeout or
reconnect fee is paid. Other institutions use technology to
appropriately manage their campus networks by limiting and/or
shaping bandwidth, such as Packeteer's packet shaping
technology.
The Senate amendment requires institutions to make
available to current and prospective student's information on
student body, diversity, the placement in employment and types
of employment obtained by graduates, the institutions report on
fire safety, and the retention rate of certificate or degree-
seeking, full-time undergraduate students.
The House bill contains no similar provision.
The House recedes.
The House bill requires institutions to make available to
current and prospective students their policies regarding
meningococcal vaccinations.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that
institutions shall disclose policies on all vaccinations, not
only meningococcal vaccinations. The Conferees note that
institutions of higher education should have a policy on
vaccinations of students. Of particular concern are the recent
outbreaks of meningitis on college campuses. The Center for
Disease Control's Advisory Committee on Immunization Practices
has reported that college freshmen, especially those who live
in dormitories, are at a modestly increased risk for
meningococcal disease compared with other persons of the same
age. There are nearly 3,000 cases of meningococcal disease
every year in the U.S. According to the Centers for Disease
Control and Prevention between ten and twelve percent of the
cases are fatal (about 300 to 360). Among those who survive
meningococcal disease, approximately twenty percent suffer
long-term consequences, such as brain damage, kidney disease,
hearing loss or limb amputations.
The Senate amendment and the House bill allow an
institution of higher education to adjust the calculation of
completion and graduation rates for certain students. Under the
Senate amendment and the House bill, if the number 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 represent twenty percent or more of
certificate- or degree-seeking, full-time undergraduate
students, the institution of higher education may exclude the
time such students were not enrolled from the calculation.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment requires institutions to
disaggregate data on completion and graduation rates based on
student gender, race/ethnicity, and receipt of a Pell Grant,
receipt of specific federal loans but not a Pell Grant, and
non-receipt of a Pell Grant or specific federal loans. The
Senate amendment does not require the disclosure of data if
reporting would not yield statistically reliable information or
would reveal personally identifiable information.
The House bill contains no similar provision.
The House recedes.
The Conferees believe that the disaggregation of
completion and graduation rates of students attending
institutions of higher education, as specified under section
485(a)(7), will yield important information regarding the
degree to which different types of students are completing
postsecondary education programs. The Conferees acknowledge
that two-year degree-granting institutions of higher education
face unique considerations in reporting such data, because
these institutions often enroll students for purposes beyond
certificate and degree programs. Two-year institutions should
not be exempt from reporting completion and graduation rates.
However, the Conferees believe it is appropriate for the
Secretary to assist these institutions in reporting such data
accurately and, if necessary, to develop supplemental measures
of success that take into consideration the multiple missions
and the varied needs and goals of the individuals who attend
two-year institutions and the communities such institutions
serve. The group required to be convened under section
485(a)(7)(B) is meant to achieve that goal.
The Senate amendment requires institutions of higher
education to offer specific disclosures during a required exit
counseling session to borrowers of loans made, insured, or
guaranteed under Parts B, D, or E but excludes PLUS Loans and
Consolidation Loans.
The House bill contains no similar provisions
The House recedes with an amendment to reorder the
provisions in the section to reduce redundancy, clarify that
information on repayment plans shall include the average
anticipated monthly repayments under each plan, specify that a
general description of loan forgiveness provisions be included,
along with a copy of information provided by the Department and
add that borrowers must be informed of the consequences of
default on loans including adverse credit reports, federal
offset, and litigation.
The Senate amendment requires institutions to provide
borrowers with a clear and conspicuous notice describing the
general effects of using a consolidation loan to discharge a
borrower's student loans. The House bill contains no similar
provision.
The House recedes.
The Senate amendment amends a requirement for the
Secretary to compile and disseminate information on State and
other prepaid tuition and savings programs to require the
Secretary to also compile and disseminate information on State
grant assistance programs. The Senate amendment also requires
the Secretary to disseminate such information through means
including the Internet.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill add new
provisions related to the calculation of completion and
graduation rates of student athletes. Under the Senate
amendment and the House bill, if 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
represent more twenty percent or more of certificate- or
degree-seeking, full-time undergraduate students, the
institution of higher education may exclude the time such
students were not enrolled from the calculation.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill exclude foreign
institutions from having to disclose their campus security
policies and campus crime statistics.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill amends the Clery Act to require greater
coordination between campus security and local law enforcement.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify the
requirement for greater transparency in the relationship
between campus security personnel and State and local law
enforcement agencies, including whether institutions have
agreements with such agencies, such as written memoranda of
understanding, for the investigation of alleged criminal
offenses.
It is the intent of the Conferees that the amendments
made to this section will help protect students and personnel
on campuses.
The House bill adds four crimes to the list of crimes an
institutions must report as ``hate crimes'' in cases where the
victim is intentionally selected because of their actual or
perceived race, gender, religion, sexual orientation, ethnicity
or disability.
The Senate amendment contains no similar provision.
The Senate recedes.
The Conferees believe that this change will facilitate
uniformity in campus crime reporting to both the Department of
Education and the FBI's Uniform Crime Reporting (UCR) Program,
the voluntary national crime data collection program based on
the submissions of more than 17,000 city, county, state,
tribal, and federal law enforcement agencies. Each of the
offense types required under this section is already an
integral part of the FBI UCR crime data reporting program.
To increase awareness of hate crimes on college campuses,
the 1998 amendments to the Higher Education Act required all
colleges and universities to collect and report hate crime
statistics to the Office of Postsecondary Education (OPE) of
the Department of Education. The Department of Education
utilized the definition of hate crime developed by the FBI, but
the criminal offenses required to be reported did not match the
existing FBI crime categories. The current HEA crime category
omissions have resulted in critical gaps in OPE data, as well
as discrepancies and substantial inconsistencies between FBI
and OPE hate crime statistics. The Conferees intend for this
provision to provide parents and students a more accurate sense
of campus safety by making the crime categories required to be
reported to the Department of Education parallel those
collected by the FBI's UCR Program and published in its annual
publications.
The Senate amendment and the House bill require
institutions to make available to current and prospective
students a statement of current campus policies regarding
immediate emergency response and evacuation procedures to
notify the campus community of a significant emergency or
dangerous situation that poses a threat to students or staff.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Both the Senate amendment and House bill change current
disclosure requirements for campus safety policies and
procedures. The Senate amendment and House bill have similar
requirements for institutions notifying the campus community in
the event of a significant emergency.
The Conferees adopt the provisions as modified, with an
amendment to require institutions to publish their procedures
to immediately notify the campus community upon the
confirmation of a significant emergency or dangerous situation,
unless issuing such notification would compromise efforts to
contain the emergency. The amendment also provides that
notifications should be made for emergencies on campus as
defined by the Clery Act.
The Conferees intend that each institution's statement of
emergency policy should clearly articulate a method to promptly
determine whether incidents pose an immediate threat to the
health or safety of students or staff. This policy statement
should include a method, or methods, to initiate dissemination
of the required emergency notifications immediately and without
any delay following a professional determination by law
enforcement or other authorities that an emergency exists. The
Conferees believe it is important that the Department be
informed by past demonstrated ability of institutions to take
immediate action in the face of campus emergencies in
developing any regulations related to this provision. Recent
examples include:
Florida Atlantic University on April 30, 2008--A shooting
incident was reported at 1:16 AM, 26 minutes later alerts were
sent out to the campus community, sirens, public address
systems and Reverse 911 systems were activated. A follow-up e-
mail was sent to the campus community at 2 AM.
Ferrum College (VA) on February 26, 2008--A sighting of a
man with a gun was reported at 7:29 AM, 11 minutes later sirens
were activated, and by 7:54 a text alert went out to the campus
community with additional details concerning the emergency.
Northern Illinois University on February 14, 2008--A
multiple shooting incident was reported at 3 PM, and 20 minutes
later an alert was posted to the institution's web site.
Because of the importance of informing students and staff
of immediate threats to their safety, notification should only
be withheld if it is in the professional determination of law
enforcement that issuing the notice would put the community at
greater risk, and in such a case notice should be withheld for
as short a period as possible.
The Conferees recognize that emergencies are volatile,
fast-moving and unpredictable events that can encompass a range
of natural and man-made situations, from campus fires to the
presence of shooting suspects on campus. As such, the Conferees
intend that institutions may rely upon the initial known facts
of a situation in crafting and disseminating notifications that
are timely, accurate and useful to appropriate segments of the
campus community. The Conferees also do not intend to hold
institutions responsible for the failure of local law
enforcement or other emergency response personnel to provide
them with information, or other circumstances beyond their
control that may delay the delivery of emergency notifications.
The Conferees intend that institutions should publicize
to all students and staff their emergency response and
evacuation procedures, both in their annual security report and
separately at least once each calendar year as a part of the
required test of such procedures. When an emergency happens
time is of the essence so it is critical that students and
staff know where to turn for information and what to expect.
The Senate amendment and the House bill require the
Secretary to report annually to authorizing committees
regarding institutions' compliance with this subsection and on
the Secretary's monitoring of this compliance. The Senate
amendment and the House bill permit the Secretary to seek
guidance from the Attorney General regarding the development
and dissemination of information to institutions about best
practices related to campus crime and safety.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill prohibits an institution of higher
education or its employees, offices, or agents from
intimidating, threatening, coercing, or otherwise
discriminating against an individual for the purpose of
interfering with the implementation of this subsection, or any
rights or privileges accorded under this subsection, or because
the individual has participated in an investigation,
proceeding, or hearing.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include a rule of
construction indicating that nothing in this subsection shall
be construed to permit a participating institution or their
agent to retaliate, intimidate, threaten, coerce, or otherwise
discriminate against any individual with respect to the
implementation of any provision of this subsection.
The Senate amendment and the House bill require each
institution of higher education participating in Title IV to
publicly disclose its current transfer of credit policies,
which must include the disclosure of any criteria used by the
institution of higher education to evaluate the transfer of
credit earned at another institution of higher education and a
list of the institutions with which the institution of higher
education has established an articulation agreement.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill specifically
state that nothing in this subsection authorizes the Secretary
or the Accreditation and institutional Quality and Integrity
Advisory Committee (Senate amendment) or NACIQI (House bill) to
require particular policies, procedures, or practices by
institutions with respect to transfer of credit. The Senate
amendment and the House bill specifically state that nothing in
this section authorizes an officer or employee of the U.S.
Department of Education (ED) to exercise any direction,
supervision, or control over the curriculum, instruction,
administration, or personnel at any institution of higher
education or over any accrediting agency, limits the
application of the General Education Provisions Act, or creates
a legally enforceable right on the part of a student to require
an institution of higher education to accept a transfer of
credit.
The Senate recedes.
The Senate amendment and the House bill require
institutions to report and make public an annual fire safety
report.
The House recedes with an amendment to require the
Secretary to make policies public, including the installation
of fire detection and prevention technologies in student
housing, dormitories, and other buildings.
The House bill prohibits an institution of higher
education or its employees, offices, or agents from
intimidating, threatening, coercing, or otherwise
discriminating against an individual for the purpose of
interfering with the implementation of this subsection, or any
rights or privileges accorded under the is subsection, or
because the individual has participated in an investigation,
proceeding, or hearing.
The Senate amendment contains no similar provision.
The House recedes.
The House bill requires institutions of higher education
to implement procedures for managing reports of missing
persons.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to specify that
institutions of higher education must establish a policy for
students who reside in on-campus housing that includes a
notification to the student that the institution of higher
education is required to notify a parent or guardian twenty-
four hours after the time that the student is deemed to be
missing in accordance with official notification procedures
established by the institution of higher education.
The House bill requires institutions of higher education
to provide each student, upon enrollment, with a ``separate,
clear, and conspicuous written notice'' that provides
information on the penalties associated with drug-related
offenses.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires institutions of higher education
to provide each student, within two weeks of being notified by
the Secretary that the student has been convicted of a drug-
related offense that resulted in the loss of eligibility for
Title IV aid, with a ``separate, clear, and conspicuous written
notice'' that notifies the student of the loss of Title IV
eligibility and discusses ways to regain Title IV eligibility.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require each
student who has lost eligibility for any grant, loan, or work-
study assistance under this Title as a result of the penalties
under 484(r)(1) to be provided such notification by the
institution in a reasonable and timely manner.
The Senate amendment adds a new subsection (b) to Section
485 specifying requirements for institutions of higher
education to provide entrance counseling prior to disbursement
for first-time borrowers loans made, guaranteed, or insured
under Part B or Part D. Entrance counseling must meet specified
disclosure requirements.
The House bill contains similar provisions on entrance
counseling in Title I.
Both the Senate and the House recede with an amendment to
merge the entrance counseling provisions from both bills to
require institutions of higher education, at or prior to the
time of a disbursement to a first-time borrower to provide
comprehensive information on the terms and conditions of the
loan and of the responsibilities the borrower has with respect
to such loan. Such information shall be provided in simple and
understandable terms and may be provided: during an entrance
counseling session conducted in person; on a separate written
form provided to the borrower that the borrower signs and
returns to the institution of higher education; or, online,
with the borrower acknowledging receipt of the information.
Institutions of higher education are encouraged to carry out
the entrance counseling through interactive programs that test
the borrower's understanding of the terms and conditions of
their loans.
Section 489. National Student Loan Data System
The Senate amendment makes a technical amendment and
requires the Secretary to take actions to maintain the system.
The Senate amendment also requires the Secretary to prepare and
submit a report to the appropriate committees of Congress, not
later than September 30th of each fiscal year, describing
certain specified aspects of NSLDS; requires the Secretary to
conduct a study regarding the available mechanisms for
providing students and parents the ability to opt in or opt out
of allowing eligible lenders to access their records in NSLDS;
and the appropriate protocols for limiting access to NSLDS,
based on the risk assessment required under subchapter III of
Chapter 35 of Title 44, U.S.C.; and requires the Secretary to
submit the report to the appropriate Congressional committees
no later than three years after enactment.
The House bill contains no similar provision.
The House recedes.
The Conferees intend that NSLDS data may be released to
outside contractors and analysts if all individuals identifiers
are excluded from the data and the outside analyst or
contractor is certified according to data confidentiality
standards and procedures used by the National Center for
Education Statistics.
Section 490. Early awareness of financial aid eligibility
The Senate amendment requires the Secretary to implement,
in cooperation with other relevant entities a comprehensive
system of early financial aid information in order to provide
students and families with early information about financial
aid and early estimates of such students' eligibility for
financial aid from multiple sources.
The House bill contains no similar provision.
The House recedes with an amendment to strike the
provision that required the Secretary to provide early
estimates of financial aid awards.
Section 491. Distance Education Demonstration Programs
The Senate amendment and the House bill make a conforming
amendment to the existing Distance Education Demonstration
Program, to replace Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce of
the House of Representatives with authorizing committees.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to clarify that the
reports shall be provided by the Secretary on an annual basis.
Section 492. Articulation agreements
The House bill requires the Secretary to work with States
to develop more comprehensive articulation agreements and
requires the Secretary to conduct a study.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to move the study to
Title XI.
Section 493. Program Participation Agreements
The Senate amendment and the House bill move the 90/10
rule from an institutional eligibility requirement for
proprietary institutions of higher education to a Program
Participation Agreement (PPA) requirement for proprietary
institutions. Under both the Senate amendment and the House
bill, a proprietary institution must have not less than 10
percent of its revenue from sources other than Title IV funds.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment adds to the PPA a requirement that
institutions of higher education develop a ``code of conduct.''
The House requires institutions of higher education
participating in Title IV or whose students get a private
education loan to develop a ``code of conduct'' in accordance
with new requirements in Title I.
The Senate recedes.
The House bill requires that officers, employees, and
agents of institutions of higher education that have
responsibilities with respect to education loans obtain annual
training on the code of conduct.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that removes the
training requirement, but requires that officers, employees,
and agents with responsibilities with respect to education
loans be informed annually of the provisions of the code of
conduct.
The House bill requires an institution of higher
education to, upon request, disclose to the alleged victim of
any violent crime or nonforcible sex offense the final results
of any institutional disciplinary proceeding conducted against
a student who is the alleged perpetrator of such crime or
offense. The House bill also requires that this information be
provided to the alleged victim's next of kin, if the alleged
victim is deceased.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require
disclosure upon written request and that the disclosure be made
available to the next of kin only if the victim dies as a
result of the crime or offense.
Both the Senate amendment and the House bill amend
section 487(a) by adding a new paragraph which specifies
requirements applicable to institutions of higher education
that maintain a preferred lender list for loans. The Senate
amendment provision applies to preferred lender lists for loans
under Part B; while the House bill provision applies to
preferred lender lists under Part B, and also for private
educational loans if recommended by the institution of higher
education.
The Senate recedes.
The House bill requires that upon the request of a
private educational lender, acting in connection with an
application initiated by a consumer for a private educational
loan, an institution of higher education shall certify: that
the student is enrolled or is scheduled to enroll at the
institution; the student's cost of attendance; and 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. The
House bill requires the institution of higher education to
disclose the student's ability to select a private educational
lender of the borrower's choice and inform students of the
impact of a proposed private educational loan on the students'
potential eligibility for other financial assistance, including
Federal financial assistance under this title.
The Senate amendment has no similar provision.
The Senate recedes with an amendment to require the
institution to provide an applicant for a private educational
loan with the form required under Section Truth in Lending Act
and the information required to complete the form.
The Senate amendment permits the Secretary to modify
regulations regarding financial and compliance audits of
institutions of higher education located outside of the United
States. The House bill contains a similar provision that allows
the Secretary to waive these requirements for foreign
institutions of higher education whose students received less
than $500,000 in loans under Title IV during the award year
proceeding the audit period. This provision appears at a later
point in this document.
The Senate recedes.
The Senate amendment specifies what funds proprietary
institutions of higher education may count toward their ten
percent of non-Title IV revenue. The House bill specifies what
proprietary institutions may count as revenue.
The Senate recedes.
The Senate amendment requires proprietary institutions of
higher education to demonstrate that institutional revenue
includes funds from non-Title IV sources. The House bill
includes as revenue from tuition and fees, only those tuition,
fees and other institutional charges for students enrolled in
programs eligible of assistance under Title IV.
The Senate recedes with an amendment that specifies that
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 Title IV, may be
counted as institutional revenue, provided that the program is
both approved or licensed by the appropriate State agency and
is accredited by an accrediting agency recognized by the
Secretary or provides an industry-recognized credential or
certification.
The Senate amendment specifies certain institutional aid
provided to a student as institutional revenue under certain
conditions. In the case of loans made by an institution to a
student, the amount of loan repayments received by the
institution during the fiscal year for which compliance with
the 90/10 rule is determined is deemed to be institutional
revenue.
The House bill also specifies certain institutional aid
provided to students as institutional revenue. For each of an
institution's fiscal years 2009 through 2012, the principal
amount of loans made by an institution to a student, 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, and
that meet other specified conditions, are deemed to be
institutional revenue. For an institution's fiscal year 2013
and each of an institution's subsequent fiscal years, only the
amount of repayments on loans made by an institution to
students received during the fiscal year for which compliance
with the 90/10 rule is determined is deemed to be institutional
revenue.
The Senate recedes with an amendment that for loans made
by an institution, for loans disbursed to students between July
1, 2008 and July 1, 2012, the net present value of loans made
by the institution, accounted for on an accrual basis and,
estimated in accordance with Generally Accepted Accounting
Principles and related standards and guidance, and that meet
other specified conditions, are deemed institutional revenue.
The Conferees intend that for the fiscal years 2009
through 2012 when the net present value of institutional loans
can be calculated as institutional revenue that institutions
will only count as institutional revenue the net present value
of the loan in the fiscal year the loan is actually made.
In the case of scholarships provided by the institution,
the Senate amendment specifies as institutional revenue
scholarship funds that are in the form of monetary aid based
upon the academic achievements or financial need of students;
disbursed from an established restricted account; and funded by
outside sources or income earned on such funds. In addition,
the Senate amendment specifies that tuition discounts based
upon the academic achievement or financial need of students are
considered institutional revenue.
In the case of scholarships provided by the institution,
the House bill specifies as institutional revenue scholarship
funds that are in the form of monetary aid or tuition discounts
based upon the academic achievements or financial need of
students; disbursed from an established restricted account; and
funded by outside sources or income earned on such funds are
considered institutional revenues.
The Senate recedes.
In determining compliance with the 90/10 rule the House
bill requires that an institution presume that any Title IV
program funds disbursed or delivered to or on behalf of a
student are 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 grant funds provided by non-Federal public
agencies or private sources independent of the institution;
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 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 reasonably demonstrate such funds were used to
pay the student's tuition, fees, or other institutional
charges.
The Senate amendment contains no similar provision. The
Senate recedes with an amendment to provide an additional
exception to the presumption for scholarships provided by the
institution in the form of monetary aid or tuition discounts
and that meet other specified conditions and remove the
condition that institutions must demonstrate that funds from
savings plans that qualify for special tax treatment were used
to pay a student's tuition, fees, or other institutional
charges. Additionally, the Conferees clarify that, for loans
received by students between July 1, 2008 and July 1, 2011, the
amount of loan funds for 428H or Federal Direct Unsubsidized
Stafford Loans that exceed that loan limits that were in effect
prior to May 7, 2008 shall be counted as revenue received by
the institution.
The House bill specifies that certain revenues are to be
excluded by an institution in determining compliance with the
90/10 rule. Revenues to be excluded are the amount of funds
received by an institution under the Federal Work-Study
program, unless the institution uses those funds to pay a
student's institutional charges; the amount of funds received
by an institution under the Leveraging Education Assistance
Partnership program; the amount of institutional funds used by
an institution to match Title IV program funds; the amount of
Title IV program funds that must be refunded or returned; and
the amount charged by an institution for books, supplies, and
equipment unless the institution includes that amount as
tuition, fees, or other institutional charges.
The Senate amendment contains no similar provision.
The Senate recedes.
Under both the Senate and the House bills, a proprietary
institution that fails to comply with the 90/10 rule for two
consecutive years becomes ineligible to participate in Title IV
programs. Under the Senate amendment, an institution remains
ineligible until it demonstrates to the satisfaction of the
Secretary that it is in compliance with the 90/10 rule. Under
the House bill, an institution is required to demonstrate
compliance with all eligibility requirements for at least three
fiscal years following the fiscal year in which the institution
became ineligible before the institution can regain eligibility
to participate in Title IV programs.
The House and Senate recede with an amendment to modify
the sanction such that an institution may be placed on
provisional certification and may become ineligible to
participate in Title IV programs for a minimum of two
institutional fiscal years after the institutional fiscal year
the institution failed to comply with the 90/10 rule for two
consecutive fiscal years. To regain eligibility to participate
in Title IV programs, the institution must demonstrate
compliance with all eligibility requirements for at least two
institutional fiscal years after the institutional fiscal year
in which the institution failed to comply with the 90/10 rule.
The House bill requires the Secretary to submit an annual
report to the authorizing committees that contains the result
of the calculation of the percentage of revenue derived from
Title IV sources of funds for each proprietary institution.
The Senate recedes with an amendment to have the
Secretary submit such report no later than July 1, 2009 and on
July 1 of each subsequent year, a report to the authorizing
committees.
The House bill and the Senate amendment require codes of
conduct to include prohibitions on revenue-sharing
arrangements. The House bill's prohibition of revenue-sharing
arrangements encompasses both Federal and private education
loans. The Senate amendment's prohibition of revenue-sharing
arrangements applies only to Federal student loans.
The House recedes.
The House bill and the Senate amendment require codes of
conduct to include prohibitions on officers, employees or
agents of institutions of higher education, and under certain
conditions, by the families of officers, employees or agents of
institutions of higher education, soliciting or accepting gifts
from lenders, guarantors, and servicers of education loans. The
House bill includes several exceptions in the definition of
gift.
The Senate amendment includes no similar exceptions to
the definition of gift as included in the House bill.
The Senate recedes with an amendment to clarify that
philanthropic contributions that are not made for any advantage
with respect to education loans are not considered gifts for
purposes of the section.
The House bill and the Senate amendment require codes of
conduct to include prohibitions on contracting arrangements
between an officer or employee of the institution and a lender
of an affiliate of a lender. The House bill includes
exceptions, in certain limited circumstances, to allow
institution officers, employees and agents to serve on the
boards of directors of lenders, guarantors, and servicers of
education loans. Similarly, the House bill includes exceptions
that allow, under certain conditions, officers, employees and
agents of a lender, guarantor, and servicer of education loans
to serve as a trustee of an institution.
The Senate amendment includes no similar exceptions to
the prohibition.
The Senate recedes with a modification to the exception
with respect to officers, employees and agents of a lender,
guarantor, and servicer of education loans and an amendment to
clarify that the prohibition applies to consulting arrangements
or the provision of other services with respect to educational
loans.
The Senate amendment contains provision on institutional
interaction with borrowers.
The House bill contains no similar provision.
The House recedes.
The Senate amendment contains a provision on
institutional interaction with borrowers.
The House bill contains no similar provision.
The House recedes.
The Conferees recognize that some institutions list
specific lenders in financial aid award offer letters to
students. For example, in many states, public institutions of
higher education will inform students in financial aid offer
letters that they are eligible for a loan offered though their
state-based student loan agency, and the amount of such loan.
The code of conduct provision prohibiting the assignment of
loans to a specific lender, through packaging or other means,
is not intended to apply to this case, because a financial aid
award letter is an offer of aid, and a student may select the
named lender, or another lender, at the student's discretion.
Other practices, such as the distribution of loan promissory
notes to students containing a specific lender's name, are
prohibited by this provision.
The House bill prohibits an institution of higher
education from requesting or accepting any offer of funds for
private educational loans in exchange for the institution of
higher education providing the lender with a specified number
of loans or loan volume, or a preferred lender arrangement for
Title IV loans.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike language
in order to clarify that the definition of an opportunity pool
loan does not include any private loan that is guaranteed by a
covered institution of higher education (i.e., a recourse
loan).
The Conferees intend that an institution may request and
accept an offer of recourse loans but only if such request and
acceptance is not conditioned on the institution providing a
lender with a specified number of loans or loan volume, or a
preferred lender arrangement for Title IV loans.
The House bill contains a provision which bans covered
institutions of higher education from receiving staffing
assistance with financial aid.
The Senate amendment contains no similar provision.
The Senate recedes.
The House recedes with an amendment to permit lenders to
provide staffing services on a short-term, nonrecurring basis
to assist institutions with financial aid-related functions
during emergency situations.
The House bill includes a ban on employees of a financial
aid office or those with educational loan responsibilities from
participating on advisory councils of lenders or affiliates of
lenders.
The Senate amendment prohibits any employee who is
employed in the financial aid office of the institution, or who
otherwise has responsibilities with respect to education loans
or other student financial aid of the institution, and who
serves on an advisory board, commission, or group established
by a lender or group of lenders from receiving anything of
value from the lender or group of lenders, except that the
employee may be reimbursed for reasonable expenses incurred in
serving on such advisory board, commission or group.
The House recedes.
The Senate amendment requires institutions to designate
an individual responsible for fulfillment of code of conduct
requirements and to make the code of conduct widely available.
The House bill contains no similar provision.
The Senate recedes.
The Senate amendment requires the Secretary to require an
institution of higher education to develop a teach-out plan for
submission to its accrediting agency if the Secretary initiates
a limitation, suspension, or termination of the institution of
higher education in any program under Title IV or initiates an
emergency action against the institution.
The Senate amendment defines ``teach-out plan.''
The House bill contains no similar provisions.
The House recedes.
The House bill requires an Inspector General
investigation in the case of any reported violation of the gift
ban provision and an annual report to the authorizing
committees identifying all substantiated violations of the gift
ban.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike the
language requiring the Inspector General to investigate any
reported violation.
The Senate amendment and the House bill include similar
provisions to allow institutions of higher education to comply
with voter registration requirements by transmitting voter
registration information electronically to students, provided
that the electronic message only include voter registration
information; however, the Senate amendment applies only to
proprietary institutions.
The Senate recedes.
The Senate amendment and the House bill require
institutions of higher education that have preferred lender
lists to clearly and fully disclose on such lists why the
institution has included each lender on its list, especially
with respect to terms and conditions favorable to the borrower
and to make clear that the students attending the institution
of higher education (or the parents of such students) do not
have to borrow from a lender on the preferred lender list.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The House bill requires that an institution of higher
education with a preferred lender list provide no less than the
information required to be disclosed in the model disclosure
form required under Section 153.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill require that an
institution of higher education with a preferred lender list
for Federal Family Education Loans ensure, through the list of
lender affiliates provided by the Secretary, that there are at
least three lenders that are not affiliates of each other on
the list.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill requires that if an institution of higher
education recommends private loans, there are at least two
lenders of private educational loans that are not affiliates of
each other included on the list.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill ensure that
lenders are placed on the preferred lender list on the basis of
the benefits provided to borrowers including highly competitive
interest rates, high-quality customer service or additional
benefits beyond the standard terms and conditions of such
loans; however, the House bill also requires information on
criteria for selecting lenders, and information on private
loans.
Both the Senate and the House recede with an amendment to
require that institutions of higher education prominently
disclose the method and criteria used by the institution of
higher education in selecting lenders with which to enter into
preferred lender arrangements to ensure that the lenders are
selected on the basis of the best interest of the borrowers.
The House bill contains a provision which requires
lenders to exercise a duty of care and loyalty in compiling the
preferred lender list without prejudice and for the sole
benefit of borrowers; and comply with other requirements as
prescribed by the Secretary in regulation.
The Senate amendment contains no similar provisions.
The Senate recedes.
The House bill specifies that a lender shall not deny or
impede a borrower's choice of lender or delay certification for
borrowers who choose a lender not on the list. There is similar
language in the Senate code of conduct.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill define/use
`affiliate' and `control' in a similar manner. The House bill
defines `preferred lender arrangement', and defines
`educational loan' to exclude the Pilot Program for parent PLUS
Loans, Federal Direct Loan program loans, and Perkins Loans.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
The Senate amendment and the House bill require the
Secretary to maintain and update a list of lender affiliates of
all eligible lenders and to provide such lists to eligible
institutions of higher education. The Senate amendment requires
consultation by the Secretary with the Director of the Federal
Deposit Insurance Corporation.
The Senate recedes with an amendment that the Secretary
shall update such lists on a regular basis. An institution of
higher education shall be deemed to be in compliance with this
subsection if the institution of higher education uses the most
recent list published by the Secretary and in effect at the
time the preferred lender list is created or updated.
The Senate amendment provides that if an institution of
higher education has willfully contravened its attestation of
compliance with the code of conduct, the Secretary may limit,
suspend, or terminate the institution of higher education's
eligibility for the Title IV loan programs.
The House bill contains no similar provision.
The Senate recedes.
The House bill requires institutions of higher education
to establish a policy on the disposal or disposition of all
technology assets which may contain personal and sensitive
student data. The House bill defines ``technology assets.''
The Senate amendment contains no similar provisions.
The House recedes.
The House bill requires the Secretary to issue
regulations to provide for the review of an institution of
higher education's compliance with provisions governing the
enrollment of students who are not high school graduates if it
is determined through required financial and compliance audits
that more than five percent of the institution of higher
education's students were accepted for enrollment and qualified
for Title IV aid based on ability to benefit from postsecondary
education provisions.
The Senate amendment contains no similar provision.
The House recedes.
Section 494. Regulatory relief and improvement
The Senate amendment and the House bill address the
continuation of experimental sites; however, the Senate
amendment authorizes the Secretary to continue any experimental
sites in existence on the date of enactment of this Act and
requires the Secretary to discontinue any sites approved by
that date that are inconsistent with this section by June 30,
2008. The House bill requires the Secretary to continue the
participation of any experimental sites in existence on July 1,
2007, unless the Secretary determines that the site has not
been successful in carrying out the purposes of this section.
In this case, the site must be discontinued by June 30, 2009.
The Senate recedes.
Section 494A. Transfer of allotments
The Senate amendment amends existing transfer of
allotment provisions for the campus-based programs to permit
institutions of higher education to also transfer up to twenty-
five percent of their FSEOG allotment to the Federal Work Study
program.
The House bill amends existing transfer of allotment
provisions for the campus-based programs to permit institutions
of higher education to also transfer up to twenty-five percent
of their Federal Work Study allotment to federal capital
contributions for the Federal Perkins Loan program.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 494B. Purpose of administrative payments
The Senate amendment makes a wording change to language
describing the specified purpose of administrative payments for
the Pell Grant program, the campus-based programs, and the
immigration status verification system.
The House bill contains no similar provision.
The House recedes.
Section 494C. Advisory Committee on Student Financial Assistance
The Senate amendment and the House bill expand the
purpose of the Advisory Committee on Student Financial
Assistance (ACSFA) to include providing knowledge and
understanding of early intervention programs and making
recommendations that will result in early awareness for low and
moderate-income students of their eligibility for assistance.
The Senate amendment clarifies that the appointment of
members shall be effective upon confirmation by the Senate and
publication of such appointment in the Congressional Record.
The House bill contains no similar provision.
The House and Senate recede with an amendment to specify
that four members shall be appointed by the President pro
tempore of the Senate, four members shall be appointed by the
Speaker of the House of Representatives, and three members
shall be appointed by the Secretary. The appointments of
members appointed by the Senate or the House shall be effective
upon publication of the appointment in the Congressional Record
and not confirmation by the Senate.
The House bill would end ACSFA after 2011.
The Senate amendment has no similar provision.
The House recedes.
The Senate amendment requires the ACSFA to conduct a
study of innovative pathways to baccalaureate degree
attainment, such as dual enrollment, Pell program changes, and
compressed or modular scheduling, among other things.
The House has no similar provision.
The House recedes.
Section 494D. Regional meetings and negotiated rule-making
The Senate amendment adds state student grant agencies to
the list of examples of groups involved in Title IV student
financial assistance programs.
The House bill contains no similar provision.
The House recedes.
The House bill requires that participants in the
negotiated rulemaking process be selected by the Secretary from
individuals who are nominated by groups identified to provide
the Secretary with advice and recommendations on the
development of proposed regulations, and that these individuals
must have recognized legitimacy as designated representatives
of major stakeholders, sectors, and constituencies in the
higher education community.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require that the
Secretary select individuals with demonstrated expertise or
experience in the relevant subjects under negotiation and to
remove the existing qualifier that the Secretary select certain
types of individuals ``to the extent possible.''
Section 494E. Year 2000 and requirements at the department
The Senate amendment repeals Year 2000 requirements for
the Department of Education.
The House bill contains no similar provision.
The House recedes.
Section 494F. Technical amendment of income-based repayments
The House bill makes a technical amendment to the
eligibility criteria for borrowers to select the income-based
repayment plan.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that a
borrower may elect to participate in the income-based repayment
plan if their loan had been in default in the past but was
subsequently rehabilitated.
Part H--Program Integrity
Section 495. Recognition of accrediting agency or association
The Senate amendment and the House bill requires
accrediting agencies to apply and enforce standards that
respect the stated mission of the institution of higher
education, including religious missions.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill require an
accrediting agency that has or seeks to include the evaluation
of distance education programs within its scope of recognition
to demonstrate to the Secretary that its standards effectively
address the quality of distance education in the same areas in
which it is required to evaluate classroom-based programs. The
Senate amendment and House bill state that associations aren't
required to have separate standards for accrediting distance
education programs.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill does not require an accrediting agency to
obtain the approval of the Secretary to expand its scope of
accreditation to include distance education, provided that the
accrediting agency notifies the Secretary in writing about the
change.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require a review
at the next NACIQI meeting of any agency or association that
expands its scope to include the evaluation of institutions or
programs offering courses through distance education if an
institution accredited by the agency or association experiences
a growth in the enrollment increases by fifty percent or more
within the institution's fiscal year.
The Senate amendment and the House bill require
accrediting agencies to require that institutions of higher
education offering distance education programs have a process
by which the institution of higher education establishes that a
student registered for a distance education course is the same
student that participates in, completes, and receives credit
for the course.
The Conferees adopt the provision as proposed by both the
Senate and the House. The Conferees expect institutions that
offer distance education to have security mechanisms in place,
such as identification numbers or other pass code information
required to be used each time the student participates in class
time or coursework on-line. As new identification technologies
are developed and become more sophisticated, less expensive and
more mainstream, the Conferees anticipate that accrediting
agencies or associations and institutions will consider their
use in the future. The Conferees do not intend that
institutions use or rely on any technology that interferes with
the privacy of the student and expect that students' privacy
will be protected with whichever method the institutions choose
to utilize.
The Senate amendment modifies the requirement that
accrediting agencies assess an institution of higher
education's success with respect to student achievement in
relation to the institution of higher education's mission,
including, as appropriate, consideration of state licensing
examinations, and job placement rates to specify that
consideration of student achievement in relation to the
institution of higher education's mission may include different
standards for different institutions of higher education or
programs as established by the institution of higher education.
The House bill includes the same provision but lists
course completion rates as one item that should be considered.
The Senate recedes.
The Senate amendment and the House bill expand existing
due process requirements, including: specification of clear and
consistent standards; an opportunity for a written response; an
opportunity to appeal any adverse action; the right to
representation by counsel; and submission to the Secretary a
summary of actions that includes the award of accreditation or
reaccreditation of an institution of higher education and
several adverse actions.
Conferees adopt the provisions as amended, and clarify
that the due process provisions allow the institution of higher
education to put forward new evidence as long as it relates to
a financial matter.
The Senate amendment and the House bill require an
accrediting agency, as part of its accreditation or
reaccreditation reviews, to confirm that the institution of
higher education has publicly disclosed its transfer of credit
policies and that the policies specifically state the criteria
used by the institution of higher education regarding the
transfer of credit from another institution of higher
education.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill requires an accrediting agency to review
and consider an institution of higher education's response to
any review or determination and to include in any determination
a written statement addressing the institution of higher
education's response and the basis for such determination, as
well as the institution of higher education's response.
The Senate amendment contains no similar provisions.
The House recedes.
The House bill prohibits an accrediting agency from
making a determination or taking an adverse action based on an
unpublished or undocumented policy, practice, or precedent.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment requires on-site evaluations by the
accrediting agency for accreditation or reaccreditation to
include a review of the federally required information the
institution of higher education or program provides to current
and prospective students.
The House bill contains no similar provisions.
The Senate recedes.
The Senate amendment and the House bill require the
agency or association to make public decisions of accrediting
agencies or associations. The Senate amendment requires
placement on probation to be made public.
The House recedes.
The Senate amendment and the House bill require
accrediting agencies to monitor the growth of programs at
institutions of higher education that are experiencing
significant enrollment growth and also require an institution
of higher education to submit a teach-out plan for approval by
the accrediting agency if specific events occur, such as the
accrediting agency withdraws accreditation or the institution
of higher education notifies the accrediting agency that it
will be closing.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill specifically
prohibit the Secretary from establishing any criteria that
``specifies, defines, or prescribes'' standards that
accrediting agencies must use to assess any institution of
higher education's success with respect to student achievement.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill prohibit the
Secretary from issuing regulations related to the standards
used by accrediting agencies to evaluate the institution of
higher education with respect to the institution of higher
education's success with respect to student achievement,
curricula, faculty, and so forth.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill establishes a rule of construction that
states that none of the requirements that are established
related to an accrediting agency's required review of an
institution of higher education's success with respect to
student achievement, curricula, faculty, and so forth shall
restrict an accrediting agency's authority to set, with the
involvement of its members, and to apply accreditation
standards to institutions of higher education or programs that
request review by the agency. In addition, the aforementioned
requirements do not restrict the authority of an institution of
higher education to develop and use institutional standards to
show success with respect to student achievement, and these
standards must be considered as part of any accreditation
review.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 496. Eligibility and certification procedures
The Senate amendment allows a location of a closed
institution of higher education to be used as an additional
location of an institution of higher education for the purposes
of a teach-out, if the teach-out has been approved by the
institution of higher education's accrediting agency. The
Senate amendment permits an institution of higher education
that conducts a teach-out by establishing an additional
location at a closed institution of higher education to
establish a permanent location at the closed institution of
higher education.
The House bill contains no similar provisions.
The House recedes.
Section 497. Program review and data
The Senate amendment requires the Secretary to provide an
institution of higher education being reviewed with an adequate
opportunity to review and respond to any program review report
and relevant materials before any final program review report
is issued. The House bill requires the Secretary to provide an
institution with adequate opportunity to review any program
review report or audit finding before any final program review
or audit determination is reached.
The House recedes.
The House bill also specifies that an institution of
higher education can have access to documentation related to
the program review report or audit findings, such as work
papers and notes.
The Senate amendment contains no similar provisions.
The House recedes.
The Senate amendment and the House bill required the
Secretary to take into consideration the response from the
institution of higher education in any final program review
report or audit determination and include certain elements.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill require that the
confidentiality of any program review report be maintained
until the aforementioned steps are taken and a final program
review determination is issued. The Senate amendment excludes
from the confidentiality requirement the disclosures to inform
the state or accrediting agency when the Secretary takes action
against an institution of higher education. The Senate
amendment requires the Secretary to promptly disclose all
program review reports to the institution of higher education
under review.
The House recedes.
Section 498. Review of regulations
The Conferees adopt an amendment to end the requirement
that the Secretary review and report on regulations for small
institutions.
Part I--Competitive Loan Auction Pilot Program
Section 499. Competitive Loan Auction Pilot Program evaluation
The Senate amendment requires the Comptroller General to
evaluate the Competitive Loan Auction Pilot Program. The House
bill requires the Secretaries of Education and the Treasury, in
consultation with OMB, CBO, and the Comptroller General to
evaluate the Competitive Loan Auction Pilot Program.
The Senate recedes.
The House bill additionally requires the Comptroller
General to study the feasibility of using other market
mechanisms to operate the loan programs under Part B and the
feasibility of a specific alternative market-based mechanism.
The Senate amendment contains no similar provision.
The House recedes with an amendment to require the
Secretary to include in the report any recommendations based on
the findings of the evaluation for improving the operation and
administration of other loan programs under Part B.
The Conferees clarify that Guaranty Agencies may serve
the same function for lenders making PLUS loans as a result of
winning the auctions as they do for lenders in accordance with
Part B, except that loans are insured at ninety-nine percent.
TITLE V--DEVELOPING INSTITUTIONS
Section 501. Authorized activities
The Senate amendment adds remedial education and English
language instruction, articulation agreements and enhancing
distance learning academic instruction capabilities as
authorized activities.
The House bill has no similar provisions.
The House recedes.
The Senate amendment and the House bill provide for
education or information designed to improve the financial and
economic literacy of students or their parents. The Senate
amendment includes counseling services. The House bill includes
the provision of information with regard to student
indebtedness.
The Senate recedes with an amendment to allow counseling
services to be provided as a part of efforts to improve the
financial and economic literacy of students or their families.
Section 502. Postbaccalaureate opportunities for Hispanic Americans
The Senate amendment and the House bill create a new
program for promoting postbaccalaureate opportunities through
programs at Hispanic-serving institutions of higher education.
The Conferees adopt the provision.
Section 503. Applications
The Senate amendment re-designates the sections as needed
due to the addition of the section on postbaccalaureate
programs at Hispanic-serving institutions of higher education.
The House bill contains no similar provision.
The House recedes.
The Conferees recognize that despite significant growth
in the number of Hispanics pursuing graduate study, in 2005
Hispanics made up only six percent of the total number of
graduate students nationwide. Given these low rates of graduate
degree attainment, the Conferees recognize that Hispanics are
under-represented in all fields of graduate study. In addition
to increasing the number of Hispanics earning graduate degrees,
the Conferees encourage institutions of higher education
receiving grants under this Part to expand opportunities for
graduate study in fields where Hispanics are most under-
represented.
Section 504. Cooperative arrangements
The Senate amendment and the House bill contain similar
provisions regarding cooperative arrangements.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 505. Authorization of appropriations
The Senate amendment authorizes such sums as may be
necessary for fiscal year 2008 and five succeeding fiscal years
for both Part A and Part B.
The House bill authorizes $175,000,000 for Part A for
fiscal year 2009 and four succeeding fiscal years. The House
bill authorizes $125,000,000 for Part B for the same period.
The Senate recedes with an amendment to authorize
$175,000,000 for Part A and $100,000,000 for Part B for fiscal
year 2009, and such sums as may be necessary for each of the
five succeeding fiscal years.
The House bill establishes a new minimum grant of
$200,000.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike the
$200,000 minimum and require that grants be of sufficient size
and scope to significantly contribute to the educational
program of the eligible institution.
The Conferees intend that in awarding grants under this
Title such grants shall be of sufficient size and scope to
achieve the purposes of expanding the educational opportunities
for and improving the educational attainment of Hispanic
Americans and to expand and enhance academic offerings, program
quality, and institutional stability at Hispanic-serving
institutions of higher education.
PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
Section 511. Purposes
The House bill includes a section designating the
purposes of the new program for promoting postbaccalaureate
opportunities at Hispanic-serving institutions of higher
education.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 512. Program authority and eligibility
The Senate amendment and the House bill contain similar
provisions regarding program authority and eligibility. The
House bill provides that the Secretary shall award competitive
grants to Hispanic-serving institutions of higher education
determined by the Secretary to be making substantive
contributions to graduate educational opportunities for
Hispanic students.
The House recedes.
Section 513. Authorized activities
The Senate amendment and the House bill contain similar
activities for postbaccalaureate Hispanic-serving institutions
of higher education.
The Senate recedes.
Section 514. Application and duration
The Senate amendment and the House bill contain similar
provisions regarding application and duration requirements.
The House recedes.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Section 601. Findings; purposes; consultation; survey
The Senate amendment renames Section 601 of the HEA,
adding the words ``Consultation'' and ``Survey'' to the
heading.
The House bill contains no similar provision.
The House recedes.
The Senate amendment and the House bill delete the term
``post-Cold War'' from the findings.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill include linkages
with overseas institutions of higher education as an additional
purpose of this section. The House bill also includes linkages
to organizations that contribute to the educational programs
assisted under this Part.
The House recedes.
The House bill includes international business and trade
competitiveness as an additional purpose of this section.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment adds a new subsection that requires
the Secretary to consult with officials from a wide range of
federal agencies when determining the national need for foreign
languages, and to take the recommendations into account when
soliciting applications.
The House bill contains no similar provision.
The House recedes with an amendment to strike the
requirement that federal ``agencies shall provide information
to the Secretary regarding how the agencies utilize expertise
and resources provided by grantees under this Title,'' and to
permit, rather than require, the Secretary to take the
recommendations into account when soliciting applications.
The Senate amendment adds a new subsection that requires
the Secretary to develop and administer a survey to get
information on postgraduation placement.
The House bill contains no similar provision.
The House recedes with an amendment to ensure that the
survey is conducted once every two years and is administered to
students who have ``completed'' rather than ``participated in''
a program supported under this Title.
Section 602. Graduate and undergraduate language and area centers and
programs
The Senate amendment and the House bill add support for
instructors of the less commonly taught languages to the list
of authorized activities for the National Language and Area
Centers.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill authorizes projects that support students'
understanding of science and technology in coordination with
foreign language proficiency.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to authorize
``projects that support students in the science, technology,
engineering, and math fields to achieve foreign language
proficiency.''
The House bill includes partnerships with ``colleges of
education and teacher professional development'' as an
additional purpose for Outreach Grants.
The Senate amendment contains no similar provision.
The House recedes.
The House bill includes partnerships with federal and
state governmental entities as an additional purpose for
Outreach Grants.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill modifies the purposes for Summer
Institutes, by striking ``foreign area'' and inserting ``area
studies'' in its place, and striking ``of linkage and
outreach.''
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment and the House bill include
partnerships or linkages with local educational agencies as an
additional purpose for Outreach Grants. The Senate amendment
includes ``State educational agencies'' and the House bill
includes private and public elementary and secondary schools.
The House bill adds dissemination of materials as an additional
purpose for Outreach Grants.
The House recedes.
The Senate amendment includes ``scholarship programs for
students in related areas'' as part of the purpose of linkage
and outreach to federal and state governmental entities.
The House bill contains no similar provision.
The House recedes.
The House bill adds ``Undergraduate'' to the name of the
Graduate Fellowships program. The Senate amendment strikes
``Graduate'' from the name.
The House recedes.
The Senate amendment and the House bill have similar
provisions that make eligible undergraduates engaged in
``intermediate or advanced study of a less commonly taught
language'' and continue eligibility for graduate students
engaged in pre-dissertation study, dissertation research, and
dissertation writing.
The House recedes.
The Senate amendment amends the subsection on
``Allowances'' to add undergraduate expenses for educational
programs in the United States and abroad.
The House bill contains no similar provision.
The House recedes.
The Senate amendment includes additional application
requirements for all Graduate and Undergraduate Language and
Area Centers and Programs.
The House bill contains no similar provision.
The House recedes with an amendment to strike the
requirement that ``[e]ach application shall also describe how
the applicant will address disputes regarding whether
activities funded under the application reflect diverse
perspectives and a wide range of views.''
Section 603. Language resource centers
The House bill amends section 603(c) of the HEA to
require that grants under this section also ``reflect the
purposes of this Part''.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 604. Undergraduate international studies and foreign language
programs
The House bill replaces all occurrences of the term
``combinations'' in section 604(a)(1) of the HEA with
``consortia.''
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill renames, as an authorized use of funds
under section 604(a)(2) of the HEA, ``teacher training'' as
``teacher professional development.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to retain ``teacher
training'' as an authorized use of funds, insert ``pre-
service'' before ``teacher training'', and ``in-service''
before ``teacher professional development.''
Both the Senate amendment and the House bill restrict
grantees from using any more than ten percent of the grant for
this purpose.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill authorizes funds to be used for
partnerships with ``local educational agencies and public and
private elementary and secondary education schools.'' Under
current law funds may be used for partnership with ``elementary
and secondary education institutions.''
The Senate amendment contains no similar provision.
The House recedes.
The House bill authorizes the Secretary to waive the non-
federal matching requirement for any eligible institution that
demonstrates need for a waiver or reduction.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires that grants allowed under
subsection (a)(6) ``reflect the purposes of this Part.''
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment amends the application requirements
to include details on how scholarship information will be
provided to students, how the funded activities reflect diverse
perspectives and a range of views, and how the applicant will
address disputes and encourage service.
The House bill contains no similar provision.
The House recedes with an amendment to strike the
requirement that an applicant describe how it will address
disputes.
The House bill requires the Secretary to establish
requirements for program evaluations and requires grant
recipients to submit annual reports that evaluate the progress
and performance of students participating in programs assisted
under subsection (a).
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment raises the current ten percent
limitation to twenty percent and limits the use of funds for
section 604(a)(2)(I) to not more than ten percent of a grant.
The House bill repeals the current provision restricting the
Secretary from using no more than ten percent of the funds
appropriated for Title VI-A to award grants under Section 604.
The House recedes.
Section 605. Research; studies
The Senate amendment amends the provision regarding the
study of the international education programs to authorize
research or studies that may include an ``evaluation of the
extent to which programs assisted under this title reflect
diverse perspectives and a wide range of views and generate
debate on world regions and international affairs.''
The House bill contains no similar provision.
The House recedes with an amendment adding at the end of
the provision ``as described in the grantee's application.''
The Senate amendment and the House bill amend the
provision to authorize research or studies that may include
``the systematic collection, analysis, and dissemination of
data.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment amends the provision to authorize
research or studies that may include ``support for programs or
activities to make data collected, analyzed, or disseminated
under this section publicly available and easy to understand.''
The House bill contains no similar provision.
The House recedes.
Section 606. Technological innovation and cooperation for foreign
information access
The House bill authorizes the Secretary to provide
technological innovation grants to ``partnerships'' between
``institutions or libraries and nonprofit educational
organizations including museums.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike
``including museums''.
The Senate amendment and the House bill authorize grants
using ``electronic technologies to collect, organize, preserve,
and widely disseminate'' specified information ``from foreign
sources.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment authorizes the Secretary to provide
grants for partnerships with not-for-profit educational
organizations.
The House bill contains no similar provision.
The House recedes with an amendment to replace ``not-for-
profit'' with ``nonprofit''.
The Senate amendment and the House bill amend the list of
authorized activities to include acquiring foreign information
resources.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill amend the list of
authorized activities to include establishing linkages between
grantees and libraries, museums, organizations, or institutions
of higher education located overseas.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment and the House bill amend the list of
authorized activities to include other activities consistent
with the purposes of this section.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment adds ``library'' as an entity that
may submit an application.
The House bill contains no similar provision.
The House recedes.
The House bill authorizes the Secretary to waive or
reduce the non-federal matching requirement.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to establish a
special rule under a new Section 623 of the HEA granting the
Secretary the authority to waive or reduce all of the non-
federal matching requirements under this title.
Section 607. Selection of certain grant recipients
The Senate amendment clarifies the current provision on
the Secretary's authority to award competitive grants under
Section 602 of the HEA.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends the selection criteria by
requiring the Secretary to consider an applicant's efforts to
place and record of placing students into service in areas of
national need.
The House bill contains no similar provision.
The House recedes.
The House bill amends the selection criteria by requiring
the Secretary to consider the extent to which applicants
``address national needs, generate and disseminate information,
and foster debate on international issues.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to insert an ``and''
after ``address national needs'', and replace ``, and foster
debate on international issues'' with ``to the public''.
The House bill requires that grants under Section 602
reflect the purposes of this Part.
The Senate amendment contains no similar provision.
The House recedes.
Section 608. American overseas research centers
The Senate amendment adds an application requirement for
grants to American overseas research centers.
The House bill contains no similar provision.
The House recedes.
Section 609. Authorization of appropriations for international and
foreign language studies
The Senate amendment authorizes such sums as may be
necessary for fiscal year 2008 and for the five succeeding
fiscal years.
The House bill authorizes appropriations of $80,000,000
for fiscal year 2009 and such sums as may be necessary for the
four succeeding fiscal years.
The House recedes with an amendment to authorize such
sums as may be necessary for 2009 and each of the five
succeeding fiscal years.
Section 610. Conforming amendments
The House bill replaces all occurrences of the term
``combinations'' in sections 603(a), 604(a)(5), and 612 of the
HEA with ``consortia.''
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill replaces all occurrences of the term
``combination'' in Section 612 of the HEA with ``consortium''.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 611. Business and international education programs
The House bill adds ``manufacturing software systems,
technology management'' to the authorizing language for Centers
for International Business Education under Section 612 of the
HEA.
The Senate amendment contains no similar provision.
The House recedes.
The House bill includes Historically Black Colleges and
Universities (HBCUs) and Hispanic-Serving Institutions (HSIs)
of higher education as eligible recipients of grants to conduct
permissible outreach activities.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill adds programs and activities ``encouraging
the advancement and understanding of cultural, technological
management, and manufacturing software systems'' to the list of
permissible outreach activities.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike all that
follows after ``understanding of'' in the House bill and
replace with ``technology-related disciplines.''
The House bill authorizes the Secretary to waive or
reduce the non-federal matching requirement.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to establish a
special rule under a new Section 623 of the HEA granting the
Secretary the authority to waive or reduce all of the non-
federal matching requirements under this title.
The Senate amendment amends Section 612(f)(3) of the HEA
to authorize the Secretary to require applicants to make
``diverse perspectives'' available to students.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends the application requirements
in Section 613 of the HEA for education and training programs
to require applicants to assure that ``the activities funded by
the grant will reflect diverse perspectives and a wide range of
views on world regions and international affairs.''
The House bill contains no similar provision.
The House recedes.
The House bill authorizes the Secretary to waive or
reduce the non-federal matching requirement.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to establish a
special rule under a new Section 623 of the HEA granting the
Secretary the authority to waive or reduce all of the non-
federal matching requirements under this title.
The Senate amendment authorizes the Centers for
International Business and the Educational and Training
Programs at such sums as necessary for fiscal year 2008 and the
five succeeding fiscal years.
The House bill authorizes the Centers for International
Business at $11,000,000 for fiscal year 2009 and such sums as
necessary for the four succeeding fiscal years. The House bill
authorizes the Educational and Training Programs at $7,000,000
for fiscal year 2009 and such sums as necessary for the four
succeeding fiscal years.
The House recedes with an amendment to authorize such
sums as may be necessary for fiscal year 2009 and each of the
succeeding five years.
Section 612. Minority foreign service professional development program
The House bill renames the program established by Section
621 of the HEA, the ``Program for Foreign Service
Professionals.''
The Senate amendment contains no similar provision.
The House recedes.
The House bill modifies the provision on the
establishment of the Institute for International Public Policy
by requiring the Institute to increase the participation of
``underrepresented populations in the international service'',
including ``the international commercial service''.
The Senate amendment contains no similar language.
The Senate recedes with an amendment to strike ``the
international commercial service.''
The House bill expands eligibility under Section 621 of
the HEA to include Tribally Controlled Colleges or
Universities, Alaska Native, Native Hawaiian, and Hispanic-
serving institutions of higher education.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include programs
eligible for assistance under Part A and B of Title III or
Title V.
The Senate amendment amends the application requirements
under Section 621 to require applicants to describe how their
activities ``will reflect diverse perspectives and a wide range
of views on world regions and international affairs, where
applicable.''
The House bill contains no similar provision.
The House recedes with an amendment to add ``and generate
debate'' after ``range of views''
The Senate amendment authorizes the Secretary to waive or
reduce the non-federal matching requirement.
The House bill contains no similar provision.
The Senate recedes with an amendment to establish a
special rule under a new Section 623 of the HEA granting the
Secretary the authority to waive or reduce all of the non-
federal matching requirements under this Title.
Section 613. Institutional development
The Senate amendment expands the list of programs
eligible institutions will be enabled to strengthen under
Section 622 of the HEA, including ``international business, and
foreign language study programs''.
The House bill contains no similar provision.
The House recedes.
The Senate amendment and the House bill contain similar
provisions that include ``collaboration'' among institutions of
higher education to the institutional development goals under
Subsection (a).
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment deletes definitions for
``historically Black college or university'' and ``Tribally
Controlled College or University'' in Section 622(c) of the
HEA.
The House bill contains no similar provision.
The House recedes with an amendment to relocate these
definitions in Section 631 of the HEA.
Section 614. Study abroad program
The Senate amendment deletes references to definitions
for ``historically Black college or university'' and ``tribally
controlled Indian community colleges'' in Section 623 of the
HEA.
The House bill contains no similar provision.
The House recedes with an amendment to relocate these
definitions in Section 631 of the HEA.
The House bill adds ``Alaska Native-serving, Native
Hawaiian-serving, and Hispanic-serving institutions'' to the
program authorizing language under Section 623 of the HEA.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to replace
``tribally controlled Indian community colleges'' with
``tribally controlled colleges or universities''.
Section 615. Advanced degree in international relations
The Senate amendment and the House bill contain similar
provisions to replace ``master's'' with ``advanced'' degree in
the program heading and in the second sentence of the program
authorization of Section 624 of the HEA.
The Conferees adopt the provision as proposed by both the
Senate and the House with technical revisions.
The Senate amendment amends the first sentence of the
program authorizing provision by inserting ``, and in
exceptional circumstances, a doctoral degree,'' after
``master's degree''. The House bill amends the first sentence
by replacing ``a master's degree'' with ``an advanced degree''
and including the additional subjects of ``international
affairs, international economics, or other academic areas
related to the Institute fellow's career objectives.''
The Senate recedes.
Section 616. Internships
The Senate amendment deletes references to definitions
for ``historically Black college or university'' and ``tribally
controlled Indian community colleges'' in Section 625 of the
HEA.
The House bill contains no similar provision.
The House recedes with an amendment to relocate these
definitions in Section 631 of the HEA.
The Senate amendment replaces internships with the
``United States Information Agency'' with ``the Department of
State.''
The House bill contains no similar provision.
The House recedes.
The House bill adds ``Alaska Native-serving, Native
Hawaiian-serving, and Hispanic-serving institutions'' to the
program authority.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill deletes the provision requiring that the
Interagency Committee on Minority Careers in International
Affairs assist in the internship program.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment deletes the position of Associate
Director for Education and Cultural Affairs of the United State
Information Agency.
The House bill contains no similar provision.
The House recedes.
The House bill names the students participating in
internships authorized under Section 625 of the HEA as Ralph J.
Bunche Fellows.
The Senate amendment contains no similar provision.
The House recedes.
Section 617. Financial assistance
The Senate amendment authorizes financial assistance
under Part C of this Title for summer stipends and Ralph Bunche
Scholarships.
The House bill contains no similar provision.
The House recedes.
Section 618. Report
The Senate amendment and the House bill change the annual
report on Part C to a biennial report.
The Senate and the House recede with an amendment to
replace ``biennially'' with ``once every two years.''
Section 619. Gifts and donations
The Senate amendment amends the provision on gifts and
donations under Part C to conform to its redesignation as
Section 628.
The House bill contains no similar provision.
The House recedes.
Section 620. Authorization of appropriations for the Institute for
International Public Policy
The Senate amendment authorizes such sums as may be
necessary to carry out Part C of this Title for fiscal year
2008 and the five succeeding fiscal years.
The House bill authorizes $10,000,000 to carry out Part C
of this Title for fiscal year 2009 and such sums as may be
necessary for the four succeeding fiscal years.
The House recedes with an amendment to authorize such
sums as may be necessary for 2009 and the five succeeding
fiscal years.
Section 621. Definitions
The Senate amendment deletes the current definition of
``critical languages'' and re-designates the current
definitions under Section 631 of the HEA.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends ``comprehensive language and
area center'' to be ``comprehensive foreign language and area
or international studies center.'' The Senate amendment adds a
definition for ``historically Black college and university.''
The Senate amendment adds a definition for ``tribally
controlled college or university.'' The Senate amendment amends
``undergraduate language and area center'' to be
``undergraduate foreign language and area or international
studies center.''
The House bill contains no similar provisions.
The House recedes.
Section 622. New provisions
The Senate amendment authorizes the Secretary to assess
grantees' compliance with the conditions and terms of Title VI,
and includes a rule of construction that provides that this
Title shall not be construed to authorize the Secretary to
control an institution of higher education's instructional
program for the purposes of Title VI.
The House bill contains no similar provision.
The House recedes with an amendment to strike reference
to the role of complaints in renewing grants under this
Section.
The Senate amendment and the House bill add a new Section
633 that authorizes the Secretary to use no more than one
percent of the funds appropriated for Title VI to conduct
specified activities relating to the programs authorized under
this Title.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The Senate amendment requires that the Secretary provide
to the authorizing committees a biennial report that identifies
areas of national need in foreign language, area, and
international studies and a plan to address those needs.
The House bill contains no similar provision.
The House recedes with an amendment to replace
``biennially'' with ``once every two years.''
The House bill includes a provision regarding student
safety policies while studying abroad.
The Senate amendment contains no similar provision.
The House recedes.
Section 637. Science and technology advanced foreign language education
grant program
The House bill adds a new program to support the
development of innovative programs for teaching foreign
languages and to emphasize attaining an understanding of
science and technological developments in non-English speaking
countries.
The Senate amendment contains no similar provision.
The House bill authorizes such sums as may be necessary
for fiscal year 2009 and each of the four succeeding fiscal
years.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that authorizes such
sums as may be necessary for fiscal year 2009 and for each of
the five succeeding fiscal years.
Section 638. Reporting by institutions
The House bill adds a new reporting requirement for Title
VI-funded centers or programs at an institution of higher
education that receive funds valued at more than $1,000,000
from a ``foreign government or private sector corporation,
foundation, or any other entity or individual (excluding
domestic government entities) during any fiscal year.'' Such
institutions of higher education must report, as part of the
Integrated Postsecondary Education Data System (IPEDS) data
collection, the names and addresses of such contributors and
the amount given.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike
``$1,000,000'' and replace with ``$250,000'', to delete the
data collection requirement as part of the IPEDS and to require
that information required under this section be publicly
available. The conferees intend for the Department of Education
to ensure the integrity of the reporting requirements under
this Title and Section 117. In particular the conferees are
concerned that donations are reported and categorized
correctly. It is the intent of Congress that the Department of
Education guidance prohibit avoidance of the disclosure of
foreign gifts through the utilization of domestic conduits or
through the reimbursement of domestic entity contributions.
The House bill requires the Secretary to establish a
foreign language marketing campaign.
The Senate amendment contains no similar provision.
The House recedes.
TITLE VII--GRADUATE & POSTSECONDARY IMPROVEMENT PROGRAMS
Section 701. Purpose
The Senate amendment adds specific language areas to
further define ``areas of national need'' under the purpose of
Title VII.
The House bill contains no similar provision.
The House recedes with an amendment to include technology
in the list of critical security needs.
Section 702. Jacob K. Javits Fellowship Program
The House bill gives institutions of higher education
additional discretion to allow for Javits Fellows to interrupt
their study due to exceptional circumstances for up to one year
(or longer if called to active military service), without
payment of the fellowship stipend.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment amends this section to require the
Secretary to appoint a board consisting of nine individuals.
The House bill contains no similar provision.
The House recedes.
The Senate amendment adds to the qualifications of
members of the Jacob K. Javits Fellows Program Fellowship Board
(hereinafter referred to as ``the board'') based on geographic
distribution of members, institutional affiliation, and
representation from minority institutions of higher education,
as defined in Section 365.
The House bill includes similar provisions, and specifies
that at least one member of the board must represent an
institution of higher education eligible for grants under
Titles III or V.
The House recedes with an amendment to clarify that board
representatives from minority institutions of higher education
be from institutions of higher education eligible for grants
under Titles III or V.
The House bill specifies that the stipend amount is to be
set at the comparable level on February 1 of the academic year
of the recipient's first award. This provision applies to
awards for academic year 2009-2010 and later. The House bill
redefines the institutional allowance paid to institutions of
higher education by replacing a reference to a previous version
of the Higher Education Act. The House bill also clarifies that
the Consumer Price Index used for calculating inflationary
increases is to be the All Urban Consumers index.
The Senate amendment has no similar provisions.
The Senate recedes with an amendment to strike ``All
Urban Consumers'' and strike ``on February 1st of such academic
research year.''
The House bill specifies that a Masters of Fine Arts
degree is to be considered a terminal degree for the purpose of
establishing eligibility for a Javits Fellowship.
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment extends the Javits program
authorization from fiscal year 2008--fiscal year 2013. The
Senate amendment amends the authorization level by removing any
specified level.
The House bill extends the Javits program authorization
from fiscal year 2009--fiscal year 2013. The House bill retains
a specified level ($30,000,000) for the first year of
authorization (fiscal year 2009).
The Senate recedes with an amendment to extend the
authorization through fiscal year 2014.
Section 703. Graduate assistance in areas of national need
The Senate amendment and the House bill redefine ``areas
of national need'' for the purpose of identifying eligible
grantees for GAANN.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill adds a priority for specified purposes to
support programs preparing professors to become faculty of
teacher education programs in specified fields (math, science,
special education, and limited English proficiency). The House
bill requires grant applications from teacher education
programs to include plans for collaboration with other academic
programs.
The Senate amendment contains no similar provision.
The House recedes.
The Conferees recognize the Graduate Assistance in Areas
of National Need (GAANN) program has been amended to include a
subsection which directs the Secretary to consider an
``assessment of the current and future professional workforce
needs of the United States'' when selecting GAANN designated
fields. In 2007, the U.S. Bureau of Labor Statistics projected
that more than one million new and replacement nurses will be
needed by 2016. A significant contributing factor to the
nursing shortage is the need for nurse faculty. According to
the American Association of Colleges of Nursing, the national
nurse faculty vacancy rate in baccalaureate and graduate
schools of nursing is 8.8%. Given the revisions to this program
and the national shortage of nurses and nurse educators, we
respectfully request that the Secretary continue to select
nursing as a discipline covered under the GAANN program.
The Senate amendment and the House bill clarify that the
stipend levels for the GAANN program are equal to the National
Science Foundation Graduate Research Fellowship Program.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill further specifies the stipend amount is to
be set at the comparable level on February 1 ``of such academic
year.''
The Senate amendment contains no similar provision.
The House recedes.
The Senate amendment specifies that this provision
applies to awards for 2008-2009 and later. The House bill
specifies that this provision applies to awards for 2009-2010
and later.
The Senate recedes.
The Senate amendment updates the years from which
institutional payments are based beginning in 2007-2008.
The House bill updates the years from which institutional
payments are based beginning in 2008-2009, and ties the
payments to the All Urban Consumers Price Index.
The Senate recedes with an amendment to strike the
reference to the All Urban Consumers Price Index.
The Senate amendment amends the authorization level by
removing any specified level for the first year of
authorization (fiscal year 2008).
The House bill retains a specified level ($35,000,000)
for the first year of authorization (fiscal year 2009).
The Senate recedes with an amendment to extend the
authorization through fiscal year 2014.
The House bill makes technical amendments to Section
714(c) to correct incorrect references to other provisions.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill adds language to clarify that master's
degree programs are included in academic programs eligible for
GAANN.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include doctoral
degrees in definition of eligible programs in addition to
master's degrees.
The House bill adds language to specify that a GAANN
fellowship recipient must pursue the highest possible degree in
their field that is offered by the institution of higher
education.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 704. Thurgood Marshall Legal Educational Opportunity Program
The Senate amendment and the House bill make similar
changes to the Thurgood Marshall Legal Educational Opportunity
program, expanding eligibility for services to students seeking
``admission to law practice.'' In so doing, the Senate
amendment refers to ``secondary school students'' while the
House bill refers to ``middle and high school students.''
The House recedes. The Conferees intend that ``secondary
school'' encompass both middle schools and high schools.
The Senate amendment expands the description of a grant
activity to include preparing students for successful
completion of a baccalaureate program for study at accredited
law schools.
The House bill includes similar changes.
The House recedes.
The Senate amendment expands the description of a grant
activity to include pre-college and summer academic programs.
The House bill contains no similar provision.
The House recedes.
The Senate amendment expands eligibility for subgrants to
bar associations.
The House bill contains no similar provision.
The House recedes.
The Senate amendment amends stipend authorization
language to include Thurgood Marshall program associates.
Stipend recipients must maintain satisfactory progress towards
the Juris Doctor or Bachelor of Laws degree, as determined by
the respective institution. The Senate amendment exempts
graduates in bar preparation courses from meeting this
requirement.
The House bill contains no similar provision.
The House recedes.
The Senate amendment removes an explicit appropriation
level authorization and authorizes the program for fiscal year
2008-fiscal year 2013.
The House bill retains the authorization level of
$5,000,000 per year and authorizes the program for fiscal year
2009-fiscal year 2013.
The Senate recedes with an amendment to extend the
authorization through fiscal year 2014.
The House bill repeals an expired continuation provision.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 705. Sense of Congress
The Senate amendment and the House bill establish a new
program to award competitive grants to institutions for
fellowships to minorities and women seeking doctoral degrees
with the intent of entering the professoriate under Title VIII.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to add a Sense of the
Congress regarding the importance of inter-institutional
cooperation in addressing the under-representation of women and
minorities in the higher education professoriate.
Section 706. Masters degree programs at Historically Black Colleges and
Universities and Other Minority Serving Institutions
The House bill establishes a new program to provide
competitive grants to qualifying master's degree programs at a
specified list of Historically Black Colleges and Universities
and Minority Serving Institutions to provide fellowships to
students in specified STEM and health fields.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to create a program
for Historically Black Colleges and Universities under section
723, a program for Predominantly Black Institutions under
section 724, and to authorize appropriations for both programs
under section 725 and to allow grantees to expand the uses of
funds.
The Conferees acknowledge that this new authorization
dramatically expands the focus on graduate education at the
Historically Black Colleges and Universities (HBCUs) by
expanding the number of institutional participants in the Title
III, B Section 326 Historically Black Graduate Institution
program, and by creating two new masters degree programs in
Title VII that serve the Black student community. The Conferees
believe that this expansion is warranted in light of the need
to dramatically increase the number of minorities, especially
African Americans, earning degrees in the physical and natural
sciences, computer science, information technology,
engineering, mathematics, nursing and allied health, as well as
in medicine, veterinary medicine, dentistry, pharmacy, and law.
Currently, Title III, B provides grants for undergraduate
programs at HBCUs and doctoral and first professional degree
programs at HBCUs. Conferees acknowledge that there has been
confusion in recent years regarding the Section 326 program and
wish to make clear that the focus and intent of the section 326
program is to support doctoral and first professional degree
programs at eligible HBCUs.
Recognizing the importance of increasing the number of
African Americans holding master's degrees, with this
reauthorization, Conferees are creating two master's degree
programs to further advance educational opportunities for
African Americans. Moreover, the Conferees are committed to
increasing funds for the existing Strengthening Historically
Black Colleges and University (Section 323) program in order to
assure that a strong ``pipeline'' of qualified baccalaureate
degree holders is available to compete for acceptance into HBCU
graduate and professional schools, as well as other graduate
and professional schools throughout the United States. This
should begin by assuring that the infusion of $85 million in
additional funds provided to HBCUs through the College Cost and
Reduction Act is retained and used to supplement, and not
supplant the $238.1 million in discretionary Title III, B
funds.
Conferees recognize the vital role HBCUs play in our
nation's system of higher education. Following passage of the
Civil Rights Act of 1964, Congress in 1965 created distinct
federal support for HBCUs which, in the face of legally
sanctioned discrimination, had worked to raise the educational
outcomes of African Americans. Although HBCUs represent just
three percent of all colleges and universities in the nation,
HBCUs account for 21.6% of all baccalaureate degrees awarded to
Black Americans, 11.4% of all master's degrees, and 10.8% of
all doctoral degrees. Additionally, HBCUs year in and year out
dominate the top 10 lists of colleges and universities in the
awarding of baccalaureate and graduate degrees awarded to Black
Americans in the sciences and engineering.
Conferees also recognize the significant role that
Predominantly Black Institutions (PBIs) have in providing
postsecondary education. These institutions are ineligible for
funding under Title III, B because they do not meet the
definition of an HBCU which Congress established when HBCUs
were first recognized by Congress in 1965. Nevertheless,
Conferees recognize that PBIs represent an important cadre of
four-year and two-year institutions that serve as the access
point for a growing number of urban and rural Black students
whose family and financial situations limit their ability to
gain access to college in many states. Many of these students
come from low-income families and are also ``first generation''
college students, whose educational preparation for college and
family finances to pay for college present special challenges
to educational success. PBIs are meeting vital higher education
needs for traditionally underrepresented students, a
disproportionate number of whom are African American. The
master's program for PBIs aims to serve the needs of a growing
number of students seeking to expand their educational
opportunities. This program will work hand in hand with the
undergraduate PBI program and serve as a pipeline for
underrepresented and underserved populations to go on to and
pursue a master's degree.
Conferees recognize that both HBCUs and PBIs contribute
to the development of Black master's professionals. Conferees
respect the historical and distinct differences between these
types of institutions; at the same time, Conferees recognize
that both serve similar communities.
For this reason, Conferees intend that future
appropriations authorized under section 725 for each program
represent the proportionate number of eligible institutions in
sections 723 and 724 relative to the total number of
institutions in subpart 4 and in accordance with the minimum
grant provisions (sections 723(a) and 724(a)), funding rule
provisions (sections 723(f) and 724(f)), and hold harmless
provisions (sections 723(g) and 724(g)) in each program. This
will ensure equitable levels of funding for each program and
will encourage stakeholders to work together to secure
resources. An institution shall not receive more than one grant
under section 723 or 724 for the same fiscal year. Grants may
periodically be renewed for a period of time to be determined
by the Secretary.
Section 707. Fund for the Improvement of Postsecondary Education
The House bill amends the FIPSE authority by placing an
emphasis on providing opportunities for non-traditional student
populations and emphasizing joint efforts that provide ``for
academic credit.''
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to encourage
improved opportunities for all students, including non-
traditional students and add to the purpose to create programs
involving paths to career and professional training, including
efforts that provide academic credit for programs and
combinations of academic and experiential learning.
The Senate amendment and the House bill amend the stated
grant purposes pertaining to supporting technology of
communications, including delivery of distance education, but
the Senate explicitly includes ``health professions serving
medically underserved populations.''
The House recedes.
The House bill amends the FIPSE authority by changing
``institutions'' to ``postsecondary institutions.''
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment adds to the FIPSE authority to
include remedial postsecondary English language instruction.
The House bill adds to the authority to support and assist
partnerships between institutions of higher education and
secondary schools that have not less than ten percent of the
schools' enrollment assessed as late-entering limited English
proficient students.
The Senate and the House recede with an amendment to
adopt both new additions with an amendment to strike the ten
percent requirement and replace that criterion with ``secondary
schools that have a significant population identified as late-
entering limited English proficient.''
The Senate amendment and the House bill amend the FIPSE
authority by adding the development of institutional consortia
to design and offer curricular programs that focus on poverty
and human capabilities, which includes a service-learning
component.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill amends FIPSE authority by adding the
following programs: assessment of teacher education programs;
reduction of illegal downloading of copyrighted content;
promoting fire safety in student housing; assessing the
feasibility of an inter-institutional monitoring organization
on gender and racial equality in campus faculty administration;
demonstration projects for homeless and former foster students
to provide housing during academic breaks; and promoting
diversity in the entertainment industry.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to strike the
assessment of teacher education programs, illegal downloading,
fire safety in student housing, and an inter-institutional
monitoring organization on gender and racial equality.
The Senate amendment and the House bill establish a
Center for Best Practices To Support Single Parent Students.
The Conferees adopt the provision as proposed by both the
Senate and the House.
The House bill amends FIPSE to require that funds made
available under FIPSE are not to be given to students who are
not citizens, permanent residents, a citizen of one of the
Freely Associated States, or are otherwise in the United States
not temporarily to seek citizenship or residency, or to
institutions of higher education not meeting certain energy
efficiency standards for new construction.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to: create a
priority under FIPSE for institutions of higher education that
meet certain energy efficiency standards for new construction;
and clarify that only funds made available under FIPSE for the
purpose of providing direct financial assistance to an
individual student are to be limited to eligible citizens, in
order to align student eligibility for grants under the FIPSE
program with Title IV eligibility.
The Conferees do not intend to limit funds that are made
available under FIPSE for programs that are provided to
citizens and non-citizen students together, such as an
institution wide program or, to exclude non-citizens from such
program.
The Senate amendment and the House bill add a new
scholarship program under FIPSE for dependent children and
spouses of
post-9/11 veterans killed or disabled in duty and current
active duty military personnel. The Senate amendment describes
spousal eligibility; caps scholarships at $5,000; and accounts
for cost of attendance--disallowing the scholarship and other
non-loan based aid to exceed cost of attendance. The House bill
describes spousal eligibility in a substantively similar way to
the Senate and caps scholarships at $5,000. The Senate
amendment and the House bill include a provision that nonprofit
organizations receiving a contract under this subsection may
not use more than one percent of funds for administrative
costs.
The Senate recedes with an amendment to ensure the grant
does not exceed the cost of attendance.
The House bill substitutes references to the Director of
FIPSE with references to the Secretary, and eliminates
requirements to establish FIPSE grant and contracting
procedures.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment amends the areas for national need
for which grants for special FIPSE projects may be awarded to
include instructional improvement and assessment and specifies
model programs to include model core curricula.
The House bill amends the areas for national need for
which grants for special FIPSE projects may be awarded to
include courses in American and world history and other core
subjects, and support centers for quality and safety in
preparing medical and nursing students.
The House recedes with an amendment to include support
for centers for medical quality.
The Senate amendment removes any specific authorization
level for FIPSE and extends authorization for fiscal year 2008-
fiscal year 2013.
The House bill raises authorization for the fiscal year
2009 to $40,000,000 and such sums as may be necessary for
fiscal year 2009-fiscal year 2013.
The Senate recedes with an amendment to extend the
authorization through fiscal year 2014.
Section 708. Repeal of the Urban Community Service Program
The Senate amendment repeals the Urban Community Service
Program.
The House bill repeals the Urban Community Service
Program and replaces it with an ``Urban-Serving Research
Universities'' program to expand research and other urban-
service initiatives in partnerships with other public non-
profit organizations. The program is authorized for $50,000,000
per year for fiscal year 2009-fiscal year 2013.
The House recedes.
Section 709. Programs to provide students with disabilities with a
quality higher education
Both the Senate amendment and the House bill amend Part D
of Title VII.
The Conferees adopt the provisions with the following
amendments.
The Senate amendment and House bill make similar changes
to the program supporting postsecondary faculty in educating
students with disabilities in Part D of Title VII, and
establish a new comprehensive transition program for students
with intellectual disabilities, as well as a coordinating
center for technical assistance, evaluation, and development of
accreditation standards to support such transition programs.
The Senate amendment also amends the program supporting
postsecondary faculty in educating students with disabilities
to create ``disability career pathways'' to encourage students
with disabilities and nondisabled students to enter disability-
related fields.
The House bill contains no similar provision.
The House bill also establishes an Advisory Commission on
Accessible Instructional Materials in Postsecondary Education
for Students with Disabilities, model demonstration programs to
support improved access to postsecondary instructional
materials for students with print disabilities, and a National
Technical Assistance Center to provide information and
technical assistance for students with disabilities to improve
the postsecondary recruitment, retention, and completion rates
of such students.
The Senate amendment contains no similar provisions.
The House and Senate recede with an amendment to adopt
various changes to the program supporting postsecondary faculty
in educating students with disabilities, place the program in a
new Subpart 1 of Part D, and establish new subparts 2, 3, and 4
in Part D, as follows:
SUBPART 1--DEMONSTRATION PROJECTS TO SUPPORT POSTSECONDARY FACULTY,
STAFF AND ADMINISTRATORS IN EDUCATING STUDENTS WITH DISABILITIES
The Conferees amend the authorized activities of the
program to include teaching methods and strategies consistent
with the principles of universal design for learning, and
specify that such methods and strategies should provide
postsecondary faculty, and staff and administrators with the
skills and supports necessary to meet the academic and
programmatic needs of students with disabilities. The Conferees
also add options to the list of authorized activities,
including effective transition practices for students with
disabilities, accessible distance learning strategies,
``disability career pathways,'' and curriculum development that
makes postsecondary education more accessible to students with
disabilities.
The Conferees amend the application requirements to
include a description of the extent to which the applicant will
work to replicate best practices in serving students with
disabilities.
The Conferees require the Secretary to prepare and
disseminate reports, reviewing both prior and new demonstration
projects authorized under this subpart and providing
recommendations on how effective projects can be replicated.
The Conferees authorize such sums as may be necessary for
fiscal year 2009 and each of the five succeeding fiscal years
to carry out the purposes of this subpart.
SUBPART 2--TRANSITION PROGRAMS FOR STUDENTS WITH INTELLECTUAL
DISABILITIES INTO HIGHER EDUCATION
The Conferees establish a new subpart 2 of Part D to
support model demonstration programs that promote the
successful transition of students with intellectual
disabilities into higher education. Comprehensive transition
and postsecondary programs for students with intellectual
disabilities are defined as degree, certificate, or non-degree
programs that are offered by an institution of higher
education, 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, include an advising and curriculum
structure, and require students with intellectual disabilities
to participate on not less than a half-time basis in coursework
and other activities with nondisabled students. The Conferees
intend to encourage such programs to integrate students with
intellectual disabilities into inclusive activities, coursework
and campus settings with nondisabled postsecondary students,
and that such programs include measurable outcomes, such as
attainment of a degree or certificate.
A student with an intellectual disability is defined as a
student with mental retardation or a cognitive impairment
characterized by significant limitations in intellectual and
cognitive functioning and adaptive behavior, and who is
currently, or was formerly, eligible for a free, appropriate
public education under the Individuals with Disabilities
Education Act (IDEA). The Conferees recognize that some
students with disabilities who are eligible for a free and
appropriate public education may not enroll in public schools,
nor choose to receive special education services under the
Individuals with Disabilities Education Act. The Conferees
intend to include such students in the definition of students
with intellectual disabilities under this Act, if such students
can otherwise demonstrate they meet the eligibility criteria.
The Conferees authorize the Secretary to competitively
award grants to institutions of higher education, or consortia
of such institutions, to create or expand the model
demonstration programs, and specify that the program shall be
administered by the office at the Department of Education that
administers other postsecondary programs. Grants are authorized
to be awarded for a period of five years. The Conferees direct
the Secretary, in awarding such grants, to provide for an
equitable geographic distribution of grants, provide grants to
institutions or consortia that are located in areas that are
underserved by such programs and to give preference to
institutions or consortia that agree to form partnerships with
other relevant agencies that serve students with intellectual
disabilities, integrate students with intellectual disabilities
into institutionally owned or operated housing offered to
students without disabilities, or involve students attending
the institution who are studying special education, general
education, vocational rehabilitation, assistive technology, or
related fields in the model program.
The Conferees authorize various uses of funds for
institutions or consortia receiving grants under this subpart,
including the provision of individual supports and services for
the academic and social inclusion of students with disabilities
in academic courses, extracurricular activities, and other
aspects of the institution's postsecondary program; a focus on
academic enrichment, socialization, independent living skills,
and integrated work experiences and career skills; integration
of person-centered planning for the participating students;
participation of the institution or consortium in the
coordinating center established in subpart 4; partnerships with
one or more local educational agencies to support students with
intellectual disabilities who are still eligible for education
and related services under IDEA to participate in the model
programs; and the creation and offer of a meaningful credential
for students with intellectual disabilities upon completion of
the model program. The Conferees also require an institution or
consortium receiving a grant under this subpart to provide
matching funds of not less than twenty-five percent of the cost
of the model program supported under the grant, which may be
provided in cash or in kind.
The Conferees require the Secretary to prepare and
disseminate a report, within five years of the date of the
first grant awarded under this subpart, which reviews the
programs supported under this subpart and provides
recommendations on how model programs can be replicated. The
Conferees include a rule of construction to specify that
nothing in the subpart shall be construed to reduce or expand
the obligation of a State or local educational agency to
provide a free, appropriate public education under IDEA, or
eligibility requirements under any Federal, State, or local
disability law.
The Conferees recognize that under the Individuals with
Disabilities Education Act, nothing prohibits the use of Part B
funds to support students with disabilities in transition
programs at institutions of higher education, if the
Individualized Education Program Team determines that such a
program is the appropriate placement for the student.
The Conferees authorize such sums as may be necessary for
fiscal year 2009 and each of the five succeeding fiscal years
to carry out the purposes of this subpart, and include a
reservation of funds for the coordinating center authorized in
subpart 4.
SUBPART 3--COMMISSION ON ACCESSIBLE MATERIALS; PROGRAMS TO SUPPORT
IMPROVED ACCESS TO MATERIALS
The Conferees establish a new subpart 3 of Part D that
creates an Advisory Commission on Accessible Instructional
Materials in Postsecondary Education for Students with
Disabilities, and model demonstration programs to support
improved access to postsecondary instructional materials for
students with print disabilities. The term ``student with a
print disability'' is defined as a student with a disability
who experiences barriers to accessing instructional materials
in nonspecialized formats, including students eligible under 17
U.S.C. 121(d)(2). The Conferees acknowledge that students with
a range of impairments, including but not limited to visual
impairments, physical limitations, dyslexia, and intellectual
disabilities, may meet this definition. Among other activities,
the Conferees intend that the Commission will analyze the
different definitions of eligible students in applicable
Federal law and make recommendations as to the scope of the
definition of student with a print disability.
The Conferees direct the Secretary to appoint nineteen
members to the Commission from various categories, including
representatives from the Department, the Library of Congress,
associations representing individuals with disabilities,
associations representing publishers, institutions of higher
education with experience in teaching or supporting students
with print disabilities, producers of accessible materials, and
individuals with print disabilities, including postsecondary
students. The Commission is directed to meet for the first time
no later than ninety days after the establishment of the
Commission.
The Conferees direct the Commission to conduct a
comprehensive study to assess the barriers that affect, and the
technical solutions that can improve, the timely delivery and
quality of accessible instructional materials for students with
print disabilities, as well as the effective use of such
materials by postsecondary faculty and staff. The Commission is
directed to make recommendations related to a comprehensive
approach to improve the opportunities for postsecondary
students with print disabilities to access instructional
materials in specialized formats in a timeframe comparable to
the availability of standard instructional materials for
postsecondary students without disabilities.
The Commission is also directed to develop
recommendations to inform Federal regulations and legislation
and support the model demonstration programs to improve access
to postsecondary instructional materials for students with
print disabilities authorized in the subpart. Such
recommendations are to identify best practices related to
systems for collecting, maintaining, processing, and
disseminating materials in specialized formats; improve the
effective use of such materials by faculty and staff while
complying with applicable copyright law; and analyze and
consider modifications to the terms ``instructional
materials,'' ``authorized entities,'' and ``eligible students''
in applicable Federal law for the purpose of improving services
to students with disabilities. The Conferees recognize the
importance of accessible instructional materials for all
students with disabilities, while also recognizing the
importance of maintaining appropriate copyright protections,
and the opportunity to market universally-designed materials
that meet the needs of all students, for publishers of
instructional materials.
In conducting its study and developing its
recommendations, the Conferees intend for the Commission to
identify, and draw upon the expertise of, national non-profit
organizations and other entities with extensive experience
providing accessible instructional materials to postsecondary
students with print disabilities. Such organizations and
entities should have proven track records in conducting
research into the creation of file standards for accessible
instructional materials, implementing models for the provision
of accessible instructional materials for postsecondary
students with print disabilities, and collaborating with
publishers and other stakeholders in these efforts. The
Conferees note that the following organizations and entities
have done useful work in these areas: the Recording for the
Blind & Dyslexic Technology Advisory Committee, Benetech
Bookshare, the Critical Issues Task Force of the Association of
American Publishers Higher Education Division, the Center for
Applied Special Technology, the Association of Higher Education
and Disabilities E-Text Solutions Working Group, the Library of
Congress National Digital Information and Infrastructure
Preservation Program Copyright Working Group, and the Advisory
Council and the Technical Assistance and Development Centers of
the National Instructional Materials Access Center. The
Conferees recommend that the Commission consider the work of
these groups in its efforts, and identify other entities with
technical expertise in the Commission's areas of study,
including entities that may have used federal dollars to
identify solutions.
In developing these recommendations, the Commission is
directed to consider how students with print disabilities may
obtain materials in accessible formats in a timeframe,
comparable to the availability of materials to students without
disabilities; and to the maximum extent practicable, at
comparable costs; the feasibility of establishing standardized
electronic file formats for accessible materials; the
feasibility of establishing a national clearinghouse,
repository, or file-sharing network for such materials; the
feasibility of market-based solutions involving collaborations
among publishers and institutions of higher education to
increase the availability of accessible materials; solutions
utilizing universal design; and solutions for low-incidence,
high-cost requests for materials in specialized formats. The
Conferees direct the Commission to submit a report detailing
its findings and recommendations to the Secretary and the
authorizing committees not later than one year after the
Commission's first meeting.
With respect to the model demonstration programs to
support improved access to postsecondary instructional
materials for students with print disabilities, the Conferees
authorize the Secretary to award grants or contracts, on a
competitive basis, to not less than one partnership consisting
of an institution of higher education with demonstrated
expertise in meeting the needs of students with print
disabilities, and a public or private entity with demonstrated
expertise in developing accessible instructional materials, and
the technical development expertise necessary for the efficient
dissemination of such materials. The partnership may include
representatives of the publishing industry.
The Conferees direct partnerships receiving grants or
contracts under this subpart to conduct a variety of required
activities, including the development and implementation of
processes to identify and verify eligibility of postsecondary
students with print disabilities; procedures to facilitate
methods to request such materials; procedures to coordinate
among institutions of higher education, publishers, and
entities that produce materials in specialized formats; systems
to deliver specialized materials in a timely fashion, and to
reduce duplicative conversions of such materials; procedures to
protect against copyright infringement with respect to
materials in specialized formats; and outreach and awareness
activities for postsecondary students, faculty and staff
regarding the acquisition and dissemination of materials in
specialized formats and materials utilizing universal design.
The Conferees direct the Secretary, in awarding such
grants or contracts, to give preference to partnerships that
support a unified search for accessible instructional materials
across multiple databases or market-based approaches to make
accessible instructional materials available to eligible
students at prices comparable to the prices of standard
instructional materials.
The Conferees direct the Secretary to submit a report to
the authorizing committees, not later than three years after
the date of the first contract or grant awarded under this
subpart, which details the grants and contracts supported under
this subpart, as well as the number of students with print
disabilities served by such grants or contracts. The Conferees
authorize the Secretary to expand the model programs supported
under this subpart on the basis of this report and other
related reports.
The Conferees include a rule of construction to specify
that nothing in the subpart shall be construed to limit or
preempt a State law regarding the production or distribution of
postsecondary instructional materials in accessible formats to
students with disabilities.
The Conferees authorize such sums as may be necessary for
fiscal year 2009 and each of the five succeeding fiscal years
to carry out the purposes of this subpart, and include a
reservation of funds for the Advisory Commission authorized in
the subpart.
SUBPART 4--NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER
The Conferees establish a new subpart 4 of Part D that
creates a National Center for Information and Technical Support
for Postsecondary Students with Disabilities to provide
information on best and promising practices to students with
disabilities, the families of such students, and entities
awarded grants, contracts, or cooperative agreements under
subparts 1, 2, and 3 of Part D to improve the postsecondary
recruitment, transition, retention, and completion rates of
students with disabilities. Subpart 4 also authorizes a
coordinating center to support inclusive comprehensive
transition and postsecondary programs for students with
intellectual disabilities, including those authorized under
subpart 2.
The Conferees establish and support a National Center for
Information and Technical Support for Postsecondary Students
with Disabilities. The Conferees specify that an institution or
higher education or nonprofit organization, with demonstrated
expertise in supporting students with disabilities in higher
education, technical knowledge related to the dissemination of
information in accessible formats, and working with diverse
types of institutions of higher education, or partnership of
two or more such institutions or organizations, may qualify as
the eligible entity authorized to operate the National Center.
The Conferees specify that the National Center shall provide
information and technical assistance to students with
disabilities and the families of such students, to support
students across the broad spectrum of disabilities, including
information to assist students with disabilities in planning
for postsecondary education while they are in secondary school;
information to improve the participation of students with
disabilities in early outreach programs supported under Title
IV; information on research-based supports available in
postsecondary settings; information on student mentoring and
networking opportunities; and effective recruitment and
transition practices for students with disabilities at
institutions of higher education.
The Conferees further specify that the National Center
shall provide information and technical assistance to
postsecondary faculty, staff, and administrators 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. These activities may
include collection and dissemination of best practices and
materials for accommodating and supporting students with
disabilities; the development of training modules for higher
education faculty for such purpose; and development of
technology-based tutorials. The Conferees authorize the
National Center to build, maintain, and update a database of
disability support information related to postsecondary
education that shall be made available to the public through a
website built to high technical standards of accessibility.
The Conferees direct the National Center to prepare
periodic reports to the Secretary and the authorizing
committees analyzing the condition of postsecondary success for
students with disabilities, including a review of the programs
authorized under Part D; annual enrollment and graduation rates
of students with disabilities at institutions of higher
education; recommendations for effective supports and services
for students with disabilities in higher education;
recommendations on reducing barriers to full participation of
such students in higher education; and a description of
successful strategies in improving the success of such students
in postsecondary education. The first of such reports shall be
submitted not later than three years after the establishment of
the Center, and every two years thereafter.
The Conferees specify that in hiring employees of the
National Center, the center shall consider prospective
employees' experience in providing training and technical
assistance to practitioners.
The Conferees establish a Coordinating Center for Model
Programs for Students with Intellectual Disabilities, which
will serve as a coordinating center for technical assistance,
evaluation, and recommendations related to the development of
standards for institutions of higher education that offer
inclusive comprehensive transition and postsecondary programs
for students with intellectual disabilities. The Conferees
recognize that there may currently exist inclusive
comprehensive transition and postsecondary programs for
students with intellectual disabilities as defined by this Act,
and intend the Coordinating Center to work with such programs
as well as those participating in grants authorized under
subpart 2. The Conferees specify that an entity or partnership
of entities with demonstrated expertise in the fields of higher
education, the education of students with intellectual
disabilities, the development of comprehensive transition and
postsecondary programs for students with intellectual
disabilities, and evaluation and technical assistance may
qualify as the eligible entity to operate the coordinating
center. The Conferees authorize the Secretary to enter into an
agreement with an eligible entity to operate the coordinating
center for a period of five years.
The Conferees direct that the coordinating center shall
serve as the technical assistance entity for all comprehensive
transition and postsecondary programs for students with
intellectual disabilities, and that the center shall provide
technical assistance regarding the development, evaluation, and
improvement of such programs; develop an evaluation protocol
for such programs; and assist recipients of grants under
subpart 2 of Part D in providing a meaningful credential to
students with intellectual disabilities who complete such
programs. The Conferees also direct the coordinating center to
develop recommendations on various components of the programs
supported under subpart 2, analyze potential funding streams
for such programs, develop model memoranda of agreement among
institutions of higher education, States, and local educational
agencies with respect to such programs; develop mechanisms for
the regular communication, outreach and dissemination of
information about such programs among relevant groups; and
convene a workgroup to develop model criteria, standards, and
components of such programs that are appropriate for the
development of accreditation standards for these programs.
The Conferees direct the coordinating center to prepare a
report to the Secretary, the authorizing committees, and the
National Advisory Committee on Institutional Quality and
Integrity, no later than five years after the date of
establishment of the coordinating center, on the
recommendations of the workgroup charged with developing model
criteria and standards appropriate for the development of
accreditation standards for comprehensive transition and
postsecondary programs for students with intellectual
disabilities.
The Conferees authorize such sums as may be necessary for
fiscal year 2009 and each of the five succeeding fiscal years
to carry out the purposes of this subpart.
Section 710. Subgrants to nonprofit organizations
The House bill clarifies that guaranty agencies are
eligible for subgrants under the College Access Challenge Grant
Program created by CCRAA.
The Senate amendment contains no similar provision.
The Senate recedes.
TITLE VIII--ADDITIONAL PROGRAMS
Section 801. Additional programs
The Senate amendment and the House bill create a new
Title VIII to add new programs to the Act.
The Senate and House recede with amendments to Title VIII
as follows.
Section 801. Project GRAD
The Senate amendment and the House bill authorize a new
program to provide funding through a grant for a non-profit
organization called Project GRAD USA to support integrated
secondary-postsecondary graduation reform efforts. The Senate
amendment establishes the program as a subsection of FIPSE. The
House bill establishes the program under Title VIII.
The Senate recedes on placement and with an amendment to
strike the term disadvantaged students and replace with low-
income students, to reduce the administrative funding from
eight percent to five percent, and to include additional
outcome criteria for determining the funding level for
grantees. The House and Senate recede to require the Secretary
enter into a contract, rather than a grant, with Project Grad.
Section 802. Mathematics and science scholars program
The Senate amendment establishes a new competitive grant
program that authorizes the Secretary to award competitive
grants to states. States would award $1,000 scholarships to
first and second year undergraduate students who complete a
rigorous high school program in math and science. States must
match fifty percent of federal funds and may set priorities
(e.g., underrepresented groups) for the scholarships. The
Senate amendment authorizes appropriations of such sums as may
be necessary fiscal year 2008 through fiscal year 2009.
The House bill contains no similar provision.
The House recedes with an amendment to increase the
scholarship award from $1,000 to $5,000, to limit eligibility
to first year undergraduate students, and to incorporate
provisions from the Math and Science incentives program from
Title IV of the House bill.
The Conferees intend that States awarding scholarships
from the Mathematics and Science Scholars Program should take
into account the regional and geographic needs of the State in
determining which eligible students receive the scholarships.
Section 803. Business workforce partnerships for job skill training in
high-growth occupations or industries
The Senate amendment authorizes the Secretary to award
competitive grants to partnerships between institutions of
higher education and local workforce investment boards for
development of job training programs in high-growth industries.
Grants would fund training for ``non-traditional'' students
meeting specified criteria. The Senate amendment authorizes
appropriations of such sums as may be necessary for fiscal year
2008 through fiscal year 2009.
The House bill includes a related Business Workforce
Partnership grant program that authorizes the Secretary to
award competitive grants to institutions of higher education in
partnership with businesses, local workforce investment boards,
and labor organizations to develop pathways from education and
training to high-demand occupations.
The Senate and the House recede with an amendment to
merge the two programs and authorize such sums as may be
necessary for fiscal year 2009 and each of the five succeeding
fiscal years.
It is the intent of the Conferees that the Workforce
Partnerships for Job Skill Training in High-Growth Occupations
or Industries created in this bill are awarded as part of a
competitive grants process. The Conferees further intend that
the Secretary shall consult with experts in the workforce and
occupational education and training fields during all parts of
the grants process, including the reviewing of applications,
awarding grants, and evaluating the success of grantees.
Finally, the Conferees intend for the Secretary to
encourage grant recipients pursuing partnerships for the
purposes outlined in subsection (e)(1) or (e)(2) to where
possible design course offerings and programs that offer credit
towards a degree or certificate.
Section 804. Capacity for nursing students or faculty
The Senate amendment and the House bill establish a new
program that authorizes the Secretary to award competitive
grants to nursing programs to expand faculty and facilities.
The Conferees adopt the provision as proposed by both the
Senate and the House with the following amendments.
The Senate amendment authorizes grants beginning in
academic year 2006-2007. The House bill authorizes grants
beginning in academic year 2008-2009.
The Senate recedes.
The Senate amendment authorizes funding indefinitely. The
House bill does not provide a separate authorization of
appropriations for this section.
The House recedes with an amendment to authorize such
sums as may be necessary for fiscal year 2009 and each of the
five succeeding fiscal years.
The House bill establishes a Nurse Faculty Pilot Project
which authorizes the Secretary to award competitive grants to
fund scholarships and release time for nurses studying for
advanced degrees with the intention of becoming faculty.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify that
grants awarded under this section may be used to support
partnerships with hospitals or health facilities to improve
alignment between nursing education and healthcare delivery
methods, fund release time for qualified nurses enrolled in the
graduate nursing program and to provide scholarships to
qualified nurses in pursuit of an advanced degree with the goal
of becoming faculty members in an accredited nursing program.
The conferees recognize that Part D, Section 804,
Capacity for Nursing Students and Faculty, combines two
distinct programs included in the House bill; a capitation
grant program and a nurse faculty pilot project. In considering
the designation of the awards and distribution of excess funds,
the committee urges the Secretary to ensure an adequate number
of awards and funding is provided for the nurse faculty pilot
project described in (c)(2)(B). Additionally, the Secretary
shall determine the duration in which the nurse faculty pilot
project grants are awarded; such time period should not exceed
five years but should not be less than three years. After the
expiration of the pilot program, the project's success will be
evaluated.
Section 805. American history for freedom
The Senate amendment establishes a new program that
authorizes the Secretary to award competitive grants to
institutions of higher education to establish or strengthen
programs that promote ``(1) traditional American history; (2)
the history and nature of, and threats to, free institutions;
or (3) the history and achievements of Western Civilization.''
The Senate amendment authorizes appropriations for fiscal year
2008 through fiscal year 2013.
The House bill contains no similar provision.
The House recedes with an amendment to authorize such
sums as may be necessary for fiscal year 2009 and each of the
five succeeding fiscal years.
Section 806. Teach for America
The Senate amendment and the House bill authorize the
Secretary to award a grant to Teach For America, Inc. to
implement and expand its program of recruiting, selecting,
training, and supporting new teachers; and to study the
program's effectiveness.
The Conferees adopt the provision as proposed by both the
Senate and the House with the following amendments.
The Senate amendment uses the term achievement gains,
while the House bill uses the term student learning gains.
The House recedes with an amendment to use the term
student achievement gains.
The House bill requires those participating in the peer
review process required by the Senate amendment and House bill
to meet specific qualifications.
The Senate recedes.
The Senate amendment authorizes appropriations of such
sums as may be necessary for fiscal year 2008 through fiscal
year 2013.
The House bill authorizes $20,000,000.
The Senate recedes.
The Senate amendment limits the Teach For America
organization from using federal funds for more than twenty-five
percent of its administrative costs.
The House bill contains no similar provision.
The House recedes.
Section 807. The Patsy T. Mink Fellowship Program
The Senate amendment and the House bill establish a new
program to award competitive grants to institutions of higher
education for fellowships to minorities and women seeking
doctoral degrees with the intent of entering the professoriate.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to clarify that the
fellowship awards should be given to individuals from groups
who are underrepresented in doctoral degree programs, including
minorities and women.
The Senate amendment requires that at least thirty
percent of funds would be reserved for institutions of higher
education eligible for a grant under Titles III or V.
The House bill requires that at least fifty percent of
funds would be reserved for institutions of higher education
eligible for a grant under Titles III or V.
The House recedes.
The Senate amendment and the House bill establish similar
eligibility requirements for students to receive Mink
fellowships from grantee institutions of higher education. The
Senate amendment requires intent to pursue a career in
instruction at certain delineated institutions of higher
education; the House bill simply refers to those institutions
of higher education eligible to participate in Title IV
programs.
The House recedes.
The Senate amendment and the House bill requires each
grantee to award a minimum of fifteen fellowships with the
grant funds.
The Conferees agree to this provision with an amendment
to reduce the minimum number of awards to ten and clarify that
the Secretary can use unused appropriated funds to make a grant
award to a grantee that would result in less than ten
fellowships being awarded.
The Conferees intend that the Patsy Mink Fellowship
Program grants will support a minimum of ten fellowships per
grant. The goal of this minimum number of fellowships is to
enable cohorts of underrepresented individuals to move through
graduate education together and increase the likelihood that
individuals will complete their education and enter the
professoriate. The Conferees recognize that appropriated funds
may not always be adequate to ensure that each grant could
support this minimum number. In such situations, the Conferees
intend that the Secretary award the maximum number of grants
that would support the minimum fellowship requirement but would
have the flexibility to award a single grant using remaining
funds which would not be required to meet the minimum
fellowship requirement. The Secretary may not award multiple
grants, in any single grant cycle, that do not meet the minimum
fellowship requirement.
The Senate amendment includes provisions prohibiting any
requirement for preferential treatment in hiring for Mink
fellows.
The House bill contains no similar provision.
The House recedes.
Section 808. Improving college enrollment by secondary schools
The Senate amendment and the House bill establish a new
program in which the Secretary must contract with a non-profit
organization to conduct a needs assessment and provide
comprehensive services to urban school districts and rural
states in order to improve college-going rates of participating
schools.
The Conferees adopt the provision as proposed by both the
Senate and the House with the following amendment.
The Senate amendment directs the Secretary to contract
with one non-profit organization to carry out the program.
The House bill requires the Secretary to award a grant to
a nonprofit organization to carry out the program.
The Senate recedes.
Section 811-818. Early childhood education professional development and
career task force
The Senate amendment and the House bill include a program
for early childhood development professional development.
The Conferees adopt the provision as proposed by both the
Senate and the House with the following amendments.
The Senate amendment and the House bill include a
definition of an ``early childhood education program.'' The
House bill's definition includes a program authorized under
Section 619 or Part C of IDEA.
The Senate recedes.
The Senate amendment provides for a five year grant award
period. The House bill provides for a three year grant award
period.
The House recedes.
The Senate amendment and the House bill require the
development of a State Task Force. The House bill specifies
that a representative from the state educational agency and the
State Head Start collaboration director participate in the
State Task Force. The House bill includes language stating that
nothing precludes the State from designating a pre-existing
entity to serve as the State Task Force required under this
program. The Senate amendment requires a state representative
serve on the Task Force, but does not require that person to be
from the state educational agency.
The Senate recedes.
The Senate amendment and the House bill include similar
provisions for ``State Taskforce Activities'', except, the
House bill specifies that the survey, administered by the Task
Force, should collect information disaggregated by specialized
knowledge in the education of children with limited English
proficiency, in addition to the areas included in the Senate
amendment.
The Senate recedes with an amendment to also require the
collection of information regarding children with disabilities.
The Senate amendment and the House bill require the State
Task Force to develop a plan for a comprehensive professional
development and career system for individuals working in early
childhood education programs and specify what must be included
in the plan.
The Conferees adopt this provision with an amendment to
clarify that the plans may, rather than shall, include certain
contents.
Section 819. Improving science, technology, engineering and mathematics
education with a focus on Alaska Native and Native Hawaiian
students
The Senate amendment and the House bill authorize the
Secretary to award competitive grants to partnerships to
develop or expand STEM programs and academic support services
and internships for STEM students, with a focus on Alaska
Native and Native Hawaiian students.
The Conferees adopt the provisions as proposed by both
the Senate and the House with the following amendment.
The Senate amendment includes a definition of institution
of higher education.
The House bill contains no similar provision.
The House recedes.
The Senate amendment includes authorizing language for
such sums as necessary to carry out this Part for fiscal year
2008 and five succeeding years.
The House bill contains no similar provision.
The House recedes with amendment to strike 2008 and
replace with 2009.
Section 820. Pilot programs to increase college persistence and success
The Senate amendment authorizes the Secretary to award
competitive grants to institutions of higher education for
scholarships ($2,000 per year for two years) and counseling
services for low-income students with dependents. Scholarship
funds are paid upon completion of specified academic
milestones. The program is to be evaluated with a random
assignment study design. The Senate amendment authorizes such
sums as may be necessary for fiscal year 2008 through fiscal
year 2013.
The House bill contains the Student Success Grants, which
authorizes the Secretary to award competitive grants to
eligible institutions of higher education to help low-income
students persist and complete postsecondary education and
training programs through coaching programs. In addition to
supportive services, institutions of higher education would
provide grants to eligible students for $1,500 per student, per
year, for five years, with a twenty-five percent non-federal
matching requirement.
The Senate and the House recede with an amendment to
merge the two programs.
Section 821. Student safety and campus emergency management
The Senate amendment and the House bill create a new
student safety and campus emergency grant program.
The Conferees adopt the provision as proposed by both the
Senate and the House with the following amendments.
The House bill adds one additional authorized activity
that allows funds to be used for the acquisition and
installation of access control, video surveillance, intrusion
detection, and perimeter security technologies.
The Senate recedes.
The Conferees intend that the authorized emergency
communications systems to include multiple technologies,
including those currently provided over personal computers,
personal digital assistants, message boards, and speaker-
sirens, such as mass notification systems using ``intelligible
voice'' messaging. The Conferees are aware that the Department
of Defense and other entities use three forms of mass
notification systems for interior and exterior emergency
communications. These combinations of technologies are
important for emergency communications to reassure that there
are multiple paths for message delivery. This will allow for
messages with intelligible voice messaging over remote speaker-
sirens and personal computing devices to notify personnel
inside and outside in large open area with real-time
information in an endangered areas prior, during, and after the
emergency.
Section 822. Model emergency response policies, procedures, and
practices
The Senate amendment provides joint authority to the
Secretary, Attorney General, and Secretary of Homeland Security
to provide technical assistance to institutions of higher
education on model emergency response issues and to disseminate
relevant information.
The House bill requires the Secretary of Education, in
consultation with the Attorney General and Secretary of
Homeland Security, to provide these technical assistance and
dissemination services.
The Senate recedes with an amendment to clarify that the
Secretary shall continue the efforts that are already underway
in working with the Attorney General and Secretary of Homeland
Security.
Section 823. Preparation for future disasters plan by the Secretary
The House bill requires the Secretary to develop and
maintain a disaster relief plan that addresses the needs of
institutions of higher education in the event of a natural or
man-made disaster that is declared a major disaster or
emergency by the President. The House bill requires the
Secretary to submit the disaster plan and any revisions to the
plan to the authorizing Committees.
The Senate amendment contains no such provision.
The Senate recedes with an amendment to ensure that the
Secretary works in coordination with the Secretary of Homeland
Security and other appropriate agencies and to strike the
requirement that the Secretary submit the plans to the
authorizing Committees.
The Conferees remain interested in the progress made by
the Secretary of Education, along with other agencies, in
developing plans to ensure that the federal government is ready
to assist institutions of higher education, their employees and
their students in the event of another natural or man-made
disaster. The Conferees would appreciate a briefing on the
plans as they are developed.
Section 824. Education disaster and emergency relief loan program
The House bill establishes a new 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.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to limit the uses of
funds.
The Conferees remain interested in the progress made by
the Secretary of Education, along with other agencies, in
developing plans to ensure that the federal government is ready
to assist institutions of higher education, their employees and
their students in the event of another natural or man-made
disaster. The Conferees intend for Congress, upon its request,
to be kept apprised of such plans as they are developed.
The Conferees note the devastating effect that hurricanes
Katrina and Rita had on the universities and colleges located
in the Gulf region, displacing 83,821 students and resulting in
the closure, for the first time, of eleven colleges and
universities in New Orleans for a full semester and ten more in
Louisiana, Mississippi, Texas, and Florida for an extended
period of time. The Conferees are concerned that nearly three
years after Katrina and Rita these colleges and universities
are still struggling to recover. In particular, colleges and
universities are suffering with student enrollments, faculty
hiring and retention, as well as recovering financially overall
from the damages to the schools. In terms of faculty and staff,
it is important to note that salaries and benefits are paid
during a disaster even as enrollments drop. The latest
statistics reveal the challenges faced by these institutions:
Enrollment:
Pre-hurricanes: More than 70,000 students
Spring 2008: Less than 50,000
Faculty:
Pre-hurricanes: Nearly 11,000
Spring 2008: Approximately 8,000
Damages & Recovery
Damages (Revenue Losses, Physical Damages): Approximately
$1.254 billion
Recovery (Insurance & FEMA): Approximately $400 million
In developing the disaster loan program, the Conferees
intend for the Secretary to consider, as appropriate, the
development of applicable rates of interest, credit reviews,
escrow accounts, and provision that loans shall be fairly
allocated among as many eligible institutions as possible,
consistent with making loans of amounts that will allow for
needed construction, replacement, renovation and operations
resulting from a major disaster or emergency.
Section 825-826. Guidance on mental health disclosures for student
safety
The House bill requires the Secretary, not later than
ninety days after the enactment of this Act, to provide
guidance to clarify the role of institutions of higher
education with respect to the disclosure of education records
in situations where a student poses a significant risk of harm
to himself/herself or others. This guidance must also state
that institutions of higher education acting in ``good faith''
with respect to the disclosure of education records in
accordance with the requirements of this Act and Family
Educational Rights and Privacy Act of 1974 shall not be liable
for that disclosure.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike ninety and
replace with 180.
Section 830. Incentives and rewards for low tuition
The House bill authorizes the Secretary to award grants
for low tuition to institutions of higher education for
academic year 2008-2009 and any succeeding academic year whose
percentage increase in annual net tuition is equal to or less
than the percentage change in the relevant Postsecondary
Education Price Index (PEPI) for such academic year. The
Secretary may also award grants to public institutions of
higher education that have a net tuition that is in the lowest
quartile of comparable institutions of higher education or have
a tuition increase of less than $500 for a full-time
undergraduate student.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 831-833. Cooperative education
The House bill awards grants to institutions of higher
education or combinations of institutions of higher education
to encourage them to develop and make available work
experiences for their students to prepare them for future
careers and enable students to support themselves financially
while in school.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 834-835. Demonstration and innovation projects; training and
resource centers; and research
The House bill authorizes the Secretary to make grants or
enter into contracts for demonstration programs, training and
resource centers, and research related to cooperative
education.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 841. College partnership grants authorized
The House bill establishes a grant program for eligible
partnerships of institutions of higher education to support the
development and implementation of articulation agreements. An
eligible partnership must include at least two institutions of
higher education or a system of institutions of higher
education.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike the
requirement that the Secretary prescribe regulations for the
implementation of this program.
Section 842. Grants to create bridges from jobs to careers
The House bill establishes a new program that authorizes
the Secretary to award competitive grants to institutions of
higher education to create workforce bridge programs from
developmental coursework to occupational certificate programs.
Grants offer a priority for institutions of higher education
with more than half of students enrolling in developmental
coursework.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to strike part of
the evaluation.
The Conferees encourage the Secretary, in carrying out
the evaluation of the impact of the programs funded under this
program, to work with private foundations, and other providers
of funds, to allow for the use of a random assignment
evaluation in at least one of the demonstration sites.
Section 861-870. Rural development grants for rural colleges and
universities
The House bill authorizes the Secretary to award
competitive grants to rural institutions of higher education in
partnership with rural local education agencies, rural
educational service agencies, regional employers, or non-profit
organizations in order to support the following: increasing
college enrollment rates among graduates of rural high schools
and nontraditional students at rural institutions of higher
education; related economic development activities; and
increasing student participation in academic programs leading
to careers of a high-need in rural areas. Grants are between
$200,000 and $500,000 per year for three years.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment.
The Conferees intend that the term `rural-serving
institution' encompasses an institution of higher education,
including its regional and satellite campuses, that primarily
serves a rural area. Further, a `regional employer' includes an
employer located in the rural area, regardless of the location
of the employer's headquarters.
Section 871. Campus-based digital theft prevention
The House bill authorized the Secretary to award grants
to institutions of higher education to develop or improve
programs that are designed to reduce illegal downloading on
campus.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to move the program
from Title IV to Title VIII.
Section 872. Program to promote training and job placement of realtime
writers
The House bill authorizes the Secretary of Commerce to
award competitive grants to institutions of higher education
for training and placing students in realtime writing jobs.
Grants may not exceed $1,500,000 over two years. Scholarship
amounts for training are to be determined according to Title IV
Part F need analysis.
The Senate amendment contains no similar provision.
The Senate recedes with amendments to clarify what
constitutes an eligible entity, to increase the duration of the
grant from two years to five years, to clarify when the
Secretary can waive the employment requirement for individuals
who receive fellowships under this program, and to clarify the
evaluation required under the program.
Section 873. Model programs for centers of excellence for veteran
student success
The House bill authorizes the Secretary to award
competitive grants to encourage model programs to support
veteran student success in postsecondary education.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 881. University sustainability programs
The House bill authorizes the Secretary to award
competitive grants to institutions of higher education and
partnerships to design and implement sustainability practices.
The House bill requires the Secretary to convene a summit on
sustainability in higher education not later than September 30,
2008.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to modify the uses
of funds in the grant program and to move the Sustainability
Summit to Title XI and strike 2008 and replace with 2010 for
the date by which the Secretary must convene the Summit.
Section 891. Modeling and simulation programs
The House bill authorizes the Secretary to award
competitive grants to institutions of higher education to
create and enhance modeling and simulation programs. Grants
have twenty-five percent by nonfederal source matching
requirement. The House bill requires the Secretary to establish
a task force to raise awareness of and define the study of
modeling and simulation.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 892. Path to success
The House bill authorizes the Secretary to award
competitive grants to community colleges in partnership with
juvenile justice systems to provide education and related
services to eligible youth in areas with gang activity.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to modify the uses
of funds.
Section 893. School of veterinary medicine competitive grant program
The Senate amendment authorizes the Secretary of Health
and Human Services to award competitive grants to veterinary
schools or residency programs for veterinarians to increase the
number of veterinarians in the workforce.
The House bill contains no similar provision.
The House recedes.
Section 894. Early Federal Pell Grant commitment demonstration program
The Senate amendment authorizes the Secretary to
establish an early Federal Pell Commitment Demonstration
Program and award grants to four state educational agencies to
pay the administrative expenses for program participation. The
program would provide 8th grade students who are eligible for
free or reduced price lunch with a commitment to receive a Pell
Grant during their first year of undergraduate study, provided
the student applies for Federal financial aid during the
student's senior year of high school. Each state would identify
two cohorts of 8th grade students to participate in the
demonstration program. The two cohorts of students, which shall
consist of (1) one cohort of 8th grade students who begin the
participation in academic year 2008-2009; and (2) one cohort of
8th grade students who begin the participation in academic year
2009-2010. Each cohort of students shall consist of not more
than 10,000 8th grade students who qualify for a free or
reduced price meal.
The House bill contains no similar provision.
The House recedes with an amendment to clarify who can
participate in the program.
Section 895. Henry Kuualoha Guigni Kupuna Memorial Archives
The Senate amendment authorizes the Secretary to award a
grant to the University of Hawaii Academy for Creative Media
for the establishment, maintenance, and periodic modernization
of the memorial archives.
The House bill contains no similar provision.
The House recedes.
Section 802. National Center for Research in Advanced Information and
Digital Technologies
The House bill includes language to authorize the
establishment of a nonprofit corporation, National Center for
Learning Science and Technology (referred to in this Act as the
``Center''). The Center shall have a trust fund that is
established within the Treasury. Trust funds shall be used to
support research that is in the public interest but that is
unlikely to be undertaken entirely with private funds for
activities such as precompetitive and applied research
development and demonstrations, and assessments of prototypes
of innovative digital learning and information technologies as
well as the components and tools needed to create them. A board
of directors of the Center shall be established to oversee the
administration of the Center. The initial Board shall consist
of nine members to be appointed by the Secretary from a list of
recommendations received from the House of Representatives and
the Senate.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify the
purpose to ``support a comprehensive research and development
program to harness the increasing capacity of advanced
information and digital technologies to improve all levels of
learning and education, formal and informal, to provide
Americans the knowledge and skills needed to compete in the
global economy.''
The National Center for Research in Advanced Information
and Digital Technologies is established as a nonprofit
corporation to support a comprehensive research and development
program to harness the increasing capacity of advanced
information and digital technologies to improve all levels of
learning and education, formal and informal, to provide
Americans the knowledge and skills needed to compete in the
global economy. The Center will carry this out through awarding
grants funded by a combination of Federal and private funds.
Grants can be made to colleges and universities, museums,
libraries, nonprofit organizations, public institutions with or
without for-profit partners, for-profit organizations, and
consortia of any such entities, including public broadcasting
entities. It is the intention of the Conferees that in order to
avoid duplication of efforts the Center coordinates its efforts
with current activities of the Department of Education, the
Department of Defense, the National Science Foundation, and
other Federal agencies. It is also the Conferees intention that
the results of the work of the Center be available in the
public domain, except in rare circumstances which shall require
a unanimous vote of the board and a public report of the
exception.
Section 803. Establishment of pilot program for course material rental
The House bill authorizes the Secretary to make grants to
no more than ten institutions of higher education to develop
pilot programs that would allow students to rent textbooks.
The Senate amendment contains no similar provision.
The Senate recedes.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Section 901. Laurent Clerc National Deaf Education Center
The Senate amendment and the House bill authorize the
Laurent Clerc Center. The House bill clarifies that the results
required to be reported under the Senate amendment and the
House bill shall only be reported if they yield statistically
meaningful information that is not personally identifiable.
The Senate recedes.
Section 902. Agreement with Gallaudet University
The Senate amendment and the House bill are identical
with respect to these provisions.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 903. Agreement for the National Technical Institute for the
Deaf
The Senate amendment amends this section by specifying
that the institution of higher education operating the National
Technical Institution for the Deaf shall be the Rochester
Institute of Technology in Rochester, New York.
The House bill contains no similar provision.
The Senate recedes with an amendment to strike the
language that specifies if either Rochester Institute of
Technology or the Secretary terminate the agreement, the
Secretary shall consider proposals from other institutions of
higher education.
The Senate amendment and the House bill update the title
of the Senate Health, Education, Labor and Pensions Committee,
and modify the references to the Davis-Bacon Act.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 904. Cultural experiences grants
The Senate amendment establishes the cultural experiences
grant program.
The House bill contains no similar provision.
The House recedes.
Section 905. Audit
The Senate amendment and the House bill make the same
technical amendments to the audit section by inserting the
appropriate section and subsection numbers and updating the
appropriate Senate and House Committee names.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Section 906. Reports
The Senate amendment and the House bill make similar
technical amendments to the reports section including updating
the appropriate Senate Committee name, striking the word
``preparatory'', amending language regarding the graduation or
completion date, and adding a reference to National Technical
Institute for the Deaf programs and activities.
The Senate recedes.
Section 907. Monitoring, evaluation, and reporting
The Senate amendment and the House bill amend the annual
report to Congress to be an annual transmission from the
Secretary and update the fiscal years to 2008 through 2013.
The House bill strikes the word ``preparatory.''
The Senate recedes with an amendment to update the fiscal
years to 2009 through 2014.
Section 908. Liaison for educational programs
The Senate amendment and the House bill amend the
required timeline in the Education of the Deaf Act of 1986 by
striking ``not later than thirty days after the enactment of
this Act.''
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 909. Federal endowment programs for Gallaudet University and
the National Technical Institute for the Deaf
The Senate amendment and the House bill update the fiscal
years to 2008 through 2013.
The Conferees adopt the provision as proposed by both the
Senate and the House with an amendment to update the fiscal
years to 2009 through 2014.
Section 910. Oversight and effect of agreements
The Senate amendment and the House bill update the
appropriate Senate and House Committee names.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 911. International students
The Senate amendment and the House bill have similar
provisions with respect to international students participating
in distance learning. The House bill clarifies that students
who are not enrolled in a degree program at the University or
the NTID shall not be counted as international students for the
purposes of the cap on international students.
The Senate recedes.
The House bill clarifies that tuition surcharges should
remain consistent for international students from developing
countries despite changes to the developing country status of
the home country of such students during their enrollment
period.
The Senate amendment contains no similar provision.
The Senate recedes.
The Senate amendment defines ``developing country'' as a
country with a per-capita income of not more than $4,825
measured in 1999 U.S. dollars.
The House bill defines ``developing country'' as a
country with a per-capita income of not more than $5,345
measured in 2005 U.S. dollars.
The Senate recedes.
Section 912. Research priorities
The Senate amendment and the House bill update the
appropriate Senate and House Committee names.
The Conferees adopt the provision as proposed by both the
Senate and the House.
Section 913. National study on the education of the deaf
The House bill requires a national study of the education
of the deaf.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 914. Authorization of appropriations
The Senate amendment and the House bill update the fiscal
years to 2008 through 2013.
The Senate and the House recede with an amendment to
update the fiscal years to 2009 through 2014.
Part B--United States Institute of Peace Act
Section 921. United States Institute of Peace Act
The Senate amendment amends various provisions of the
U.S. Institute of Peace Act.
The House bill contains no similar provisions.
The House recedes with an amendment to provide that the
amendments to this section shall take effect as if they were
enacted on June 1, 2007.
Part C--The Higher Education Amendments of 1998; The Higher Education
Amendments of 1992
Section 931. Repeals
The Senate repeals provisions of the Higher Education
Amendments of 1998, including Part A--Study of Market
Mechanisms in the Federal Student Loan programs; Study of the
Feasibility of Alternative Financial Instruments for
Determining Lender Yields; Student Related Debt Study; Study of
Transfer of Credits; Study of Opportunities for Participation
in Athletics Programs; and the Study of the Effectiveness of
Cohort Default Rates for Institutions of Higher Education with
few Student Loan Borrowers; Section 861--Education Welfare
Study; Part C--Community scholarship mobilization; Part F--
Improving United States understanding of science, engineering,
and technology in East Asia; and Part J--Web-based education
commission of the Higher Education Amendments of 1998; and
Section 863--Sense of Congress Regarding Good Character.
The House bill repeals provisions of Part A of the Higher
Education Amendments of 1998, including Section 801--Study of
Market Mechanisms in the Federal Student Loan programs; Section
802--Study of the Feasibility of Alternative Financial
Instruments for Determining Lender Yields; Part C--Community
scholarship mobilization; Part F--Improving United States
understanding of science, engineering, and technology in East
Asia; and Part J--Web-based education commission of the Higher
Education Amendments of 1998; and Section 803--Student Related
Debt Study.
The House recedes.
Section 932. Grants to states for workplace and community transition
training for incarcerated individuals.
The Senate amendment and the House bill reauthorize
grants to states for workforce and community transition
training for incarcerated individuals. The Conferees adopt the
provision as proposed by both the Senate and the House with the
following amendments.
The Senate amendment and the House bill have different
titles for the program.
The Senate recedes.
The Senate amendment defines ``youth offender'' as a male
or female offender under the age of thirty-five, who is
incarcerated in a State prison.
The House bill defines ``incarcerated individual'' as a
male or female offender who is incarcerated in a State prison.
The Senate recedes with an amendment to define
``incarcerated individual'' as a male or female offender under
the age of thirty-five, who is incarcerated in a State prison.
The Senate amendment directs the Secretary to establish
programs designed to assist and encourage youth offenders to
acquire functional literacy, life and job skills. The Senate
amendment includes as authorized activities: the pursuit of a
postsecondary education certificate or an associate or
bachelor's degree while in prison; and employment counseling
and other related services that may end not later than one year
after release.
The House bill directs the Secretary to establish
programs to assist and encourage incarcerated individuals to
acquire educational and job skills. The House bill includes as
authorized activities: coursework to prepare students to take
college level courses; the pursuit of a postsecondary education
certificate or an associate or bachelor's degree while in
prison; and employment counseling and other related services
that may end not later than one year after release.
The Senate and the House recede with an amendment to
direct the Secretary to establish programs to assist and
encourage incarcerated individuals who have obtained a
secondary school diploma or its recognized equivalent to
acquire educational and job skills. Authorized activities
include: coursework to prepare students to pursue a
postsecondary education certificate or an associate or
bachelor's degree while in prison; pursuit of a postsecondary
education certificate or an associate or bachelor's degree
while in prison; and employment counseling and other related
services that may end not later than two years after release.
The Senate amendment requires that an eligible State
correctional education agency shall include in its application
a list of the accredited institutions that will provide the
postsecondary educational services.
The House bill requires that an eligible State
correctional education agency shall include in its application
a list of the accredited institutions with campuses established
outside the prison facility that will provide the postsecondary
educational services.
The House recedes.
The Senate amendment and the House bill require an
eligible State correctional education agency to include in its
application a description of how the proposed program will be
integrated with existing State correctional education programs
and vocational training.
The Conferees adopt the provision with an amendment to
change the reference to ``vocational'' to ``career and
technical''.
The Senate amendment and the House bill require a State
correctional education agency receiving a grant under this to
submit an annual report to the Secretary.
The House bill requires this report includes a
description of how the funds provided are being allocated among
postsecondary preparatory education, postsecondary academic,
and vocational education programs.
The Senate and House recede with an amendment to change
the reference to ``vocational'' to ``career and technical'' and
to include in the report a description of the service delivery
methods being used for each course offering.
The Senate amendment includes a section on student
eligibility that defines ``eligible youth offender'' as an
individual who is eligible to be released from State prison
within five years; who is thirty-five years of age or younger;
and has not been convicted of murder, a crime against a minor,
or a sexually violent crime.
The House bill includes no similar provision.
The House recedes with an amendment to clarify that an
eligible incarcerated individual is an individual who is
eligible for release with seven years; is thirty-five years of
age or younger; and has not been convicted of murder, a crime
against a minor, or a sexually violent crime.
Both the Senate amendment and the House bill include
similar ``Length of Participation'' sections.
The House recedes with an amendment to clarify that
grantees may provide educational and related services to
participating individuals for not more than seven years, up to
two years of which may be devoted to study in a graduate
education degree program or to coursework to prepare such
individuals to take college level courses.
The Senate amendment allocates funds to States based on
the total number of eligible students.
The House bill allocates funds to States based on the
total number of incarcerated individuals in the State in
relation to the total number of incarcerated individuals in all
States.
The House recedes.
The Senate amendment authorizes such sums as may be
necessary for fiscal year 2008 through fiscal year 2013.
The House bill does the same except for fiscal year 2009
and the four succeeding fiscal years.
The House recedes with an amendment to strike fiscal year
2008 through fiscal year 2013 and replace with fiscal year 2009
through fiscal year 2014.
Conferees recognize the value and contribution of the
Grants to States for Workforce and Community Transition
Training for Incarcerated Individuals. The conferees intend for
the Secretary to implement improvements that would provide
greater flexibility to State correctional education agencies to
identify and serve individual inmates who are best able to
benefit from postsecondary education, including expanding the
eligibility criteria for participation to include individuals
who are age thirty-five or younger and who are eligible for
release within seven years. Conferees also intend for the
Secretary to expand and strengthen State plan and reporting
requirements related to performance monitoring and measuring
outcomes, guiding States to develop and implement performance
monitoring and evaluation plans that reflect results-based
program management. Conferees understand that these provisions
are to support the longitudinal study of post secondary
correctional education in Section 1112, ``Study of Correctional
Postsecondary Education.''
Section 933. Underground Railroad Educational and Cultural Program
The Senate amendment provides such sums as necessary for
fiscal year 2008 through fiscal year 2013.
The House bill provides $3,000,000 for fiscal year 2009
and each of the four succeeding fiscal years.
The House and Senate recede with an amendment to clarify
that funds under the Underground Railroad Educational and
Cultural Program may be used to support activities that include
the lessons to be drawn from the history of the Underground
Railroad; allow activities authorized under the program to be
made available to elementary and secondary schools,
institutions of higher education, and the general public; and
amend the matching funds provision under the program to require
grantees to implement a public-private partnership under the
program that provides matching funds from non-Federal sources
in an amount equal to or greater than four times the amount
awarded to the grantee.
Section 934. Olympic scholarships under the higher education amendments
of 1992
The Senate amendment authorizes from fiscal year 2008
through fiscal year 2013.
The House bill authorizes for fiscal year 2009 through
fiscal year 2013.
The House recedes with an amendment to strike fiscal year
2008 through fiscal year 2013 and replace with fiscal year 2009
through fiscal year 2014.
Section 935. Establishment of a deputy assistant secretary for
international and foreign language education
The House bill creates a new Assistant Secretary for
International and Foreign Language Education. The new Assistant
Secretary would have responsibility for encouraging and
promoting the study of cultures of other countries at all
levels of education; carrying out the administration of all
Department programs on international and foreign language
education and research; and coordinating the Department's
international and foreign language education programs with
other departments and agencies.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to establish a
Deputy Assistant Secretary position under the Office of
Postsecondary Education in the United States Department of
Education.
The Conferees note that the National Academy of Sciences
has recommended that the Department of Education should
consolidate the administration of its international education
and foreign language programs under an executive level position
reporting to the Secretary who will provide more strategic
direction and coordination with other federal agencies and the
nation's education community, with respect to international
education and foreign language programs. While this Act does
not create an Assistant Secretary and Office for International
and Foreign Language Instruction, nothing in this Act limits
the ability of a future Secretary of Education to establish
one. The appointed Deputy Assistant Secretary required by this
Act should be an individual with extensive background and
experience in international and foreign language education, and
shall have authority to administer and coordinate the
Department's international and foreign language education
programs with other departments and agencies.
SUBPART 1--TRIBAL COLLEGES AND UNIVERSITIES
Section 941. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978
The Senate amendment and the House bill contain similar
provisions to reauthorize the Tribally Controlled College or
University Assistance Act of 1978.
The Conferees adopt the provision as proposed by both the
Senate and the House.
SUBPART 2--NAVAJO HIGHER EDUCATION
Section 945. Short title
The Senate amendment contains a provision to cite this
subpart as the ``Navajo Nation Higher Education Act of 2006.''
The House bill contains no similar provision.
The House recedes with an amendment to change the date in
the title from ``2006'' to ``2008.''
Section 946. Reauthorization of the Navajo Community College Act
The Senate amendment and the House bill contain similar
provisions to reauthorize the Navajo Community College Act.
The Conferees adopt the provisions as proposed by both
the Senate and the House.
Part E--Omnibus Crime Control and Safe Streets Act of 1968
Section 951. Short title
The Senate provides that this Part may be cited as the
``John R. Justice Prosecutors and Defenders Incentive Act of
2007.''
The House bill contains no similar provision.
The House recedes with an amendment to strike 2007 and
insert 2008.
Section 952. Loan repayment for prosecutors and defenders
The Senate amendment amends the Omnibus Crime Control and
Safe Streets Act of 1968 to establish a Loan Repayment for
Prosecutors and Public Defenders program, under which the
Attorney General may assume the obligation to repay up to
$10,000 of federal student loans per year, with a maximum of
$60,000, owed by full-time state and local prosecutors and
public defenders who agree to a service agreement of at least
three years.
The House bill defines ``prosecutor'' and ``public
defender'' and gives priority to borrowers who have the least
ability to repay.
Both the Senate and the House recede with amendments to
modify the definitions of ``prosecutor'' and ``public
defender'' by changing references to a local agency or local
level to be a unit of local government, exclude Parent PLUS
Loans from eligibility for this program, require an Inspector
General report not later than three years after the date of
enactment, and include the priority contained in the House
bill.
The Senate amendment authorizes the appropriation of
$25,000,000 for fiscal year 2008, and such sums as may be
necessary for each succeeding fiscal year.
The House bill authorizes the appropriation of
$25,000,000 for fiscal year 2008, and each fiscal year through
fiscal year 2013.
The House recedes with an amendment striking fiscal year
2008 and replacing with fiscal year 2009 and authorizing as may
be necessary for the five succeeding fiscal years.
Part F--Institutional Loan Repayment Assistance Program
Section 961. Institutional loan forgiveness programs
The House bill specifies that notwithstanding any other
provision of law a public or private institution of higher
education may provide financial assistance to current and
former students who are officers or employees of a branch or
independent agency of the U.S. government or of the District of
Columbia, for the purpose of repaying a student loan or
providing forbearance, provided that such assistance is
provided in accordance with a published written policy of the
institution of higher education pertaining to the provision of
such assistance for current and former students who perform
public service.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to change the title
of the section to ``Institutional Loan Repayment Assistance
Programs'' and to clarify that a published policy regarding the
loan forgiveness must have been in place at the time the
beneficiary of such assistance was enrolled in the institution
of higher education that provides the subsequent loan
forgiveness. The Conferees are concerned that the high cost of
college and corresponding increasing debt students are taking
on to pay for postsecondary education is making it increasingly
difficult for many graduates to enter public service. The
Conferees commend institutions of higher education that have
chosen to use their own resources to address this challenge by
developing loan repayment assistance programs to encourage
their students and graduates to enter public service jobs. The
Conferees are aware of recent concern on the part of some
universities that these programs may run afoul of federal law,
and would like to ensure that universities that offer such loan
repayment or assistance programs, implemented in accordance
with the statutory language, and their students and graduates
that receive assistance through such programs, do not face
liability for such actions under 18 U.S.C. 209 or any other
provision of federal law, regulation or practice, including
``gift bans'' that apply to federal government employees.
Part G--Minority Serving Institutions Digital and Wireless Technology
Opportunity Program
Section 971. Minority serving institution digital and wireless
technology opportunity program
The Senate amendment and the House bill authorizes a
competitive grant program, with a matching requirement, to
Minority Serving Institutions to strengthen their ability to
provide capacity for instruction in digital and wireless
technologies and to increase the national investment in
telecommunications and technology infrastructure at Minority
Serving Institutions. The Senate amendment administers the
program through the Department of Education and the House bill
administers the program through the Department of Commerce.
The Senate recedes with an amendment to authorize such
sums as may be necessary for the program.
Section 972. Authorization of appropriations
The Senate amendment and the House bill authorize such
sums as many be necessary to carry out the Minority Serving
Institutions Digital and Wireless Technology Opportunity
Program. The Senate amendment authorizes appropriations to the
Secretary of Education to administer the program and the House
bill provides appropriations to the Secretary of Commerce to
administer the program.
The Senate recedes.
TITLE X--PRIVATE STUDENT LOAN IMPROVEMENT
Section 1001. Short title
The House bill includes a Title X, referred to as the
``Private Student Loan Transparency and Improvement Act of
2008.''
The Senate amendment contains no similar provision.
The Senate recedes.
Section 1002. Regulations
The House bill requires the Board of Governors of the
Federal Reserve System (hereinafter referred to as the Board)
to issue final regulations to implement these amendments to the
Truth in Lending Act (TILA) no later than 180 days after the
date of enactment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to change the time
by which the Board is required to issue regulations from 180
days to 365 days, and for those regulations to be effective six
months from issuance.
Section 1003. Effective dates
The House bill establishes an effective date for Title X
of 180 days after regulations are issued by the Secretary of
the Treasury in final form.
The Senate amendment includes no similar provision.
The Senate recedes with an amendment to change the
effective date of the provisions of the Title to be the date of
enactment of the Act, except for paragraphs 1, 2, 3, 5, and 6
of Section 128(e) and Section 140(c) of the TILA, as added by
this Title, for which the effective date is the earlier of the
date on which regulations are issued or eighteen months after
the date of enactment of this Act.
SUBTITLE A--PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL LENDING
PRACTICES AND ELIMINATING CONFLICTS OF INTEREST
Section 1011. Amendment to the Truth in Lending Act
The House bill amends TILA by adding a new Section 140 to
Chapter 2 that defines ``Board,'' ``covered educational
institution,'' ``Federal banking agencies,'' ``institution of
higher education,'' ``postsecondary educational expenses,''
``private educational lender,'' and ``private education loan.''
The Senate amendment includes no similar provision.
The Senate recedes with amendments to: substitute the
definition ``private educational lender;'' modify the
definition of ``private education loan;'' include definitions
for ``preferred lender arrangement,'' ``gift,'' and ``revenue
sharing;'' and strike the definitions of ``Board'' and
``Federal banking agencies.''
The House bill includes prohibitions on gift giving,
revenue sharing arrangements, co-branding, participation on
advisory councils, and prepayment fees and penalties for
covered institutions of higher education and private
educational lenders.
The Senate amendment includes no similar provision.
The Senate recedes with an amendment that substitutes the
provision that prohibits a covered educational institution
financial aid official from participating on a private
educational lender's advisory council with a provision that
prohibits certain employees of a covered educational
institution from receiving anything of value for service on an
advisory board, commission, or group established by a private
educational lender, with the exception of reimbursements of
reasonable expenses incurred by an employee of such an
institution. The Senate amendment also amends the Higher
Education Act of 1965 to require institutions of higher
education to annually report to the Secretary of Education any
reasonable expenses paid or provided by a private educational
lender to any employee who is employed in the financial aid
office of the institution, or who otherwise has
responsibilities with respect to education loans or other
financial aid of the institution, for service on a private
educational lender's advisory board, commission, or group. The
amendment also requires the Secretary of Education to summarize
the information received from institutions of higher education
and annually report the information to the authorizing
committees.
With respect to this section's prohibition on co-
branding, the Conferees understand that some credit unions
share the names of the institutions of higher education whose
communities they serve. Nothing in this Section is intended to
prohibit a credit union whose name includes the name of a
covered educational institution from using its own name in
marketing its private education loans.
The Conferees intend that a lender may demonstrate it is
not implying endorsement by the covered educational institution
of its private education loans by providing a clear prominent
and conspicuous disclaimer that the use of the name, emblem,
mascot, or logo of a covered educational institution, or other
words, pictures, or symbols readily identified with a covered
educational institution, in no way implies endorsement by the
covered educational institution of the lender's private
education loans and that the lender is not affiliated with the
covered educational institution.
The Conferees intend that nothing in this section shall
prohibit states or institutions of higher education from using
State seals, with appropriate authorization, in the marketing
of state education loan products.
Section 1012. Civil liability
The House bill amends TILA to permit borrowers of private
education loans to bring an action concerning a violation of
specified provisions in any United States District Court, or in
any other court of competent jurisdiction, within one year
following the date on which the first payment of principal is
due on the loan, and provides for the award of certain
specified damages with respect to a violation of a borrower's
right of rescission.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to provide for the
award of damages with respect to violations of certain
specified disclosures and terms required by Section 128 of
TILA, as amended by this Act. The Senate amendment also
provides that a private educational lender has no civil
liability with respect to section 128(e)(3) of TILA, which
requires lenders to obtain a prospective borrower's self-
certification of information.
Section 1013. Clerical amendment
The TILA table of sections is amended.
The Senate amendment includes no similar provision.
SUBTITLE B--IMPROVED DISCLOSURES FOR PRIVATE EDUCATION LOANS
Section 1021. Private education loan disclosures and limitations
The House bill amends TILA by adding a new subsection (e)
to Section 128 that requires certain consumer disclosures at
application and solicitation, approval, and consummation of
private education loans.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify and
modify the required disclosures and provide additional
disclosures, subject to regulation by the Board.
The House bill requires private educational lenders to
obtain a written acknowledgment from a consumer that the
consumer has read and understood the disclosures.
The Senate amendment contains no similar provision.
The House recedes.
The House bill requires a private educational lender,
prior to issuing any funds to a borrower, to obtain from an
institution of higher education, such institution of higher
education's certification of the enrollment status of the
borrower, the borrower's cost of attendance, and 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 and other assistance known to the
institution of higher education.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to replace the
requirement that a lender obtain an institution of higher
education's certification of information with a requirement
that a lender obtain from a prospective borrower such
borrower's self-certification of information before a private
education loan may be consummated. The amendment also amends
the Higher Education Act of 1965 to require the Secretary of
Education, in consultation with the Board, to develop a
borrower self-certification form for the purpose of satisfying
the requirement that lenders obtain prospective borrowers'
self-certification of information prior to the consummation of
a private education loan. In addition, the amendment includes a
rule of construction to clarify that a private educational
lender need not perform any additional duty beyond collecting a
prospective borrower's completed and signed self-certification
form, and a rule of construction to clarify that the amendment
does not create a private right of action against an
institution of higher education with respect to the self-
certification form developed by the Secretary.
The House bill includes requirements for formatting of
new disclosures required by subsection (e) of TILA, as amended
by this Act.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that provides for a
model form, to be developed by the Board, based on consumer
testing and in consultation with the Secretary of Education,
that may be used by private educational lenders for the
provision of required disclosures, and a requirement that
lenders that have preferred lender arrangements with a covered
educational institution must annually provide to such
institutions the information the Board determines to include in
the model form for each type of education loan the lenders plan
to offer to students attending the covered educational
institution, or to the families of such students. The Board is
directed to, where possible, prevent duplicative disclosure
requirements. Private educational lenders that have preferred
lender arrangements with covered institutions are required to
provide to the covered educational institutions such
information as may be required by the Board as a part of the
model form developed under this section.
The House bill provides a borrower of a private education
loan up to thirty calendar days to accept the terms of the
loan, during which time the rates and terms of the loan may not
be changed by the private educational lender, with certain
exceptions.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill provides a borrower of a private education
loan the right to cancel a loan without penalty at anytime
within three business days of the date the loan is consummated.
Disbursement within the three business day cancelation window
is prohibited.
The Senate amendment contains no similar provision.
The Senate recedes.
The House bill requires a private educational lender, on
or before the date on which a private educational lender issues
any funds with respect to a private education loan, to notify
the relevant institution of higher education of the amount of
the loan and the student on whose behalf the loan is made.
The Senate amendment contains no similar provision.
The House recedes.
Section 1022. Application of Truth in Lending Act to all private
education loans
The House bill extends the provisions of TILA to all
private education loans, regardless of the amount of such
loans.
The Senate amendment contains no similar provision.
The Senate recedes.
SUBTITLE C--COLLEGE AFFORDABILITY
Section 1031. Community Reinvestment Act credit for low-cost loans
The House bill amends the Community Reinvestment Act to
require the appropriate Federal financial supervisory agency to
consider as a factor in assessing the financial institution's
record of meeting the credit needs of its entire community
(including low- and moderate-income neighborhoods, consistent
with the safe and sound operation of such institution), low-
cost education loans provided by the financial institution to
low-income borrowers.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require each
Federal financial supervisory agency to issue final rules to
implement the amendment no later than one year after the date
of enactment of the Act.
SUBTITLE D--FINANCIAL LITERACY; STUDIES AND REPORTS
Section 1041. Definitions
The House bill defines covered educational institution,
private educational lender, private education loan,
historically Black colleges and universities, and land-grant
colleges and universities for purposes of this subtitle.
The Senate amendment contains no similar provisions.
The Senate recedes.
Section 1042. Coordinated education efforts
The House bill requires the Secretary of the Treasury, in
coordination with the Secretary of Education, the Secretary of
Agriculture, and appropriate member agencies of the Financial
Literacy and Education Commission, to undertake efforts to
enhance financial literacy among students at institutions of
higher education. Not later than two years after the date of
enactment, the Financial Literacy and Education Commission is
required to submit a report to Congress on the state of
financial literacy among students at institutions of higher
education. The House bill also requires GAO to study and report
to Congress on the inclusion of non-individual factors (e.g.,
institution of higher education cohort default rates,
accreditation, and graduation rates) in the underwriting
criteria used to determine the pricing of private education
loans.
The Senate amendment contains no similar provisions.
The Senate recedes with amendments to: define ``covered
educational institution,'' ``historically Black colleges and
universities'' and ``land-grant colleges and universities;''
expand the scope of the financial literacy efforts to capture
both students and their families; clarify that the Secretary of
the Treasury shall provide, upon request, testimony before the
Senate Committee on Banking, Housing and Urban Affairs and the
House Committee on Financial Services on the report required
under this section; clarify that GAO shall submit its final
report on non-individual factors to the Senate Committee on
Banking, Housing, and Urban Affairs, the Senate Committee on
Health, Education, Labor and Pensions, the House Committee on
Financial Services, and the House Committee on Education and
Labor; and move the GAO report to Title XI of this Act.
TITLE XI--STUDIES AND REPORTS
Section 1101. Study on foreign graduate medical schools
The Senate amendment requires the Government
Accountability Office (``GAO'') to complete a study that shall
examine American students receiving Federal financial aid to
attend graduate medical schools located outside of the United
States and submit a report with the conclusions of the study to
Congress.
The House bill contains no such provisions.
The House recedes.
Section 1102. Employment of postsecondary education graduates
The Senate amendment requires the GAO to conduct a study
of the information states currently have on employment of
students who have completed postsecondary education programs
and the feasibility of collecting this type of information, the
evaluation systems used by other industries to identify
successful programs, the best means of collecting this
information, and the best means of displaying employment
information.
The House bill contains no such provision.
The House recedes.
Section 1103. Study on IPEDS
The Senate amendment requires the GAO to conduct a study
on the time and cost burdens to institutions of higher
education associated with responding to Integrated
Postsecondary Education Data System (``IPEDS'').
The House bill contains no similar provision.
The House recedes with an amendment to require the GAO to
report on the feasibility of collecting additional data from
institutions of higher education for use in IPEDS, including
information on the percentage of enrolled undergraduate
students who graduate within two years (in the case of two-year
institutions of higher education), and four, five and six years
(in the case of two- and four-year institutions of higher
education), by race and ethnic background and by income
categories.
The House bill requires the Commissioner of Education
Statistics to redesign IPEDS as needed to collect the
additional data required in this subsection and to continue to
improve the usefulness and timeliness of IPEDS.
The Senate amendment contains no similar provision.
The House recedes.
Section 1104. Report and study on articulation agreements
The House bill requires the Secretary to conduct a study
of articulation agreements at state-based college and
university systems and at other institutions of higher
education.
The Senate amendment contains no similar provisions.
The Senate recedes.
Section 1105. Report on proprietary institutions of higher education
The Senate and the House agree to require the GAO to
conduct an analysis of proprietary institutions of higher
education subject to the 90/10 rule.
Section 1106. Analysis of Federal regulations on institutions of higher
education
The House bill requires the Secretary to enter into an
agreement 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 Senate amendment contains no similar provisions.
The Senate recedes.
Section 1107. Independent evaluation of distance education programs
The House bill authorizes the Secretary to enter into an
agreement with the National Academy of Sciences to conduct an
independent evaluation of the quality of distance education
programs.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify specific
areas of study and push out the deadlines for the interim and
final reports.
Section 1108. Review of costs and benefits of environmental, health and
safety standards
The House bill authorizes the Secretary to enter into an
agreement with the National Research Council of the National
Academy of Sciences to conduct a national study to determine
the costs and viability of developing and implementing
standards in environmental, health and safety areas.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 1109. Study of minority male academic achievement
The House bill authorizes the Secretary to conduct 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. 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. A report shall
be presented to the Authorizing Committees no later than four
years following enactment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to include other
racial and ethnic groups in the study.
Section 1110. Study on bias in standardized testing
The House bill requires the GAO to conduct a study to
identify the presence of race, ethnicity, and gender biases in
standardized tests. An interim report shall be presented to the
Authorizing Committees no later than one year following
enactment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to carry out the
study through the Board on Testing and Assessment.
The Conferees intend that the study be consistent with
protocols utilized by the National Academy of Sciences, which
includes provisions for public access for data collected and
used to conduct the study.
Section 1111. Endowment report
The House bill requires the Secretary to conduct a study
on the amount, uses and public purposes of endowments at
institutions of higher education. A report shall be presented
to the Authorizing Committees no later than one year following
enactment.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to have the GAO
conduct the study and provide additional detail on areas to be
studied.
Section 1112. Study on correctional postsecondary education
The House bill requires the Secretary to conduct a
longitudinal study to assess the effects of correctional
postsecondary education that uses empirical assessment methods,
measures a range of outcomes, and examines different delivery
systems of postsecondary education.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the
Secretary of Education to consult with the Secretary of Labor
and the Attorney General in carrying out the study.
The Conferees recognize that prison populations in the
United States continue to swell, placing financial burdens on
operating jurisdictions and representing lost human potential
among the citizenry. Given that recidivism of released
offenders is a key factor in prison population growth, the
Conferees intend for the Secretary to consult with the
Secretary of Labor and the Attorney General to determine the
benefit of postsecondary education during the period of
correctional confinement as a means to reduce post release
offending. Further, the Secretary is charged with identifying
and studying potential ways to deliver postsecondary education
within correctional environments.
Section 1113. Study of aid to less-than-half-time students
The House bill requires the Secretary to conduct a study
on expanding eligibility for Title IV aid to less-than-half-
time students.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 1114. Study on regional sensitivity in the needs analysis
formula
The House bill requires the GAO to review the methodology
that is used to determine the expected family contribution
under the needs analysis formula found in Part F of Title IV.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 1115. Study of the impact of student loan debt on public
service
The House bill requires the Secretary in consultation
with the Office of Management and Budget, an organization with
expertise in the field of public service, and other 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.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to clarify what
items that the study should cover.
Section 1116. Study on teaching students with reading disabilities
The amendment requires the Secretary of Education to
enter into an agreement with the National Academy of Sciences
to study the quality of teacher education programs with respect
to meeting the needs of students with reading and language
processing disabilities.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to focus the scope
of the study and have the study be conducted by the Center for
Education at the National Academy of Sciences. The study will
examine the degree to which schools of education prepare their
teachers to effectively address the five essential components
of reading instruction. The study will also examine quality of
the teacher preparation reading programs to determine the
extent to which these programs incorporate early intervention
strategies that target the prevention of reading failure before
it occurs. The Conferees believe that teacher preparation
programs should be aligned with current research and based on
the essential components of reading instruction. These programs
should ensure that our Nation's future teachers are adequately
prepared to address the diverse learning needs of students with
reading and language processing disabilities, including
dyslexia. The Conferees are concerned that pre-service teachers
do not receive adequate training in the fundamentals of reading
instruction during their teacher preparation program, and thus
are not prepared to effectively meet the diverse needs of the
students that they teach.
Section 1117. Report on income-contingent repayment through the income
tax withholding system
The House bill includes a sense of the Congress that the
Secretaries of Education and the Treasury will work together to
develop a process by which borrowers can convert their student
loans to income-contingent loans where they will make payments
on their student loans using income tax withholding. The House
bill requires the Secretaries of Education and the Treasury to
report to the Authorizing Committees within one year after the
date of enactment with information on progress in developing
such a system for borrowers to convert their loans to income-
contingent loans that they will repay through income tax
withholding.
The Senate amendment contains no similar provisions.
The Senate recedes with an amendment to strike the sense
of the Congress and refine the scope of the report.
Section 1118. Developing additional measures of degree completion
The Senate amendment requires institutions to
disaggregate data on completion and graduation rates based on
student gender, race/ethnicity, and receipt of a Pell Grant and
federal loans under Title IV.
The House bill contains no similar provision.
The House recedes with an amendment to require the
Secretary, in coordination with the Commissioner of Education
Statistics, representatives of institutions, and other
stakeholders to make recommendations on alternative ways to
report such graduation rate information.
Section 1119. Study on the financial and compliance audits of the
Federal Student Loan Program
The House bill required the Secretary to conduct an audit
of the Direct Loan Program and guaranty agencies in the Federal
Family Loan Program.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to require the GAO
to conduct a study on the audits being done of the student loan
programs and the ability of the audits to determine whether the
programs are operating in the best interests of students and
taxpayers.
Section 1120. Summit on sustainability
The House bill requires the Secretary to convene a summit
on sustainability in higher education no later than September
30, 2008.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to strike 2008 and
replace with 2010 for the date by which the Secretary must
convene the Summit.
Section 1121: Nursing school capacity
The House bill requires the Secretary to enter into an
agreement with the Institute of Medicine of the National
Academy of Sciences to conduct a study on the capacity of
nursing schools to admit and train a sufficient number of
registered nurses to meet health care needs in the United
States.
The Senate amendment contains no similar provision.
The Senate recedes.
Section 1122. Study and report on non-individual information
The House bill requires the GAO to study and report to
Congress on the inclusion of non-individual factors (e.g.,
institution of higher education cohort default rates,
accreditation, and graduation rates) in the underwriting
criteria used to determine the pricing of private education
loans. No later than one year after the date of enactment, the
GAO shall submit a report on the results of the study to
Congress.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment to move the
provision to Title XI and require the GAO to report to the
Senate Committees on Banking, Housing and Urban Affairs and
Health, Education, Labor and Pensions.
Section 1123. Feasibility study for student loan clearinghouse
The House bill requires the Secretary of Education to
conduct a study on the feasibility of developing a National
Electronic Student Loan Marketplace to provide a registry of
real-time information on Federal student loans and private
educational loans, and other purposes.
The Senate amendment authorizes the Secretary of
Education to establish one or more clearinghouses of
information on Federal student loans and private educational
loans, for use by prospective borrowers or any person desiring
information regarding available interest rates and other terms
from lenders.
The Senate recedes with an amendment to require the
Comptroller General to conduct a study on the feasibility of
developing a national student loan clearinghouse on the website
of the Department of Education to provide a registry of real-
time information on Federal student loans and private
educational loans, and further modifies the purposes of the
study.
Section 1124. Study on Department of Education oversight of incentive
compensation ban
The Conferees require the GAO to conduct a study of
efforts made by the Department of Education to enforce the
existing program participation agreement requirement that
prohibits institutions from offering incentives for enrollment.
Section 1125. Definition of authorizing committees
Authorizing Committees are defined for purposes of this
Title.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives, this conference report and the
statement of managers accompanying this conference report
contain no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
George Miller,
Ruben Hinojosa,
John F. Tierney,
David Wu,
Timothy Bishop,
Jason Altmire,
John Yarmuth,
Joe Courtney,
Robert E. Andrews,
Bobby Scott,
Susan A. Davis,
Danny K. Davis,
Mazie K. Hirono,
Bart Gordon,
Brian Baird,
John Conyers, Jr.,
Maxine Waters,
Buck McKeon,
Ric Keller,
Thomas Petri,
Cathy McMorris Rodgers,
Mike Castle,
Mark Souder,
Vernon J. Ehlers,
Judy Biggert,
Louie Gohmert,
Managers on the Part of the House.
Ted Kennedy,
Christopher Dodd,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Patty Murray,
Jack Reed,
Hillary Rodham Clinton,
Barack Obama,
Bernard Sanders,
Sherrod Brown,
Michael B. Enzi,
Judd Gregg,
Richard Burr,
Lisa Murkowski,
Orrin G. Hatch,
Pat Roberts,
Wayne Allard,
Managers on the Part of the Senate.