[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.

                                  
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