[Senate Report 110-231]
[From the U.S. Government Publishing Office]
110th Congress 1st
Session SENATE Report
110-231
_______________________________________________________________________
HIGHER EDUCATION AMENDMENTS
OF 2007
----------
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
to accompany
S. 1642
November 15, 2007.--Ordered to be printed
HIGHER EDUCATION AMENDMENTS OF 2007
C O N T E N T S
----------
Page
I. Purpose and summary of legislation...............................1
II. Background and need for legislation..............................8
III. Legislative history and committee action.........................9
IV. Explanation of bill and committee views.........................11
V. Cost estimate...................................................53
VI. Application of law to the legislative branch....................58
VII. Regulatory impact statement.....................................58
VIII.Section-by-section analysis.....................................58
IX. Changes in existing law........................................113
110th Congress Report
SENATE
1st Session 110-231
======================================================================
HIGHER EDUCATION AMENDMENTS OF 2007
_______
November 15, 2007.--Ordered to be printed
_______
Mr. Kennedy, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 1642]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 1642) to extend the
authorization of programs under the Higher Education Act of
1965, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill (as amended) do pass.
I. Purpose and Summary of Legislation
The purpose of S. 1642, the Higher Education Amendments of
2007, is to reauthorize and improve the Federal student
financial aid programs and other higher education programs
established under the Higher Education Act of 1965. The bill
also reauthorizes and amends the Education of the Deaf Act of
1986, the United States Institute of Peace Act, the Tribally
Controlled College or University Assistance Act of 1978, and
the Navajo Community College Act.
S. 1642 is the product of an extensive bipartisan effort
that included over 100 hours of bipartisan meetings and input
from the major stakeholders in higher education.
This legislation amends the Higher Education Act of 1965,
the Higher Education Amendments Act of 1998, and the Higher
Education Amendments of 1992 by making the changes identified
below.
Title I--General Provisions
This title makes several conforming changes to the Higher
Education Act of 1965, authorizes programs and updates terms
and provisions. Both the general definition of an institution
of higher education and the definition of an institution for
purposes of title IV aid are expanded to include those that
admit students who are beyond compulsory school age or who are
dually or concurrently enrolled in the institution and a
secondary school. A Sense of the Senate regarding student free
speech is included. This title also replaces the National
Advisory Committee on Institutional Quality and Integrity with
an Accreditation and Institutional Quality and Integrity
Advisory Committee in the Department of Education to assess the
process of accreditation and the institutional eligibility and
certification of institutions of higher education under title
IV. Additional reporting requirements are required under the
Drug Abuse Prevention Grant program. The information the
Secretary makes available to the public on an annual basis
regarding financial aid, college costs, and academic programs
is expanded but a Federal database of personally identifiable
information on students is prohibited from being developed. The
functions of the Performance-Based Organization (PBO) in the
Department of Education are amended. Additional reporting
requirements are added for covered institutions that enter into
educational loan arrangements.
Title II--Teacher Quality Enhancement
The legislation replaces Teacher Quality Enhancement Grants
for States and Partnerships with Teacher Quality Partnership
Grants to improve student achievement and the quality of the
Nation's teaching force by holding higher education
institutions accountable for preparing teachers and promoting
strategies to recruit and prepare qualified individuals. Under
this Title, the Secretary is authorized to award competitive
Teacher Quality Partnership Grants to eligible partnerships to
carry out a teacher preparation program for bachelor's degree
students, a teaching residency program, or both. Teacher
preparation programs shall include educational reforms, pre-
service clinical experience and interaction, induction programs
that provide new teachers with mentoring and support for at
least their first 2 years of teaching, support and preparation
for early childhood educators, if applicable, and effective
mechanisms to recruit qualified individuals to become highly
qualified teachers. Teaching residency programs shall consist
of prospective teachers working alongside mentor teachers,
earning a master's degree and State teacher certification or
licensure, and fulfilling eligibility requirements to be
considered a highly qualified teacher under the Elementary and
Secondary Education Act. Partnership grants are provided under
a 1:1 formula and a priority is given to broad-based
partnerships that include business and community organizations
and to partnerships that will ensure an equitable distribution
of grants among urban and rural areas. All institutions that
conduct teacher preparation programs and enroll students
receiving title IV assistance must report data on their
programs to the State in which the institution is located and
the general public. States that receive funds under this act
must provide State report cards on the quality of teacher
preparation programs in their State.
Title III--Institutional Aid
This title reauthorizes programs to support Historically
Black Colleges and Universities, Alaska Native and Native
Hawaiian-Serving Institutions, Tribal Colleges and
Universities, and professional or graduate programs for
minority students. S. 1642 expands allowable uses of grant
funds for minority-serving institutions to include acquiring
property adjacent to the institution, education or counseling
services designed to improve financial literacy of students or
their parents, and developing or improving distance learning or
internet facilities and capabilities. It is established that
the Secretary may reserve 30 percent of a fiscal year's
appropriated funds to award at least $1 million for maintenance
and renovation at institutions under this title, with a
priority given to a tribally controlled college or university
that has not received an award under section 316 in the past.
Remaining appropriated funds would be used to award grants to
institutions on a formula basis, with a priority to
institutions with a high population of Indian students. Seven
new minority-serving institutions that have established
qualified graduate programs since the Higher Education
Amendments of 1998 have been added to the list of eligible
professional and graduate programs. A new program for Native
American-serving, nontribal institutions is established to
improve and expand their capacity to serve Native American
students.
Title IV--Student Assistance
Part A--Grants to students in attendance at institutions of higher
education
Pell grants
The legislation establishes the maximum authorized Pell
award at $5,400 for academic year 2008-09 and increases the
authorization to $6,300 over the next 4 years. The minimum Pell
grant award is changed from $400 to 10 percent of the maximum
authorized for a given year. The ``tuition sensitivity''
provision, which can negatively affect award amounts for
students attending low-cost institutions such as community
colleges, has been eliminated. The legislation requires the
Secretary to allow students who are enrolled at least on a
half-time basis in a 2- or 4-year program of instruction and
for more than 1 academic year to receive up to two Pell grants
in 1 award year. After many years of having no time limitation
on the receipt of Pell grant funds, the committee establishes a
time limit of 18 semesters or an equivalent period of time.
TRIO programs
The Federal TRIO programs, including Talent Search, Upward
Bound, Student Support Services, Postbaccalaureate Achievement,
and Educational Opportunity Centers programs, which provide
assistance for first generation and low-income students, have
been reauthorized and strengthened. The legislation adds
meaningful accountability that will ensure programs maintain
high quality services to students. S. 1642 also expands the
list of required and permissible services for TRIO programs, in
part, to include improving student or parent financial and
economic literacy and programs for students with disabilities
and those who are homeless or in foster care.
GEAR UP
The GEAR UP program provides assistance for States or
partnerships to help low-income students in 7th grade through
high school prepare for college. This legislation maintains the
requirement that States provide scholarships for students.
Activities are expanded beyond early intervention programs to
include those designed to improve high school and postsecondary
graduation rates.
Leveraging Education Assistance Partnership (LEAP)
The LEAP program is reauthorized, but the Special LEAP
program is replaced by the Grants for Access and Persistence
program, which is designed to improve the ability of the
Federal Government to leverage funds for student need-based
grant aid through State and private funds.
Migrant and seasonal programs
The migrant and seasonal program is reauthorized and
services provided by the college assistance migrant program are
expanded to include internships, transportation, and child
care. Changes to the program mirror language in the Senate
Workforce Investment Act reauthorization bill, in that families
of migrant workers are made eligible for services.
Robert C. Byrd Honors Scholarship Program
The Robert C. Byrd Honors Scholarship Program is
reauthorized without change.
Part B--Federal Family Education Loan Program
S. 1642 sunsets the school as lender program as of June 30,
2012. Consumer information requirements with respect to lending
generally, and consolidation lending specifically, are
increased. S. 1642 prohibits guaranty agencies from offering
inducements to institutions of higher education or their
employees or any lender for the purpose of securing benefits,
including applicants for loans, and prohibits unsolicited
mailings of student loan application forms and fraudulent or
misleading advertising of loan availability, terms, or
conditions. Lenders are required to provide borrower repayment
information to all major credit bureaus. Financial literacy is
added to allowable default reduction activities. The definition
of disabled borrowers whose loans can be discharged is
expanded.
Part C--Federal Work-Study Program
The Secretary may waive the community service requirement
for institutions under this part if they can certify that at
least 15 percent of their student enrollment participates in
community service, tutoring or literacy activities. No more
than 10 percent, or $75,000, of an institution's work-study
allotment may be used to establish or expand programs that
locate and develop jobs for its students. This legislation also
emphasizes the importance of service in work-colleges by
changing references in the statute to ``work colleges'' to
``comprehensive work-learning programs'' and ``comprehensive
work-learning-service programs.''
Part D--Federal Perkins loans
The Perkins loan program, through which institutions are
permitted to operate revolving loan funds, is reauthorized.
Four new categories of individuals eligible for loan
cancellation are added, and one is expanded under this part:
full-time staff members in a pre-Kindergarten or child care
program that is licensed or regulated by the State (in addition
to Head Start), full-time faculty members at Tribal Colleges
and Universities, librarians who are employed in schools with a
high population of low-income students, and speech and language
pathologists working with students with disabilities in such
schools will be eligible for Perkins loan forgiveness. The
maximum amount of Perkins Loan forgiveness for members of the
Armed Forces is expanded from 50 percent to 100 percent.
Part E--Need analysis
S. 1642 excludes the value of on-base military housing or
the value of basic allowance for housing in the financial aid
needs analysis calculation, but clarifies that such students'
expenses reasonably incurred for board (not for room) may be
considered for the purpose of determining financial aid.
Part F--General provisions relating to student assistance
The Advisory Committee for Student Financial Assistance is
reauthorized. In addition to its other assignments and
activities, the Advisory Committee is required to carry out a
review and analysis of title IV regulations and conduct a study
of innovative pathways to baccalaureate degree attainment.
The Secretary is required to simplify the financial aid
process, develop a simplified paper ``EZ FAFSA,'' and conduct
early financial aid awareness activities. S. 1642 allows
students to apply for and receive an estimate of Federal
financial aid earlier than the year prior to enrollment. An
early application and award demonstration program is
established that will serve to determine the feasibility of
implementing a comprehensive early financial aid application
and notification system for all dependent students and to
measure the benefits and costs of such a system.
S. 1642 also allows students with intellectual disabilities
to be eligible for Federal student financial assistance even if
they are enrolled in non-degree higher education programs.
Institutions must provide additional information on their
student body diversity, disaggregated graduation rates, student
financial assistance and the procedures for applying for such
assistance, the cost of attending the institution, general
information about the academic and non-academic aspects of the
school programs, policies and sanctions regarding copyright
infringement, campus policies regarding immediate emergency
procedures, student loan information for borrowers during
entrance and exit counseling, and transfer-of-credit policies.
Institutions must also publish an annual fire safety report on
on-campus student housing. In addition, institutions must
provide a list of institutions with which they have established
articulation agreements for the transfer of credits.
The Secretary is required to provide institutions
participating in Federal student aid programs with a calendar
of reporting and disclosure requirements indicating both when
certain information is due and the required recipients. As a
condition of participation, proprietary institutions of higher
education must derive at least 10 percent of their revenues
from sources other than title IV programs. In addition, S. 1642
establishes guidelines for the Secretary to administer the
National Student Loan Data System (NSLDS) in an effort to
ensure the security and efficient operation of the NSLDS.
S. 1642 requires that institutions establish, enforce and
follow a code of conduct regarding student loans that prohibits
institutions and its employees from receiving anything of value
from any lender in exchange for an advantage in securing
student loans. A number of requirements are placed on
institutions of higher education that choose to maintain a
preferred lender list recommending certain lenders to students.
Part G--Program integrity
The criteria that accrediting agencies must consider when
evaluating institutions of higher education is expanded.
Accrediting agencies are required to have expanded due process
procedures in place to resolve disputes over adverse action.
The bill updates accreditation processes with respect to online
or distance education in recognition of current trends. The
bill ensures that institutional missions are considered during
the accreditation process. Accrediting agencies are also
required to confirm as part of their accreditation process that
an institution publicly discloses its transfer of credit
policies. The Secretary is required to provide information to
schools undergoing a program review and give those institutions
an opportunity to review and respond to that information before
a final determination is made.
Lenders of title IV guaranteed loans are required to
provide all borrowers with clear, conspicuous, timely
information on the history of their loan payments and total
charges, repayment options, and default information.
S. 1642 establishes that the Comptroller General shall
evaluate a pilot program for the auction of Federal PLUS loans,
once such a pilot is established.
Title V--Developing Institutions
The bill expands the allowable uses of grants to support
Hispanic-Serving Institutions, similar to the existing program
for Historically Black Colleges and Universities, and creates a
new grant program for eligible Hispanic-serving institutions
that offer graduate programs.
Title VI--International Education
The international education programs are reauthorized and
strengthened to address the need for American expertise and
knowledge about a greater diversity of less commonly taught
languages and nations of the world. An interagency group to
determine the priorities for international education programs
is established.
Title VII--Graduate and Postsecondary Improvement Programs
Graduate education programs under this title are
reauthorized. Areas of professional workforce shortages are
included as areas of national need in determining priority for
grants. The disability demonstration program is reauthorized,
and a new grant program is established to encourage the
formation of special programs for institutions of higher
education to serve students with intellectual disabilities.
Eligibility for the Thurgood Marshall Legal Opportunity Program
is expanded.
The Fund for the Improvement of Postsecondary Education is
reauthorized and new authorizations are established for: a
scholarship program for family members of veterans and members
of the military; support for consortia of institutions to offer
courses focused on poverty and human capability; support for a
program that improves secondary school graduation, college
attendance; and college completion rates among at-risk
students; the creation of a center for best practices for
single parent students in higher education; and assistance to
institutions in understanding Federal education regulations.
Title VIII--Miscellaneous
Grant programs are established to: States to award
scholarships of up to $1,000 to students who have completed a
rigorous math or science secondary school curriculum; contract
with an independent organization to complete an assessment of
the factors associated with cost of tuition; help institutions
of higher education and local Workforce Investment Boards
develop new curriculum and services related to high skill, high
growth occupations; support registered nursing programs;
establish or strengthen postsecondary academic programs or
centers that promote the teaching of traditional American
history; support the Teach for America program; assist highly
qualified minorities and women to acquire the highest degree
available in underrepresented academic areas; contract with a
not-for-profit organization to make available year-to-year
college enrollment rate trends by secondary schools; establish
a new grant program supporting Predominantly Black
Institutions; establish State Early Childhood Education
Professional Development and Career System Task Forces; expand
programs for the development of science, technology,
engineering or mathematics professionals from elementary
schools through college, with a focus on Alaska Native and
Native Hawaiian students; establish a pilot program to increase
student persistence at community colleges; and create a new
grant program for institutions of higher education to develop
and improve their campus safety and emergency response systems.
Title IX--Amendments to Other Laws
EDUCATION OF THE DEAF ACT
The Federal grant program for Gallaudet University and
other institutions serving deaf students at the secondary and
postsecondary levels is reauthorized.
UNITED STATES INSTITUTE OF PEACE ACT
The legislation reauthorizes the U.S. Institute of Peace
and provides for the Institute's authorization to be
automatically extended for 1 year, if necessary, similar to
other Federal education programs. In addition, the legislation
clarifies that the term of members begins on the date of their
confirmation and swearing-in.
TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT AND THE NAVAJO
COMMUNITY COLLEGE ACT
Two programs that provide funding for tribally controlled
institutions of higher education are reauthorized.
II. Background and Need for Legislation
The current authorization of the Higher Education Act
expires at the end of March 2008. The Federal Government must
renew its commitment to ensuring access to higher education
through the reauthorization of this vital legislation. When
Congress first passed the Higher Education Act more than 40
years ago, it was guided by the principle that no qualified
student should be denied the opportunity to attend college
because of cost. In 1965, and again in 1972 when the Pell Grant
was established, Congress recognized that access to a college
education is a vital gateway to helping citizens achieve the
American dream.
Today, Americans are facing rapid changes in the global
economy. Wages have declined, the cost of living has risen, and
fewer jobs that pay good wages are available to our citizens.
Today, 60 percent of new jobs require some post-secondary
education, compared to just 15 percent of new jobs half a
century ago. In the face of these challenges, a college
education is more important than ever. However, college has
never been more difficult to afford. The cost of college has
more than tripled over the last 20 years. Today, average
tuition, fees and room and board at our public colleges is more
than $13,500, and it totals more than $32,000 at private
colleges. Each year, more than 400,000 talented, qualified
students do not attend a 4-year college because they cannot
afford it. At the same time, the buying power of the Pell
Grant--the lifeline to college for low-income students--has
shrunk dramatically. Twenty years ago, the maximum Pell Grant
covered 55 percent of costs at a public 4-year college. Today,
it covers about 32 percent of those costs.
As a result, students are sinking deeper and deeper into
student loan debt. In 1993, fewer than half of all students
took out loans to finance their education. Today, more than
two-thirds of students borrow for college. Currently, the
typical student leaves college with more than $19,000 in
student loan debt. This mountain of debt is distorting
countless Americans' basic life choices. It is causing them to
delay getting married, buying a home, and starting a family. It
is also discouraging many young people from entering
occupations such as teaching, social work and law enforcement--
the low-paying but vital jobs that bring large rewards for our
society.
S. 1642 addresses important concerns related to the
practices of some lenders and college officials with respect to
the Federal student loan programs. As investigations by the
Chairman of the HELP Committee and the New York Attorney
General have found, some lenders have offered gifts to college
and university employees in order to secure their students'
loan business, and others have been involved in similar
unethical practices. S. 1642 restricts these practices and
protects students by ensuring that when a college recommends a
lender, the college's recommendation is based on the best
interest of students.
The Higher Education Amendments of 2007 also simplifies the
overly-complex Federal financial aid application process for
students and families, holds colleges accountable for college
costs, improves training programs for K-12 teachers,
strengthens many key higher education programs, such as TRIO,
and creates a new student safety grant program to help colleges
and universities improve their campus safety and emergency
response systems.
III. Legislative History and Committee Action
There have been nine extensions of the Higher Education Act
Amendments of 1998 since it expired in September 2003. In the
109th Congress, the committee unanimously passed S. 1614, the
Higher Education Act Amendments of 2005, the first bill that
reauthorized and made major changes to programs in the Higher
Education Act since 1998. Congress has also acted through the
Higher Education Reconciliation Act (P.L. 109-171) and the
College Cost Reduction and Access Act (P.L. 110-84) to make
additional changes to the Higher Education Act.
During the 109th and 110th Congresses, the committee held
six hearings and one roundtable discussion before the
introduction of the Higher Education Amendments of 2007.
HIGHER EDUCATION ACCREDITATION: HOW CAN THE SYSTEM BETTER ENSURE
QUALITY AND ACCOUNTABILITY (FEBRUARY 26, 2004)
Four witnesses appeared before the committee: Steven Crow,
the Executive Director of the Higher Learning Commission of the
North Central Association of Colleges and Schools, Jeffrey
Wallin, President of the American Academy for Liberal
Education, Jerry Martin, Chairman of the American Council of
Trustees and Alumni, and Robert Potts, President of the
University of North Alabama.
HIGHER EDUCATION AND THE WORKFORCE: ISSUES FOR REAUTHORIZATION OF THE
HIGHER EDUCATION ACT (MARCH 4, 2004)
Charles Bohlen, President of Laramie County Community
College, James Votruba, President of the University of Northern
Kentucky, Beth Buehlmann, Vice President and Executive Director
of the Center For Workforce Preparation, U.S. Chamber of
Commerce, Diana G. Oblinger, Executive Director of Higher
Education, Microsoft Corporation, and Ellen O'Brien Saunders,
Executive Director, Washington State Workforce Training and
Education Coordinating Board testified before the committee.
A YEAR-'ROUND COLLEGE CALENDAR: ADVANTAGES AND IMPEDIMENTS (MARCH 9,
2004)
The Subcommittee on Children and Families of the Committee
on Health, Education, Labor, and Pensions heard testimony from
Stephen Trachtenberg, President of The George Washington
University, India McKinney, a student at Vanderbilt University,
Michael Lomax, President of Dillard University, who spoke on
behalf of the United Negro College Fund, Virginia Hazen,
Director of Financial Aid at Dartmouth College, and Margaret
Heisel, Associate to the Vice President and Executive Director,
Admissions and Outreach, University of California Office of the
President.
LIFELONG EDUCATION OPPORTUNITIES (APRIL 14, 2005)
Two sets of witnesses provided testimony at the hearing.
The first panel consisted of the Secretary of Education,
Margaret Spellings, and the Secretary of Labor, Elaine L. Chao.
The second panel included the Governor of Kansas, Kathleen
Sebelius, the Governor of Kentucky, Ernie Fletcher, the
Director of the Washington Office of the Greystone Group,
former Congressman Steve Gunderson, the Executive Director of
the Business-Higher Education Forum, Brian Fitzgerald, and the
Vice President of the Colleges of Worcester Consortium. Pamela
Boisvert.
PROVIDING QUALITY POSTSECONDARY EDUCATION: ACCESS AND ACCOUNTABILITY
(APRIL 28, 2005)
Five witnesses appeared before the committee: Kati Haycock,
Director of The Education Trust, Trinity Thorpe a student at
Pepperdine University, Brian Bosworth, President of
FutureWorks, Robert Shireman, Director of The Institute for
College Access and Success and Phillip Van Horn, President of
the Wyoming Student Loan Corporation.
ROUNDTABLE--HIGHER EDUCATION AND CORPORATE LEADERS: WORKING TOGETHER TO
STRENGTHEN THE AMERICAN WORKFORCE (MAY 19, 2005)
The committee heard testimony from Louis Caldera, President
of the University of New Mexico, Robert Craves, a founder of
Costco Wholesale Corporation and currently CEO and President of
the Washington Education Foundation, Edward Hoff, Vice
President-Learning, IBM, Edison Jackson, President, Medgar
Evers College, the City University of New York, Patricia
McGuire, President of Trinity College in Washington, DC, James
Mullen, President and CEO of Biogen IDEC, Laura Palmer-Noone,
President of the University of Phoenix, Walter Nolte, President
of Casper College, Charles Reed, Chancellor of the California
State University and Patrick Sweeney, President and CEO of Odin
Technologies. Rev. Michael Sheeran, President of Regis
University had planned to testify but was unable to. He was
invited to submit a statement for the record.
HIGHER EDUCATION, HIGHER COST AND HIGHER DEBT: PAYING FOR COLLEGE IN
THE FUTURE (FEBRUARY 16, 2007)
Four witnesses appeared before the committee: Suze Orman,
Host, ``The Suze Orman Show,'' CNBC, Tamara Draut, author of
Strapped: Why America's 20- and 30-Somethings Can't Get Ahead
and Director of the Economic Opportunity Program, The Demos
Institute, Dr. Jon Oberg, Former researcher, U.S. Department of
Education, and Dr. Sandy Baum, Senior Policy Analyst, The
College Board and Professor of Economics, Skidmore College.
RECOMMENDATIONS AND COMMENTS
In addition, the committee considered the written
recommendations and comments from over 100 organizations and
institutions involved in the field of higher education.
On June 18, 2007, Senator Kennedy introduced the Higher
Education Amendments of 2007, S. 1642. The bill was cosponsored
by Senator Enzi.
A. Committee Mark-up
On June 20, 2007, the committee met to consider S. 1642.
The committee took action on four amendments, including the
unanimous adoption of a manager's amendment offered by Senator
Kennedy that made technical changes. Three additional
amendments were offered and adopted. The bill was approved by a
rollcall vote of 20 yeas to 0 nays and ordered to be reported
with amendments in the nature of a substitute.
B. Rollcall vote
The bill as amended was reported favorably by a vote of 20
yeas to 0 nays.
Yeas: Kennedy, Dodd, Harkin, Mikulski, Bingaman, Murray,
Reed, Clinton, Obama, Sanders, Brown, Enzi, Gregg, Alexander,
Burr, Isakson, Murkowski, Hatch, Roberts, Allard.
Not Voting: Coburn.
C. Amendments offered
In addition to the manager's amendment to make technical
changes offered by Senator Kennedy, three amendments were
offered and adopted without objection:
1. Senator Burr offered an amendment to prohibit an
individual that has been convicted of murder, or of a criminal
offense against a minor or a sexually violent offense against a
minor from being eligible for a grant designed to help
imprisoned youths transition from incarceration into the
community.
2. Senator Burr also offered an amendment to provide
stipends for mentors under teacher quality partnership grants
which may include bonus, differential, incentive, merit, or
performance pay.
3. Senator Brown offered an amendment that would strike the
special rule regarding permissible priority for Federal TRIO
programs.
IV. Explanation of Bill and Committee Views
Title I--General Provisions
In amending title I of the Higher Education Act of 1965,
the committee intends to update the law to reflect the dramatic
changes in the field of higher education over the past 10
years. With a growing proportion of students attending
concurrent or dual enrollment programs, or through distance
education programs, the committee amends the definitions of
higher education to incorporate these larger trends. The
committee also changes certain provisions to reduce the
potential for fraud and abuse within the Federal higher
education programs.
DUAL AND CONCURRENT ENROLLMENT
The committee recognizes the significant growth in dual and
concurrent enrollment programs, which enable some secondary
students to earn postsecondary credit in a program of study at
an institution of higher education. According to data from the
National Center for Education Statistics, in school year 2002-
2003, 71 percent of high schools offered dual credit courses.
In response to this trend, the committee clarifies that
students in dual or concurrent enrollment programs may be
admitted as regular students in institutions participating in
programs authorized under the Higher Education Act of 1965.
FOREIGN MEDICAL SCHOOLS
In general, medical schools qualify to participate in the
Federal Family Education Loan program if at least 60 percent of
their student body is non-American and at least 60 percent of
their students or graduates taking the examinations
administered by the Educational Commission for Foreign Medical
Graduates received a passing score. However, current law
contains an exemption to this dual requirement for foreign
medical schools that have a clinical training program that was
approved by a State as of January 1, 1992. This condition is
modified to specify that an institution that has or had a
clinical training program that was approved by a State as of
January 1, 1992, and has continuously operated an approved
clinical training program in at least one State, qualifies for
the exemption. This was done to enable an institution that has
continually operated a State-approved clinical training program
in at least one State to continue to meet the exemption in the
event that the clinical training program that was approved by a
State as of January 1, 1992 ceases to operate, or in the event
that that institution opts to change the clinical training
program affiliated with the institution.
PERFORMANCE-BASED ORGANIZATION (PBO) FOR FEDERAL STUDENT FINANCIAL
ASSISTANCE
The committee applauds the efforts since the last
reauthorization to implement the PBO. Schools and individuals
have benefited from improved efficiency in originating,
servicing and processing grant and loan aid. The ombudsman has
provided needed guidance to students struggling to navigate the
complex system. There is strong support for continuation of
these efforts to make further progress in the delivery of
student financial aid.
COST OF HIGHER EDUCATION
The committee feels strongly that the rising cost of higher
education is undermining the Federal commitment to making
college accessible and affordable. Although Federal
expenditures for higher education are at an all time high, the
purchasing power of Federal programs has been losing ground as
colleges and universities continue to increase tuition and fees
at rates much higher than the rate of inflation.
The College Board, which produces a highly respected annual
survey of college costs, reported in its 2007 report that the
average tuition and fees for a public, 4-year institution of
higher education had increased by 5.9 percent from the previous
year. Even after adjusting for inflation, tuition and fees have
increased by more than 44 percent in the 10 years preceding the
2007-08 academic year.
The rapid increase in college costs has negatively impacted
the ability of students to afford a college education, for
students and parents to save sufficiently to prepare for the
costs of college, and has required an increasing number of
students to borrow high-interest loans from non-Federal
programs, adding significant debt burden to students and their
parents.
Diverse explanations have been offered, but the
consequences of these rapid increases have not been any less
dramatic. In 1997, the maximum Pell grant award was $2,700.
Since then, the maximum grant has increased to $4,310, yet many
students still find themselves borrowing additional funds to
meet the cost of attendance. While 92 percent of undergraduate
students enrolled in public institutions pay tuition and fees
of less than $15,000, only 16 percent of undergraduate students
enrolled in private colleges (both proprietary and independent
schools) pay tuition and fees of less than $15,000. Despite
historic increases in Federal student assistance programs, cost
is surpassing the ability of students to pay for their
education, even while receiving the maximum Federal assistance
available to them.
As a result, many parents and students who have saved for
college find themselves borrowing additional funds to meet the
costs of college. The Advisory Committee on Student Financial
Assistance suggests that cost accounts for up to 48 percent of
college-ready high school seniors not enrolling in a 4-year
institution of higher education, and for 22 percent of college-
ready seniors not enrolling in any postsecondary education at
all.
To address this challenge, the committee includes several
separate provisions intended to provide students and their
parents with better information about the cost of college. The
committee expects this information to help provide students and
their parents with a realistic set of expectations about the
cost of postsecondary education, as well as introduce some
incentives for institutions to control the cost of attendance.
The public availability of this information is expected to
support institutions and States that are committed to
maintaining access to affordable higher education.
The committee has taken several steps to ensure students
and parents have access to information about the cost of
college. The committee, requires the Bureau of Labor Statistics
to create a higher education price index that tracks the
affordability of higher education, and requires the Secretary
of Education to publish annual ``Higher Education Price
Increase Watch Lists'' that report all institutions of higher
education whose tuition and fees outpace their applicable
higher education price index in a given year. The Secretary is
also required to publish annual reports comparing State
appropriations to public institutions of higher education to
the increase in tuition and fees at such institutions, and is
required to create several ``net price calculators'' to help
students and families determine the price of an institution of
higher education after Federal aid is accounted for. The
committee believes this additional information will help
parents and students make well-informed decisions about
postsecondary attendance, so the greatest number of students
can attend and succeed in postsecondary education.
The committee recognizes that the development and
implementation of the higher education price index will require
appropriate time and resources. The committee expects the
Commissioner of the Bureau Labor Statistics to have completed
the initial development of the index within 1 year, it
anticipates that the full-scale development and publication of
the index may take 2 to 3 years. The committee intends to work
with the Committee on Appropriations to secure the necessary
funding for this effort.
While the committee recognizes that many private sector
firms have produced high-quality informational products with
respect to the cost of college, the committee believes the
Department of Education can also provide added value in making
better use of the information collected and made available
through the college opportunities online (COOL) website. The
committee requires the Secretary of Education to develop, for
each institution of higher education, a model document known as
the ``University and College Accountability Network,'' which
will report key data related to an institution's cost, academic
programs, student outcomes, and availability of student aid,
among other factors. The committee expects the added emphasis
on the Department's Web site as a means for families and
students to obtain information about postsecondary education
will result in an effort to make such resources more user-
friendly.
Title II--Teacher Quality Partnership Grants
With the passage of the No Child Left Behind Act, Congress
took an important step to ensure that all of the Nation's
children are taught by highly qualified teachers. The committee
believes that improving teacher quality is an important and
effective means by which student achievement is increased. By
eliminating the existing State grant program in title II and
focusing on the partnership grant program, the committee bill
will strengthen programs that prepare prospective and new
teachers with strong teaching skills and research capabilities.
This preparation ensures that our Nation's educators receive
the training and support they need to strengthen elementary and
secondary school and early childhood programs. The committee
expects activities under title II of this act will complement
the larger teacher preparation efforts in Title II of the No
Child Left Behind Act, as well as other relevant State efforts.
HIGH NEED ACADEMIC SUBJECT AREAS AND HIGH NEED AREAS
Throughout title II, the committee references high-need
academic subject areas (such as reading, mathematics, science,
and foreign languages) and high-need areas (such as special
education, language instruction educational programs for
limited English proficient students, and early childhood
education). Studies indicate that a shortage of highly
qualified teachers exists nationally in the specific subject
areas and instructional areas indicated above. Nevertheless, it
is not the committee's intent for teacher training, and
professional development supported under this title to be
limited to these subjects and instructional areas alone, since
shortages in particular subject and instructional areas may
vary from State to State, from district to district, or from
school to school.
EARLY CHILDHOOD EDUCATOR
The committee recognizes that quality early childhood
education programs are staffed by educators who are highly
competent in all the essential domains of early childhood
development including cognitive, social, emotional, and
physical development. Given the great variation in the
governance, funding, and standards of early childhood education
programs including Head Start, Early Head Start, State pre-
kindergarten programs, and local education agency pre-
kindergarten, the committee provided a definition of a highly
competent early childhood educator. However, it is the
committee's intent that early childhood educators meet the
standards and qualifications of the program in which they are
teaching and that all early childhood education programs ensure
that young children receive a comprehensive early childhood
education that prepares them to succeed in early elementary
education and beyond.
EARLY LITERACY AND PRE-NUMERACY
The committee believes quality early childhood education
programs should be comprehensive programs that address
children's social, emotional, and physical development, as well
as their cognitive development. In particular, research has
shown the critical importance of quality early childhood
instruction that addresses language, early literacy, and pre-
numeracy skills for school readiness and later academic
achievement. Effective early reading and pre-numeracy programs
delivered by highly competent early childhood educators are
vital for later reading and mathematics proficiencies. Early
childhood educators must be equipped with an understanding of
how oral language, pre-reading, early literacy and pre-numeracy
skills develop. These educators need professional development
throughout their careers in order to strengthen their knowledge
and skills for promoting children's cognitive abilities
including language, pre-reading, and pre-numeracy.
ELIGIBLE PARTNERS
The committee bill focuses on teaching skills and learning
strategies by including as eligible partners in the partnership
grants academic departments such as psychology, human
development, or other departments with comparable expertise in
the disciplines of teaching, learning, and child and adolescent
development. Other academic departments are also eligible to
participate. Additional entities added as eligible partners
include early childhood education programs; and educational
service agencies; and consortia of local educational agencies.
It is the intent of the committee that community colleges
and tribal colleges be eligible to participate in the Teacher
Quality Partnership grants. These institutions provide a
critical entry point for many teachers and every effort should
be made to strengthen the programmatic ties to 4-year
institutions of higher education.
INDUCTION
The committee intends the induction programs described in
the bill to be formalized and comprehensive programs designed
to provide support through not less than the first 2 years of
teaching to beginning teachers in order to improve teaching
skills and promote retention in the teaching field. Research
consistently shows that induction programs reduce the number of
teachers who leave their schools or the profession. Induction
includes high quality mentoring by experienced and qualified
mentors, structured collaboration time with teachers in the
same department, grade, or field, structured meeting time with
administrators, application of empirically based practice and
scientifically valid research on instructional practice,
assistance with understanding and using student achievement
data, professional development activities, and regular
evaluation of the new teacher. Induction programs may also
provide reduced teaching loads, the support of a teaching aide,
orientation seminars, and regular evaluation of the teacher
inductee, the mentors, and the overall program.
TEACHER MENTORING
The committee recognizes the importance of teacher
mentoring, for both new and prospective teachers. Teacher
mentors must be well trained, and mentoring programs must match
mentors by field, grade or subject. The committee believes that
every effort should be made to ensure that rural teachers can
fully participate in mentoring activities, including providing
these opportunities through online or electronic technology.
TEACHER RESIDENCY PROGRAM
Teacher turnover regularly drains schools of their most
important resource: qualified educators. It is critical for the
committee to address persistent teacher attrition and to
improve teacher retention in this bill. The committee supports
the development of educators so they have not only the
credentials but also the skills and training to be truly
effective in the classroom.
This legislation allows partnerships to provide support for
new teachers through comprehensive induction programs that
include residency programs. Residency programs are school-based
preparation programs that enable residents to teach alongside a
mentor teacher for an entire academic year while earning a
master's degree, teacher certificate or license, and becoming
highly qualified. This can provide essential instructional
leadership and classroom support for teachers during induction
and beyond.
TEACHING SKILLS
Current law provides an allowable use of funds for the
partnership grants to prepare teachers with the knowledge and
skills to work with and involve parents in their children's
education, as well as to provide instruction to diverse student
populations, including students with disabilities and with
limited English proficiency. The committee, however, believes
that all teachers should be prepared to work with and involve
parents, as well as provide instruction to diverse student
populations, and that such preparation is paramount to
effective teaching for all teachers. Accordingly, the committee
has defined the term ``teaching skills'' to include the ability
to communicate and work with parents, as well as the ability to
increase student achievement, focus on identifying and
tailoring academic instruction to students' specific learning
needs, (particularly students with disabilities, students who
are limited English proficient, gifted and talented students,
and students with low literacy levels), use strategies based on
empirically based practice and scientifically valid research,
and manage a classroom effectively. Under this legislation,
eligible partnerships must use title II funds to promote
effective teaching skills.
TEACHING STUDENTS WITH SPECIFIC LEARNING NEEDS
The committee has made several improvements in title II to
further the success of students with specific learning needs,
including students with disabilities, students who are limited
English proficient, students who are gifted and talented,
students with low literacy and, as applicable, children in
early childhood education programs, by focusing on the
instruction the students receive in the classroom and on the
instruction that teachers receive in their preparation program.
The bill also encourages the preparation of teachers so they
possess skills and an understanding of effective instructional
strategies across all applicable content areas that enable them
to differentiate instruction for all students, but specifically
students with special needs.
TEACHER RECRUITMENT AND RETENTION
Teacher attrition undermines teacher quality and drives
teacher shortages. According to the National Commission on
Teaching and America's Future, one-third of beginning teachers
leave the profession within 3 years, and nearly one-half leave
within 5 years. In high-poverty schools, turnover rates are
even worse--approximately one-third higher than the rate for
all teachers. Research also shows that teachers who leave are
likely to have greater skills than teachers with comparable
time in the profession who stay.
The committee encourages and supports the training and
development of our Nation's teachers, who are the most
important in-school influence on student learning. Partnership
grantees must develop and implement effective mechanisms to
recruit qualified individuals to become highly qualified
teachers through the partnership's programs. The grantees must
also develop and improve a sustained pre-service clinical
education program, designed to improve teaching skills and
provide year-long opportunities for teachers to receive the
support, mentoring, instruction, and other training needed to
strengthen their capability.
NUMBER OF PARTNERSHIP AWARDS
As explained in section 203, an eligible partnership is
limited to one partnership grant during a 5-year period. The
committee does not intend, however, to preclude an individual
partner in a funded partnership grant from entering into
another eligible partnership consisting of new members during
that same 5-year period. For example, a State university might
partner with a group of local education agencies in one part of
the State for one partnership grant and with another, different
group of local education agencies in another part of the State
for another partnership grant.
PROGRAM EFFECTIVENESS
The committee believes it is critical for States to
evaluate the effectiveness of their teacher preparation
programs, particularly the impact of such programs on students'
academic achievement. Accordingly, the bill requires an annual
report to the State and the general public from each
institution of higher education that has a traditional teacher
preparation program or alternative routes to certification or
licensure program and that enrolls students who receive Federal
student aid. The report must include the pass rates and scaled
scores of students enrolled in the traditional teacher
preparation program or alternative routes to State
certification or licensure program, comparisons of the
program's pass rates and scaled scores with the State averages,
and other program information such as number of enrolled
students, disaggregated by race and gender.
In addition, each State must submit to the Secretary a
similar report on the quality of teacher preparation programs
in the State, both for the traditional teacher preparation
programs and for alternative routes to State certification or
licensure programs. The report must include a description of
the reliability and validity of the teacher certification and
licensure assessments and how they are aligned with State
academic content standards, percentage of students passing the
assessments, percentage of students completing requisite
coursework, percentage of students participating in alternative
routes, admission criteria for the programs, the number of
teachers prepared by these programs by academic major, area of
licensure and subject area, activities to address shortage
areas, and other information.
It is the clear intent of the committee that the Secretary
not use any of this information to create a national list or
ranking of States, institutions or schools. The Secretary must
provide Congress with a report on the grantees under this
section, as well as a report comparing States' and
institutions' efforts to improve the quality of the current and
future teaching force.
The bill also requires States to provide technical
assistance to low-performing programs of teacher preparation.
Levels of performance shall be solely determined by the States
and may include criteria based on information collected to
measure program performance and identify those at risk.
Title III--Institutional Aid
Institutions that serve students who historically have been
denied access to postsecondary education because of race or
national origin play an important role in higher education.
They help preserve cultural traditions, prepare students for
jobs and careers, and offer affordable, high quality college
education to thousands of students. These institutions also
provide crucial support services and add hope to communities
that have high rates of poverty and unemployment. Recognizing
the purpose and importance of these colleges and universities,
it is the intent of the committee to reauthorize and strengthen
programs supporting institutional aid for institutions with
substantial percentages of high-need students, Tribal Colleges
and Universities, Alaska Native and Native Hawaiian-Serving
Institutions, Native American-Serving Institutions, and
Historically Black Colleges and Universities.
AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES
There are 34 federally-supported Tribal Colleges and
Universities (TCUs) in the United States. They educate over
30,000 students by offering associate's, bachelor's, and
master's degrees as well as over 200 vocational certificate
programs. Despite their significance, however, TCUs
historically have possessed limited financial resources. This
hinders their capacity to maintain and update facilities and
instructional resources. In today's world, students' ability to
receive a quality higher education depends on the availability
of technology and resources available to students at their
institution. The committee recognizes that TCUs do not have
sufficient financial ability to provide these opportunities
without Federal assistance.
To strengthen TCUs' capacity to offer quality educational
opportunities to their students, the committee made changes to
the way funding is distributed under this section. The
committee gives the Secretary the authority to reserve up to 30
percent of awardable funds to address construction needs. If
reserved, grants of not less than $1 million will be awarded to
institutions for maintenance and renovation. The remaining
money shall be awarded so that 60 percent will be distributed
to eligible TCUs by formula using the Indian student count and
40 percent will be distributed in equal shares to those same
institutions. The committee eliminates the wait-out period for
these schools and establishes a minimum award of $500,000.
NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS
The term ``Native American'' can be broad and encompassing.
For the purposes of this legislation, the committee intends the
term to mean a person having origins in any of the original
peoples of North America and who maintains cultural
identification through tribal affiliation or community
recognition. This term may include Alaskan Natives and Native
Hawaiians.
Native Americans are attending college at greater rates
than ever and many of these students are attending nontribal
institutions of higher education. In 2002, 42 public and
private institutions of higher education served Native American
student populations of 10 percent or greater. However, despite
the increasing number of Native American students eligible for
college enrollment, only 11 percent of the population graduates
with a bachelor's degree or higher. Moreover, Native American
students are disproportionately enrolled in 2-year colleges,
and are much less likely to finish college than their non-
Native American peers. Native American student educational
attainment continues to lag far behind that of the total
student population. Many Native American students come from
families with low incomes, have parents with low levels of
education, and are less likely to have completed a pre-college
curriculum in high school.
With increasing enrollment, nontribal institutions of
higher education that serve large populations of Native
American students require resources to improve and expand their
capacity to serve the unique and diverse needs of their Native
American student population. To assist nontribal institutions
of higher education better serve Native American students, the
committee has established a competitive grant program for those
institutions serving a Native American student population of 10
percent or greater. Grants will support curriculum development
and academic instruction, faculty development, and student
services such as academic tutoring and counseling. The
committee recognizes that the grant program will improve the
capacity of Native American-serving, nontribal institutions of
higher education to provide quality educational opportunities
for Native American students to narrow the educational
attainment gap and to better prepare students to meet the
demands of a competitive workforce.
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
The committee believes there is great value in supporting
programs for Historically Black Colleges and Universities
(HBCUs). Although the Nation's HBCUs represent less than 5
percent of all the Nation's colleges and universities, they
award almost 30 percent of all baccalaureate degrees received
by African-Americans. Further, in some areas of science, math,
and engineering, HBCUs account for more than half of all such
degrees awarded to African-Americans. HBCUs also greatly
contribute to the overall percentage of graduate and
professional degrees earned by African-Americans. Nine of the
top 10 colleges that graduate the most African-Americans who go
on to earn Ph.D.s are HBCUs. Xavier University's graduate
programs alone produce a quarter of the Nation's African-
American pharmacists and send the largest number of African-
American students on to medical schools. The list of
historically black graduate and professional institutions with
qualified programs eligible to receive grants was expanded to
include: Alabama State University, Coppin State University,
Prairie View A&M University, Fayetteville State University,
Delaware State University, Langston University, and West
Virginia State University.
Title IV--Student Assistance
PELL GRANTS
The committee recognizes that Pell grants are the
foundation for all need-based aid. In the 2003-04 award year,
the $12.7 billion investment in the Pell grant program funded
5.1 million students with average grants of $2,466. By making
necessary changes to the program, it is the committee's intent
to increase the utility of Pell grants in ensuring that more
low-income students are successful in post-secondary education.
The committee heard testimony from both traditional
students and students who are working adults who stated that
they would like to attend school year-round so they can
complete their education earlier. However, these students have
been unable to accelerate their programs due to financial need,
since current law allows them to receive only one scheduled
Pell grant award during an award year. Although the Secretary
is authorized to permit a student to receive two Pell grants
during 1 award year on a case-by-case basis, the authority has
not been exercised. The committee's intent is to ensure that
students enrolled at least half-time in a 2-year or 4-year
program leading to an associate's or bachelor's degree are able
to receive up to two Pell grants in a single award year to
enable them to accelerate completion of their educational
programs.
The committee also limits eligibility for Pell grants for
18 semesters or an equivalent period of time if semesters are
not used. The committee believes students should be able to
complete an undergraduate degree in 18 semesters.
ACADEMIC COMPETITIVENESS AND SMART GRANTS
The committee is aware of concerns that have surfaced
during the first-year implementation of the Academic
Competitiveness Grant program, and has made several changes
that will increase eligibility for the program and ensure that
it is administered equitably among various groups of students.
The limitation of eligibility for the grants to United States
citizens is inconsistent with the eligibility requirements for
other types of Federal student assistance and has been
eliminated. In order to benefit working students and others who
cannot attend college full-time, the committee extends
eligibility for the grants to students who are enrolled in
college on at least a half-time basis. In addition, the
committee clarifies that students who are enrolled in 1- or 2-
year certificate programs are eligible for Academic
Competitiveness Grants. In light of the fact that many degree
programs in science, technology and mathematics require 5 years
of study rather than 4, the committee allows students in such
programs who otherwise meet the requirements to receive SMART
grants in their fifth year of college.
TRIO PROGRAMS
The committee respects the work of the TRIO programs and
recognizes their critical contribution to the success of low-
income, first generation students as they apply, attend and
earn degrees from undergraduate and graduate institutions. To
ensure that information about the effectiveness of these
programs is publicly available, the committee requires each
program to submit information on its outcomes to the Department
of Education, and requires the Secretary to prepare and submit
that information to the Congress, grantees and the public on an
annual basis. In evaluating programs, the Secretary is required
to identify practices that further the achievement of the
outcome criteria in the law in order to promote promising
practices in the field.
The committee recognizes the value of high quality programs
and expects that in evaluating applications, the Secretary will
award prior experience points only to those applicants that
have administered programs that demonstrate the highest
quality.
Controversy has arisen in recent competitions about
applications that have been received from different campuses of
the same institution of higher education, or multiple
applications from one institution of higher education to serve
distinct populations. It is the intent of the committee that a
college or university with more than one campus be eligible to
submit multiple applications and be considered for funding as
long as its applications are meritorious. It is also the intent
of the committee that an institution of higher education be
permitted to submit more than one grant to meet the needs of
particular populations within a program. Grantees may find that
they need dedicated programs to serve students with
disabilities or students with language needs; grantees should
be given the opportunity to complete separate applications,
each of which should be considered on its merits.
The committee has included as permissible services under
the TRIO programs activities specially designed for homeless
children and youth and for students who are in foster care or
aging out of the foster care system. These provisions are
intended to increase the availability of services that meet the
unique needs of homeless students and students in foster care.
For the first time, the committee has directed that some
activities become mandatory in the college access programs. For
Upward Bound and Talent Search, each grantee will be required
to provide tutoring, advisement in high school course selection
and in post-secondary course selection where possible,
assistance in preparing for admissions tests and applications,
assistance in identifying financial aid opportunities
(including resources for locating public and private
scholarships), and services to improve financial literacy.
The committee understands that Talent Search programs often
cannot offer direct tutoring to all participants. However, if a
program does not provide tutoring, it should connect
participating students with appropriate tutoring available
directly in their high school or through community based
organizations to ensure that Talent Search participants are
making satisfactory progress in all academic subjects as they
prepare to apply to college.
In the Student Support Services program, the committee
changed ``personal counseling'' in current law to ``consistent,
individualized, personal, career and academic counseling
provided by assigned counselors'' under permissible activities,
to encourage Student Support Services programs to link students
with at least one adult with whom a student can establish a
long-term relationship.
While having the same person manage cases in the
Educational Opportunity Centers (EOCs) would be beneficial, the
committee understands that both the numbers of those served and
the types of services provided often do not allow for that
consistency. The committee encourages EOCs to do all that they
can to facilitate relationships that provide the maximum
support to their clients.
The committee notes with concern the Secretary's
establishment of an absolute priority for the Upward Bound
program grant competition in 2006-07. Some Members of the
committee believe that in establishing the absolute priority,
the Secretary contravened the provisions established by
Congress regarding the program design and operation of the
Upward Bound program. Other members of the committee agree with
the intent of some of these provisions. In light of these
views, the committee believes it is important to address the
components of the absolute priority.
The committee agrees that priority should be given to
Upward Bound projects that select not less than 30 percent of
all first-time participants from students at high risk for
academic failure. It now authorizes such priority
legislatively. However, the committee does not believe that the
Secretary should limit participation in an Upward Bound project
only to students who enter such programs or projects in the 9th
grade. While the committee notes the benefits of ensuring that
students participate in an Upward Bound project for as long as
possible, the committee notes that many Upward Bound projects
currently serve, and have the capacity to serve, students who
enter Upward Bound in the 10th, 11th, and 12th grades. The
committee believes that these students should not be prevented
from receiving Upward Bound services.
GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS (GEAR
UP)
Since its creation in 1998, the GEAR UP program has proved
to be an impressive partner in improving access to
postsecondary education for the neediest students. However, the
committee has heard concerns that GEAR UP is difficult to
administer. Therefore, the committee has changed some
provisions to make the program more flexible for institutions
and helpful to students, thereby enabling the program to
further enhance students' access to postsecondary education.
The committee is concerned about the growing number of
students requiring remedial courses in postsecondary education.
One way to address this concern is to ensure that more students
take rigorous and challenging coursework at the secondary
school level. Accordingly, the legislation requires States and
partnerships to encourage more students to enroll in a rigorous
and challenging curriculum. It is the hope of the committee
that appropriate academic support provided in pre-collegiate
programs, along with improved professional development
opportunities, will minimize students' need for remedial
education and encourage timely progression toward college
degrees.
The committee also includes, as optional activities for
States, the use of GEAR UP funds in developing new secondary
school models and personalized dropout recovery programs to
improve secondary school completion and college success for
grades 11-14. New secondary school models are coherent, whole-
school designs that provide participating students with early
exposure to college level courses and environments. Such models
permit students to earn an associate's degree along with a high
school diploma (or within the next year) or transferable
credits toward a recognized postsecondary credential (such as
an industry certificate or apprenticeship). Also critical are
programs to help high school drop-outs gain access to college.
These funds could also be used to develop personalized dropout
recovery programs at community colleges that allow students to
complete a regular high school diploma and begin college level
work toward a recognized postsecondary degree. These State-
level models will demonstrate ways to improve secondary school
completion and postsecondary success for grades 11-14 that can
be replicated in other States and districts.
The committee recognizes that homelessness puts students at
high risk of academic failure and dropping out of school.
Therefore, the bill gives priority status to homeless and
foster students for the GEAR UP program. Furthermore, the
committee intends that GEAR UP programs coordinate activities
with school district liaisons designated under subtitle VII-B
of the McKinney-Vento Homeless Assistance Act. McKinney-Vento
school district liaisons are well-positioned to assist the GEAR
UP program with the identification, outreach, and recruitment
of homeless students, and can help GEAR UP programs maximize
available resources for these students.
Finally, the committee includes as permissible services
under the GEAR UP program activities specially designed for
homeless children and youth and for students who are in foster
care or aging out of the foster care system. These provisions
are intended to increase the availability of services that meet
the unique needs of homeless students and students in foster
care.
The committee makes it permissible for grantees to continue
providing services to students who have completed secondary
school and begun postsecondary education. The committee takes
this step to enable GEAR UP programs to make it possible for
students to receive ongoing, consistent support from the
program that will enable them to succeed in college.
The scholarship is a key component of the program, not only
because of the financial assistance it provides, but also
because it serves as an incentive for the participating student
to complete an academic program. The committee believes it is
critical to the success of students served by the GEAR UP
program, particularly State programs, that the scholarship
funds be available to them upon completion of a secondary
degree or its equivalent. To this end, the committee retains
the requirement that State grantees dedicate a significant
portion of grant funds for use in scholarship programs, which
will be held in a separate trust for each cohort of students
served by the State, or in the case of scholarships offered by
partnership grantees, by the partnership.
It is the consensus of the committee that it is appropriate
that students attending previous partnership schools may be
served in future grants as long as the application demonstrates
continued need for funding new activities. Therefore,
subsequent applications from current grantees should be
considered.
LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP (LEAP) PROGRAM
The committee believes that the changes made to LEAP--
including providing students with information about their
grants and implementing the Grants for Access and Persistence
program--will strengthen LEAP by leveraging the financial
assistance provided under this program in a way that is more
effective for students, States, and the Federal Government.
These improvements to LEAP will broaden participation to
include all stakeholders working to increase the number of
financially needy students who can access and succeed in
college.
The committee replaces the Special Leveraging Educational
Assistance Partnership authorized under the LEAP program with
Grants for Access and Persistence (GAP). By so doing, the
committee seeks to reinvigorate LEAP, the only program in which
the Federal and State governments work together to extend
higher education opportunities to financially needy students.
Under the GAP program, for LEAP funds above $30 million, States
will be rewarded, through higher levels of matching funds, for
creating cohesive partnerships with colleges, foundations,
businesses, and early intervention and mentoring programs.
Access and persistence partnerships have three main purposes:
to provide low-income students with adequate grant aid to
ensure access to 4-year colleges and eliminate unmet need; to
provide early notification to low-income students of their
eligibility for financial aid; and to increase participation of
low-income students in early information, intervention,
mentoring, and outreach programs. Research on college access
programs with such components has shown that participating
students are more financially and academically prepared, and
thus more likely to enroll in college and persist to degree
completion.
The committee strongly encourages States to develop strong
and broad partnerships that contain philanthropies and
businesses, in addition to colleges and early intervention and
mentoring programs. The committee also specifically gives
States flexibility in undertaking the new responsibilities
authorized under the GAP program, including the ability to
tailor the partnerships in ways that meet each State's
individual needs. The committee encourages the Secretary and
States to coordinate the early notification components of the
GAP program with other existing or new early financial aid
information efforts in order to avoid duplication of services
or information.
The committee encourages the Secretary to provide States
with sufficient flexibility to implement the GAP program
efficiently and to ensure that program regulations, such as
those regarding the portability of grants, align with existing
LEAP program regulations. In light of the changes to LEAP with
the addition of the GAP program, the committee also encourages
the Secretary to provide transition time to States to assure
the success of this new initiative.
THE HIGH SCHOOL EQUIVALENCY PROGRAM AND COLLEGE ASSISTANCE MIGRANT
PROGRAM
The committee recognizes that migrant students are among
the most disadvantaged youth in this Nation. Current estimates
place the dropout rate for migrant youth at between 50 and 60
percent. The High School Equivalency Program (HEP) and College
Assistance Migrant Program (CAMP) have been successful in
helping migrant students become productive members of society.
HEP provides intensive GED instruction and support services
to migrant students who have not completed high school. HEP
provides personal, academic and vocational counseling, health
services, stipends, and housing for residential programs. CAMP
grantees provide intensive support services to help migrant
students make the transition into college. CAMP offers academic
support, personal and career counseling, stipends,
scholarships, health services, and other supports necessary to
ensure that migrant students are successful in college.
The committee expands and improves the current programs so
that children of migrant and seasonal farmworkers can share in
the American dream and become more productive members of
society.
The Higher Education Amendments of 2007 Act expands
eligibility for CAMP to include ``immediate family members,''
including spouses and siblings who would benefit the large
migrant community. The bill also expands the definition of
allowable activities and support services to include programs
that ensure that migrant students succeed in earning their GED
and completing college, such as transportation, child care and
follow up services for CAMP students. The bill also contains
other important provisions including allowing for technical
assistance support and an increase in the amount of minimum
grants to ensure that programs receive sufficient funding to be
effective.
CHILD CARE ACCESS MEANS PARENTS IN SCHOOL
Changes to the Child Care Access Means Parents in School
(CCAMPIS) program reflect the committee's belief in the vital
importance of promoting and expanding campus-based child care
for low-income students to assist them in attending and
completing postsecondary education. To help promote greater
expansion of campus-based child care, the committee increased
the minimum grant award from $10,000 to $30,000, to take effect
when the amount appropriated for the program equals or exceeds
$20,000,000. The committee believes that raising the minimum
grant will increase the pool of institutions applying for and
receiving grants, which will help to expand campus-based child
care programs. Aligned with the committee's belief in the
importance of increasing the number of institutions offering
campus-based child care to low-income students, inclusion of a
funding trigger for increasing the minimum grant award reflects
the committee's aim of not wanting a reduction in the current
number of grantees participating in the program. The committee
also expands the definition of a low-income student to include
individuals who are enrolled in a graduate or professional
course or who are in the United States for a temporary period
of time.
Continued support for this program demonstrates the
committee's recognition of the benefits of campus-based
childcare to parents enrolled in postsecondary education. These
benefits include convenience of location, affordability, and
high quality care. Despite the importance of campus-based child
care, at current levels it is often not accessible to students,
especially those who are low-income. The committee believes
that support for campus-based child care services serves the
central goal of Federal higher education policy of improving
access to postsecondary education.
ADDITIONAL INFORMATION ON DEFERMENT AND FORBEARANCE
The committee heard testimony from witnesses about the need
for more and better information on how to handle student loans
in the repayment period. Borrowers need to understand the terms
and conditions of their loans so they can act responsibly. One
witness noted that many of the most serious problems former
students face are generated by compounding interest that causes
the payment obligations of borrowers under financial duress to
increase dramatically. Therefore, the committee has expanded
the information lenders must provide to all borrowers who are
granted forbearance and to borrowers of unsubsidized loans who
are granted a deferment to enable the borrowers to understand
the impact of capitalization of interest on the loan principal
and the total amount of interest to be paid during the life of
the loan. The committee understands that the length of a
deferment or forbearance is subject to change with a change in
the borrower's circumstances. Therefore, lenders may provide
borrowers with an estimate of interest that will be
capitalized, and an estimate of total interest to be paid,
using sample calculations.
RESTRICTIONS ON INDUCEMENTS AND PREFERRED LENDER LISTS
The committee believes strongly that lenders, guaranty
agencies and institutions of higher education must act with
honesty and integrity at all times to ensure that the financial
aid programs under title IV serve the best interests of
students. For this reason, the Higher Education Act has long
restricted lenders and guaranty agencies from offering
inducements to institutions of higher education. The act also
requires institutions of higher education to enter program
participation agreements that prevent institutions from
accepting inducements or engaging in other activities that
would compromise the integrity of the Federal student aid
programs.
However, as an investigation by the HELP committee Chairman
has documented, some lenders, guaranty agencies, and colleges
participating in the title IV student loan programs have
engaged in practices that violate the anti-inducement
provisions of the Higher Education Act or otherwise contravene
their intent. The committee believes strongly that abuses
should be curtailed, and made an extensive bipartisan effort to
strengthen the anti-inducement and program participation
agreement provisions of the Higher Education Act in this bill.
To that end, Section 421 of the bill amends Section 428A of
the Higher Education Act to specify that guaranty agencies
participating in the FFEL program may not offer stock or other
securities, prizes, travel, entertainment expenses, or tuition
repayment to an institution of higher education or a lender,
and may not perform or pay another party to perform any
function under part B, D, or G of title IV that an institution
of higher education is required to perform. Section 435 of the
bill applies similar restrictions to FFEL lenders under Section
425 of the Higher Education Act, and further specifies that
lenders may not offer technology equipment at below-market
value, additional financial aid funds to an institution of
higher education or its employees. This section also prohibits
FFEL lenders from entering into consulting arrangements with or
otherwise compensating a college employee who has
responsibilities with respect to student loans and financial
aid, except that a lender may reimburse such employee for
reasonable expenses incurred in serving on a lender's advisory
board. The committee also intends to prohibit unsolicited
mailings of student loan applications by guaranty agencies and
lenders, by any means of delivery.
Section 481 of the bill extends similar prohibitions
against an institution of higher education accepting such
inducements. It requires institutions to establish, follow, and
enforce a code of conduct that, at a minimum, specifies that
institutions and their employees are prohibited from: receiving
anything from a lender in exchange for any advantage to the
lender with respect to student loans; accepting any gift or
trip of more than nominal value, except for reasonable expenses
and domestic travel for professional development that will
improve the efficiency and effectiveness of the title IV
programs; or entering into a consulting contract with a lender
or any other contract to provide services to a lender, in the
case of an employee of the financial aid office or any other
employee who has responsibility over student loans.
The committee emphasizes that these new restrictions are
not meant to prohibit an institution of higher education from
receiving a philanthropic contribution from a lender, such as
support for an endowed professorship, as long as such
contribution is not made in exchange for an advantage sought by
the lender to make educational loans to students enrolled at
the institution. The committee also does not intend for these
restrictions to prohibit lenders, guaranty agencies, and
institutions of higher education from participating in or
supporting outside events designed to assist students in
applying to college or completing the Federal financial aid
process, such as College Goal Sunday.
Finally, the committee has included new requirements
related to the ``preferred lender lists'' that many colleges
use to recommend lenders to students and parents seeking FFEL
loans. The committee understands that preferred lender lists
can be a useful tool in helping students and families compare
the terms and benefits that various lenders offer and decide
which lender to obtain their student loans from. However, the
committee is also aware of numerous instances in which
colleges' preferred lender lists have contained only one or two
lenders, and other instances in which the lists have been
presented in such a way as to suggest that the student must
borrow from a particular lender in order to secure a FFEL loan
through the school. To address these concerns, the bill
requires that preferred lender lists for FFEL loans include at
least three non-affiliated lenders; disclose why the
institution has identified the lender as preferred, especially
with respect to the terms and conditions of the lender's loans;
and a prominent statement that students and parents do not have
to obtain FFEL loans through lenders on the preferred lender
list.
INFORMATION ON CONSOLIDATION LOANS
To address concerns heard from borrowers and schools that
some borrowers who consolidated their loans did not understand
that by doing so, they were forgoing benefits, the committee
expanded the information that lenders must provide to borrowers
who apply to consolidate their loans. Key among the new
provisions are the requirements that the information about the
possible impact of loan consolidation must include the length
of repayment of the consolidation loan, the total interest to
be paid on the loan, whether consolidation would result in a
loss of loan benefits under the FFEL or Direct Loan program
and, in the case of a borrower who plans to include a Perkins
Loan, the fact that the borrower will lose all interest-free
periods and cancellations for which the borrower would have
qualified under the Perkins program; Borrowers must also be
advised that they may change repayment plans and that they may
pre-pay their consolidation loan or pay on a shorter schedule.
LOAN BENEFIT DISCLOSURES
It is the opinion of the committee that borrowers and
potential borrowers should be provided full disclosure on
benefits and repayment options. This should include, but not be
limited to, information on reductions in interest rates by
repaying a title IV loan by automatic payroll or checking
account deduction or by completing a program of on-time
repayment. Information should include any limitations on such
plans, explicit information on the reasons a borrower may lose
eligibility, and a description of the number or percentage of
borrowers who successfully participate in such benefit
programs.
Definition of eligible lender
The committee recognizes that a State agency lender may be
charged by the State legislature with providing effective and
efficient services to that State's students. While the
committee expects that all lenders and university financial aid
personnel will adhere to a rigorous code of ethics, the
committee does not intend that this legislation will preclude
one State agency from working efficiently and effectively with
another State agency to provide student services, including in
the delivery of State education loan and grant programs funded
and administered by the State. Nothing in this section is
intended by the committee to prohibit a State agency that is a
student loan lender from entering into a cooperative effort
with another State agency, a State postsecondary institution, a
secondary school, an early intervention and outreach program,
or other similar entity to provide a comprehensive system of
early financial aid information or other information designed
to increase the number of students who enroll and persist in
postsecondary education. Specifically, this section is not
intended to prevent a State agency lender from entering into
cooperative agreements with the State university system or
other State agency or non-profit entity to fulfill the
allowable activities of the College Access Partnership Grant
Program provided for under P.L. 110-84, the College Cost
Reduction and Access Act.
FEDERAL WORK-STUDY
The committee recognizes the commitment of many colleges to
integrate community service into their curriculum and into
their institutional mission. In this reauthorization, the
committee maintains the 7 percent mandatory spending of Work-
Study funds on community service related jobs, but now gives
institutions the option of meeting the community service
requirement by providing a Statement that says that 15 percent
of their entire student body is involved in community service.
In addition, the committee recognizes the effort involved in
connecting students with jobs and has increased the job
location and development dollar amount from $50,000 to $75,000
on each campus.
Work colleges
The bill includes language that encourages new models of
student organized volunteer service projects. The committee
believes that providing students the opportunity to participate
in volunteer service projects associated with institutions of
higher education is an excellent way to develop leadership and
civic engagement.
PERKINS LOAN PROGRAM
The committee extends the authority of the Perkins Loan
Program and the benefit extended through these loans to needy
students and encourages institutions to continue to participate
in this program.
The committee includes language that adds staff members
working full time in a pre-K or child care program licensed or
regulated by the State to the list of individuals eligible for
Perkins loan cancellation. Inclusion of these individuals for
loan forgiveness is meant to create an incentive for entry and
retention of highly-trained staff into State licensed or
regulated pre-K or child care programs. Today, more than 11
million children receive care outside of the home before
kindergarten. For millions of children, child care is their
early learning setting in addition to their homes. Given that
current Federal initiatives require State child care plans to
develop a professional development system for child care
providers, the committee believes it is important to fulfill
this goal by helping to provide such early educators with the
assistance they need to get a degree and to remain in the
field.
The committee also recognized the needs of Tribally
Controlled Colleges in recruiting faculty and added those
faculty members to the population who are eligible for loan
cancellation.
Finally, the committee chose to add speech and language
therapists and librarians, with a master's degree, who work in
a title I eligible elementary or secondary school or, in the
case of librarians, in a public library in a geographic area
that contains one or more eligible schools, to the population
of those eligible for Perkins Loan cancellation.
NEED ANALYSIS
Verification
While the bill would significantly simplify the financial
aid application process for students, the verification process
remains burdensome for students and institutions. The committee
therefore strongly encourages the Secretary to take steps
necessary to simplify the verification process and increase the
use of technology in verification.
GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS
In an effort to ensure that the financial aid system
overseen by the Department of Education operates as smoothly as
possible, the committee clarifies that the compliance calendar
should provide all users with due dates for all reports and
disclosures to be submitted, clearly defining the recipients
and required method of transmittal and any other relevant
information.
FAFSA
The committee believes that the application process for
Federal student assistance is unduly burdensome for many
students and families, and that steps should be taken to
dramatically simplify the Free Application for Federal Student
Aid, the form students and families complete to apply for
Federal aid. The committee bill creates a new, highly
simplified paper form, the EZ FAFSA, for low-income students
who are eligible for the automatic zero Expected Family
Contribution (EFC). The committee bill also phases out the full
paper FAFSA and requires the Secretary to use savings from
doing so to increase access for low-income students to
electronic forms on the Department of Education's Web site for
the FAFSA, currently known as FAFSA on the Web. It is the
intent of the committee that the Secretary will field- and
pilot-test the EZ FAFSA prior to full implementation, and that
the paper EZ FAFSA will be appropriately phased in as the full
paper FAFSA is phased out. In addition, the committee expects
the Secretary to maintain an easily downloadable and printable
version of the full paper FAFSA, to the extent feasible, that
would allow students who may not have adequate access to the
Internet to download, print, and submit such forms for full
processing. To otherwise help students eligible for the auto-
zero gain access to the simplified forms, the committee
authorizes a free telefile system for students without Internet
access that the committee encourages the Secretary to quickly
test and implement, if feasible.
The committee bill also creates highly simplified
electronic application forms to enable all students to answer
the minimum number of questions necessary, including only those
required by their State of residence. In addition, the
committee strongly encourages more States to accept the two
simplified need analysis formulas, the automatic zero EFC
(auto-zero) and the Simplified Needs Test (SNT), and to
annually communicate with the Secretary regarding their data
requirements and use of simplified formulas. It is also the
intent of the committee to request a study by the Government
Accountability Office regarding the benefits and costs to
States of increasing their acceptance of the auto-zero and SNT.
In addition, the committee intends to further simplify
eligibility for the auto-zero and SNT by aligning eligibility
for these formulas with current or past participation in
Federal means-tested benefit programs. The committee bill also
allows students to apply for financial aid earlier and to
complete the FAFSA at any time in order to receive early,
nonbinding estimates of their EFC. Finally, the committee bill
protects students by strengthening provisions regarding the
prohibition of charges for FAFSA completion.
Beyond simplifying the FAFSA itself, the committee also
believes that other approaches to simplify the Federal student
aid determination process should be tested for possible
adoption in future reauthorizations. To that end, the committee
has authorized an early application and award demonstration
program, which will allow students to receive a Federal aid
determination in their junior year of high school, and a study
to develop alternative approaches for calculating the expected
family contribution that use substantially less income and
asset data, including an approach that would allow the
Department of Education to pre-populate the FAFSA using
individuals' tax form data, provided by the Internal Revenue
Service.
Early awareness of financial aid eligibility
The committee bill creates a comprehensive system to
provide students and families as early as middle school, as
well as adult learners, with better information regarding
financial aid and early estimates of their aid eligibility. It
is the intent of the committee for students and parents to
receive adequate estimates of their eligibility for aid from
multiple sources, including State and institutional aid, as
early as possible to encourage students and families to prepare
and plan for college. In addition, the committee encourages the
Secretary to conduct a feasibility study to determine the
practicability of allowing dependent students to apply for
financial aid in their junior year using prior year income
data.
Expanded entrance and exit counseling
The committee is concerned that borrowers either do not
receive sufficient information about their student loans, or do
not receive appropriate information on provisions of their
loans at the right time, to enable them to make informed
decisions. Some borrowers do not know that they can change
their repayment plans or can request deferment or forbearance
of repayment if they meet certain conditions. Other borrowers
have requested loan deferment or forbearance but have not
understood the impact of capitalization of interest on the
amount they will owe. In other cases, borrowers who have
consolidated their loans have given up benefits on their
underlying loans, including loan deferments and cancellations,
without understanding the consequences. To address these
concerns, the committee has expanded entrance and exit
counseling requirements for lenders and institutions of higher
education so borrowers receive comprehensive information on
their loans both when they receive them and when the borrowers
leave school.
Institutional information
In addition to the information on college costs, the
committee also believes it is important for students and their
parents to have access to information regarding the transfer of
credit, employment and graduate education outcomes. The
committee includes these provisions in the list of information
that must be made readily available to prospective and enrolled
students. However, the committee recognizes the efforts of many
institutions of higher education to provide data on these
outcomes already, and encourages the Secretary to consider
these efforts when implementing this section, in order to
ensure these requirements do not become an onerous requirement
for institutions.
The committee notes that the Executive committee of the
State Higher Education Executive Officers (SHEEO) has directed
its staff to explore means of promoting the further development
and voluntary coordination of student record systems among the
States. The SHEEO Executive committee action was based on the
recognition that, in varying degrees of comprehensiveness, 39
States already implement student unit record systems that
enable States to inform public policies by examining
information on college attendance patterns, completion rates,
actual costs, and the availability of financial assistance for
all students.
The SHEEO Executive committee action reflected the
following purposes and principles: SHEEO should examine
existing State data systems and encourage the coordination and
consistent development of such systems to improve the accuracy
and validity of policy information and facilitate the
development of information-sharing systems to monitor
postsecondary participation, costs, and student success. Such
systems ideally should include information on: (1) Student
characteristics (demographic data); (2) Student enrollment; (3)
Costs and financial assistance; and (4) Degree or certificate
completion.
The committee encourages those 11 States that do not
currently have an effective State data system to develop such a
system. However, the committee includes in this reauthorization
bill a provision that would prohibit the Department of
Education from establishing a national unit record data system.
All State data systems should continue to maintain fail-
safe safeguards to protect the privacy of individuals. All data
analysis should be used exclusively for policy research on
groups of students, with no disclosure or reporting of data on
individuals or small groups that might involve violating the
privacy of individuals. The committee supports research and
discussion to foster improved policy data systems, involving
and informing all sectors of higher education, policymakers,
and others seeking to improve educational attainment in the
United States.
Institutions are now required to report disaggregated
information on the student body by gender, major racial or
ethnic groups and Pell-eligibility status. In reporting
graduation rates, institutions are allowed to take into
consideration service in the armed forces, religious missions,
or Government foreign service when calculating time to degree.
The committee includes language regarding the transfer of
credit based on the findings of a GAO study, issued in October
of 2005, that indicates many institutions do not have a formal
transfer of credit policy, and that many institutions do not
accept credits from institutions accredited by certain
accrediting bodies or associations. Institutions are required
to have a clearly stated public disclosure of their transfer of
credit policies, including a statement of whether the
institution denies transfer of credit solely on the basis of
the accrediting agency or association that accredited the
institution from which the student is transferring. This
provision is intended to make sure that students have the best
information possible when considering transferring from one
institution to another. The committee does not expect this
provision to impinge on the ability of institutions to develop
articulation agreements with other institutions within the
State or outside of the State, nor does the committee expect
this provision to limit the ability of institutions to develop
transfer of credit policies that take into account other
factors, such as the quality, rigor, or relevance of the
transferring students' previous coursework.
National Student Loan Data System
The committee establishes principles for administering the
National Student Loan Data System (NSLDS) and adds requirements
to address the committee's concern that the Secretary does not
have guidelines either for restricting access to NSLDS or
restoring access to NSLDS after it has been restricted. The
committee intends for the Secretary to manage NSLDS in
compliance with the intent and requirements of the Federal
Information Security Management Act. Also, the committee
intends that the Secretary take steps to ensure that borrowers
are informed of the need for their data to be included in NSLDS
and of the measures taken by the Secretary to protect their
information, and that borrowers understand who will be able to
access their information The Secretary is required to provide
an annual report to Congress that includes a description of the
effectiveness of existing privacy safeguards in protecting
student and parent information in NSLDS and information on the
success of any new protocols in more effectively preventing
abuse of the data system and the ability of the Secretary to
monitor how the system is being used.
Experimental sites
The committee retains experimental sites and suggests that
in addition to the list of suggested areas of experimentation,
new or existing sites may want to look at the use of modular or
compressed coursework as a way to expedite degree completion.
Advisory Committee on Student Financial Assistance
The Advisory Committee is charged with conducting a review
and analysis of title IV regulations. It is the intent of the
committee that the review and analysis of regulations will not
take the place of the Advisory Committee's other ongoing
charges from Congress, including those related to access and
persistence for low- and middle-income students. The committee
intends for the Advisory Committee to conduct the regulatory
review and analysis while also fulfilling its existing
responsibilities and its additional new charge to conduct a
study on innovative pathways to degree attainment, including
pathways for adults and out-of-school youth. It is also the
intent of the committee for the Secretary to provide the
Advisory Committee with the necessary resources to be able to
conduct the review and analysis of regulations while fulfilling
its other responsibilities to Congress.
ACCREDITATION
Accrediting agencies or associations recognized by the
Department of Education are invested with a public trust and
perform an important public function. Congress expects that
those receiving Department recognition will perform those
functions with the same diligence and competence as would be
provided by any public body and that their procedures will be
conducted with the same level of transparency, due process, and
accountability that would apply to the Department if it
performed this function itself.
The new language requiring accrediting agencies or
associations to apply and enforce their standards in a manner
that respects the missions of institutions of higher education,
including religious missions, reflects these goals. It is not
intended to allow an institution to deny a person participation
in, the benefits of, or to subject a person to discrimination
under any program or activity receiving Federal financial
assistance under existing laws, including those with respect to
race, color, religion, sex, national origin, age, or
disability; or because the person has not complied with a
standard of the institution that requires the person to
discriminate on the basis of race, color, religion, sex,
national origin, age, or disability.
Due process
The committee is concerned that institutions of higher
education do not currently receive appropriate minimum due
process protections when undergoing accreditation evaluations.
Accordingly, the committee has added a new section which
provides that, prior to any final action, an adversely affected
institution may submit a written response to be included in the
record of such decision and, further, that this institution may
seek an appeal before a panel comprised only of members that
did not participate in the underlying adverse decision and do
not otherwise possess any conflict of interest.
With respect to the awarding of accreditation or
reaccreditation of an institution, the word ``finding'' is
included in the committee bill. The word finding means a
substantive conclusion related to the agency's standards or the
Secretary's criteria that is reached in connection with a
decision.
TIMELY INFORMATION ABOUT LOANS
The committee has specified that lenders must include
certain, borrower-specific information when billing a borrower.
However, this requirement should not be construed to require a
lender to mail the required information required to the
borrower. Some lenders provide online accounts, which they
update regularly with borrower-specific information, and which
borrowers access to schedule payments, check account status,
and generally manage their student loan accounts. Lenders may
use this type of notification platform or any other electronic
format to provide the information required by this section
AUCTION EVALUATION AND REPORT
The committee intends for the Government Accountability
Office (GAO) to conduct a study of the pilot program
established for the auction of Federal PLUS Loans under P.L.
110-84, the College Cost Reduction and Access Act. GAO's
evaluation should cover at least five topic areas. First, GAO
should determine the extent of any 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 program in the absence of a pilot program.
This should include a description of any administrative costs
to the Department in coordinating the auctions, and an analysis
of how the costs of administering the auction compare to the
savings, if any, realized by the auction.
Second, GAO should determine the number of lenders
participating in the pilot program, and the extent to which the
program generated competition among lenders. GAO should include
in its review a description of how many unaffiliated financial
institutions submitted bids for the right to originate FFEL
Parent PLUS loans nationwide; a description of how many
unaffiliated financial institutions originated FFEL Parent PLUS
loans; an analysis of the national average special allowance
payment (SAP) on new FFEL Parent PLUS loans determined by the
auction; and an analysis of the range in SAP levels across the
country.
Third, GAO should determine the impact of the transition
to, and operation of, the auction on the ability of lenders and
institutions of higher education to disburse loans made through
the pilot program smoothly and efficiently; the ability of
parents to obtain loans made through the pilot program in a
timely and efficient manner; and the ability of borrowers to
consolidate their loans. The GAO should also include in its
review an analysis of the ability of the Department to
effectively plan, implement and administer the auction; any
additional regulatory burdens that may have emerged in the
process of implementing and conducting the auctions; and the
ability of the Department to guard against collusion in the
bidding process.
Fourth, GAO should review the differential impact, if any,
of the auction among the States, including between rural and
non-rural States. GAO should include in its review a
description of what States are served at each SAP level; which
lenders are submitting bids for which States; whether similar
lenders are bidding on States with similar characteristics
(such as numbers of students or the rural vs. urban setting of
the campuses); which States are being served by a lender of
last resort; and which lenders are bidding on multiple States.
Fifth, GAO should assess the feasibility of using the
mechanism piloted under this section to operate other Federal
higher education loan programs. This assessment should include
a description of the types of lenders who are the winning
bidders; a description of the total volume of new FFEL Parent
PLUS loans under the pilot, relative to volume of pre-auction
years; a description of the total volume of new DL Parent PLUS
loans under the pilot, relative to volume of pre-auction years;
and an analysis of whether there have been changes in the
number or type of concerns, questions or complaints received by
the Federal Student Aid Ombudsman concerning FFEL Parent PLUS
loans. Also, GAO should include an analysis of whether there
have been changes in the quality of customer service being
provided to FFEL Parent PLUS borrowers; an analysis of whether
borrowers in some States are being offered benefits that are
not being offered to borrowers in other States; a description
of to what extent borrowers are taking out more than one FFEL
Parent PLUS loan, and doing so with multiple lenders; and an
analysis of whether borrowers or institutions of higher
education have experienced any shortfalls in FFEL lender
capacity, relative to pre-auction years.
GAO should report preliminary findings to the Chairman and
Ranking Member of the committee no later than September 1,
2010; provide an interim report on September 1, 2012; and issue
a final report on September 1, 2014.
Title V--Developing Institutions
According to Census Bureau data, the Hispanic population in
the United States grew by 25.7 million between 1970 and 2000.
The most recent data indicate that the Hispanic population
represents approximately 14 percent of the U.S. population,
making it the Nation's largest minority group. Further, while
the overall labor force is projected to slow down over the next
decades as an increasing number of workers reach retirement
age, the Hispanic labor force is expected to continue growing
at a fast pace. It will expand by nearly 10 million workers
between now and 2020. Estimates project that by the year 2050,
one in four Americans will be of Hispanic origin. The committee
recognizes that the Nation's economic and social success rests,
in large part, on the level of skills and knowledge attained by
our Hispanic population. Hispanic-serving institutions play a
critical role in the attainment of such skills and knowledge.
Hispanic Americans face challenges in enrolling in and
graduating from institutions of higher education. Hispanic-
serving institutions provide a significant proportion of
postsecondary opportunities for Hispanic students despite
having limited resources and capacity. The purpose of this
title is to expand educational opportunities for Hispanic
students by enhancing academic offerings and resources of
colleges and universities that educate the majority of these
students.
Hispanic-serving institutions (HSIs) have a record of
increasing the number of Hispanic students enrolling in and
graduating from college. Although HSIs account for only 5
percent of all institutions of higher education in the United
States, HSIs enroll over half (51 percent) of all Hispanics
pursuing higher education degrees in the 50 States, the
District of Columbia, and Puerto Rico. Despite this progress,
Hispanics still lag behind their non-Hispanic peers in
postsecondary school enrollment. In 2000, only 21.7 percent of
all Hispanics ages 18 through 24 were enrolled in postsecondary
degree-granting institutions in the United States. Moreover,
Hispanic students are disproportionately enrolled in 2-year
colleges, and are much less likely to finish college than their
non-Hispanic peers. According to the Department of Education,
in 2000, Hispanics earned only 6 percent of all bachelor's
degrees awarded, 4 percent of all master's degrees, and only 3
percent of all doctorates.
Therefore, the capacity of institutions of higher education
to serve the increasing number of Hispanic students must be
expanded and improved. Building on previous success, this bill
strengthens HSIs by establishing a competitive grant program to
expand post-baccalaureate degree opportunities at HSIs. Current
law provides support only for 2-year and 4-year institutions;
this bill establishes support for graduate programs at HSIs.
Grants will support graduate fellowships and support services
for graduate students, as well as supporting facilities
improvement, faculty development, technology and distance
education, and collaborative arrangements with other
institutions.
It is the committee's intent to increase educational
opportunities for all students, and particularly Hispanic
students, and accordingly, to eliminate barriers that limit
access. The bill facilitates the transition of Hispanic
students from 2-year colleges to 4-year colleges, including
courses designed to retain students through program completion.
As noted earlier, Hispanics are disproportionately enrolled in
2-year colleges as compared to their non-Hispanic peers. To
encourage and support these students' continued education, this
bill adds, as an authorized activity, programs that assist a
student's transfer from a 2-year institution to a 4-year
institution.
With these provisions, the committee provides institutions
of higher education with the resources and flexibility they
need to build capacity and serve the increasing Hispanic
student population.
Title VI--International Education Programs
For more than four decades, title VI international
education programs have served the Nation in developing and
maintaining today's national higher education infrastructure
for the study of more than 220 foreign languages, foreign
cultures, and international business. As witnessed in recent
years, foreign language and cultural knowledge needs have
significantly increased throughout the Federal Government due
to a wider range of security threats, the emergence of new
nation states, and the globalization of the United States
economy. Likewise, American business and education increasingly
need internationally experienced employees to compete in the
global economy, to manage a culturally diverse workforce, and
to impart international skills and understanding to our
citizens. In a time of heightened security needs, when our
economy demands that we enter new markets, and when the world
requires us to engage in diplomacy in more thoughtful and
considered ways, it is vital that we have at our disposal a
multilingual, multicultural, internationally experienced
workforce and citizenry. To help meet these challenges, the
committee updated and strengthened several title VI programs.
DIVERSITY OF VIEWS AND RESOLUTION OF DISPUTES
The committee is concerned about reports of bias in some
title VI funded activities and programs. The committee believes
that students' interests are best served when they are exposed
to a variety of perspectives on topics under consideration,
particularly those that are controversial. Accordingly, under
some grant programs, the committee now requires grant
applicants to describe in their applications how activities
will reflect diverse perspectives and how each grantee will
address potential disputes concerning the extent to which
diverse perspectives are reflected. While it is the committee's
intent that such disputes be resolved at the campus level, if
such complaints are not resolved under the process outlined in
a grantee's application and such complaint is then filed with
the Department, the Secretary shall review the request and take
into account the outcomes of such proceedings when determining
the renewal of grants.
INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Consultation
The committee recognizes that programs and grants under
this title focus on a variety of world regions, foreign
languages, and international subjects. To ensure that grants
are appropriately focusing on areas of national need, the
Secretary is directed to consult with and receive
recommendations from the Secretary or designees of a wide range
of Federal agencies, such as the National Security Council, the
Department of Homeland Security, the Department of Defense, the
Department of State, the Federal Bureau of Investigation, the
Department of Labor, the Department of Commerce and the
Director of National Intelligence, on what these areas of
national need should be. These entities are also required to
inform the Secretary of how they utilize the expertise and
resources provided by grantees under this title. The Secretary
must take such recommendations and information into account
when requesting applications for funding, and make available to
applicants a list of areas identified as areas of national
need. The committee believes such consultation and information
sharing is particularly important in light of the war on
terror, the growing range of security threats, increasing
global economic competition, the recently documented shortages
of individuals proficient in critical foreign languages across
public and private sectors and the need for greater mutual
understanding between the U.S. and other nations and cultures.
Survey
To better gauge the impact of programs funded under this
title in meeting national needs for expertise in foreign
languages and world regions in various sectors, the committee
directs the Secretary to assist relevant grantees in developing
a survey to administer as appropriate to students who have
participated in Title VI programs to determine post-graduation
placement. The committee wishes to determine the number of
students pursuing public service, including government service,
health careers, careers in international organizations,
businesses or nonprofits, and careers in research, as well as
advanced education or other activities. The committee is
particularly interested in determining the extent to which
students utilize the knowledge and skills gained through
participation in title VI programs in ways that contribute to
meeting national needs.
Graduate and Undergraduate Language and Area Centers and Programs
The committee has made several improvements to strengthen
the Graduate and Undergraduate Language and Area Centers and
Programs. Authority is added clarifying that the National
Language and Area Resource Centers may use title VI funds for
the purpose of hiring instructors of less commonly taught
languages. This change addresses the increased demand for
courses offering rare languages related to national security
interests and for which faculty may not be readily available.
Revisions to current law also permit additional grants to the
National Language and Area Resource Centers to strengthen
outreach to State and local school districts. The committee has
restored eligibility of undergraduate students to receive
Foreign Language and Areas Studies (FLAS) fellowships.
Permitting undergraduate students to receive these fellowships
serves the national interest by supporting early language and
world area study to help individuals achieve high levels of
proficiency in the less commonly taught languages. The
committee intends that undergraduate students be allowed to use
FLAS fellowships in the United States and abroad for
intermediate or advanced study of the less commonly taught
languages and of foreign cultures. The committee recognizes
that foreign immersion experiences are critical for achieving
high levels of proficiency in the less commonly taught
languages, which are important to the Nation's national
security interests.
Undergraduate International Studies and Foreign Language Programs
The committee modified the Undergraduate International
Studies and Foreign Language Programs to increase the cap on
funding for this section to 20 percent. Institutional grants
for enhancing the international dimension of undergraduate
education are critical to increasing the number of Americans in
the pipeline to foreign language fluency and international
knowledge. Given current shortages of such personnel throughout
government, education and the professions, the committee
believes increased funding should be permitted to respond to
rising demand. The committee urges the Department of Education
to encourage the development of programs that stress the
teaching of foreign languages for practical and professional
use, including programs that promote foreign language education
across the curriculum. Additionally, the committee revised
current law to allow up to 10 percent of a project's funds to
be used for sending undergraduate students on educational
programs abroad that are closely linked to the project's goals
and have the purpose of enhancing foreign language proficiency
and deepening cultural knowledge.
Research and studies
The committee recognizes that international and foreign
language education represents an evolving field in the United
States, one with increasing importance for the national
interest. The Research and Studies program plays an important
role in enhancing international and foreign language education.
The committee urges the Secretary to engage in data collection
and analysis of international education and foreign language
needs and outputs on an ongoing and systematic basis, and to
regularly make the results publicly available. The committee
also encourages the Secretary to consider projects that assess
the impact of student learning abroad, develop proficiency
assessments for the less commonly taught languages where not in
existence, assess the relationship between gains in foreign
language proficiency and cultural learning, and assess the use
of technology for language acquisition and proficiency.
Technological Innovation and Cooperation for Foreign Information Access
The committee updated and strengthened the Technological
Innovation and Cooperation for Foreign Information Access
program. The committee added nonprofit educational
organizations as eligible grant recipients in consortia with
institutions of higher education and/or public or private non-
profit libraries. The committee also clarified that funds may
be used for the acquisition of printed materials from abroad
for the purposes of this section. Currently authorized
activities, such as applying new technologies to indexing,
cataloging, preserving, disseminating, and providing access to
foreign materials, require that the materials be available. The
committee added new authorized activities for establishing
linkages with institutions abroad that facilitate access to
foreign information and provide the Department of Education
flexibility to establish new activities deemed useful for
carrying out the purposes of the section.
BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS
No alterations were made to the Business and International
Education Programs. The main purpose of the business and
international education grants has been to support programs of
local and State scope.
Institute for International Public Policy
The changes to the Institute for International Public
Policy (IIPP) grant program reflect the committee's belief in
the continued importance of increasing the number of African-
Americans and other underrepresented minorities in the
international service.
Minority Foreign Service Professional Development Program
The committee included language that permits the Secretary
of Education to waive or reduce the non-Federal matching share
requirement of the eligible recipient. This will permit the
successful grantee to implement all of the objectives set forth
in part C with both federally appropriated funds and private
in-kind and cash contributions in a post-9/11 world.
Institutional development
The committee added language to clarify that the academic
programs intended to receive support through the grants awarded
by the Institute are international affairs, international
business, and foreign language study programs. In an era of
globalization where public policy is often driven by private
sector considerations, it is important that IIPP's program of
training and capacity building encompass the fullest range of
issues and subject matter.
Advanced degree in international relations
The committee wishes to allow eligible students to earn a
doctoral degree, where appropriate, instead of the master's
degree mandated by current law. The current program limitation
to offering master's degrees may not be appropriate for some
students in certain fields of study. The addition of the
doctoral degree will not only increase the number of minority
Ph.D. experts, especially in areas relating to national
security, it will increase the depth and breadth of national
security and international affairs expertise from which the
Nation can benefit.
Financial assistance
To support the goal of increasing the representation of
African-Americans and other underrepresented minorities in
international service, the committee included provisions
relating to financial support for students. Under the new
provisions, students will be eligible to receive summer
stipends to help defray costs for participation in the summer
institute funded under this part. The committee also authorized
a Ralph Bunche scholarship to help finance the education of
students enrolled in programs funded under this part. The
scholarship honors the life and career of Ambassador Ralph
Bunche, who became the first person of color to receive the
Nobel Peace Prize in 1950. The committee finds it fitting that
a scholarship to foster greater participation in international
service by African-American and other underrepresented students
of color should be named after Mr. Bunche.
GENERAL PROVISIONS
The committee added new sections to the General Provisions
to allow the Department of Education discretionary funding (up
to 1 percent of title VI appropriations) for evaluation,
national outreach, and information dissemination. The committee
urges the Department to increase outreach to the higher
education community about the funding opportunities available
under title VI, as well as to find new ways to provide greater
national accessibility to and awareness of the expertise and
knowledge that these programs produce.
Title VII--Graduate and Postsecondary Improvement Programs
GRADUATE EDUCATION PROGRAMS
Graduate and professional education programs in the United
States are respected and emulated worldwide. They attract and
educate the best and brightest domestic and international
students. Our unique system of combining graduate education
with teaching and research strengthens the American education
system, while producing highly educated individuals who will
become the next generation's leaders in education, government,
medicine, and industries vital to our Nation's competitiveness,
economy, security, and well-being.
Unlike graduate education programs in other Federal
agencies, the Department of Education's programs provide
support for the entire range of academic disciplines, including
the sciences, arts, social sciences, and the humanities. The
Department currently administers two graduate programs:
Graduate Assistance in Areas of National Need (GAANN) and Jacob
K. Javits Fellowships. GAANN provides traineeships to students
of superior academic ability in academic departments at
universities that offer a course of study that leads to a
doctoral degree in an area of national need designated by the
Secretary of Education. The Javits program competitively awards
portable fellowships to top graduate students pursuing a
doctoral or the highest degree possible in the arts, humanities
or social sciences.
The committee endorses the goals and success of the GAANN
and Javits programs and seeks to further strengthen their
achievement and purpose. It is the intent of the committee to
make additional changes to Javits to ensure the diversity of
its Fellowship Board in terms of institution type, range of
disciplines, minority status and geographic location. The
committee also seeks to establish parity between the GAANN and
Javits award amounts and the National Science Foundation's
Graduate Research Fellowship Program.
In determining current and future areas of national need,
the committee directs the Secretary to consult with various
Federal and nonprofit agencies and organizations. The committee
instructs the Secretary to also give serious consideration to
employment projections by the U.S. Bureau of Labor Statistics
in assessing current and future professional workforce needs,
and to designate fields experiencing significant shortages,
such as registered nursing and elementary and secondary
education, as areas of national need. In addition, the
committee directs the Secretary to establish a priority for
grants in those areas of national need where there are
significant professional workforce shortages.
FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION
There are a variety of issues and problems impacting
postsecondary education. The Fund for the Improvement of
Postsecondary Education (FIPSE) was created to identify new
ideas and practices to address these concerns. The FIPSE
program awards grants designed to support innovative reform
projects to resolve relevant issues and problems impacting
postsecondary education. Since its inception in 1973, FIPSE has
provided grants to some of the boldest innovators in education.
The committee supports the mission and purpose of FIPSE and
expands several of its provisions, including the areas of
national need under special projects.
The committee anticipates that one of the new activities
provided through special project grants will improve secondary
school graduation and college attendance and completion rates
for disadvantaged students. While there are many secondary
school reform models that could meet this eligibility
requirement, the committee would like to make note of one
particular model program called Project GRAD. Project GRAD is a
comprehensive, cost-effective program with a record of
improving the academic achievement and college access of
students from low-income backgrounds. Project GRAD's integrated
approach to teaching and learning includes working with an
entire feeder system in a school district, the local non-profit
Project GRAD organization, community involvement and
collaboration, and existing assets. Project GRAD delivers a
comprehensive set of research-based programs in reading,
mathematics, classroom management, social services/parent
involvement, and college preparation. In addition, Project GRAD
provides a 4-year college scholarship to all students who
qualify. It is this unique structural approach that contributes
to higher academic standards and offers the dream of graduation
and college to all the students within a feeder system, or even
an entire district.
Members of the committee are also aware of the special
project grant awarded to the Shepherd Program at Washington and
Lee University and support its efforts to coordinate and expand
its activities, through the Shepherd Consortium of colleges and
universities, to provide an integrated curricular and co-
curricular interdisciplinary study focusing on poverty and
human capability for university and law students with
internships in non-profit agencies in disadvantaged
communities. The Consortium will include, among others,
Georgetown University, Vanderbilt University, Berea College,
Morehouse College, Spelman College, Middlebury College, Morgan
State University, the University of Arkansas at Little Rock,
and the University of Richmond. The Secretary is authorized to
make grants under FIPSE for the Shepherd Consortium. Members of
the committee envisioned, in the development of this provision,
the Shepherd Consortium's combined approach of core academic
curricula with service learning internships, as a means to
assist those in disadvantaged communities.
Similarly, Members are aware of the Single Parent Program
at Endicott College, which has worked for many years to improve
higher education access and completion rates for single
parents. The committee believes Endicott is singularly well-
suited to organize and implement the center for best practices
to support single parent college students authorized under
FIPSE.
The committee recognizes the significant impact that
Federal regulations across the government have on the smooth
operation of institutions of higher education. In order to help
institutions of higher education be better informed and
understand their legal obligations and the scope and potential
impact of Federal regulations on the institutions, the
committee includes an authorization for a competitive grant or
contract to an institution of higher education to maintain a
comprehensive Web site that describes and explains the impact
of Federal regulations, and notices of proposed rulemaking, on
institutions of higher education.
DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A
QUALITY HIGHER EDUCATION
Students with disabilities struggle to access and persist
through higher education. Students with disabilities are 10
percent less likely to enroll in some form of postsecondary
education compared to students without disabilities. They are
much less likely to be qualified to enroll in postsecondary
education than their counterparts without disabilities.
Similarly, those students who enroll in postsecondary education
are less likely than their counterparts without disabilities to
stay enrolled in or earn a postsecondary degree or credential.
Despite these shortcomings, those who do graduate go on to be
quite successful in the workforce.
The committee recognizes the unique challenges students
with disabilities face when trying to access higher education
and their overall significance to our Nation's workforce. It is
for this reason that the committee encourages institutions of
higher education to decrease barriers to higher education for
students with disabilities. The bill amends the authorized
activities under part D by adding several provisions in which
institutions of higher education may engage to accomplish this
goal. The bill requires that the academic and programmatic
needs of students with disabilities must be met as part of the
development of innovative, effective, and efficient teaching
strategies. The committee recognizes that the retention and
completion rates of postsecondary programs for students with
disabilities is quite poor, and added this provision in an
attempt to improve such rates. The committee added language to
address the insufficient postsecondary education and employment
outcomes for students with disabilities by including the
development of teaching strategies to ensure the successful
transition of students with disabilities from secondary to
postsecondary education, and aligned them with the new
transition requirements in the Individuals with Disabilities
Education Act and the Workforce Investment Act.
The committee also added a new data collection requirement.
This provision, collecting data on employment outcomes of
students with disabilities after the receipt of postsecondary
education, was added to gain information on the employment
outcomes of such education for students with disabilities. The
committee intends that such research, information, and data
will be made broadly accessible through means such as web-based
clearinghouses, portals or other means of cataloging and making
available collected information. The committee recognizes that
the use and accessibility of technology can be a barrier to
students with disabilities accessing distance learning courses.
The Disability Career Pathways activity was included to
recognize the importance of developing the next generation of
professionals to work with individuals with disabilities. It
provides training for postsecondary staff to enable them to
educate young people about disability related fields of study.
As a result, it is expected that more individuals will pursue
careers in these fields. The committee intends that activities
authorized under this section will focus on making
postsecondary education more accessible to students with
disabilities through curriculum development. The Secretary of
Education is required to review and disseminate a report of the
demonstration project activities funded under this section to
provide guidance and recommendations to all institutions of
higher education on how successful projects can be replicated.
Students with intellectual disabilities face even greater
challenges entering postsecondary education programs than
students with other disabilities. At the same time, the number
of students with intellectual disabilities who are seeking to
enter such programs is rising, and there is a need to expand
the number of college- and university-based programs that are
equipped to serve this special population of students. The
committee notes that presently, only around 100 postsecondary
education institutions offer programs that are geared toward
students with intellectual disabilities. While a number of
institutions have expressed an interest in developing such
programs, these institutions require appropriate financial and
technical support to do so. To that end, the committee has
authorized the Secretary to award grants to institutions of
higher education to create and expand high-quality,
comprehensive transition and postsecondary programs for
students with intellectual disabilities. The committee also
authorizes the establishment of a coordinating center that will
help institutions of higher education improve existing programs
for students with intellectual disabilities, facilitate the
development of new programs, and ensure that all such programs
are high-quality. It is the committee's hope that these
measures will result in a marked increase in the number of
students with intellectual disabilities entering higher
education, as well as an increase in these students' successful
transition into the workforce.
Title VIII--Miscellaneous
MATHEMATICS AND SCIENCE SCHOLARS PROGRAM
This initiative is designed to encourage more high school
students to take a rigorous secondary curriculum in math and
science. The committee believes that this effort is necessary
to encourage more students to become interested in these areas
to continue to allow the United States to remain competitive
internationally. The fields of math and science are critical to
the economic growth and national security of the United States.
Our economy today is more reliant on workers with greater
quantitative skills, scientific knowledge and technological
expertise. Unfortunately, the supply of these qualified workers
here in the United States is not keeping up with business
demand, forcing American industries to rely on foreign talent
to fill the gaps.
According the National Center for Education Statistics,
U.S. 4th graders score well in math and science against
international competition, but they fall near the bottom by
12th grade in these subject areas. This may be due in part to
the small number of high school students taking advanced math
or science courses. A report from the Task Force on Mathematics
and Science Achievement suggests that most U.S. high school
students take no advanced science courses, with only one-
quarter enrolling in physics and one-half in chemistry. In
addition, while most countries introduce algebra and geometry
in the middle grades, only one in four U.S. students take
algebra before high school. Further, approximately 90 percent
of U.S. high school students stop taking math before getting to
calculus.
With limited Federal resources, it is imperative that we
make wise investments and target funding to those areas that
are critical to our Nation's future. The committee believes the
new Math and Science Scholars Program is one such wise
investment. It is a competitive grant program to award merit-
based scholarships to eligible students who complete a rigorous
high school curriculum in mathematics and science. Students are
eligible to receive a scholarship of up to $1,000 per year for
up to 2 years of undergraduate study. Eligible students must be
in their first or second year to receive a scholarship.
The committee also believes that State involvement in this
new program is critical to its success. States will be required
to match at least 50 percent of the Federal funds to
participate. The committee believes that States should also be
given flexibility in tailoring the scholarship program to State
standards or needs. Participating States, not the Federal
Government, will determine what constitutes a rigorous high
school curriculum in math and science. States may also set a
priority in awarding these grants to eligible students, but
such a priority is not required. Such priority could be to
respond to specific needs in areas of the State or to address
attracting students from groups underrepresented in the math
and science fields. These provisions are designed to require
participating States to make the commitment to a strong math
and science curriculum at the secondary level and ultimately
attract more students to pursue these fields.
POSTSECONDARY EDUCATION ASSESSMENT
There has been ongoing debate about the spiraling cost of
college and the appropriate Federal role in addressing it. The
purpose of this study is to give the public and the Congress an
independent assessment of the financial factors associated with
postsecondary tuition costs. The assessment will examine the
key elements linked with the cost of tuition and identify and
evaluate effective measures that may be utilized to control
future postsecondary education costs. To carry out this study,
the committee directs the Secretary to enter into a contract
with an independent, bipartisan organization that has specific
expertise in public administration and financial management,
such as the National Academy of Public Administration. The
results of this study will inform future discussion on college
tuition and help future congresses examine this complicated
issue with greater clarity.
JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES
The needs of today's workforce have created an increased
demand on colleges to respond quickly to the education and
specific skills training needs of businesses. These competitive
grants will allow institutions of higher education that offer a
1- or 2-year program leading to a degree or certificate to work
with local workforce boards to create innovative programs to
respond to high-growth industries. Colleges could develop
curricula or customize programs to match workers with the
skills in demand in particular industries.
ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL NURSING
STUDENTS
The United States is currently experiencing a health care
crisis. There is a great shortage of Registered Nurses (R.N.s)
in U.S. hospitals, yet nursing schools turn away 150,000 well-
qualified applicants each year due to high education costs and
a shortage of R.N. trainers. The committee believes that the
solution is to educate and train more nurses. This new program
will increase capacity for R.N. students through grants to
colleges and universities to increase enrollment. Nursing
programs will receive $3,000 per additional student to defray
the increased costs required to admit and train that student.
The committee expects that within 4 years, these grants will
aid the graduation of over 10,000 additional nurses each year
and increase the pool of teachers for R.N. education programs.
The grants will address the serious nursing shortage in the
U.S. by increasing the pipeline of nursing education programs.
AMERICAN HISTORY FOR FREEDOM
The American History for Freedom program will make
competitive grants available to institutions of higher
education for the purpose of establishing or strengthening
programming in Traditional American History, Western
Civilization, or Free Institutions. The program will help
ensure that more postsecondary students have the opportunity to
participate in courses of study and activities focused on these
critical subjects, and that prospective teachers have access to
a solid foundation of content knowledge.
The committee believes that it is important to preserve and
defend our common heritage of freedom and civilization, and to
ensure that future generations of Americans understand the
importance of traditional American history and the principles
upon which this Nation was founded and on which it continues to
rely. In a time when our values and ideals are questioned, is
also important to develop an understanding of the nature of
free institutions, of the events and principles that brought
them into existence, and of how they have been defended in the
past.
TEACH FOR AMERICA
The committee establishes and authorizes grants for Teach
for America, a national program that recruits recent successful
college graduates to teach for up to 2 years in underserved
communities in the United States. These funds will be used to
recruit, select, train and support these graduates so they can
be placed through an agreement in schools in districts with
which there are agreements. In addition, these funds will
support a study to assess the quality of the Teach for America
participants.
PATSY T. MINK FELLOWSHIP PROGRAM
The committee bill includes authorization for a Federal
fellowship program linked to service in the higher education
professoriate. The Patsy T. Mink Fellowship program honors
Congresswoman Patsy Mink of Hawaii, who served in the House of
Representatives for more than 27 years. She was a faithful and
dedicated member of the House Education and Labor Committee and
the Committee on Education and the Workforce during her service
in the House. In addition to her role as a driving force and
the author of Title IX of the Education Amendments of 1972,
which
created equity in scholastics and in athletics for women and
girls, including at colleges and universities, Mrs. Mink worked
hard to expand educational opportunities at all levels for low-
income, minority, educationally-disadvantaged, first-
generation, and disabled students.
The committee believes that it is fitting that a program
designed to enhance the presence of minorities and women in the
higher education professoriate should bear Mrs. Mink's name. A
recent Woodrow Wilson National Fellowship Foundation report,
Diversity and the PhD: A Review of Efforts to Broaden Race and
Ethnicity in U.S. Doctoral Education, documents the under-
representation of minorities receiving doctorates. The Mink
Fellowship program will not only contribute to student
persistence in obtaining the doctorate, but also will encourage
students to continue in the professoriate beyond the service
requirement mandated by law.
IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
The committee recommends that the Department collect, in
full compliance with FERPA, college enrollment by secondary
institution and graduation year from postsecondary institutions
via the Integrated Postsecondary Education System (IPEDS), and
diploma recipients by secondary institution and graduation year
from States via the Common Core of Data (CCD), both of which
are existing data-collection systems within the National Center
for Education Statistics.
The committee intends for these data to be used purely as a
tool for secondary institution leaders to measure the success
of their initiatives and innovations aimed at increasing
college enrollment. Data provided under this provision are not
intended to be used by Federal, State, or local governments to
hold schools, their administrators, teachers or staff,
accountable or suffer any repercussions as a result of the
data. The committee specifically opted to make trend data
rather than absolute numbers available to allow for examination
of progress over time rather than comparisons between schools.
The committee recommends that the Department contract with
College Summit, Inc. to calculate and make publicly available
year-to-year college enrollment rate trends by secondary
institution
because College Summit is the preeminent national non-profit
organization concentrating on increasing college enrollment
rates in low-income communities, working both multi-state and
schoolwide.
PREDOMINANTLY BLACK INSTITUTIONS
Many higher education institutions have been ineligible for
Federal grants to enhance college access for low-income and
minority students because they are not Historically Black
Colleges and Universities (HBCU) established prior to 1965. The
committee finds that at least 75 more institutions, serving
265,000 students, would be eligible for these monies if this
issue were addressed. As such, the bill extends the college
access grants to Predominantly Black Institutions (PBIs). The
allocation formula will be similar to the Title III, Part B
HBCU institutions. Awards will be based on the percentage of
Pell Grant recipients, students graduating within a specified
period of time, and students progressing to degree programs at
the next academic level. The PBI grant program will increase
college access for the growing number of urban and rural
minority students whose family and financial situations limit
their college attendance.
EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER TASK
FORCE
To ensure that our students are prepared to meet the
challenges of our world economy, we must improve the quality of
education at all levels. This begins with early education. The
committee recognizes that investing in early education will
have compounding benefits for students in subsequent years of
schooling. To do this we must address the serious teacher
training and retention problem in early education.
This bill authorizes the Secretary to award State grants to
improve the quality of the early education workforce by
creating a statewide early childhood education professional
development and career task force. State task forces will
conduct a review of the opportunities for and barriers to
higher education degree programs and develop a comprehensive
statewide professional development and career system for
individuals working in childhood education programs. The
committee believes that these task forces will be integral to
improving early childhood educator training, compensation, and
retention.
IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
The committee notes the lack of Alaska Native and Native
Hawaiian professionals in the fields of science, technology,
engineering, and mathematics and the under representation of
Alaska Native and Native Hawaiian students in programs designed
to increase competitiveness in Science, Technology,
Engineering, and Mathematics (STEM) fields. The committee has,
therefore, included an authorization for an initiative to
provide academic and other supports to assist students, from
early grades through college graduation, to be prepared to
enter STEM professions. The committee intends that this new
initiative will further develop or expand existing programs
which are specifically designed to develop Alaska Native and
Native Hawaiian professionals in the STEM fields.
PILOT PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES
Unfortunately, many high school graduates with young
families live below 200 percent of the poverty line and
struggle to afford, attend, and graduate from college. Nearly
half of the students who begin their postsecondary education at
a community college do not obtain a degree and are not enrolled
in any institution of higher education 6 years later. Many
community college students have poor academic preparation, have
difficulty paying for college and feel unsupported on campus.
At least one study has shown that changes in institutional
practices can lead to better student outcomes. This pilot
program, modeled after recent studies at some community
colleges, will provide scholarship funds ($1,000 a semester, up
to two semesters) and dedicated counseling services to eligible
students at community colleges. Participating institutions will
conduct random assignment evaluations and the Secretary will
make best practices lessons learned information available to
the public. The committee expects that the incentive-based
scholarship program and supplemental counseling services will
boost persistence rates for this disadvantaged population.
STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
Recent events such as the tragedy at Virginia Tech and
Hurricane Katrina highlight the important role that colleges
and universities have in protecting students from safety and
security risks. The committee believes that it is the
responsibility of the Federal Government to provide colleges
and universities with the help and support they need to try to
prevent such tragedies where possible, and to protect their
students in the event a tragedy does occur. The new program
helps colleges improve campus safety by conducting security
assessments and training security personnel, developing
emergency communications and response systems, coordinating
with local emergency response efforts, and ensuring students
have access to adequate mental health services, including
crisis response services.
Title IX--Amendments to Other Laws
EDUCATION OF THE DEAF ACT OF 1986
Coordination with the No Child Left Behind Act and accountability for
student outcomes
The committee strengthens the accountability of Gallaudet's
elementary and secondary schools by aligning such requirements
with the accountability requirements in the No Child Left
Behind Act of 2001 (P.L. 107-110). Specifically, this provision
requires Gallaudet to select the academic content, achievement,
and assessment standards of a State approved by the Secretary
of Education as its own, and implement such standards as its
own by the 2008-2009 school year and determine whether such
programs are making adequate yearly progress. The committee
believes that allowing Gallaudet to choose the approved
standards from a State will relieve the University of the
expensive and time-consuming task of having to develop its own
standards and assessments for one small school. This would
provide a basis of comparison for the achievement of students
in the Gallaudet program that would otherwise be lacking.
Additionally, this requirement would make the State's
definition of ``adequate yearly progress'' applicable to the
University's K-12 education program. Again, the committee
believes that this would ensure that the educational
accountability provisions applicable to that program reflect
the No Child Left Behind Act's principle that children with
disabilities should be held to the same academic expectations
as all other children.
Naming the Rochester Institute of Technology in the act
Because of the longstanding relationship between the
Rochester Institute of Technology (RIT) and the National
Technical Institute for the Deaf (NTID), the committee names
RIT as the entity the Secretary enters into or continues an
agreement with for the establishment and operation of NTID.
Furthermore, the committee permits the Secretary to enter into
an agreement with another institution of higher education if
the Secretary or RIT terminates the agreement. However, it is
the intent of the committee that the Secretary will not
terminate the agreement with RIT without just cause.
Cultural experience grants
The committee has authorized funding for grants to
nonprofit organizations in order to enrich the cultural
experiences for deaf and hard of hearing children and adults
through exposure and access to professional theatre. The
committee believes that nationally recognized programs such as
Deaf West Theatre and the National Theater of the Deaf have a
long history of providing such programming to these audiences,
and would be appropriate recipients for these grant funds.
Audit reporting
The committee amends current law to ensure that the
Department of Education receives an independent financial and
compliance audit of the National Technical Institute for the
Deaf (NTID). In order for the audit to be meaningful and useful
to the Department, it is necessary to have the audit follow the
cycle of the Federal fiscal year. The bill ensures the audit
period and the fiscal year are the same.
Outcome reporting
The committee believes that modifying Gallaudet's reporting
requirements on the disposition of secondary school and
university graduates from ``upon graduation/completion'' to
``approximately one year after graduation'' will provide a
clearer picture of outcomes for students. Additionally,
changing the timeline of the reporting requirements will make
the reporting language for the audit the same for Gallaudet and
NTID.
Surcharges for international students
The committee acknowledges that Gallaudet University and
NTID are the only liberal arts universities in the world
designed exclusively for deaf and hard of hearing students, and
that the 100 percent surcharge for such students is a barrier
to attendance for international students. Although Gallaudet
and NTID have the capacity to serve additional international
students, the committee also recognizes its commitment to
students from the United States who are deaf, and assuring that
United States tax dollars are spent on providing educational
opportunities for United States citizens first. Therefore, the
committee authorizes Gallaudet and NTID to create a fee system
in which students from non-developing countries must pay the
100 percent surcharge. However, if such a student can
demonstrate need, he or she may have the surcharge reduced by
up to 50 percent. Furthermore, a student from a developing
country must pay a 50 percent surcharge. If such a student can
demonstrate need, he or she may have the surcharge reduced by
50 percent, but must pay a minimum surcharge of 25 percent.
Because of the initial costs associated with developing a
distance learning course, international students living outside
of the United States would not have to pay a surcharge nor
count toward the enrollment cap for international students.
UNITED STATES INSTITUTE OF PEACE
Board of directors
The committee clarifies that the term of a board member
begins when the member is confirmed by the Senate and sworn in,
not when the board member's nomination is made public.
Confusion over the interpretation of this provision had led to
vacancies on the Institute's board, and also unnecessarily
shortened the term of service of some board members. The
committee expects this clarification to resolve any outstanding
concerns over board appointments, and that it be applied
retroactively to board members sworn-in in 2007.
Application of GEPA
The committee clarifies that certain provisions under the
General Education Provisions Act (GEPA) apply to the United
States Institute of Peace, allowing the Institute to continue
to receive appropriations for 1 fiscal year after the
expiration of the authorization, pursuant to the authority
provided under the GEPA for Federal education programs.
INDIAN EDUCATION
Tribally Controlled Colleges and Universities Act
In response to the concerns of many tribes, the committee
makes several changes to improve the consistency among the many
different Federal programs providing assistance to tribally
controlled colleges and universities. The committee recognizes
the challenges created for these institutions by having several
different Federal programs provide assistance, each with a
slightly different set of definitions. The Committee expects
these amendments to improve the coordination between Federal
programs and help tribally controlled institutions spend more
time serving students, and less time navigating complex Federal
requirements.
Dine College
The committee recognizes the longstanding relationship
between the Federal Government and the Navajo Nation.
Legislation enacted in 1971 established a dedicated
discretionary grant stream for the Navajo Community College,
which has been renamed Dine College. In reauthorizing this
program, the committee finds that the Treaty of 1868 between
the United States of America and the Navajo Tribe of Indians
provides for the education of the citizens of the Navajo
Nation.
In 1968, the Navajo Nation created and chartered the Navajo
Community College by Resolution CN-95-68 as a wholly owned
educational entity of the Navajo Nation. In 1971, Congress
enacted the Navajo Community College Act (Public Law 92-189; 25
U.S.C. 640a et seq.). In 1997, the Navajo Nation officially
changed the name of the Navajo Community College to Dine
College by Resolution CAP-35-97.
The purpose of Dine College is to provide educational
opportunities to the Navajo people and others in areas
important to the economic and social development of the Navajo
Nation. The mission of Dine College is to apply the principles
of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance
quality student learning through training of the mind and
heart--(1) through Nitsahakees (Thinking), Nahata (Planning),
Iina (Living), and Sihasin (Assurance); (2) in study of the
Dine language, history, philosophy, and culture; (3) in
preparation for further studies and employment in a
multicultural and technological world; and (4) in fostering
social responsibility, community service, and scholarly
research that contribute to the social, economic, and cultural
well-being of the Navajo Nation.
The United States has a trust and treaty responsibility to
the Navajo Nation to provide for the educational opportunities
for Navajo people. Significant portions of the College's
infrastructure are dilapidated and pose a serious health and
safety risk to students, employees and the public.
For these reasons, the committee amends the Navajo
Community College Act, and renames it after the college, now
known as Dine College. The committee also updates references to
the Navajo Indian Tribe and instead replaces it with the
appropriate term ``Navajo Nation.''
The committee also updates a study of the facilities needs
of the college that was last commissioned in 1979, and
authorizes a separate set of uses of funds related to the
construction of buildings, water and sewer facilities, roads,
information technology and telecommunications infrastructure,
classrooms and external structures.
The committee also clarifies that funds made available
through this act may be used for improving and expanding the
college, including by providing--for the Navajo people and
others in the community--higher education programs; vocational
and technical education; activities relating to the
preservation and protection of the Navajo language, philosophy,
and culture; employment and training opportunities; economic
development and community outreach; and a safe learning,
working, and living environment.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 14, 2007.
Hon. Edward M. Kennedy,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget office has
prepared the enclosed cost estimate for S. 1642, the Higher
Education Amendments of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Jessica Sherry.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
S. 1642--Higher Education Amendments of 2007
Summary: S. 1642 would reauthorize and amend most
postsecondary education programs under the Higher Education Act
of 1965 through 2013. Under the General Education Provisions
Act, those authorizations would automatically be extended
through 2014. The bill also would create several new programs
and amend several other acts, including the Education of the
Deaf Act of 1986 and the United States Institute of Peace Act.
The bill would authorize the appropriation of such sums as may
be necessary to carry out those programs.
CBO estimates that enacting S. 1642 would increase direct
spending by $75 million in 2008 and would have a negligible
effect on such spending over the 2008-12 and 2008-17 periods.
Assuming the appropriation of the necessary funds, CBO
estimates that implementing S. 1642 would increase
discretionary outlays by $1.9 billion in 2008 and $53.2 billion
over the 2008-12 period.
S. 1642 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
preempt certain State contract laws as they apply to Perkins
educational loans. CBO estimates that the costs, if any, to
State governments to comply with the preemption would be
minimal and would not exceed the annual threshold established
in UMRA ($66 million in 2007, adjusted annually for inflation).
The bill contains no private-sector mandates, as defined in
UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1642 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF S. 1642
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2008 2009 2010 2011 2012 2008-2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING \1\
Estimated Budget Authority......................... * * * * * *
Estimated Outlays.................................. 75 * -50 -25 * *
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I:
Estimated Authorization Level.................. 4 3 3 3 3 16
Estimated Outlays.............................. 1 2 2 3 3 11
Title II:
Estimated Authorization Level.................. 87 90 96 103 113 490
Estimated Outlays.............................. 4 64 82 94 101 346
Title III:
Estimated Authorization Level.................. 463 480 505 539 585 2,573
Estimated Outlays.............................. 23 339 435 498 530 1,826
Title IV:
Estimated Authorization Level.................. 8,462 10,062 11,798 13,687 14,386 58,396
Estimated Outlays.............................. 1,509 8,351 10,330 12,192 13,812 46,195
Title V:
Estimated Authorization Level.................. 112 116 123 133 146 631
Estimated Outlays.............................. 6 82 106 122 130 445
Title VI:
Estimated Authorization Level.................. 126 131 138 149 164 708
Estimated Outlays.............................. 6 92 118 136 146 500
Title VII:
Estimated Authorization Level.................. 154 160 169 183 201 866
Estimated Outlays.............................. 8 113 145 167 179 611
Title VIII:
Estimated Authorization Level.................. 347 355 376 406 445 1,930
Estimated Outlays.............................. 17 254 323 371 398 1,363
Title IX:
Estimated Authorization Level.................. 362 375 404 428 460 2,029
Estimated Outlays.............................. 282 350 385 414 442 1,873
Total:
Estimated Authorization Level.............. 10,117 11,773 13,614 15,631 16,503 67,638
Estimated Outlays.......................... 1,857 9,646 11,925 13,998 15,742 53,169
----------------------------------------------------------------------------------------------------------------
\1\ In addition, S. 1642 would affect direct spending by less than $500,000 over the 2008-2017 period.
Note:-- * =between $500,000 and $500,000; components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
1642 will be enacted by the end of calendar year 2007 and that
sufficient funds will be appropriated for each program. For
current programs that would be reauthorized in their current
form, CBO assumes continued funding at their 2007 levels and
adjusts for inflation in future years.
Direct spending
The bill would make several changes to eligibility rules
for the Academic Competitiveness and SMART Grant programs, and
to the calculations of the needs analysis and rules for student
and institutional eligibility for the federal student loan
programs. For both the Academic Competitiveness Grant and SMART
Grant Programs, the bill would adjust how a student's academic
year is determined and expand eligibility to part-time
students. Currently, only full-time students are eligible for
grants. Appropriations for those programs are capped at
specified amounts and the Secretary has the authority to reduce
award levels to stay within the appropriation. CBO estimates
these changes would increase outlays by $75 million in fiscal
year 2008 and would reduce outlays by the same amount in future
years. There would be no net impact on Federal spending over
the 2008-17 period. All other changes to direct spending
programs would have a negligible effect on outlays.
The changes to eligibility also would affect discretionary
spending in the Pell Grant program but those changes would
affect discretionary spending. (If appropriations for the
Department of Education for fiscal year 2008 are enacted prior
to the enactment of S. 1642, any changes to the Pell Grant
program for 2008 would result in direct spending in 2008.)
Spending subject to appropriation
The bill would reauthorize and amend many of the
discretionary programs previously authorized by the Higher
Education Act of 1965 and would create a number of new
discretionary programs. For most of those programs, the bill
would authorize the appropriation of such sums as may be
necessary for each year through 2013. However, authorizations
would automatically be extended through 2014 based on rules set
forth in the General Education Provisions Act. S. 1642 also
would introduce several new programs and amend several other
acts, including the Education of the Deaf Act of 1986 and the
United States Institute of Peace Act. In total, CBO estimates
that implementing this legislation would increase outlays by
$1.9 billion in 2008 and $53.2 billion over the 2008-12 period,
assuming appropriation of the necessary amounts.
Title I: General Provisions. Title I would create several
programs designed to provide grants to institutions for the
development of information systems. CBO estimates that
providing those grants would increase outlays by $1 million in
2008 and $11 million over the 2008-12 period, assuming the
availability of appropriated funds.
Title II: Teacher Quality Enhancement. Title II would
reauthorize and amend a program that provides grants to
eligible partnerships of State and local educational agencies,
schools, businesses, and nonprofit education organizations for
teacher recruitment and professional development. CBO estimates
that reauthorizing title II would increase outlays by $4
million in 2008 and $346 million over the 2008-12 period,
assuming appropriation of the necessary amounts.
Title III: Institutional Aid. The bill would reauthorize
and amend institutional aid programs and would create several
new programs that would offer further institutional aid. Title
III programs are designed to give financial assistance to
institutions of higher education that serve a high percentage
of minority students with low income and to help those
institutions develop and improve the quality of education they
offer students. Implementing title III would increase outlays
by $23 million in 2008 and $1.8 billion over the 2008-12
period, assuming appropriation of the necessary amounts.
Title IV: Student Assistance. S. 1642 would reauthorize and
revise the current student assistance programs, including Pell
Grants, and also would create new student assistance programs
to provide financial assistance to specific populations of
students pursuing higher education. The estimated costs for
Pell Grants are based on current law including recent changes
under Public Law 110-84, which was enacted on September 27,
2007. CBO estimates that reauthorizing title IV would increase
outlays by $1.5 billion in 2008 and $46.2 billion over the
2008-12 period, assuming appropriation of the necessary
amounts.
Title V: Developing Institutions. Title V would reauthorize
the Developing Institutions program, which provides grants to
institutions that serve Hispanic students to help those
institutions expand and improve educational opportunities for
Hispanic Americans. CBO estimates that reauthorizing title V
would increase outlays by $6 million in 2008 and $445 million
over the 2008-12 period, assuming appropriation of the
necessary amounts.
Title VI: International Education Programs. Title VI would
reauthorize and revise the international education programs.
Those programs provide for the development of programs,
centers, fellowships, and research projects that allow more
citizens to gain knowledge about other world regions and
expertise in foreign languages and international affairs. CBO
estimates that reauthorizing those programs would increase
outlays by $6 million in 2008 and $500 million over the 2008-12
period, assuming appropriation of the necessary amounts.
Title VII: Graduate and Postsecondary Improvement Programs.
Title VII would reauthorize and amend programs that would
establish national graduate fellowships that are designed to
attract students to complete advanced degrees in areas of
national need. CBO estimates that reauthorizing this title
would increase outlays by $8 million in 2008 and $611 million
over the 2008-12 period, assuming appropriation of the
necessary amounts.
Title VIII: Miscellaneous. S. 1642 would add title VIII to
the Higher Education Act of 1965. New programs under that title
would provide financial assistance to institutions of higher
education to develop their capacity to serve specific
populations of students, organizations working to expand their
educational programs, and students pursuing certain areas of
study. CBO estimates that implementing. title VIII would
increase outlays by $17 million in 2008 and $1.4 billion over
the 2008-12 period, assuming appropriation of the necessary
amounts.
Title IX: Amendments to Other Laws. Title IX would make
amendments to laws other than the Higher Education Act of 1965.
The amendments would affect the Education of the Deaf Act of
1986, the United States Institute of Peace Act, the Higher
Education Act of 1998, and the Indian Postsecondary Education
programs run by the Bureau of Indian Affairs. CBO estimates
that implement Title IX would increase outlays by $282 million
in 2008 and $1.9 billion over the 2008-12 period, assuming
appropriation of the necessary amounts.
Intergovernmental and private-sector impact: S. 1642
contains an intergovernmental mandate as defined in UMRA
because it would preempt certain State contract laws as they
apply to Perkins educational loans. Some States allow loan
repayment agreements and other contracts to be broken if the
borrower was a minor when the contract was signed. This defense
has been used by some borrowers of education loans. If this
bill is enacted, those State laws would no longer apply to
contracts for Perkins loans. CBO estimates that the costs, if
any, to State governments to comply with that preemption would
be minimal and would not exceed the annual threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation). The provision would benefit public and private
colleges and universities that are trying to collect repayments
on loans that would otherwise be disputed under State law.
In general, State, local, and tribal governments would
benefit from the continuation and expansion of existing
programs and the creation of new programs that provide Federal
assistance for higher education programs. The bill contains no
private-sector mandates, as defined in UMRA.
Comparison with S. 1642 as passed by the Senate: S. 1642 as
passed by the Senate on July 24, 2007, includes several
amendments made to the version of bill as reported on July 10,
2007. The amendments would make changes to programs under title
I and title IV and add new programs under title VIII and title
IX. Assuming appropriation of the estimated amounts, CBO
estimates that S. 1642 as passed by the Senate would increased
discretionary outlays by an additional $16 million in 2008 and
by $1.3 billion over the 2008-12 period, as shown in Table 2.
The amendments in the version passed by the Senate would have a
negligible effect on direct spending and would not affect
revenues.
TABLE 2.--CHANGES IN SPENDING UNDER S. 1642 AS PASSED BY THE SENATE
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2008 2009 2010 2011 2012 2008-2012
----------------------------------------------------------------------------------------------------------------
CHANCES IN SPENDING SUBJECT TO APPROPRIATION \1\
Title I:
Authorization Level............................ * * 0 0 0 1
Estimated Outlays.............................. * * 0 0 0 1
Title IV:
Authorization Level............................ 57 59 63 68 74 321
Estimated Outlays.............................. 3 42 54 62 66 227
Title VIII:
Authorization Level............................ 234 238 247 262 282 1,262
Estimated Outlays.............................. 12 171 216 245 258 901
Title IX:
Authorization Level............................ 35 36 39 42 46 197
Estimated Outlays.............................. 2 26 33 38 41 139
Total:
Authorization Level........................ 326 333 348 371 402 1,781
Estimated Outlays.......................... 16 238 303 345 365 1,268
----------------------------------------------------------------------------------------------------------------
\1\ Changes are relative to S. 1642 as ordered reported on July 10, 2007.
Note.-- * = between -$500,000 and $500,000; components may not sum to totals because of rounding.
Estimate prepared by: Federal Costs: Discretionary Costs--
Jessica Sherry, Mandatory Costs--Justin Humphrey, Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Nabeel Alsalam.
Estimate approved by: Keith Fontenot, Deputy Assistant
Director for Health and Human Resources, Budget Analysis
Division.
VI. Application of the Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1, the Congressional
Accountability Act (CAA), requires a description of the
application of this bill to the legislative branch. S. 1614
does not amend any act that applies to the legislative branch.
VII. Regulatory Impact Statement
The committee has determined that the bill may result in
some additional paperwork, time, and costs to the Department of
Education, which would be entrusted with implementation and
enforcement of the act. It is difficult to estimate the volume
of additional paperwork necessity by the bill, but the
committee does not believe it will be significant. Pursuant to
the requirements of paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee has determined that
the bill will not have a significant regulatory impact.
VIII. Section-by-Section Analysis
Title I--General Provisions
Section 101. Additional definitions
Section 101 defines or redefines a series of terms. The
term ``authorizing Committees'' means the Committee on Health,
Education, Labor, and Pensions of the Senate and the Education
and Labor Committee of the House of Representatives. References
to the ``Chairman'' or ``Chairmen'' now read ``Chairpersons of
the authorizing committees.''
The term ``critical foreign language'' is defined as each
of the languages contained in the list of critical languages
compiled by the Secretary in the August 2, 1985 Federal
Register, except that with respect to a specific title, the
Secretary may set priorities according to the purpose of such
title and the national security, economic competitive, and
educational needs of the United States.
The term ``distance education'' is defined as a course or
program that uses one or more kinds of technology to deliver
instruction to students that are separated from the instructor,
or to support interaction between the students and the
instructor. Appropriate kinds of technology include the
internet, one-way and two-way transmissions through open
broadcasts, closed circuit, cable, broadband, fiber optics, or
wireless communication devices, as well as video cassettes,
DVDs, and CD-ROMs, as long as the video cassettes, DVDs, and
CD-ROMS are used in conjunction with one of the previously-
mentioned technologies.
Section 102. General definition of institution of higher education
Section 102 expands the definition of an institution of
higher education to include institutions that award degrees
that are acceptable for admission to graduate or professional
degree programs, subject to the review and approval of the
Secretary of Education. It also expands the definition of an
institution of higher education to include a public or
nonprofit private educational institution that admits as
regular students those who are dually or concurrently enrolled
in the institution and a secondary school.
Section 103. Definition of institution of higher education for purposes
of title IV programs
Section 103 expands the definitions of ``proprietary
institution'' and ``postsecondary vocational institutions'' to
allow them to enroll persons who are dually or concurrently
enrolled in the institution and a secondary school. This
section also states that a graduate medical school located
outside the United States that is considered an institution of
higher education for purposes of title IV because it has or had
a clinical training program that was approved by a State as of
January 1, 1992, must have continuously operated such a program
in at least one state that is approved by such state.
Section 104. Protection of student speech and association rights
Section 104 includes a Sense of Congress with regards to
the following: diversity of institutions is a key strength of
higher education; individual colleges and universities have
different missions and each should design its academic program
in accordance with its educational goals; colleges should
facilitate 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.
This section clarifies that this new language should not be
construed to modify or infringe upon any constitutionally
protected religious liberty, freedom, expression, or
association; nor should it be construed to discourage the
imposition of an official sanction on a student that has
willfully disrupted a lecture, class, speech, presentation, or
performance scheduled or made under the auspices of the
institution, provided that the imposition of the sanction is
objective and fair.
Section 105. Accreditation and institutional quality and integrity
advisory committee
Section 105 replaces the National Advisory Committee on
Institutional Quality and Integrity with an Accreditation and
Institutional Quality and Integrity Advisory Committee in the
Department of Education to assess the process of accreditation
and the institutional eligibility and certification of
institutions of higher education under title IV. The committee
shall advise the Secretary regarding the establishment and
enforcement of the standards of accrediting agencies,
recognition of a specific accrediting agency, the eligibility
and certification process for institutions of higher education
under title IV, recommendations to improve the process, and
various other issues. The 15 members of the committee shall
represent all sectors and types of institutions, and shall be
appointed on the basis of the individuals' experience,
technical qualifications, professional standing, integrity and
impartiality. Five of the members shall be selected by the
Secretary of Education; five shall be selected by the Speaker
of the House of Representatives, upon recommendation by the
majority and minority leaders of the House; and five shall be
selected by the president pro tempore of the Senate, upon the
recommendation of the majority and minority leaders of the
Senate. The committee shall meet at least twice per year.
Section 106. Drug and alcohol abuse prevention
Section 106 establishes that in addition to current
requirements that institutions of higher education must meet in
order to be eligible for Federal funds or participation in
title IV programs such institutions must also, as part of their
biennial review of their program, determine the number of drug
and alcohol-related incidents and fatalities that occur on the
institution's property and are reported to the institution, and
determine the number and type of sanctions that are imposed on
students and employees as a result of drug- and alcohol-related
incidents and fatalities that occur on the institution's
property or as a part of any of the institution's activities.
Section 107. Prior rights and obligations
Section 107 extends the authorization of appropriations
under Section 121 of the Higher Education Act of 1965 for
fiscal year 2008 and succeeding fiscal years.
Section 108. Transparency in college tuition for consumers
Section 108 expands the information that the Secretary will
make available to the public on an annual basis regarding
college costs and academic programs. This section directs that
the Bureau of Labor Statistics, in consultation with the
Commissioner of Education Statistics and representatives of
institutions of higher education, develop higher education
price indices that accurately reflect annual changes in
tuition/fees for undergraduate students attending various types
of institutions. Indices shall be created for each type of
institution described below, as well as for institutions as a
whole.
The categories to be used for the indices are: all
institutions of higher education; 4-year public degree-granting
institutions; 2-year public degree-granting institutions; 4-
year private degree-granting institutions; 2-year private
degree-granting institutions; and less than 2-year
institutions.
The Secretary shall annually report in both national lists
and in separate lists for each State, a ranking of institutions
of higher education according to the institutions' change in
tuition and fees over the preceding 2 years, broken down by
type of institution. The following categories of institutions
are to be used for the report: 4-year public; 4-year private,
non-profit; 4-year private, for-profit; 2-year public; 2-year
private, nonprofit; 2-year private, for-profit; less than 2-
year public; less than 2-year private, nonprofit; and less than
2-year private, for-profit. The Secretary shall compile
separate lists for each category of institution: one based on
the percentage change in tuition and fees over the preceding 2
years, and one based on the dollar change in tuition and fees
over the preceding 2 years.
The Secretary shall also create, on an annual basis, Higher
Education Price Increase Watch Lists, which shall include a
ranking of each institution of higher education whose tuition
and fees outpace the applicable price index for the type of
institution as developed under this section. The Secretary
shall compile such lists on a national basis and for each
State. The lists will be compiled into a public document that
will be widely disseminated in paper form and through the
Department's website.
The Secretary shall also produce higher education
appropriations charts for each State, which will show a
comparison of the percentage change in State appropriations per
enrolled student in a public institution of higher education,
as compared to the percentage change in tuition and fees for
each public institution of higher education in the State for
each of the previous 5 years. The Secretary shall also report
on the total amount of need- and merit-based aid provided by
the State to students enrolled in public institutions of higher
education in the state.
The Secretary shall work with institutions to develop
several model net price calculators to help students, families
and consumers determine the net price of an institution of
higher education, which institutions shall use, or create their
own. Universities that receive Federal funding shall include in
their application materials the most recent information about
net price of the institution calculated for each quartile of
students, based on the income of the student's parents or, in
the case of independent students, on the income of the
students.
The Secretary shall contract with an independent
organization with demonstrated experience in creating consumer-
friendly websites to improve the Department of Education's
College Opportunities On-Line website.
The Secretary shall develop a model document, to be known
as the ``University and College Accountability Network''
(UCAN), to annually report basic information about each
institution that chooses to participate, to be posted on the
college information website and made available to institutions
of higher education, students, families, and other consumers.
The document shall include the following information about the
institution in a consumer-friendly manner: specified
demographic and enrollment information on students enrolled at
the institution; specified information on the degrees awarded
by the institution; specified information about the faculty of
the institution; specified information about the cost of
attending the institution, the financial aid received by and
available to the students at the institution; and other
specified information that would be helpful to prospective
students and students at the institution.
Section 109. Databases of student information prohibited
Section 109 clarifies that nothing in the Act authorizes
the development, implementation, or maintenance of a Federal
database of personally identifiable information on individuals
receiving assistance under this act or attending institutions
receiving assistance under this act, such as a student unit
record system, an education bar code system, or any other
system that tracks individual students over time.
This does not prohibit States or consortiums of States from
developing, implementing or maintaining State-developed
databases that track individuals over time, including student
unit record data systems.
Section 110. Clear and easy-to-find information on student financial
aid
This section ensures that the Department of Education
homepage contains a prominently displayed link to current
student financial aid information. It requires the Secretary to
improve the usefulness and accessibility of college financial
planning and student financial aid information available on the
website, and to conduct a major media campaign to publicize the
availability of this information.
Section 111. Performance-based organization for the delivery of federal
student financial assistance
Section 111 establishes that the functions of the
Performance-Based Organization (PBO) in the Department of
Education are now referred to as ``administrative and
oversight'' functions, and not ``operational.'' The Secretary
will assist the Chief Operating Officer in identifying goals
for administration of the systems used to administer the
student aid programs and for updating such systems to current
technology.
The PBO will be responsible for the administration of
Federal student financial assistance programs, including the
collection, processing and transmission of data to students,
institutions, lenders, State agencies, and other authorized
parties, and the design and technical specifications for
software development and procurement for systems supporting the
students financial assistance programs of title IV. The PBO
will also be responsible for ensuring the integrity of the
student assistance programs authorized under title IV.
The PBO will be responsible for developing an annual budget
for its activities and functions. The Chief Operating Officer
will now consult with students, in addition to other
stakeholders including but not limited to borrowers,
institutions, lenders, guaranty agencies, and secondary
markets. The Chief Operating Officer is no longer limited to
appointing 25 technical and professional employees to
administer the functions of the PBO.
Finally, the Chief Operating Officer will provide an annual
briefing to the members of the authorizing committees on the
steps the PBO has taken and is taking to ensure that lenders
are providing required information on capitalization of
interest with respect to student loans that are in forbearance
and unsubsidized Stafford loans that are in deferment and on
the benefits a Perkins borrower loses when a Perkins loan is
included in a consolidation loan.
Section 112. Procurement flexibility
Section 112 directs that the PBO, through the Chief
Operating Officer, utilize procurement systems that streamline
operations, improve internal controls, and enhance management.
The PBO shall also assess the efficiency of such systems and
the systems' ability to meet PBO requirements.
This section also renames contracts awarded on a ``sole-
source basis'' as contracts awarded on a ``single-source
basis.'' Such contracts are defined as those awarded to a
source after soliciting an offer or offers from, and
negotiating with, only that single 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.
Section 113. Institution and lender reporting and disclosure
requirements
Section 113 adds a new part on institution and lender
reporting and disclosure requirements relating to educational
loans to Title I of the Higher Education Act of 1965.
This section defines ``covered institution'' as any
educational institution that offers a postsecondary educational
degree, certificate, or program of study, and receives any
Federal funding or assistance; the term shall include any
employee or agent of such an institution, or any affiliated
organization or entity. The term ``educational loan'' is
defined to include loans made, insured, or guaranteed under
Title IV of the Higher Education Act of 1965. An ``educational
loan arrangement'' shall include an arrangement or agreement
between a lender and a covered institution under which a lender
provides or issues educational loans to the institution's
students, and which relates to the institution recommending,
promoting, endorsing, or using educational loans of the lender,
and involves the payment of any fee or provision of other
material benefit by the lender to the institution or its
students. The term ``lender'' includes any lender of a loan
made, insured, or guaranteed under part B of title IV that is a
financial institution under section 509 of the Gramm-Leach-
Bliley Act; the Secretary, in the case of a Direct Loan; and
any individual, group, or entity acting on behalf of a lender
in connection with an educational loan. The term ``officer''
includes a director or trustee of an institution.
This section requires that a covered institution that
enters into an educational loan arrangement disclose the name
of the lender in all documentation related to loans provided
under such arrangement.
This section also requires that a lender must provide a
student with a specific set of disclosures, in writing, before
the lender may provide a student with an educational loan. Such
disclosures shall include clear statements of the interest
rates of the educational loan being offered; sample educational
loan costs, disaggregated by type, and for each type of loan
being offered, the types of repayment plans that are available;
and further information about terms and conditions of each
loan, lender practices in cases of default, and possible
benefits of each loan and the percentage of borrowers who
received such benefits in the preceding academic year, among
other information, as well as any additional information the
Secretary may require in regulations.
Lenders are also required to report to the Secretary on an
annual basis any reasonable expenses paid to specified
employees of an institution under Sections 435 or 487 of the
Higher Education Act of 1965, as amended by this Act (such as
expenses paid for advisory board participation or professional
development sponsored by lenders), including the amount of each
instance in which the lender provided such reimbursement, the
name of the recipient, the activity for which the reimbursement
was made, and the dates of such activity. The Secretary shall
annually report such information to Congress.
Finally, this section requires the Secretary to prepare a
report on the adequacy of the information provided to students
and their parents about educational loans. In preparing such
report, the Secretary shall consult with students,
representatives of covered institutions, lenders, loan
servicers, and guaranty agencies. Such report shall include a
consumer-friendly model format to be used by lenders and
covered institutions that provides information on the
applicable interest rates and other terms and conditions of the
educational loans provided by a lender to students attending
the institution or their parents, disaggregated by each type of
educational loans provided to such students or parents by the
lender. Lenders shall be required to provide annually the
information included in such model report to the Secretary and
the covered institution for each type of educational loan
provided by the lender. Institutions shall submit to the
Secretary an annual report that includes, for each lender that
has an educational loan arrangement with the covered
institution and that has submitted to the institution the
information required under subsection, the information included
on the model format for each type of educational loan provided
by the lender, and a detailed explanation of why the covered
institution believes the terms and conditions of each type of
educational loan provided pursuant to the agreement are
beneficial for students attending the covered institution, or
the parents of such students. The institution shall ensure such
report is made available to the public and provided to students
attending or planning to attend the covered institution, and
the parents of such students, in time for the student or parent
to take such information into account before applying for or
selecting a loan. The Secretary shall encourage lenders and
covered institutions to use the model format in preparing these
reports.
Title II--Teacher Quality Enhancement
Part A--Teacher quality partnership grants
The purpose of title II is to improve student achievement
and the quality of the Nation's teaching force by holding
higher education institutions accountable for preparing
teachers and promoting strategies to recruit and prepare
qualified individuals.
Section 201. Teacher quality partnership grants
Section 201 limits the teacher quality grants in Part A of
Title II of the Higher Education Act of 1965 to teacher quality
partnership grants, eliminating state grants, and changes the
terms of the grants as follows.
This section defines the term ``induction program'' as a
formalized program for new teachers during at least the
teachers' first 2 years of teaching that is designed to provide
support for, improve the professional performance of, and
increase retention of beginning teachers. Such programs shall
promote effective teaching skills and shall include high-
quality teacher mentoring, periodic and structured time for
collaboration with teachers in the same department or field,
the application of empirically based practice and
scientifically valid research on instructional practices,
development of skills in instructional and behavioral
interventions derived from empirically based practice and,
where applicable, scientifically valid research, assistance
with the understanding of data, particularly student
achievement data and the data's applicability in classroom
instruction, and regular evaluations of the new teacher.
The term ``teaching residency program'' means a school-
based teacher preparation program in which a prospective
teacher teaches alongside a mentor teacher for 1 academic year;
receives concurrent instruction from the partner institution;
acquires effective teaching skills; and earns a master's
degree, attains full State teacher certification or licensure,
and becomes highly qualified.
This section defines ``principles of scientific research''
as research that applies rigorous, systematic and objective
methodology to obtain reliable and valid knowledge relevant to
education activities and programs; presents findings supported
by the methods used; and includes other methods or elements as
appropriate for the research being conducted. This section also
defines ``scientifically valid research'' as applied, basic and
field-initiated research in which the rationale, design and
interpretation are soundly developed in accordance with
accepted principles of scientific research.
Section 202. Partnership grants
Section 202 authorizes the Secretary to award competitive
grants to eligible partnerships. Each application must contain
a needs assessment of all the partners and a description of the
extent to which the teacher preparation program prepares new
teachers, including how to understand and use research and data
in the classroom, and how the partnership would coordinate with
other programs. Applications must also include a resource
assessment of the resources available to the eligible
partnership and an evaluation plan. In addition, applications
must describe how the partnership would: align the teacher
preparation program with academic achievement, early learning,
and content standards; connect faculty at partner institutions
with teachers and their classrooms in the high-need local
educational agency included in the partnership to provide
professional development opportunities; design, implement or
enhance a yearlong rigorous and enriching pre-service clinical
program; and collect, analyze, and disseminate data on teacher
retention.
Eligible partnerships that receive grants under this part
shall use grant funds to carry out a program for the pre-
baccalaureate preparation of teachers, a teaching residency
program, or both.
Programs for the pre-baccalaureate preparation of teachers
shall be held accountable for promoting strong teaching skills,
as well as preparing current or prospective teachers to be
highly qualified, to understand evidence-based research on
teaching and learning and its applicability to the classroom,
and to use technology effectively. Required reforms shall
include changing teacher preparation curriculum to improve,
evaluate and assess how new and prospective teachers develop
teaching skills; using evidence-based knowledge about teaching
and learning to improve the preparation of teachers; ensuring
new teachers receive training in both teaching and content
areas; and developing and implementing an induction program,
among other requirements. Such programs shall also include
clinical experience and interaction, through the development
and improvement of sustained and high-quality preservice
clinical education programs, to further develop the teaching
skills of all prospective educators. Such programs shall also
create induction programs for new teachers. Such programs must
also provide support and training for participating
individuals, such as release time, course workload credit, and
a stipend for mentors, which may include bonus, differential or
merit or performance-based pay.
Teaching residency programs shall be based on models of
successful teaching residencies, and shall include: the
integration of pedagogy, classroom practice, and teacher
mentoring; engagement of participants in rigorous coursework to
obtain a master's degree while undertaking a guided teaching
apprenticeship; experience and learning opportunities alongside
an experienced mentor teacher, including the establishment of
clear criteria for the selection of mentor teachers based on
measures of teacher effectiveness and subject area knowledge;
grouping of teacher candidates in cohorts to facilitate
professional collaboration among residents; development of
admissions goals and priorities aligned with the hiring
objectives of the local education agency; support for
residents, once they are teachers, through an induction
program; and continued provision of professional development
and networking opportunities to support residents through at
least their first 2 years of teaching. Teaching residency
programs shall provide 1-year living stipend or salary to
teaching residents during the 1-year residency. As a condition
of receiving such a stipend, a teacher resident shall agree to
teach in a high-need school served by the high-need local
educational agency involved in the partnership for 3 or more
years after completing the residency.
Section 203. Administrative provisions
Section 203 provides that grants available under this
section shall be for 5-year periods, and that a partnership is
eligible to receive only one grant during a 5-year period.
However, individual members within a partnership are eligible
to receive another grant during this period by participating in
other partnerships with different members.
Applications shall be submitted to a peer review panel for
evaluation, and the Secretary shall select grant recipients on
the basis of the peer review process. Priority shall be given
to applications from broad-based partnerships that include
business and community organizations and to partnerships that
will ensure an equitable distribution of grants among urban and
rural areas. Each partnership receiving a grant under this
section is required to provide an amount equal to 100 percent
of the amount of the grant in cash or in kind from non-Federal
sources. The Secretary may waive the matching requirement for
any partnership for any year if it would impose a serious
hardship.
Section 204. Accountability and evaluation
Section 204 requires that partnership evaluation plans
include objectives and measures for increasing student
achievement, teacher retention, improvements in pass rates on
State certification and licensure, and the percentage of highly
qualified teachers hired by the high-need local educational
agencies, including the percentage of highly qualified teachers
working within the various targeted demographics.
Section 205. Accountability for programs that prepare teachers
Section 205 requires that all institutions of higher
education that conduct a traditional teacher preparation
program or alternative route to State certification and
licensure, and that enroll students receiving Federal
assistance under this Act, shall report the progress made
towards specific measures for both their traditional teacher
preparation programs and alternative routes.
States must annually submit a report card on the quality of
teacher preparation to the Secretary of Education. The
Secretary may not create a national list or ranking of States
or schools based on these reports. The Secretary must provide
Congress with a report card, which must be widely published, on
teacher qualifications and preparation in the United States.
The Secretary must also submit a report to Congress that
contains a comparison of States' and eligible partnerships'
efforts to improve the quality of the teaching force.
Section 206. State functions
Section 206 requires that States receiving funds under this
section must have in place a procedure to identify and assist
low-performing teacher preparation programs. If a State
terminates financial support for a teacher preparation program
due to low performance, the program must provide transitional
support for students enrolled at the institution at the time of
the termination.
Section 207. General provisions
Section 207 requires the Secretary to ensure that States
and institutions of higher education use fair and equitable
methods in reporting and that the reporting methods do not
allow for identification of individuals.
Section 208. Authorization of appropriations
Section 208 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Title III--Institutional Aid
Section 301. Program purpose
Section 301 states that special consideration for awarding
grants under this section shall be given to grant applications
that include support services for the education of special
populations. Allowable uses of grant funds are expanded to
include using grant aid for education or counseling services
designed to improve the financial literacy of students or their
parents.
Section 302. Definitions; eligibility
Section 302 makes a technical change to existing law.
Section 303. American Indian tribally controlled colleges and
universities
Section 303 amends the definition of a ``Tribal College or
University'' to include institutions identified in the Tribally
Controlled College or University Assistance Act of 1978, the
Navajo Community College Assistance Act of 1978, or cited in
Section 532 of the Equity in Educational Land Grant Status Act
of 1994.
Allowable uses of grant funds are also expanded.
Institutions may now use grant aid to acquire real property
adjacent to the institution, for education or counseling
services designed to improve financial literacy of students or
their parents, or to develop or improve distance learning or
internet facilities and capabilities.
The Secretary of Education may reserve 30 percent of a
fiscal year's appropriated funds to award at least $1 million
for maintenance and renovation at eligible institutions.
Preference is given to a tribally controlled college or
university that has never received an award under section 316.
The Secretary of Education would use the remaining
appropriated funds to award grants on a formula basis, with no
such grant in an amount less than $500,000. Sixty percent of
these funds would be awarded proportionally, based on the
number of Indian students enrolled at these colleges and
universities. The remaining 40 percent would be distributed
equally among all eligible schools.
Colleges or universities that are eligible for and receive
funds under section 316 would not be eligible to receive any
additional funding, concurrently, under part A or B of title
III. Eligible institutions would not be subject to the wait-out
period with respect to new funding under section 316.
Section 304. Alaska native and native Hawaiian-serving institutions
Section 304 states that institutions may use grant aid for
education or counseling services designed to improve financial
literacy of students or their parents.
Section 305. Native American-serving, nontribal institutions
Section 305 authorizes a new grant program specifically for
Native American-serving, nontribal colleges or universities.
The Secretary of Education must provide grants of at least
$200,000 for schools to improve their capacity to serve Native
Americans. Grants may be used to fund the following types of
activities: purchasing scientific or laboratory equipment,
books, and other educational material; renovating classrooms,
libraries, or other instructional facilities; and supporting
faculty and curriculum development, tutoring and other student
support services.
In order to be eligible for a grant, the institution may
not be a tribal college or university and at least 10 percent
of the undergraduate enrollment must be composed of Native
American students. Additionally, institutions that are eligible
for or receive funds under section 318 would not be eligible to
receive any additional funding, concurrently, under part A or
part B of title III. This section waives the requirement in
section 313(d), allowing eligible institutions to apply for new
funding once the grant expires.
Section 306. Part B definitions
Section 306 adds the Commissioner for Education Statistics
to the entities determining the ``professional and academic
areas in which Blacks are underrepresented.''
Section 307. Grants to institutions
Section 307 expands the allowable uses of funds under this
section, stating that institutions may be able to use grant aid
for education or counseling services designed to improve
financial literacy of students or their parents.
Section 308. Allotments to institutions
Section 308 establishes that in order to receive an
allotment of funds, eligible historically black colleges and
universities must provide institutional data on the number of
enrolled Pell grant recipients and graduates from the past
academic year as well as the number of graduates in the past 5
years who enrolled in a graduate or professional school.
Section 309. Professional or graduate institutions
Section 309 establishes that institutions may use grant aid
for education or counseling services designed to improve
financial literacy of students or their parents or for various
academic student support services. Funds may also be used to
acquire and develop property adjacent to colleges and
universities.
The following seven universities are added to the list of
qualified graduate programs: Alabama State University, Coppin
State University, Prairie View A&M University, Fayetteville
State University, Delaware State University, Langston
University, and West Virginia State University.
The following two programs of instruction are added to the
list of qualified graduate programs of instruction: law and
psychometrics.
In determining awards, the Secretary shall consider the
amount of non-Federal funds that come from the institution's
own resources as well as private donors, State allocations and
the amount of institutional funds designated for Federal
matching dollars. In addition, the Secretary would determine
funding based on the percentage that the number of the
institution's Black American and minority students who receive
their first graduate or professional degree represents of the
total number of Black American and minority students in the
United States who earn their first graduate or professional
degree.
Section 310. Authority of the Secretary
Section 310 requires the Secretary to submit to the
authorizing committees within 1 year a report on the progress
of the Department in implementing the Government Accountability
Office's recommendations for improving the Historically Black
College and Universities Capital Financing Program.
Section 311. Authorization of appropriations
Section 311 authorizes such sums as may be necessary for
all programs under Title III of the Higher Education Act of
1965 for fiscal year 2008 and the 5 succeeding fiscal years.
Section 312. Technical corrections
Section 312 makes technical and conforming changes
throughout title III.
Title IV--Student Assistance
Part A--Grants to Students in Attendance at Institutions of Higher
Education
The purpose of part A is to increase participation of
eligible students in higher education with grants for student
financial assistance, State assistance and programs, special
programs and projects, and institutions of higher education.
Section 401. Federal Pell grants
Section 401 raises the authorized level for a maximum
Federal Pell grant for eligible students to $5,400 for academic
year 2008-09; $5,700 for academic year 2009-10; $6,000 for
academic year 2010-11; and $6,300 for academic year 2011-12.
This section revises the minimum grant award from $400 to 10
percent of the maximum authorized award for an award year.
Students eligible for an award less than 10 percent of the
maximum award but more than 5 percent of the maximum award
would receive an award equal to 10 percent of the maximum
award.
The Secretary of Education shall allow eligible students
seeking to enroll in additional academic sessions (e.g., year-
round coursework or summer semester in addition to fall and
winter semesters) to receive up to two Pell grants in a single
award year. Students would need to be enrolled at least on a
half-time basis in a 2- or 4-year program of instruction and
for more than 1 academic year in order to be eligible to
receive a second Pell grant. The total monetary amount of the
two awards combined may exceed the maximum grant level
specified in the Appropriations Act for that given award year.
The period of time during which a student may receive Pell
grants may not exceed 18 semesters or an equivalent period of
time as determined by the Secretary.
Section 402. Academic competitiveness grants
Section 402 makes a series of changes to the eligibility
requirements for Academic Competitiveness Grants (ACG) and
National Science and Mathematics Access to Retain Talent
(SMART) grants. It expands eligibility for such grants to
students who are in school on at least a half-time basis. It
clarifies that eligible students enrolled in certificate
programs of at least one year at 2- and 4-year degree granting
institutions are eligible for ACGs. It also expands eligibility
for National Science and Mathematics Access to Retain Talent
(SMART) grants to third and fourth year students who are
enrolled at institutions that do not offer degrees in the
subjects required to be eligible for a SMART grant (physical,
life, or computer sciences, math, technology, engineering, or
critical foreign language), but who have taken the required
number of classes to gain such a degree at an institution that
does grant degrees in eligible subject areas; and to fifth year
students in programs that require 5 years to complete
undergraduate degrees in the physical, life, or computer
sciences, mathematics, technology, or engineering. It
eliminates the citizenship requirement for grants under this
section, thus enabling Pell-eligible non-citizens to receive
ACG and SMART grants. Finally, it makes a series of changes to
the process by which such grants are awarded.
Section 403. Federal TRIO programs
Section 403 establishes that awarded grants or contracts
may be provided for a 5-year period, but grants identified
specifically for staff training and development may only be for
a 2-year period. The duration of a grant for evaluation and
assessment of a program is to be determined by the Secretary of
Education. All awards for an individual grant would be at least
$200,000, except for staff training and development programs.
For these particular programs awards would be at least
$170,000.
The Secretary must establish outcome criteria for measuring
the quality and effectiveness of the Talent Search, Upward
Bound, Student Support Services, Postbaccalaureate Achievement,
and Educational Opportunity Centers programs. The Secretary is
required to measure the program's delivery of services and
secondary school enrollment and completion, postsecondary
enrollment, academic performance, and completion outcomes for
students served by the grant programs. Outcome criteria must be
disaggregated by low-income, first generation, and individuals
with disabilities within each school or institution served by
the grant program. Programs would be assessed on how they meet
or exceed their various objectives, measured against an
eligible entity's stated target outcomes established in their
program application.
Talent Search
Talent Search programs must provide the following
activities: academic tutoring; assistance in selecting
secondary courses and applying for college; information on and
assistance in completing financial aid forms; guidance to high
school drop outs; and services designed to improve student or
parent financial and economic literacy. The section also
expands the permissible services component to include programs
for students with disabilities and those who are homeless or in
foster care.
Upward Bound
The amendments alter and strengthen the required services
component for Upward Bound programs. Upward Bound programs must
provide the following activities: academic tutoring; assistance
in selecting secondary courses and applying for college;
information on and assistance in completing financial aid
forms; guidance to high school drop outs; and services designed
to improve student or parent financial and economic literacy.
In addition to those with limited English proficiency, the
permissible services component is expanded to include programs
for students with disabilities and those who are homeless or in
foster care. Priority is given to Upward Bound projects that
select at least 30 percent of all first time participants from
students who have a high risk of academic failure. The language
also states that the Secretary may not deny participation in
Upward Bound to a student who enters the program for the first
time after the ninth grade.
Student Support Services
The purpose of Student Support Services is expanded to
include improving students' financial and economic literacy,
such as personal income and financial planning. In addition to
creating a supportive institutional climate for low-income and
first generation college students as well as individuals with
disabilities, this program may also support students with
limited English proficiency and those who are homeless or in
foster care.
Student Support Services programs must provide the
following activities: academic tutoring; assistance in
selecting postsecondary courses, transferring from a 2-year to
a 4-year program, or enrolling in graduate programs;
information on and assistance in completing financial aid
forms; and services designed to improve student or parent
financial and economic literacy. The permissible services may
include securing temporary housing during school breaks for
students who are homeless or in foster care.
Postbaccalaureate Achievement Program Authority
Activities under this program may include education or
counseling services, mentoring programs, and exposure to
cultural events and academic programs.
Educational Opportunity Centers
The purpose of Educational Opportunity Centers is expanded
to include improving student or parent financial and economic
literacy, such as personal income and financial planning. Funds
could be used for education or counseling designed to improve
students' financial and economic literacy as well as personal,
career, and academic counseling. In addition to those with
limited English proficiency, funds may be used to assist
students with disabilities and those who are homeless or in
foster care.
Reports, evaluations, and grants for project improvement
and dissemination
The title of section 402H would change from ``Evaluations
and Grants for Project Improvement and Dissemination
Partnership Projects'' to ``Reports, Evaluations, and Grants
for Project Improvement and Dissemination.'' The Secretary of
Education must submit a report annually, and not later than 2
years after the participating entities submit their report to
the Secretary, documenting the outcome data on the program's
delivery of services, participating students' secondary and
postsecondary school enrollment and completion, and academic
performance. Reported data will be aggregated by individual
project performance, include when appropriate descriptive,
longitudinal, and multi-cohort data, and comparable data on the
national population of low-income, first generation students
and students with disabilities. Reports will provide national
performance data with the primary purpose of identifying and
highlighting best practices for increasing college access and
persistence through implementation of the programs. This
section also specifies that the Secretary may not require an
eligible entity that applies for assistance under this chapter
to recruit students to serve as a control group in an
evaluation.
Section 404. Gaining early awareness and readiness for undergraduate
programs (GEAR UP)
Section 404 eliminates the current law priority for
eligible entities that had previously carried out programs
under chapter 2 prior to the Higher Education Amendments of
1998.
This section requires the Secretary of Education to
consider the geographic distribution of awards and the
distribution of awards between urban and rural applicants.
Section 404 also removes the current law limitation on the
amount of funds used specifically for early intervention. The
section shifts requirements that activities not displace other
employees and that grantees have adequate coordinating staff
into the list of information that must be provided as part of
the grantee's application. Entities must ensure that grants
awarded would be used to supplement and not supplant Federal,
State and other local funds used for similar activities and
programming.
The title of section 404C is changed from ``Eligible Entity
Plans'' to ``Applications.'' The contents of an application for
a grant must include: description of how the entity meets the
scholarship requirements; demonstration of adequate staffing
for coordinating activities; assurance that activities would
not displace employees or eliminate positions at schools;
description of how the entity defines the targeted cohort and
serves the cohort through grade 12; description of program
coordination with existing Federal, State, and local projects;
and required activities.
The title of section 404D is changed from ``Early
Intervention'' to ``Activities.'' Grantees are required to
carry out the following activities: provide information on
financial aid to the cohorts; encourage student enrollment in
challenging secondary coursework; support activities designed
to lead to students graduating from high school and enrolling
in institutions of higher education; and provide scholarships.
Grantees may also use funds for tutoring, mentors, outreach,
secondary and postsecondary support services, development or
implementation of rigorous secondary curricula, dual
enrollment, college visits, extended school day programs, or
scholarships. States would be given the option to promote
additional activities, such as technical assistance to middle
or secondary schools, professional development opportunities,
strategies to increase postsecondary enrollment and graduation
rates, alignment of secondary and postsecondary curricula and
standards, alternatives to the traditional secondary school
that provide a stronger link between high school and
postsecondary options, drop out recovery programs, and
dissemination of best practices.
States receiving grant funds under this chapter must use at
least 25 percent and no more than 50 percent of funds for early
intervention activities described in section 404D. Remaining
funds would be used for scholarships for eligible students.
Grantees could use more than 50 percent of their funds for
these activities if they have other means of providing
financial assistance.
Entities must notify students when they enter the programs
of the eligibility requirements to receive a scholarship. Each
grantee must create or organize a trust for each cohort of
students. The trust must provide each student in the cohort
with, at a minimum, an amount equal to the minimum Pell grant
award described in section 401. Funds in a trust would become
available to a student once he or she graduated from high
school or the equivalent and enrolled in a 2- or 4-year
institution. Students could use funds for qualifying
educational expenses, including tuition, fees, books, supplies,
equipment, and designated special needs.
Trust funds not used within 6 years of the student's
expected date of completion from secondary school could be
redistributed to other eligible students. Excess or unused
funds by an entity would be returned to the Secretary of
Education. The Secretary would then redistribute the funds to
other grantee entities.
Section 404F of the existing law, 21st Century Scholarship
Certificates, is repealed. Sections 404G and 404H are
redesignated as sections 404F and 404G.
Section 403 authorizes such sums as may be necessary for
fiscal year 2008 and 5 succeeding fiscal years.
Section 405. Academic achievement incentive scholarships
Section 405 repeals this program.
Section 406. Federal supplemental educational opportunity grants
Section 406 increases the allowance of books and supplies
used to compute the average cost of attendance from $450 to
$600.
Section 407. Leveraging educational assistance partnership program
Applications for Leveraging Educational Assistance
Partnership Programs. The monetary amount allocated by States
for an individual student grant increased from a maximum of
$5,000 per academic year to either a maximum of $12,500 per
academic year or the student's cost of attendance, whichever is
less. States must notify eligible students that aid is from
Leveraging Educational Assistance Partnership grants and funded
by the Federal Government, the States, and other contributing
partners.
The title for section 415E, ``Special Leveraging
Educational Assistance Partnership Program'' would be changed
to ``Grants for Access and Persistence.'' The purpose of this
section is expanded to increase college access and persistence
by making State allotments to: expand and enhance partnerships
with institutions of higher education and private organizations
in order to provide additional need-based grants to eligible
low-income students; provide early notification of eligibility
for financial aid; and encourage participation in early
information, intervention, and other outreach programs.
States desiring an allotment must submit an application to
the Secretary of Education. The application must describe the
State's plan for using the funds and the organizational
structure to administer the various activities and assure that
the State provides the non-Federal share and that early
information, intervention, and other outreach programs exist.
An application must also explain the State's methods for
identifying and awarding grants to eligible students. State
agencies must apply for an allotment in partnership with the
following organizations or entities: at least one private and
one public college or university located in the State, if
applicable; early information, intervention, and other outreach
State programs; and at least one State philanthropic
organization or private corporation.
The Secretary makes an allotment to States to pay the
Federal share of the cost of carrying out the various
authorized activities. The amount of the Federal share is
determined by the percentage of full-time students enrolled in
the State's partnership colleges and universities in comparison
to the total number of students attending institutions of
higher education in the State. The Federal share is 50 percent
if enrollment in the State's partnership schools represents
less than a majority of all students attending colleges and
universities. The Federal share is 57 percent if enrollment in
the State's partnership schools represents a majority of all
students attending colleges and universities.
Each State receiving an allotment must use funds toward the
overall partnership to award grants for eligible low-income
students. If the State's partnership is with institutions
serving less than a majority of students in the State, the
monetary amount of an individual student grant would be at
least equal to the average undergraduate tuition and mandatory
fees at 4-year public institutions. If the State's partnership
is with institutions serving a majority of students in the
State, the monetary amount of an individual student grant would
be no more than equal to the average cost of attendance at 4-
year public institutions.
States must annually notify low-income students in grades 7
through 12 of their potential eligibility for financial
assistance. To be eligible to receive a grant, students must
meet at least two of the following criteria: have an expected
family contribution of zero; qualify for a free or reduced
lunch; qualify for the State's maximum undergraduate award; or
participate in early information, intervention, or other
outreach programs. Students would receive a grant for each year
of their undergraduate education, as long as they remained
financially eligible and meet the State's degree completion
time limits.
The State agency receiving an allotment must annually
report to the Secretary on the partnership's progress in
meeting identified goals and objectives. Within 3 years of the
enactment of the Higher Education Amendments of 2007 and
annually thereafter, the Secretary must submit a report to
Congress describing activities and the impact of the
partnerships.
Section 408. Special programs for students whose families are engaged
immigrant and seasonal farmwork
Section 408 expands the services provided by the college
assistance migrant program to include internships,
transportation, and child care. Program follow-up services with
students, after they complete their first year of college, may
include encouraging students to transfer from 2-year to 4-year
institutions of higher education. This section also expands
eligibility for the recruitment services authorized under this
program to children who have immediate family members who have
spent at least 75 days over the past 24 months in migrant and
seasonal farmwork; current law only covers children who
themselves or whose parents have spent such time in migrant and
seasonal farmwork.
This section also requires the Commissioner of Education
Statistics to annually collect data about persons receiving
services under this part, including rates of secondary school
graduation, entrance into postsecondary education, and
completion of postsecondary education. At least every 2 years,
the Commissioner shall prepare and submit a report containing
this data, which shall be made available to the public.
This program is reauthorized for such sums as may be
necessary in fiscal year 2008 and the 5 succeeding fiscal
years. The Secretary of Education shall allocate an amount no
greater than $180,000 for each project under the high school
equivalency program or the college assistance migrant program.
No more than .5 percent of funds made available for the
projects may be used for outreach activities, technical
assistance, and professional development programs.
Section 409. Robert C. Byrd honors scholarship program
Section 409 reauthorizes this program for such sums as may
be necessary in fiscal year 2008 and the 5 succeeding fiscal
years.
Section 410. Child care access means parents in school
Section 410 sets the minimum grant level at $10,000 and
$30,000 when the amount appropriated for activities under this
section is equal to or greater than $20 million.
The definition of a ``low-income student'' is expanded to
include a person who would be eligible to receive a Pell grant
except that the student is enrolled in a graduate or
professional course or is in the United States for a temporary
period of time.
Section 411. Learning anytime anywhere partnerships
Section 411 repeals this entire chapter, including sections
420D, 420E, 420F, 420G, 420H, 420I, and 420J.
Part B--Federal Family Education Loan Program
Section 421. Federal payments to reduce student interest costs
Section 421 describes the process by which a lender shall
determine a borrower's eligibility for deferment of student
loan interest. It adds to the requirements already in current
law that the lender must confirm a borrower's enrollment status
through the National Student Loan Data System, if such
confirmation is requested by the institution of higher
education.
This section also places restrictions on the actions a
guaranty agency may take under law. It prohibits guaranty
agencies from offering, directly or indirectly, premiums,
payments, stock or other securities, prizes, travel,
entertainment expenses, tuition repayment, or other inducements
to institutions of higher education or their employees to
secure applicants for loans or to any lender or lender's agent,
employee, or independent contractor, for the purpose of
securing the designation of the guaranty agency as the insurer
of loans. It also prohibits guaranty agencies from conducting
unsolicited mailings of educational loan application forms to
students or the parents of such students who have not
previously received loans guaranteed by the specific guaranty
agency; from performing for an institution or paying another to
perform for an institution any function that the institution is
required to perform under part B, D, or G of the Higher
Education Act of 1965; and from conducting fraudulent or
misleading advertising concerning loan availability, terms, or
conditions.
Section 422. Federal consolidation loans
Section 422 requires lenders of consolidation loans to make
a series of disclosures to borrowers who apply for
consolidation loans. Lenders shall provide borrowers with
information about the possible impact of consolidation,
including the total interest and fees to be paid on the
consolidation loan, and the length of repayment for the loan;
whether consolidation would result in a loss of loan benefits;
the ability of the borrower to prepay the consolidation loan,
pay such loan on a shorter schedule, and to change repayment
plans; that borrower benefit programs may vary among different
lenders; the consequences of default on the consolidation loan;
that by applying for a consolidation loan, the borrower is not
obligated to agree to take the consolidation loan; and in the
case of a borrower that plans to include a Federal Perkins Loan
in the consolidation loan, that once the borrower adds the
borrower's Federal Perkins Loan to a consolidation loan, the
borrower will lose all interest-free periods that would have
been available for such loan, and will no longer be eligible
for cancellation of part or all of a Federal Perkins loan under
section 465(a).
Section 423. Default reduction program
Section 423 requires guaranty agencies offering programs
that allow borrowers with defaulted loans to renew eligibility
on their loans after borrowers make six consecutive monthly
payments to make available financial and economic educational
materials before, during, or after rehabilitation of the loans.
Section 424. Reports to consumer reporting agencies and institutions of
higher education
Section 424 changes the term ``credit bureaus'' in the
section title to ``consumer reporting agencies.'' This section
also requires the Secretary of Education, guaranty agencies,
eligible lenders, and holders to include information about the
type of loan made, the repayment status of the loan, and any
other information mandated by Federal law when providing
information to consumer reporting agencies concerning student
borrowers. The information must be provided to all nationwide
consumer reporting agencies.
Section 425. Common forms and formats
Section 425 establishes that institutions may use master
promissory notes for loans under this part and part D, unless
otherwise noted.
Section 426. Student loan information by eligible lenders
Section 426 establishes that lenders, guaranty agencies,
secondary markets, consumer reporting agencies, or loan
servicers that are subject to Subtitle A of Title V of the
Gramm-Leach-Bliley Act shall only use, release, sell, transfer,
or give student information in accordance with the provisions
of that subtitle. Each eligible lender, holder, or servicer
must provide the borrower with information on loan benefit
repayment options, including comprehensive information on
reducing interest rates.
Section 427. Consumer education information
Section 427 requires guaranty agencies working with
institutions of higher education to develop or use existing
educational programs and materials to provide training for
students in budgeting and financial management.
Section 428. Definition of eligible lender
Section 428 places a number of restrictions on the
activities a lender may undertake to qualify as an eligible
lender. It prohibits eligible lenders from offering, 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
repayment, the provision of information technology equipment at
below-market value, additional financial aid funds, or other
inducements to any institution of higher education or its
employees in order to secure applicants for loans under this
part; from conducting unsolicited mailings of student loan
application forms to students or their parents, unless such
students have previously received loans from such lender; from
entering into any type of consulting arrangement, or other
contract to provide services to a lender, with an employee of
an institution with responsibilities with respect to student
loans or financial aid; from compensating such an employee who
is serving on an advisory board, commission, or group
established by a lender or group of lenders for providing such
service, except for reasonable expenses incurred in providing
such service; or from performing for an institution of higher
education or paying another to perform for an institution any
function that the institution of higher education is required
to carry out under part B, D, or G of the Higher Education Act
of 1965.
This section also sunsets the authority provided under the
Higher Education Act for a school to serve as an eligible
lender, and for an eligible lender to serve as a trustee for an
institution of higher education or an organization affiliated
with an institution of higher education, as of June 30, 2012.
Such an existing institutional lender shall not issue any new
loans in such capacity under part B after June 30, 2012. Prior
to June 30, 2012, such an institutional lender shall carry out
the institution's responsibilities with respect to such loans;
except that beginning on June 30, 2011, such an institutional
lender may sell or otherwise dispose of such loans so long as
all profits from such divestiture are directed to need-based
aid.
Section 429. Discharge and cancellation rights in cases of disability
Section 429 expands the group of disabled borrowers for
whom the Secretary will discharge their liability and repay
their loans, to include a borrower who is unable to engage in
substantial gainful activity due to a medically determinable
physical or mental impairment that can be expected to result in
death, has lasted for 5 years continuously, or can be expected
to last for at least 5 years continuously. This change shall
apply to borrowers of loans under part B, part D, and part E.
This section also allows the Secretary to develop safeguards to
prevent fraud and abuse in the discharge of liability under
this subsection.
Section 430. Special allowances
Section 430 authorizes the Secretary to collect a loan fee
on all consolidation loans of 1 percent of the principal.
Part C--Federal Work-Study Programs
The purpose of part C is to promote part-time employment of
undergraduate and graduate students who need earnings to pursue
their courses of study. Additionally, the goal of part C is to
encourage students receiving Federal financial aid to
participate in community service activities.
Section 441. Authorization of appropriations
Section 441 authorizes such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal years.
Section 442. Allowance for books and supplies
Section 442 establishes that an institution's eligibility
for funding under this part is equal to the sum of the self-
help need of all the school's undergraduate and graduate
students. The self-help of a student is calculated using a
variety of factors, including an allowance for books and
supplies. This allowance is increased from $450 to $600.
Section 443. Grants for federal work-study programs
Section 443 permits the Secretary to waive the community
service requirement under this part if an institution certifies
that at least 15 percent of its full-time student enrollment
participates in community service or tutoring or literacy
activities.
Section 444. Job location and development programs
Section 444 states that institutions may use no more than
10 percent, or $75,000, whichever is less, of their work-study
allotments to establish or expand programs that locate and
develop jobs including community service jobs for currently
enrolled students.
Section 445. Work colleges
Section 445 emphasizes the importance of service in work-
colleges. It amends the work-colleges section throughout to
change comprehensive work-learning programs to comprehensive
work-learning-service programs. Comprehensive work-learning-
service programs are defined as student work-learning-service
programs that, among other requirements, are an integral and
stated part of the institution's educational philosophy and
program; require participation of all resident students for
enrollment and graduation; include learning objectives,
evaluation, and a record of work performance as part of the
student's college record; and includes consequences for non-
performance or failure in the work-learning-service program
similar to the consequences for failure in the regular academic
program.
This section also adds to authorized activities under this
section the support of existing and new model student volunteer
community service projects associated with local institutions
of higher education. It also limits the definition of work-
colleges to 4-year, degree-granting institutions. Such schools
must require all resident students, including at least 1/2 of
resident students who are enrolled on a full-time basis, to
participate in a comprehensive work-learning-service program
for not less than 5 hours each week, or not less than 80 hours
during each period of enrollment except summer school.
Part D--Federal Perkins Loans
Section 451. Program authority
This section authorizes such sums as may be necessary for
fiscal year 2008 through 2012.
Section 451. Cancellation of loans for certain public service
Section 451 adds to the list of those service occupations
eligible for Perkins loan cancellation: (1) full-time staff
members in a pre-kindergarten or child care program that is
licensed or regulated by the State (in addition to Head Start),
(2) full-time faculty members at Tribal Colleges and
Universities, (3) librarians with a master's degree in library
science who are employed in an elementary or secondary school
that is eligible for assistance under title I of ESEA or in a
public school library that serves a geographic area that
contains one or more title I eligible schools, and (4) speech
language therapists with a master's degree working exclusively
with schools that are eligible for assistance under title I of
the Elementary and Secondary Education Assistance Act.
This section also expands Perkins loan forgiveness for
members of the Armed Forces from 50 percent to 100 percent,
consistent with others types of loan cancellation in the
section.
Part E--Need analysis
Section 461. Cost of attendance
Section 461 adds a provision to the list of costs that may
be included in calculating a student's room and board allowance
for the purpose of determining financial aid. For students who
live in housing located on a military base or for which a basic
allowance for housing is provided under section 403(b) of Title
37, United States Code, such student's room and board allowance
shall be calculated based on the expenses reasonably incurred
by such students for board, but not for room.
Section 462. Definitions
Section 462 amends the definition of untaxed income for the
purpose of determining the expected family contribution to
exclude the value of on-base military housing or the value of
basic allowance for housing determined under section 403(b) of
title 37, received by a student or his or her parents.
Part F--General provisions relating to student assistance
Section 471. Definitions
Section 471 makes a technical change to the definition of
an academic year, specifying that to be eligible for a waiver
of the 30-week requirement an institution may measure program
length in credit hours or clock hours.
Section 472. Compliance calendar
Section 472 directs the Secretary to provide institutions
of higher education a list of all reports and disclosures
required under this act at the beginning of each award year.
This information shall include the date each report is due, the
required recipients, the method of transmission, references to
the statutory authority, a description of the contents of the
report and any other information that the Secretary may
require.
Section 473. Forms and regulations
Section 473 establishes common financial aid forms and
processing that are developed in cooperation with
representatives of agencies and organizations involved in
student financial assistance. These forms shall be produced,
distributed and processed free of charge and made available to
applicants in both paper and electronic formats and referred to
as the ``Free Application for Federal Student Aid'' or
``FAFSA''. The Secretary shall also develop, field test, and
implement a simplified paper application form, to be known as
the ``EZ FAFSA'' to be used by families who have a zero
expected family contribution. The Secretary shall include on
the EZ FAFSA any data that is required by States, provided the
State permits its applicants to use the EZ FAFSA for State
assistance, and publish annually in the Federal Register a
request for States to inform the Secretary of questions they
need on the FAFSA to gather information relevant to State
programs. All information on the FAFSA shall be available to
institutions of higher education, guaranty agencies, and
States. The Secretary shall make all efforts to encourage all
applicants to use the simplified electronic application that
uses smart logic to tailor the questions to individual
applicants. The Secretary shall use any realized savings from
the phasing out of the paper form to improve access to the
electronic form and make an annual report on progress in
accessing and moving to the electronic form. The Secretary
shall permit an electronic form to be submitted without a
signature if a signature is subsequently submitted or if the
applicant uses a personal identification number (PIN) provided
by the Secretary. No later than 180 days after enactment of the
Higher Education Amendments of 2007, the Secretary shall
implement a real-time data match between the Social Security
Administration and the Department to minimize the time required
for an applicant to obtain a PIN. The Secretary shall also
develop a streamlined reapplication form and process, including
both paper and electronic versions for an applicant who applies
for financial assistance in succeeding academic years. In the
reapplication process, families determined to have a zero
family contribution shall not be required to provide any
financial data.
The Secretary shall permit an applicant to complete a FAFSA
form in the years prior to postsecondary enrollment to obtain
from the Secretary a non-binding estimate of the applicant's
expected family contribution.
This section also authorizes an early application and award
demonstration program, which shall serve to determine the
feasibility of implementing a comprehensive early financial aid
application and notification system for all dependent students
and to measure the benefits and costs of such a system. This
demonstration program shall enable dependent students who wish
to participate to complete an application under this subsection
during the academic year that is 2 years prior to the year such
students plan to enroll in an institution of higher education,
and based on this application, to obtain, at least 1 year prior
to the year of the students' planned enrollment, information on
eligibility for Federal Pell Grants, Federal student loans
under title IV, and State and institutional financial aid for
such students' first year of enrollment in an institution of
higher education. The Secretary of Education shall conduct a
rigorous evaluation of this demonstration program to measure
the program's benefits and adverse effects. Such an evaluation
shall include, among other factors, an identification of
whether receiving financial aid awards or estimates 1 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 educational aspirations of the student; the extent to
which using a student's income information from the year that
is 2 years prior to the student's planned enrollment date had
an impact on the ability of States and institutions to make
financial aid awards and commitments; determine what
operational changes or changes to Federal law that would be
necessary to implement the program on a larger, permanent
basis; and identify the benefits and adverse effects of
providing early awards or estimates on program costs, program
operations, program integrity, award amounts, distribution, and
delivery of aid.
This section requires the Comptroller General and the
Secretary of Education, in consultation with a study group made
up of the Secretary of the Treasury, the Director of the Office
of Management and Budget, the Director of the Congressional
Budget Office, and such other individuals as the Comptroller
General and Secretary of Education may designate, to design and
conduct a study to identify and evaluate the means of
simplifying the process of applying for Federal financial aid
under this title. The study shall focus on developing
alternative approaches for calculating the expected family
contribution that use substantially less income and asset data
than the methodology currently used for determining the
expected family contribution. The study must consider, among
other information: how the expected family contribution of a
student could be calculated using substantially less income and
asset information than the approach currently used, which
alternative approaches for calculating the expected family
contribution shall, to the extent practicable, rely mainly on
information available on the 1040, 1040A, and 1040EZ for
students and parents who file tax returns, and shall include
formulas for adjusting income or asset information to produce
similar results to the existing approach with less data; how
the Internal Revenue Service can provide income and other data
needed to compute an expected family contribution for taxpayers
and dependents of taxpayers to the Secretary; whether the data
provided by the Internal Revenue Service could be used to
prepopulate the electronic version of the FAFSA with student
and parent taxpayer data, or generate an expected family
contribution without additional action on the part of the
student and taxpayer; the extent to which States and
institutions would accept the data provided by the Internal
Revenue Service data to prepopulate an electronic FAFSA in
determining the distribution of State and institutional
financial aid funds; additional steps that could be taken to
simplify the financial aid process for students and parents who
are not required to file a tax return for the previous year;
and information on the State need for the full array of income,
asset, and other information currently collected on the FAFSA.
If the Secretary of Education, in a joint determination with
the Secretary of the Treasury, determines that the use of
Internal Revenue Service data to prepopulate the electronic
version of the FAFSA will not significantly negatively impact
students, institutions of higher education, States, or the
Federal Government on a series of specified criteria, the
Secretary may use such Internal Revenue Service data to
prepopulate the electronic version of the FAFSA. The Secretary
of Education and the Comptroller General shall prepare a report
on the results of this study not later than 18 months after the
enactment of this Act.
Section 474. Student eligibility
Section 474 specifies that in order to be eligible to
receive aid under this title, a student must be a citizen or
permanent resident enrolled in an eligible program, be making
satisfactory progress in that program, not owe a refund or be
in default of a previous loan and have filed a FAFSA for aid
determination. An institution may determine that a student who
has satisfactorily completed 6 credit hours (or the equivalent)
applicable to a degree or certificate has the ability to
benefit from the education or training offered by the
institution.
Section 474 also specifies that students enrolled in
programs that lead to a recognized certificate, or associate,
baccalaureate, or graduate degrees, that are offered
principally through distance education shall not be considered
to be enrolled in correspondence courses.
Section 474 also expands the eligibility requirements for
student financial assistance under title IV so students with
intellectual disabilities shall be eligible for such
assistance, even if they are enrolled in non-degree programs.
To qualify for grants or work assistance under subparts 1 and 3
of part A and part C of title IV, such student shall be an
individual with an intellectual disability whose significant
cognitive impairment substantially impacts the individual's
intellectual and cognitive functioning, who is eligible for
assistance under the Individuals with Disabilities Education
Act and has completed secondary school, among other
requirements. Such individuals must be enrolled or accepted for
enrollment in a comprehensive transition and postsecondary
education program that is designed for students with an
intellectual disability who are seeking to continue academic,
vocational, and independent living instruction at the
institution in order to prepare for gainful employment and
independent living; includes an advising and curriculum
structure; requires students to participate on at least a half-
time basis; or includes regular enrollment in courses offered
by the institution, auditing or participating in courses
offered by the institution for which the student does not
receive regular academic credit, enrollment in non-credit, non-
degree courses or participation in internships. Such individual
must also be maintaining satisfactory progress in the program
as determined by the institution.
Section 475. Statute of limitations and State court judgments
Section 475 ensures that obligations to repay loans and
grant overpayments are enforced. In collecting any obligation
on Perkins loans, an institution of higher education shall not
be denied payment due to a claim of infancy by the borrower.
The section clarifies that payments are not due in the case of
a student who is deceased, and that payments may not be
required of a deceased student's estate.
Section 476. Institutional refunds
Section 476 establishes that if a recipient of aid under
this title withdraws from an institution during a payment
period or a period of enrollment due to illness, accident,
grievous personal loss or other circumstances beyond the
student's control, and does not notify the institution, the
institution may determine the appropriate withdrawal date and
may determine that the student does not need to repay title IV
funds.
Section 477. Institutional and financial assistance for students
Section 477 adds to the information that institutions must
disseminate to prospective and enrolled students an
institution's policies and sanctions regarding copyright
infringement. Such policies must inform students that
unauthorized distribution of copyrighted material on the
institution's information technology systems may subject
students to civil and criminal penalties.
This section requires institutions to provide information
on student body diversity, including the percentage of
enrolled, full-time students who are male, female, from a low-
income background, and a self-identified member of a major
racial or ethnic group.
This section also requires that the completion and
graduation rate data that is already required to be reported
under current law, also be disaggregated by gender, major
racial and ethnic subgroup, by recipients of a Federal Pell
grant, by recipients of a loan made under part B or part D
(other than an unsubsidized Stafford loan) who did not receive
a Pell grant, and by recipients of neither a Federal Pell grant
nor a loan made under this part or part D (other than an
unsubsidized Stafford loan).
This section also requires that eligible institutions
disseminate specific information to prospective and enrolled
students. Each institution must disclose information on student
financial assistance and the procedures for applying for such
assistance, the cost of attending the institution and general
information about the academic and non-academic aspects of the
school programs. For the purposes of information on graduation
rates, the institution may exclude information on 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, if the students in that category exceed
20 percent of an institution's enrollment, include such
students, but exclude the time period the students were not
enrolled due to their service.
This section added an entrance counseling requirement for
first-time Stafford and Grad PLUS borrowers to ensure that they
receive comprehensive information on the terms and conditions
of their loan and the responsibilities a borrower has with
respect to his or her loan. Institutions are encouraged to use
interactive programs that test the borrower's understanding of
the provisions. The information provided needs to include the
institution's definition of half-time enrollment, and the
consequences of not maintaining half-time enrollment; an
explanation of the importance of contacting the appropriate
institutional offices if the borrower withdraws before
completing his or her program of study; and the name of an
individual the borrower may contact if the borrower has any
question about rights and responsibilities.
Institutions must also provide an exit interview to
borrowers of title IV loans which shall include information on
loan repayment plans available, including a discussion of the
different features of each plan and sample information showing
the difference in interest paid and total payments under each
plan; the average anticipated monthly repayments under the
standard repayment plan and any other repayment plans for which
the borrower is eligible, if the borrower so requests; debt and
management strategies; an explanation that the borrower has the
ability to prepay each such loan, pay the loan on a shorter
schedule, and change repayment plans; the situations in which
the student may obtain full or partial forgiveness or
cancellation of principal or interest; the terms and conditions
under which the student may defer repayment of principal or
interest or be granted forbearance; the consequences of default
on such loans; information on the effects of using a
consolidation loan to discharge the borrower's loans; and 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. Such exit interviews shall also include a clear and
conspicuous notice describing the general effects of using a
consolidation loan to discharge the borrower's student loans,
including the effects of consolidation on total interest to be
paid, fees to be paid, and length of repayment; the effects of
consolidation on a borrower's underlying loan benefits,
including loan forgiveness, cancellation, and deferment; the
ability for the borrower to prepay the loan, pay on a shorter
schedule, and to change repayment plans, and that borrower
benefit programs may vary among different loan holders; a
general description of the types of tax benefits which may be
available to the borrower; and the consequences of default.
This section also requires institutions of higher education
to publish and distribute on an annual basis on campus policies
regarding immediate emergency procedures. Such policies shall
include procedures to notify the campus community in a
reasonable and timely manner in the event of a significant
emergency or dangerous situation, procedures to publicize
emergency response and evacuation procedures on an annual basis
in a manner designed to reach students and staff; and
procedures to test emergency response and evacuation procedures
on an annual basis.
Each institution participating in title IV must also
publicly disclose the institution's current transfer of credit
policy that includes a statement that the institution shall
disclose whether the institution denies transfer of credit
based on the accreditation of the sending institution and a
list of institutions with which the institution has established
articulation agreements.
Finally, this section requires institutions of higher
education annually to publish a fire safety report on on-campus
student housing, and to submit such information to the
Secretary on an annual basis. Such report shall include
information with respect to campus fire and safety practices,
including statistics concerning the number and cause of fires
in each on-campus student housing facility, as well as the
injuries related to such fires that result in medical
treatment, the number of deaths related to a fire, and the
value of property damage caused by a fire; a description of
each on-campus student housing facility fire safety system; the
number of regular mandatory supervised fire drills; policies or
rules on procedures for evacuation, fire safety education and
training programs, among other policies; and plans for future
improvements in fire safety. The Secretary shall make these
statistics available to the public. The Secretary shall also,
in coordination with nationally recognized fire organizations
and representatives of institutions of higher education,
associations of institutions of higher education, and other
relevant organizations, identify exemplary fire safety
policies, procedures, programs, and practices, and make
information concerning those policies, procedures, programs and
practices that have been effective available to the public.
This section also requires each institution of higher education
to maintain a log regarding all fires in on-campus student
housing facilities, and make annual reports to the campus
community on such fires.
Section 478. National student loan data system
Section 478 establishes guidelines for the Secretary to
administer the National Student Loan Data System (NSLDS) in an
effort to maintain confidence in the NSLDS. This section
requires the Secretary to ensure 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. The Secretary shall prohibit
nongovernmental researchers from accessing personally
identifiable information. The Secretary shall also create a
disclosure form for students and potential students that is
distributed when such students complete the common financial
reporting form and as a part of the exit counseling process
under title IV. The disclosure form shall inform students about
the NSLDS and its appropriate uses. The Secretary shall require
guaranty agencies, lenders, and institutions of higher
education that enter into an agreement with a borrower
regarding a loan under title IV to inform the borrower that
such loan will be submitted to the data system and will be
accessible to certain entities. The Secretary is required to
establish protocols for limiting and restoring access to the
database in the event that the Secretary deems it necessary to
restrict access to the NSLDS. Finally, the Secretary is
required to regularly review the data system to ensure it is up
to date and is not being exploited by inappropriate parties;
and to develop standardized protocols for limiting access to
the data system.
This section also requires the Secretary to report annually
to Congress on the implementation of this section, including
the effectiveness of the privacy safeguards in protecting
student and parent information in the data system; the success
of new safeguards; the Secretary's ability to monitor the use
of the system; and any protocols developed during the year. It
also requires the Secretary to conduct a study regarding
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 appropriate protocols for limiting access to the
data system.
Section 479. Early awareness of financial aid eligibility
Section 479 requires the Secretary to work with
institutions of higher education and other agencies involved in
college access to implement a system to provide students and
families with early information about financial aid, and early
estimates of students' eligibility for financial aid. The
Secretary shall make a special effort to inform students who
receive or are eligible to receive means-tested benefits that
they are potentially eligible for a maximum Pell grant. The
section specifies information on the availability of financial
aid to be provided to students when they are middle or high
school students and to adult learners. The Secretary, in
coordination with States, institutions of higher education, and
other agencies, shall provide the means for individuals to
obtain nonbinding estimates of grant and loan aid the
individuals may receive. These estimates should be as accurate
as possible. In addition, not later than 2 years after the
enactment of the Higher Education Amendments of 2007, the
Secretary shall coordinate with relevant entities to implement
a public awareness campaign on the availability of financial
aid under this title.
Section 480. Program participation agreements
Section 480 adds several clauses to the program
participation agreement that institutions must sign to
participate in the student aid programs under this title. One
new provision requires that institutions establish, enforce and
follow a code of conduct regarding student loans. The code of
conduct shall include a revenue sharing prohibition, that
prohibits institutions from receiving anything of value from
any lender in exchange for an advantage sought by the lender to
make educational loans to a student associated with the
institution. It also prohibits any employee who is employed by
the financial aid office at an institution or who has other
responsibilities with respect to educational loans, from taking
from a lender a gift or trip worth more than nominal value,
except for reasonable expenses associated with professional
development; from entering into a consulting arrangement or
other contract to provide services to a lender; and from
receiving anything of value in exchange for serving on the
advisory board, commission or group established by a lender or
group of lenders, except for reasonable expenses incurred in
serving on such board. The institution shall not refuse to
certify, or delay certification of a loan based on the
borrower's selection of a particular lender. Through a
designated individual, the institution shall annually attest
that the institution agrees to, and is in compliance with, the
requirements of the code of conduct.
Section 480 also places a number of requirements on
institutions of higher education that choose to maintain a
preferred lender list to recommend specific lenders for loans
made under part B of the Higher Education Act of 1965 to
students. In establishing a preferred lender list, the
institution must clearly and fully disclose why the institution
has included each lender as a preferred lender, especially with
respect to terms and conditions favorable to the borrower and
that students attending the institution (and the parents of
such students) do not have to borrow from a lender on the
preferred lender list. The institution must also establish a
process to ensure that lenders are placed upon the preferred
lender list on the basis of the benefits provided to borrowers,
including highly competitive interest rates, terms, or
conditions for loans made under part B high-quality customer
service for such loans, and additional benefits. Institutions
must ensure that a preferred lender list includes at least
three unaffiliated lenders.
Section 480 specifies that proprietary institutions of
higher education must have not less than 10 percent of their
revenues from sources other than funds provided under this
title. In the calculation of the 10 percent, an institution may
include funds from sources other than those received under this
title, matching funds, student payments from eligible college
savings plans established under section 529 of the IRS Code of
1986, funds paid by the student or on behalf of the student by
a third party, institutional aid and funds generated by the
institution from institutional activities that are necessary
for the education and training of the institution's students.
Failure to meet this requirement for 1 year may result in the
institution being placed on provisional certification, and the
Secretary may increase monitoring and reporting requirements.
Failure to meet the requirements for 2 consecutive years shall
mean that the institution is ineligible to participate in
programs under this title until the Secretary is satisfied that
it is in compliance with this section. The Secretary shall make
available information regarding which institutions have failed
to meet this requirement.
This section specifies that if an institution is subject to
an emergency action or its title IV participation is limited,
suspended or terminated, the Secretary shall require the
institution to prepare a teach-out plan for submission to the
institution's accrediting agency. The term ``teach-out'' plan
shall mean 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.
Section 481. Regulatory relief and improvement
Section 481 maintains the quality assurance programs and
the experimental sites. The Secretary has the authority to
establish additional experimental sites in addition to
maintaining the existing sites if they wish to continue
participation. This section requires the Secretary to review
and submit a biennial report to the authorizing committees on
the experience of institutions participating as experimental
sites.
Section 482. Transfer of allotments
Section 482 allows institutions to transfer up to 25
percent of funds between its Federal Supplemental Educational
Opportunity Grant and Federal Work-Study accounts.
Section 483. Purpose of administrative payment
Section 483 clarifies the sums paid under this part are to
be used for administering the programs described.
Section 484. Advisory Committee on Student Financial Assistance
Section 484 adds to the purposes of the Advisory Committee
by requiring it to provide knowledge and understanding of early
intervention programs and to make recommendations that will
result in early awareness for low- and moderate-income families
of their eligibility for assistance under this title. It also
authorizes the Advisory Committee to make recommendations that
will expand partnerships among Federal and State Governments,
institutions of higher education and the private sector.
This section charges the Advisory Committee with reviewing
regulations under title IV of the Higher Education Act and
making recommendations to the Secretary to minimize regulatory
burdens for institutions of higher education. In the review of
regulations, the Advisory Committee shall convene not less than
two review panels of representatives of the relevant groups to
determine the necessity of the regulations, and recommend to
the Secretary the elimination of regulations that are
duplicative, unnecessary, inconsistent with other Federal
requirements or overly burdensome. The Advisory Committee shall
submit recommendations to the authorizing committees and the
Secretary not later than 2 years after the completion of
negotiated rulemaking.
This section also charges the Advisory Committee with
conducting a study of innovative pathways to baccalaureate
degree attainment, such as dual enrollment, Pell grant program
changes, simplification, compressed or modular scheduling,
articulation agreements and programs that allow 2-year
institutions to offer BA degrees.
Section 485. Regional meetings
Section 485 adds State student grant agencies groups whose
input the Secretary shall seek in meetings and rulemaking under
this section.
Section 486. Year 2000 Requirements at the Department
Section 486 repeals the language describing required
preparations to ensure the year 2000 did not interrupt the
Department's processes and services.
Part G--Program integrity
Section 491. Recognition of accrediting agency or association
Section 491 expands the criteria required for an
accrediting agency to be determined reliable by the Secretary
for those agencies or associations seeking to evaluate
institutions or programs offering distance education, and
changes the factors that an accrediting agency must consider in
accrediting institutions of higher education offering distance
education. This section also expands the criteria agencies must
consider when evaluating institutions of higher education,
requiring such agencies to consider student retention rates,
course completion rates, program completion and graduation
rates, and as appropriate, State licensing examinations, job
placement rates, enrollment in graduate and professional
programs, and other student performance information selected by
the institution, particularly that information used by the
institution to evaluate or strengthen its programs.
The agency or association must also demonstrate to the
Secretary that it will apply review procedures throughout the
accrediting process that comply with due process procedures,
including an opportunity for written response prior to final
action being taken, and the opportunity to appeal any adverse
action taken. The appeals board must not include current
members of the agency or association's underlying
decisionmaking body that made the adverse decision and it must
be subject to a conflict of interest policy. The agency must
make available to the public and the State licensing or
authorizing agency, and must submit to the Secretary, a summary
of agency or association actions, including the accreditation
or reaccreditation of an institution, including any final
denial, withdrawal, suspension or termination of accreditation,
or placement on probation of an institution, and any findings
made in connection with those actions, together with the
official comments of the affected institution.
This section also requires accrediting agencies to ensure
that their onsite evaluation includes a review of the federally
required information the institution or program provides to its
current and prospective students, and they are monitoring the
growth of programs at institutions experiencing significant
growth. Agencies must also require institutions of higher
education to submit a teach-out plan for approval to the agency
when any of the following occur: the Department notifies the
accrediting agency of an action against the institution
pursuant to section 487(d); the accrediting agency acts to
withdraw, terminate, or suspend the accreditation of an
institution; or the institution notifies the accrediting agency
that the institution intends to cease operations.
This section also requires that an agency or association
must confirm as part of its accreditation process that an
institution publicly discloses its transfer of credit policies,
and whether the institution denies transfer of credit based
solely on the accreditation of the sending institution.
Nothing in this section shall be construed to permit the
Secretary to establish criteria that specify, define or
prescribe the standards that accrediting agencies or
associations shall use to assess an institution's success with
respect to student achievement.
Section 492. Administrative capacity standard
Section 492 adds a subsection on the Treatment of Teach-
Outs at Additional Locations. A location of a closed
institution of higher education will be eligible as an
additional location of an eligible institution of higher
education for the purpose of a teach-out, if such teach-out has
been approved by the institution's accrediting agency.
An institution of higher education that conducts a teach-
out through the establishment of an additional location at a
closed institution will be permitted to make that a permanent
additional location without being required to assume the
liabilities of the closed institution or be in existence for 2
years before establishing eligibility.
Section 493. Program review and data
Section 493 requires the Secretary to provide an
institution with an adequate opportunity to review and respond
to any program review report, and any relevant materials
related to the report, before a final program review report is
issued.
The Secretary will review and consider an institution's
response in any final program review determination. The
Secretary, at all times, will maintain and preserve the
confidentiality of any program review report or determination
until the requirements of paragraphs (6) and (7) are met, and
until a final program review determination is issued, other
than to the extent required to comply with paragraph (5),
except that the Secretary will promptly disclose any and all
program review reports to the institution of higher education
under review.
Section 494. Timely information about loans
Section 494 requires lenders of loans made, insured or
guaranteed under Title IV of the Higher Education Act of 1965
to provide all borrowers with a bill each payment installment
time period, that shall provide such borrower with clear and
conspicuous notice of the borrower's principal borrowed,
current balance, interest rate on each loan, the amount the
borrower has already paid in interest, the total additional
interest payments the borrower is expected to pay over the life
of the loan, the total 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, in a brief, borrower-
friendly manner, a description of each fee the borrower has
been charged for the current payment period, the date by which
the borrower needs to make a payment in order to avoid
additional fees, the amount of such payment that will be
applied to the interest, the balance, and any fees on the loan;
and the lender's address and toll-free phone number for payment
and billing error purposes.
Lenders must also provide borrowers with clear and
conspicuous notice, at least 1 month prior to a loan entering
repayment, of information regarding the borrower's options,
including repayment plans, deferments, forbearances, and
discharge options to which the borrower may be entitled; the
conditions under which a borrower may be charged any fee, and
the amount of such fee; the conditions under which a loan may
default, and the consequences of default; resources, including
nonprofit organizations, advocates, and counselors (including
the Office of the Ombudsman at the Department), where borrowers
can receive advice and assistance, if such resources exist.
If a borrower enters default, a lender must provide the
borrower at least twice with a clear and conspicuous notice of
not less than the following information: The options available
to the borrower to be removed from default; the relevant fees
and conditions associated with each option.
Section 495. Auction evaluation and report
Section 495 specifies that if Congress establishes a pilot
program for the auction of Federal PLUS loans, the Comptroller
General shall evaluate such a pilot program. The evaluation
shall determine 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 parent loan program under Section 428B of the
Higher Education Act of 1965 in the absence of a pilot program;
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; the effect of the transition to and operation of the
pilot program on the ability of lenders participating in the
pilot to originate loans made through the pilot smoothly and
efficiently, the ability of institutions of higher education
participating in the pilot program to disburse loans made
through the program smoothly and efficiently, and the ability
of parents to obtain loans made through the pilot program in a
timely and efficient manner; the differential impact, if any,
of the auction among the States, including between rural and
non-rural States; and the feasibility of using the mechanism
piloted to operate the other programs under Part B of Title IV
of the Higher Education Act. The Comptroller General shall
submit a preliminary report to the authorizing committees not
later than September 1, 2010, with the information included in
the evaluation; shall submit an interim report not later than
September 1, 2012 regarding such findings; and shall submit a
final report not later than September 1, 2014, regarding such
findings.
Title V--Developing Institutions
Section 501. Authorized activities
Section 501 establishes that institutions may use grant aid
for education or counseling services designed to improve
financial literacy of students or their parents. Funds may be
used to develop articulation agreements and facilitate the
transfer of students from 2-year to 4-year institutions.
Institutions may also utilize grant aid for customized remedial
education and English language instruction courses designed to
retain students and prepare students to enroll in core courses
and successfully complete degree and major requirements.
Section 502. Postbaccalaureate opportunities for Hispanic Americans
Section 502 creates a new program that authorizes the
Secretary of Education to award grants to eligible Hispanic-
serving institutions that offer postbaccalaureate certificates
or degree-granting programs.
Grant awards may be used to fund the following types of
activities: purchasing scientific or laboratory equipment,
books, and other educational material; constructing,
maintaining or renovating classrooms, libraries, or other
instructional facilities; supporting faculty and curriculum
development, outreach, academic support services, mentoring and
financial assistance; and collaborating with other colleges and
universities to expand postbaccalaureate certificate
opportunities or degree granting programs.
An application for a grant must explain how funds would be
used to improve postbaccalaureate education opportunities for
Hispanic and low-income students and would lead to students
gaining greater financial independence. The Secretary of
Education shall award grants to Hispanic-serving institutions
for up to 5 years and colleges and universities are only to
receive one award per fiscal year.
Section 503. Applications
Section 503 makes a technical change.
Section 504. Cooperative arrangements
Section 504 makes a technical change.
Section 505. Authorization of appropriations
Section 505 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Title VI--International Education Programs
Section 601. Findings
Section 601 revises the findings section to reflect changes
in the world's geopolitical and economic landscapes that have
created a need for American expertise and knowledge about a
greater diversity of less commonly taught languages and nations
of the world. This title supports centers, programs, and
fellowships in American institutions of higher education,
including programs partnering with overseas institutions, to
increase the numbers of trained personnel and research in
foreign language, area studies and other international studies.
The Secretary shall consult with appropriate Federal agencies
to determine national priorities in these areas and shall
assist programs funded under this title to develop surveys of
participants to determine placement after graduation.
Section 602. Graduate and undergraduate language and area centers and
programs
Section 602 authorizes the Secretary to make grants to
institutions of higher education to support comprehensive
foreign language or area study centers, including a network of
undergraduate programs. Grants may support teaching and
research materials, curriculum planning and development,
linkages with foreign institutions, instructors of less
commonly taught languages, and activities to improve
instruction. Fellowships support students at advanced study
levels, including doctoral and post-doctoral candidates.
Requires each applicant to explain how the activities funded by
the grant will reflect diverse perspectives and a wide range of
views.
Section 603. Undergraduate international studies and foreign language
programs
Section 603 authorizes the Secretary to make grants under
this section to establish, strengthen and operate national
language resource and training centers at the undergraduate
level. The funds from these grants may provide for the
development of new teaching materials, the conducting or
dissemination of research, the training of teachers or the
expansion of experiences for students in foreign countries. In
the application, in addition to program quality information,
the applicant must include how the grantee will inform students
about federally funded scholarship programs in related areas,
and how the grantee will encourage service in areas of national
need. Only 20 percent of funds may support undergraduate study,
and only 10 percent of total awarded funds may be used for
study abroad.
Section 604. Research; studies
Section 604 establishes that the Secretary may, directly or
through grants or contracts, conduct research and studies that
contribute to achieving the purposes of this part including
comparative studies; research on instructional strategies;
studies to assess the need for area studies and language
instruction; evaluations of the extent to which programs funded
under this title reflect diverse perspectives and generate
debate on world regions and international affairs; and
systematic collection, analysis and dissemination of data that
contribute to the purposes of this title.
Section 605. Technological innovation and cooperation for foreign
information access
Section 605 authorizes the Secretary to make grants to
institutions of higher education, public or non-profit private
libraries or consortia of such institutions or libraries to
develop innovative ways to use electronic technologies to
collect, organize, preserve, and widely disseminate information
from foreign sources. Grants may be awarded to an institution
of higher education, a public or non-profit private library, or
a consortium of an institution of higher education plus another
institution of higher education, or a library, or a non-profit
educational organization.
Section 606. Selection of certain grant recipients
Section 606 provides that in considering grant applications
under this title, the Secretary shall evaluate each application
based on established criteria. The Secretary shall also
consider the applicant's record of sending students into areas
of national need.
Section 607. American overseas research centers
Section 607 authorizes the Secretary to make grants to and
enter into contracts with any American overseas research center
that is a consortium of institutions of higher education. Each
center desiring a grant shall submit the required information.
Grant funds may support faculty salaries, faculty and student
travel, teaching and research material, conferences, and
publications.
Section 608. Authorization of appropriations for international and
foreign language studies
Section 608 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 609. Centers for international business education
Section 609 authorizes the Secretary to award grants to
institutions of higher education to operate international
centers for business education that will be national resources
for improved business techniques. Such grants will require
assurance that diverse perspectives will be made available to
students in programs under this section.
Section 610. Education and training programs
Section 610 authorizes the Secretary to award grants to
institutions of higher education to promote linkages between
such institutions and the American business community engaged
in international business. Such grants will provide diverse
perspectives and a wide range of views on world regions and
international affairs, when applicable.
Section 611. Authorization and appropriations for business and
international education programs
Section 611 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 612. Minority foreign service professional development program
Section 612 authorizes the Secretary to award grants to
Historically Black Colleges or Universities that serve a
substantial number of minority students, or an institution of
higher education with programs in training Foreign Service
professionals to establish an Institute for International
Public Policy to increase the participation of underrepresented
minorities in international service fields. Such programs shall
reflect diverse perspectives and a wide range of views on world
regions and international affairs, when applicable. The
applicant must provide a 50 percent match of Federal funds, but
the Secretary has the right to waive the match requirement if
the Secretary determines a waiver is appropriate.
Section 613. Institutional development
Section 613 specifies that the Institute shall award grants
to minority-serving institutions to strengthen international
business and foreign language study programs, in addition to
international affairs, international business, and foreign
language study programs. This shall include the teaching of
foreign languages.
Section 614. Study abroad program
Section 614 specifies that the Institute shall conduct a
junior-year abroad program.
Section 615. Advanced degree in international relations
Section 615 specifies that the Institute shall provide a
program of study that leads to master's degrees and, in
exceptional circumstances, doctoral degrees.
Section 616. Internships
Section 616 establishes that the Institute shall work with
eligible institutions of higher education to establish relevant
internships for students in the international studies field.
Section 617. Financial assistance
Section 617 allows the Institute to provide financial
assistance to needy students in the form of summer stipends of
up to $3,000 or Ralph Bunche scholarships of up to $5,000 per
academic year. Summer stipends shall be used for participation
in a summer institute program, and can be applied to travel,
living, and educational expenses. Ralph Bunche scholarships
shall be used for full-time students to pay costs related to
attendance at the institution of higher education at which the
student is enrolled.
Section 618. Report
Section 618 requires the Institute to submit a report
biennially on the activities conducted under this title to the
Secretary of Education and the Secretary of State.
Section 619. Gifts and donations
Section 619 specifies that the biennial report shall
include all gifts and donations received by the Institute.
Section 620. Authorization of appropriations for the institute for
international public policy
Section 620 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 621. Definitions
Section 621 amends the definition of a ``Tribal College or
University'' to include institutions identified in the Tribally
Controlled College or University Assistance Act of 1978.
Renames ``comprehensive language and area center'' as
``comprehensive foreign language and area or international
studies center'' and ``undergraduate language and area center''
as ``undergraduate foreign language and area or international
studies center.''
Section 622. Assessment and enforcement
Section 622 authorizes the Secretary to assess and ensure
compliance with all the conditions and terms of grants provided
under this title. If a complaint regarding activities under
this title is not resolved under the process outlined in the
relevant grantee's application, such complaint shall be filed
with the Secretary, who shall take the review of such
complaints into account when determining the renewal of grants.
The Secretary may use no more than 1 percent of the funds
available under this title for program evaluation, national
outreach, and information dissemination activities relating to
the programs authorized under this title.
The Secretary shall, in consultation with the Secretaries
of State and Defense, and the heads of other relevant Federal
agencies, submit a biennial report to be made available to the
authorizing committees and the public identifying areas of
national need in foreign language, area, and international
studies, and a plan to address those needs.
Title VII--Graduate and Postsecondary Improvement Programs
Part A--Graduate education programs
Section 701. Purpose
Section 701 identifies mathematics, science, engineering
and other areas critical to the United States' national and
homeland security needs as areas of focus for national graduate
fellowship programs that are designed to sustain and enhance
the capacity for graduate education.
Section 702. Allocation of Jacob K. Javits fellowships
Section 702 adds two considerations to the qualifications
of Board members appointed by the Secretary. The Secretary will
appoint members to represent the various geographic regions of
the United States and include representatives from minority-
serving institutions, as defined in section 365.
Section 703. Stipends
Section 703 clarifies that stipends provided under this
section are to be of an amount equal to those provided through
the National Science Foundation's ``Graduate Research
Fellowship Program.''
Section 704. Authorization of appropriations for the Jacob K. Javits
fellowship program
Section 704 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 705. Institutional eligibility under the graduate assistance in
areas of national need program
Section 705 specifies that in designating areas of national
need, the Secretary is required to consult 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
must also take into consideration an assessment of current and
future professional workforce needs of the United States, when
making these designations.
Section 706. Awards to graduate students
Section 706 requires that for individuals who receive their
first stipend in academic year 2008-2009, the amount shall be
set at an amount equal to that provided by the ``Graduate
Research Fellowship Program'' administered by the National
Science Foundation.
Section 707. Additional assistance for cost of education
Section 707 updates the years used in determining payments
amounts from 1999-2000 to 2008-09, and from 1998-99 to 2007-08.
Section 708. Authorization of appropriations for the graduate
assistance in areas of national need program
Section 708 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 709. Legal educational opportunity program
Section 709 expands those eligible for the Thurgood
Marshall Legal Opportunity Program to include secondary school
students as well as college students, and expands uses
accordingly throughout. Expands eligible uses to include
admission to law practice and preparation of eligible students
for completion of a baccalaureate degree. Authorizes the
Secretary to use grant funds for Thurgood Marshall Fellowships
for eligible law school students who participate in summer
institutes for Thurgood Marshall Fellows or who have completed
comparable summer institute programs certified by the Council
on Legal Opportunity. Adds national and State bar associations
as eligible subgrant recipients.
Section 710. Fund for the improvement of postsecondary education
Section 710 expands the provision regarding the
institutions and programs based on the technology of
communication to include the establishment and continuation of
institutions, programs, consortia, collaborations, and other
joint efforts based on the technology of communications,
including efforts that use distance education and technological
advancements to educate and train postsecondary students,
including health professionals serving medically underserved
populations.
This section adds a new provision to include reforms in
remedial education, including English language instruction and
remedial courses customized to student goals to help students
progress into core courses and complete programs.
A provision is added for the creation of consortia that
join institutions of higher education to design and offer
curricular and co-curricular interdisciplinary programs of
undergraduate and graduate study to focus on poverty and human
capability. Such programs shall include a service learning
component and educational activities that stress the effects of
poverty and how poverty can be alleviated through different
career paths.
This section also creates a new grant to provide support
and assist programs that are implementing integrated education
reform services to improve secondary school graduation, college
attendance, and college completion rates among at-risk
students, and to promote the establishment of new programs to
implement such integrated education reform services. The
Secretary is authorized to award a grant to Project GRAD, a
non-profit educational organization that has as its purpose the
improvement of secondary school, college attendance, and
college completion rates for at-risk students, in order to
implement and sustain the reforms at current Project GRAD sites
and expand the program to new sites. Project GRAD shall enter
into agreements with subcontractor nonprofit organizations that
shall provide matching funds, and shall implement the Project
GRAD programs, evaluate and improve the Project GRAD programs,
carry out activities to increase public awareness of integrated
education reform services to improve secondary school
graduation, college attendance, and college completion rates,
and carry out other activities directly related to increasing
secondary school graduation, college attendance, and college
completion rates.
This section also adds a provision to authorize the
Secretary to award a grant or contract to an institution of
higher education to establish and maintain a Center for best
practices to support single parent students. The grant or
contract shall be awarded to an institution of higher education
with demonstrated expertise in relevant programs. The center
shall assist institutions implementing innovative programs that
support single parents pursuing higher education, develop an
evaluation protocol for such programs, provide technical
assistance for institutions implementing such programs, and
develop and disseminate best practices regarding such programs.
This section also adds a provision to help institutions of
higher caution understand the regulatory impact of the Federal
Government on them. The Secretary is authorized to award a
grant or contract to an institution of higher education with
demonstrated relevant expertise, to monitor Federal regulations
for their impact on higher education, provide a succinct
description of each regulation or proposed regulation that is
relevant to higher education, and maintain an easy-to-use
website providing information on such Federal regulations that
is searchable and regularly updated.
Finally, this section requires the Secretary to contract
with an experienced nonprofit organization to implement a
scholarship program for family members of veterans or members
of the military. A dependent student is eligible if their
parent is on active duty or performing certain duty in the
National Guard during a war, military operation or national
emergency, or if their parent was a veteran who died or became
disabled while on duty since September 11, 2001. An independent
student is eligible if their spouse is on active duty or
performing certain duty in the National Guard during a war,
military operation or national emergency, or if their spouse
was a veteran who died or became disabled while on duty since
September 11, 2001. The scholarships will be awarded based on
need, with priority given to students eligible for Pell Grants.
The maximum scholarship amount will be the lesser amount of
either $5,000 or the difference between the student's cost of
attendance and any non-loan based aid the student receives. One
hundred percent of amounts appropriated for this scholarship
program shall be used for the scholarships awarded.
Section 711. Special projects
Section 711 expands areas of national need to include
improvements in academic instruction and student learning,
including efforts designed to assess the learning gains made by
postsecondary students; as well as the development, evaluation,
and dissemination of model programs including model core
curricula that provide students with a broad and integrated
knowledge base, including broad survey courses in English
literature, American and world history, American political
institutions, economics, philosophy, college-level mathematics
and natural sciences, and sufficient study of a foreign
language to lead to reading and writing competency in that
language.
Section 712. Authorization of appropriations for the fund for the
improvement of postsecondary education
Section 712 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 713. Repeal of the Urban Community Service Program
Section 713 repeals the Urban Community Service Program.
Section 714. Grants for students with disabilities
Section 714 specifies that the teaching methods and
strategies designed to teach students with disabilities
authorized under these grants in current law must now meet the
academic and programmatic needs of students with disabilities
in order to improve retention and completion of postsecondary
education.
The allowable activities under these grants are expanded to
include the development of innovative and effective teaching
methods and strategies to ensure the successful transition of
students with disabilities from secondary schools to
postsecondary education. Allowable activities are also expanded
to include synthesizing research and information related to the
provision of postsecondary educational services to students
with disabilities, the use of data on the postsecondary
education of and impact on subsequent employment of students
with disabilities. Such research, information and data will be
made publicly available and accessible.
Finally, the authorized activities under these grants are
expanded to include activities to make postsecondary education
more accessible to students with disabilities through: (1)
innovative and effective teaching methods and strategies to
provide faculty and administrators with the ability to provide
accessible distance education programs or classes that would
enhance access to higher education for students with
disabilities, including the use of accessible curriculum and
electronic communication for instruction and advisement; (2)
training and support to secondary and postsecondary staff to
encourage interest in and understanding of educational
opportunities in, teaching skills, and offer work-based
opportunities in disability-related fields, including students
with disabilities. This training and support may include
developing means to offer students credit-bearing, college-
level coursework and career and educational counseling; and (3)
curriculum development.
The Secretary will prepare and disseminate a report
reviewing the demonstration projects and providing guidance and
recommendations on how successful projects can be replicated.
A new subpart 2 is created and titled ``Transition Programs
for Students With Disabilities Into Higher Education;
Coordinating Center.'' This new subpart will aim to support
model demonstration programs that promote the successful
transition of students with intellectual disabilities into
higher education.
Under this subpart, the Secretary is authorized to award 5-
year grants on a competitive basis to institutions of higher
education or consortia of such institutions to create or expand
high-quality, inclusive model comprehensive transition and
postsecondary programs for students with disabilities. Such
programs shall be a degree, certificate, or non-degree program
offered by an institution of higher education that is designed
for students with intellectual disabilities who seek to
continue academic, vocational, or independent living
instruction at the institution in order to prepare for gainful
employment, includes an advising curriculum structure, and
requires the enrollment of the student in the equivalent of not
less than half-time course of study as determined by the
institution. Preference shall be given to institutions of
higher education or consortia of institutions in a State that
does not already have a comprehensive transition and
postsecondary program for students with intellectual
disabilities, or agree to incorporate one or more specified
elements into the program carried out under the grant.
The Secretary shall prepare and disseminate a report
reviewing the activities of the model comprehensive transition
and postsecondary programs for students with intellectual
disabilities authorized under this subpart and provide guidance
and recommendations on how successful programs can be
replicated.
The Secretary shall enter into a 5-year cooperative
agreement with an eligible entity, for the purpose of
establishing a coordinating center for technical assistance,
evaluation, and development of accreditation standards for
institutions of higher education that offer inclusive model
comprehensive transition and post-secondary programs for
students with intellectual disabilities.
Section 715. Applications for demonstration projects to ensure students
with disabilities receive a quality higher education
Section 715 specifies that each application will now
include a description of how the applicant plans to address the
activities allowed under this part. Each application will now
include a description of the extent to which the institution
will work to replicate the research and best practices of
institutions of higher education with demonstrated success in
serving students with disabilities.
Section 716. Authorization of appropriations for demonstration projects
to ensure students with disabilities receive a quality higher
education
Section 716 authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Section 717. Research grants
Section 717 authorizes the Secretary to award competitive
grants to eligible entities to develop or improve valid and
reliable measures of student achievement for institutions of
higher education to use in measuring and evaluating learning in
higher education. Eligible entities include institutions of
higher education, a State agency responsible for higher
education, a recognized higher education accrediting agency or
organization of higher education accreditation agencies, an
eligible applicant described in Section 174(c) of the Education
Sciences Reform Act of 2002 (such as a research organization or
individual with demonstrated ability to carry out the necessary
activities), and a consortium of any combination of these
entities. Each eligible entity may use the grant funds to
improve the quality, validity and reliability of existing
assessments used by institutions of higher education; to
develop measures of student achievement using multiple measures
from multiple sources; to measure improvement in student
achievement over time; to evaluate student achievement; to
develop models of effective practices; and for a pilot or
demonstration project of measures of student achievement. An
eligible entity that receives a grant under this section must
match 50 percent of the amount received from the Federal grant
with non-Federal sources in cash or in kind for each fiscal
year. Funds under this section must supplement, not supplant,
other Federal or State funds. The Secretary is required to
report to Congress on the implementation of the grant program
annually.
Title VIII--Miscellaneous
The purpose of this title is to provide new programs to
offer opportunities for increased success in higher education.
Each new part under section 801 is added to the end of the
Higher Education Act of 1965.
Part A--Mathematics and science scholars program
This part authorizes the Secretary to award grants to
States on a competitive basis to enable a State to award
scholarships of up to $1,000 to students within that State who
have completed a rigorous secondary school curriculum in
mathematics or science. States are required to meet a 50
percent match of the Federal funds.
The students are eligible for the scholarships for their
first 2 years of college, and governors may set a priority for
awarding these scholarships to attract students who are
underrepresented in mathematics, engineering and science
fields, students in high-need school districts, or students who
attend school districts that do not meet or exceed State
mathematics and science standards or districts in regions in
the State that have particular need.
Part B--Postsecondary education assessment
This part authorizes the Secretary to enter into a contract
with an independent, bipartisan organization with specific
expertise in public administration to complete an assessment of
the cost factors associated with cost of tuition at
institutions of higher education. The contract will begin not
later than 90 days after the date of enactment of this act. The
study shall consider the key elements that drive cost, identify
and evaluate measures being used to control costs, identify
other measures that should be utilized in the future and
identify systemic approaches to monitor future postsecondary
education cost trends and cost-control mechanisms.
Part C--Job skill training in high-growth occupations or industries
This part authorizes the Secretary to award competitive
grants for up to 5 years to partnerships of institutions of
higher education and a local Workforce Investment Board to
provide relevant job training in high growth industries or
occupations, including entrepreneurial efforts. The Secretary
shall award grants to eligible partnerships to expand or create
academic programs or programs to train individuals for high-
growth occupations, to purchase equipment or create or expand
distance programs that would facilitate those programs, and to
conduct outreach to students and businesses to promote
involvement in such programs. Priority will be given to
institutions serving nontraditional students.
Part D--Additional capacity for R.N. students or graduate-level nursing
students
This part authorizes the Secretary to award grants to
institutions of higher education that offer an R.N. nursing
program at the baccalaureate or associate degree level to
expand the faculty and facilities of such program to
accommodate additional R.N. nursing students; or to
institutions of higher education that offer post-graduate level
degrees for either advanced practice nurses, or for prospective
teachers in nursing programs, or both, to expand the faculty
and facilities of such programs to accommodate additional post-
graduate students. Grants shall be awarded for each academic
year in the amount of $3,000 multiplied by the number of
matriculated nursing students at such institution for the
academic year that is greater than the average at that
institution for the previous 4 years.
Part E--American history for freedom
This part authorizes the Secretary to award 3-year
competitive grants to eligible institutions of higher education
to establish or strengthen postsecondary academic programs or
centers that promote the teaching of traditional American
history, free institutions and the history and achievements of
Western civilization. Funds may be used to design and implement
programs of study, courses, lecture series, seminars and
symposia; develop, publish and disseminate instructional
materials; conduct research; conduct teacher preparation
initiatives; and support fellowships. Grantees must increase
access to quality programming that expands knowledge of
American History and involve personnel with strong expertise in
traditional American history.
Part F--Teach for America
This part authorizes the Secretary to award a non-
competitive grant to Teach for America to conduct outreach
activities to undergraduate and graduate students to attract
them to participate in the Teach for America program. The
program attracts college graduates to teach for up to 2 years
in underserved schools. Grant funds will be used for
recruitment, pre-service training and professional development
during their first 2 years of teaching under this program.
Teach for America shall submit an annual report and the
Secretary shall conduct a study of the program outcomes.
Part G--Patsy T. Mink Fellowship Program
The Secretary shall award grants to eligible institutions
of higher education to enable such institutions to make
fellowship awards to assist highly qualified minorities and
women to acquire the highest degree available in academic areas
where such individuals are underrepresented in the
professoriate. The Secretary shall consider the representation
of women and minority faculty members, the current and
projected need for faculty and the need to prepare professors
in areas of national need such as mathematics and science. In
awarding grants, each institution shall award no less than 15
fellowships. Fellows shall sign an agreement to enter a
contract to teach at an institution of higher education not
later than 3 years after receiving the doctoral degree or
highest possible degree available. Individuals who do not enter
the professoriate shall repay the fellowship.
Part H--Improving college enrollment by secondary schools
The Secretary shall contract with a not-for-profit
organization to make available year-to-year higher education
enrollment rate trends by secondary schools. The grant
recipient shall have demonstrated expertise in increasing
schoolwide higher education enrollment rates in low-income
communities, and in college transition data management.
The Secretary shall also contract with such nonprofit
organization to identify not less than 50 urban local
educational agencies and 5 States with significant rural
populations, each of which serves a significant number of low-
income students, to carry out comprehensive needs assessments
of the factors known to contribute to improved higher education
enrollment rates, including factors such as evaluation of the
local educational agency's and State's leadership strategies,
the secondary school curriculum and class offerings of the
local educational agency and State, the professional
development used by the local educational agency and State to
assist teachers, higher education counselors, and
administrators in supporting the transition of secondary
students into higher education, secondary school student
attendance, the data systems used by the local educational
agencies and the State to measure college enrollment rates and
the incentives in place to motivate faculty and students to
improve school-wide outcomes, and strategies to mobilize
student leaders and build college bound culture.
The nonprofit shall also provide comprehensive services to
improve school-wide higher education enrollments of each of at
least 10 local educational agencies and States that
participated in the comprehensive needs assessment and have
demonstrated a willingness and commitment to improving the
higher education enrollment rates of the local educational
agency or State.
Part I--Predominantly Black Institutions
This part authorizes the Secretary to award grants under a
new grant program to Predominantly Black Institutions. Grant
funds shall be used to plan, develop, undertake and implement
programs to enhance the institution's capacity to serve more
low- and middle-income Black American students, to expand
higher education opportunities for title IV eligible students
by encouraging college preparation and student persistence in
secondary school and postsecondary education, and to strengthen
the ability of the Predominantly Black Institution to serve
such students. Grant funds may be used for academic instruction
in disciplines in which Black Americans are unrepresented, to
establish or enhance a program of teacher education designed to
qualify students to teach in a public elementary school or
secondary school in the State, or to establish community
outreach programs that will encourage elementary school and
secondary school students to develop the academic skills and
interest to pursue postsecondary education, among other uses.
Up to 20 percent of each grant may also be used to establish or
increase an endowment fund, in which case the institution must
raise an equal amount from non-federal sources.
Priority for such grants shall be given to Predominantly
Black Institutions with large numbers of needy or Black
students. Grants shall not be less than $250,000.
Part J--Early Childhood Education Professional Development and Career
Task Force
This part authorizes a new competitive grant program for
States. Grant funds shall be used to be used to establish State
Early Childhood Education Professional Development and Career
System Task Forces and to support the activities of such task
force.
Such State Task Forces may be new entities or may be
existing entities designated by the Governor for this purpose.
They shall include at least five members representing
specifically designated stakeholders, and shall carry out
activities including conducting periodic needs assessments of
the demographics of individuals working in early childhood
education programs in the State and a review of opportunities
for and barriers to high quality professional development and
training in early childhood development and learning. The State
Task Force shall develop a plan for a comprehensive state-wide
career system, including methods of outreach to early childhood
education program staff; developing a unified data collection
and dissemination system for early childhood training,
professional development, and higher education programs;
providing resources for the costs of enrolling in and
completing postsecondary education programs; developing
mentoring and coaching programs to support new teachers in and
directors of early childhood education programs; supporting
professional development activities and a career lattice;
supporting articulation agreements between 2- and 4-year
institutions and other mechanisms to earn academic credit;
providing career development advising with respect to the field
of early childhood education; and providing 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.
The State Task Force shall hold public hearings and provide
an opportunity for public comment on the contents of the State
plan. The State Task Force shall meet periodically to review
implementation of the plan and propose changes as needed.
Part K--Improving science, technology, engineering, and mathematics
education with a focus on Alaska Native and Native Hawaiian
students
Authorizes a grant to an eligible partnership to develop or
expand programs for the development of science, technology,
engineering or mathematics professionals from elementary
schools through college, including existing programs for Alaska
Native and Native Hawaiian students. Eligible partnerships
shall be partnerships of one or more colleges or schools of
engineering, one or more colleges or schools of science,
engineering, or mathematics, one or more institutions of higher
education that offer 2-year degrees, or one or more private
entities that conduct career awareness activities showcasing
local technology professionals, develop internships,
apprenticeships and mentoring programs in partnership with
relevant industries, and assist with the placement of interns
and apprentices.
Grant funds shall be used to develop or implement 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; 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 or Native Hawaiian students;
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 Alaska Native or Native Hawaiian students; or other
activities consistent with the purposes of this section.
Priority for grants shall be given to an eligible
partnership that provides 1 or more programs in which 30
percent or more of the program participants are Alaska Native
or Native Hawaiian.
This part authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Part L--Pilot program to increase persistence in community colleges
This part authorizes the Secretary to award 5-year grants
to community colleges, on a competitive basis, to enable them
to provide additional monetary and non-monetary support to
eligible students to help such students maintain enrollment and
complete degree or certificate programs. Eligible students must
be between the ages of 19 and 33, enrolled at least half time,
have family incomes below 200 percent of the poverty line, and
be the parent of at least one dependent child.
Institutions shall use grant funds to provide scholarships
and dedicated counseling services, and may use such funds to
conduct outreach to make students aware of the scholarships and
counseling services available through the program and to
encourage participation in the program; to provide nominal
gifts to applicants who complete the application process, as an
incentive and as compensation for the student's time; and to
evaluate the success of the program. Scholarships funded under
this section shall be in the amount of $1,000 a semester or
$2,000 a year, disbursed at intervals over the course of the
semester, and shall only be awarded to students who maintain at
least half-time enrollment and a 2.0 or C grade point average.
Each institution receiving a grant under this section shall
conduct an annual evaluation of the impact of the grant and
shall provide the evaluation to the Secretary, who shall
disseminate to the public best practices and lessons learned
with respect to the evaluations. The evaluations shall be
conducted using a random assignment research design.
This part authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Part M--Student safety and campus emergency management
This part authorizes a new grant program for institutions
of higher education to develop and improve their campus safety
and emergency response systems. Grants shall be awarded by the
Secretary of Education, in consultation with the Attorney
General and the Secretary of Homeland Security. Grant funds may
be used to develop and implement emergency communications
systems, for security assessments, for training of security
personnel, and to coordinate mental health crisis response and
intervention services for students enrolled in the institution
of higher education affected by a campus or community
emergency. These communications procedures may incorporate the
use of radio announcements, television alerts, audible alert
signals, public address announcements, and other means of
communication, so that each institution participating shall be
able to communicate with students, employees, and others on the
campus of the institution, within a reasonable and timely
manner in the event of a significant emergency or dangerous
situation.
This part authorizes such sums as may be necessary for
fiscal year 2008 and the 5 succeeding fiscal years.
Title IX--Amendments to Other Laws
Part A--Education of the Deaf Act
Section 901. Laurent Clerc National Deaf Education Center
Section 901 names the Laurent Clerc National Deaf Education
Center, as the entity to provide quality education for deaf
individuals through its Clerc Center, and technical assistance,
outreach and training programs for parents and teachers of
children who are deaf. By no later than the beginning of the
2009-10 academic year, the elementary and secondary programs at
the Center shall adopt and implement standards and assessments
pursuant to Section 1111(b) of the Elementary and Secondary
Education Act, subject to approval by the Secretary. The
University shall determine whether the Clerc programs are
making adequate yearly progress and publicly report the
findings, as required by the Elementary and Secondary Education
Act.
Section 902. Agreement with Gallaudet University
Section 902 updates the reference to the Davis-Bacon Act in
this language.
Section 903. Agreement for the National Technical Institute for the
Deaf
Section 903 names the Rochester Institute of Technology as
the partner institution for the establishment and operation,
including construction and equipment, of a National Technical
Institute for the Deaf. Specifies that if the Secretary or
Rochester Institute terminates the agreement the Secretary
shall consider other proposals to establish and operate a
National Technical Institution for the Deaf.
Section 904. Cultural experiences grants
Section 904 amends title I of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.) by adding at the end a new
section 121 creating Cultural Experiences Grants. The section
authorizes the Secretary to award competitive grants or
contracts with eligible entitles to enrich the lives of deaf
and hard-of-hearing children and adults; increase public
understanding of deafness and the artistic and intellectual
achievements of deaf and hard-of-hearing persons; and promote
the integration of hearing, deaf, and hard-of-hearing persons
through shared cultural, educational, and social experiences.
Funds are authorized ``as may be necessary'' to carry out this
section for fiscal year 2008 and each of the succeeding fiscal
years.
Section 905. Audit
Section 905 limits the requirements of annual independent
financial and compliance audit of the relevant institution of
higher education to cover only the activities of the National
Technical Institute for the Deaf, and clarified that such audit
shall be conducted on a fiscal year cycle.
Section 906. Reports
Section 906 excludes preparatory programs from those
programs about which the University must report enrollment,
graduation, and post-graduation employment information. Changes
the date of the University's requirement to report the
differences in disposition of individuals from minority
backgrounds with those students from non-minority backgrounds
from the date of graduation or completion of their studies to 1
year after graduation or completion. Limits the requirements of
the report as compared to current law.
Section 907. Monitoring, evaluation, and reporting
Section 907 removes reference to the Department of
Education Organization Act when stating that the Secretary
should submit an annual report to Congress on the University's
monitoring and evaluation activities of and legislative
recommendations regarding the University's programs, activities
and administrative operations. Changes period of authorization
of appropriations under this section to fiscal years 2008
through 2013.
Section 908. Liaison for educational programs
This section also requires the Secretary to designate a
liaison between the Department of Education and Gallaudet
University, the National Technical Institute for the Deaf, and
other postsecondary educational programs for individuals who
are deaf under the Individuals with Disabilities Education Act,
the Rehabilitation Act of 1973, and other Federal or non-
Federal agencies, institutions, or organizations involved with
the education or rehabilitation of individuals who are deaf or
hard of hearing.
Section 909. Federal endowment programs for Gallaudet University and
the National Technical Institute for the Deaf
Section 909 extends the authorization of appropriations for
fiscal years 2008 through 2013.
Section 910. Oversight and effect of agreements
Section 910 updates correct names of committees where
relevant.
Section 911. International students
Section 911 establishes that preparatory students no longer
count toward the University's and NTID's respective enrollment
caps of international students; nor do international students
residing abroad and participating in distance learning courses
through NTID or the University. This section also states that
U.S. citizens who apply for distance learning courses shall not
be denied participation because of the participation of
international students, and such distance education
international students will not be charged a tuition surcharge.
Postsecondary international students from a non-developing
country enrolled at the University or NTID shall continue to
pay a 100-percent tuition surcharge. The section reduces the
surcharge paid by postsecondary international students from a
developing country enrolled at the University or NTID from 100
percent to 50 percent. It also requires the University and NTID
to develop a sliding scale model for tuition surcharge
reduction for international students, from both developing and
non-developing countries, that can demonstrate financial need.
The section also defines ``developing country'' for the
purposes of this section.
Section 912. Research priorities
Section 912 updates correct names of committees where
relevant.
Section 913. Authorization of Appropriations
Section 913 extends the authorization of appropriations for
fiscal year 2008 through 2013.
Part B--United States Institute of Peace Act
Section 921. United States Institute of Peace Act
Section 921 clarifies that 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. It also extends
the authorization of appropriations for the United States
Institute of Peace for fiscal years 2008-13.
Part C--The Higher Education Amendments of 1998
Section 931. Repeals
Section 931 repeals the following sections of Title VII of
the Higher Education Amendments of 1998: part A (Studies), part
C (Community Scholarship Mobilization), part F (Improving U.S.
Understanding of Science, Engineering and Technology in East
Asia), part J (Web Based Education Commission), section 861
(Education Welfare Study) and section 863 (Sense of Congress
Regarding Good Character).
Section 932. Grants to States for workplace and community-transition
training for incarcerated youth offenders
Section 932 amends the Higher Education Amendments of 1998.
It establishes a grant program to provide grants to State
correctional agencies to assist and encourage youth offenders
to acquire functional literacy, life and job skills, through
postsecondary education and employment counseling and other
related services. A youth offender shall be eligible for
participation in a program funded by this grant if he/she is 35
or younger, and is eligible to be released within 5 years. A
youth offender who has been convicted of murder, or of a
criminal offense against a minor or a sexually violent offense,
as the terms are defined in the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration Act, is not
eligible for a grant under this section. An application for a
grant under this section must identify the scope of the
problem, list the educational institution(s), agencies and
businesses that will provide services, describe specific
performance objectives, and evaluation measures, among other
information. State correctional agencies receiving such grants
shall annually report to the Secretary regarding the results of
such evaluations, as well as other objectives or requirements
required by the Secretary; and must provide to each State for
each student eligible not more than $3,000 annually for
tuition, books and essential materials; and $300 annually for
related services. Grant funds made available under this section
shall be allocated among the State via a formula based on the
number of eligible youthful offenders in each State.
Section 933. Underground railroad educational and cultural program
Section 933 extends the authorization of appropriations for
fiscal years 2008 through 2013 for the Underground Railroad
Educational and Cultural Program.
Section 934. Olympic scholarships under the higher education amendments
of 1992
Section 934 extends the authorization of appropriations for
fiscal years 2008 through 2013 for Olympic scholarships under
the Higher Education Amendments of 1998.
Part D--Indian Education
SUBPART 1--TRIBAL COLLEGES AND UNIVERSITIES
Section 941. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978
Section 941 defines ``National Indian Organization'' to
mean an organization that is nationally based, represents a
substantial Indian constituency and has expertise in the fields
of tribally controlled colleges and university and Indian
higher education. ``Indian Student'' means a student who is a
member of an Indian tribe or a biological child of a member of
an Indian tribe, living or deceased.
In a continuing education program, eligible credits shall
be determined as one credit for every 10 contact hours in a
quarter system, or 15 contact hours in the case of an
institution with a semester system. These hours must be
completed in an organized continuing education experience with
responsible sponsorship, capable direction and qualified
instruction, as described by the International Association for
Continuing Education and Training. No more than 10 percent of
the Indian student count of a tribally controlled college or
university shall receive such credits. The section also strikes
the prohibition on credit hours earned by an Indian student not
making satisfactory progress toward a degree or certificate
being taken into account.
To be eligible for grant assistance under this Act, a
tribally controlled college or university must be accredited by
a nationally recognized accrediting agency or association, or
must be making reasonable progress toward accreditation
according to such an agency or association.
The Secretary shall require that contracts for technical
assistance be awarded to an organization designated by the
tribally controlled college or university to be assisted.
The Secretary shall grant to each tribally controlled
college or university with an approved application an amount
equal to the product of multiplying the Indian student count at
such college or university during the academic year preceding
the academic year and $8,000, with the latter adjusted annually
for inflation.
For technical assistance contracts under this section,
authorizes $3.2 million for fiscal year 2008 and 5 succeeding
years. Authorize such sums as shall be necessary for fiscal
year 2008 and the succeeding 5 years for grants to tribally
controlled colleges or universities and the renovation program
and construction of new facilities under this title.
Changes authorized funding level of grants for the
establishment and support of tribal economic development and
education institutes from $2,000,000 per fiscal year to such
sums as may be necessary. Authorizes such funding for fiscal
year 2008 and the succeeding 5 years.
Section 941(j) adds at the end of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801,
et seq.) by adding at the end a new subtitle V on Tribally
Controlled Postsecondary Career and Technical Institutions.
The term ``tribally controlled postsecondary career and
technical institution'' aligns with the definition of the term
in the Carl D. Perkins Career and Technical Education Act.
Subject to the availability of appropriations, for fiscal
year 2008 and each fiscal year thereafter, the Secretary shall
provide funding to the United Tribes Technical College and the
Navajo Technical College to operate postsecondary career and
technical programs for Indian students, so long as the
Secretary determines that those institutions meet the
definition of a ``tribally controlled postsecondary career and
technical institution'' defined herein.
States that this funding shall be provided in a lump sum
payment for each applicable fiscal year. States that, for
fiscal year 2009 and each fiscal year thereafter, the Secretary
shall distribute an amount equal to the greater of either the
appropriated amount for fiscal year 2006 or the appropriated
amount for fiscal year 2008.
If, for any fiscal year, the authorized amount exceeds the
higher of the amount of fiscal year 2006 or fiscal year 2008,
the Secretary shall distribute a portion of the excess amount
to each institution according to each school's proportion of
the aggregate Indian student count of the two institutions the
prior academic year.
States that funds made available under this title shall be
subject to the Indian Self-Determination and Education
Assistance Act. A selected institution may elect to receive
funds in accordance with an agreement between the institution
and the Secretary if the agreement exists on the date of
enactment of the Higher Education Amendments of 2007.
Eligibility for, or receipt of, assistance under this title
shall not preclude the eligibility of the institution to
receive Federal financial assistance under any program of the
Higher Education Act, any program under the Carl D. Perkins
Career and Technical Education Act of 2006, or any other
program that provides a benefit for institutions of higher
education, community colleges or postsecondary educational
institutions.
There are authorized to be appropriated for this new
subsection such sums as may be necessary for fiscal year 2008
and 5 succeeding fiscal years. This is the final portion of the
new Subsection V of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801, et seq.).
Subject to the availability of appropriations, the
Secretary shall make grants to provide support for the
education and training of Indian students to institutions that
are not receiving Federal assistance as of the date on which
the grant is provided under Title I of the Tribally Controlled
College or University Assistance Act of 1978 or the Navajo
Community College Act.
The short title of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 note; Public
Law 95-471) is changed to the ``Tribally Controlled Colleges
and Universities Assistance Act of 1978,'' and clarifies that
any reference in law to the previous short title shall be
considered a reference to the amended Act.
SUBPART 2--NAVAJO HIGHER EDUCATION
Section 945. Short title
Section 945 states that this subpart is entitled the
``Navajo Nation Higher Education Act of 2006.''
Section 946. Reauthorization of Navajo Community College Act
Section 946 amends the purpose of the act so the purpose to
assist the Navajo Nation in providing education to tribe
members through a community college established by the tribe,
known as Dine College.
This section also amends the Navajo Community College Act
to require the Secretary to study the academic facilities needs
of Dine College and report to Congress no later than October
31, 2010. Funds to carry out this section may be drawn from
general administrative appropriations to the Secretary.
This section also authorizes such sums as may be necessary
for fiscal year 2008 and the succeeding 5 fiscal years for
construction activities, including construction of buildings,
water and sewer facilities, roads, information technology and
telecommunications infrastructure, classrooms, and external
structures. Such sums as are necessary shall also be
appropriated to pay the cost of maintenance of the college,
major capital improvements, mandatory payments, supplemental
student services, and to improve and expand the college by
providing higher education programs, career and technical
education, activities relating to the preservation and
protection of the Navajo language, philosophy and culture,
employment and training opportunities, economic development and
community outreach, and a safe learning, working and living
environment.
IX. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE I--GENERAL PROVISIONS \1\
PART A--DEFINITIONS
SEC. 101. [20 U.S.C. 1001] GENERAL DEFINITION OF INSTITUTION OF HIGHER
EDUCATION.
(a) Institution of Higher Education.--* * *
(1) * * *
* * * * * * *
(3) provides an educational program for which the
institution awards a bachelor's degree or provides not
less than a 2-year program that is acceptable for full
credit toward such a degree, or awards a degree that is
acceptable for admission to a graduate or professional
degree program, subject to the review and approval by
the Secretary;
* * * * * * *
(b) Additional Institutions Included.--* * *
(1) * * *
[(2) a public or nonprofit private educational
institution in any State that, in lieu of the
requirement in subsection (a)(1), admits as regular
students persons who are beyond the age of compulsory
school attendance in the State in which the institution
is located.]
(2) a public or nonprofit private educational
institution in any State that, in lieu of the
requirement in subsection (a)(1), admits as regular
students persons--
(A) who are beyond the age of compulsory
school attendance in the State in which the
institution is located; or
(B) who will be dually or concurrently
enrolled in the institution and a secondary
school.
* * * * * * *
SEC. 102. [20 U.S.C. 1002] DEFINITION OF INSTITUTION OF HIGHER
EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS.
(a) Definition of Institution of Higher Education for
Purposes of Title IV Programs.--
* * * * * * *
(1) * * *
(2) Institutions Outside the United States.--
(A) In general.--* * *
(i) * * *
(I)(aa) * * *
* * * * * * *
[(II) the institution has a
clinical training program that
was approved by a State as of
January 1, 1992; or]
(II) the institution has or
had a clinical training program
that was approved by a State as
of January 1, 1992, and has
continuously operated a
clinical training program in
not less than 1 State that is
approved by such State;
* * * * * * *
(b) Proprietary Institution of Higher Education.--
(1) * * *
(A) * * *
* * * * * * *
(D) is accredited by a nationally recognized
accrediting agency or association recognized by
the Secretary pursuant to part H of title IV;
and
(E) has been in existence for at least 2
years[; and].
[(F) has at least 10 percent of the school's
revenues from sources that are not derived from
funds provided under title IV, as determined in
accordance with regulations prescribed by the
Secretary.
[(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 paragraph (1) of section
101(a), admits as regular students persons who are
beyond the age of compulsory school attendance in the
State in which the institution is located.]
(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 persons--
(A) who are beyond the age of compulsory
school attendance in the State in which the
institution is located; or
(B) who will be dually or concurrently
enrolled in the institution and a secondary
school.
* * * * * * *
(c) Postsecondary Vocational Institution.--
(1) * * *
* * * * * * *
[(2) Additional institutions.--The term
``postsecondary vocational institution'' also includes
an educational institution in any State that, in lieu
of the requirement in paragraph (1) of section 101(a),
admits as regular students persons who are beyond the
age of compulsory school attendance in the State in
which the institution is located.]
(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 persons--
(A) who are beyond the age of compulsory
school attendance in the State in which the
institution is located; or
(B) who will be dually or concurrently
enrolled in the institution and a secondary
school.
* * * * * * *
SEC. 103. [20 U.S.C. 1003] ADDITIONAL DEFINITIONS.
In this Act:
(1) 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.
[(1)](2) Combination of institutions of higher
education.--* * *
(3) Critical foreign language.--The term ``critical
foreign language'' means each of the languages
contained in the list of critical languages designated
by the Secretary in the Federal Register on August 2,
1985 (50 Fed. Reg. 149, 31412; promulgated under the
authority of section 212(d) of the Education for
Economic Security Act (repealed by section 2303 of the
Augustus F. Hawkins-Robert Stafford Elementary and
Secondary School Improvement Amendments of 1988)),
except that in the implementation of this definition
with respect to a specific title, the Secretary may set
priorities according to the purposes of such title and
the national security, economic competitiveness, and
educational needs of the United States.
[(2)](4) Department.--* * *
[(3)](5) Disability.--* * *
(6) Distance education.--
(A) In general.--Except as otherwise
provided, the term ``distance education'' means
education that uses 1 or more of the
technologies described in subparagraph (B)--
(i) to deliver instruction to
students who are separated from the
instructor; and
(ii) to support regular and
substantive interaction between the
students and the instructor,
synchronously or asynchronously.
(B) Inclusions.--For the purposes of
subparagraph (A), the technologies used may
include--
(i) the Internet;
(ii) one-way and two-way
transmissions through open broadcast,
closed circuit, cable, microwave,
broadband lines, fiber optics,
satellite, or wireless communications
devices;
(iii) audio conferencing; or
(iv) video cassette, DVDs, and CD-
ROMs, if the cassette, DVDs, and CD-
ROMs are used in a course in
conjunction, with the technologies
listed in clauses (i) through (iii).
[(4)](7) Elementary school.--* * *
[(5)](8) Gifted and talented.--* * *
[(6)](9) Local educational agency.--* * *
[(7)](10) New borrower.--* * *
[(8)](11) Nonprofit.--* * *
(12) 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.
[(9)](13) School or department of divinity.--* * *
* * * * * * *
[(10)](14) Secondary school.--* * *
[(11)](15) Secretary.--* * *
[(12)](16) Service-learning.--* * *
[(13)](17) Special education teacher.--* * *
[(14)](18) State educational agency.--* * *
[(15)](19) State higher education agency.--* * *
[(16)](20) State; freely associated states.--* * *
* * * * * * *
SEC. 112. [20 U.S.C. 1011A] PROTECTION OF STUDENT SPEECH AND
ASSOCIATION RIGHTS.
(a) Protection of Rights.--(1) It is the sense of Congress
that no student attending an institution of higher education on
a full- or part-time basis should, on the basis of
participation in protected speech or protected association, be
excluded from participation in, be denied the benefits of, or
be subjected to discrimination or official sanction under any
education program, activity, or division of the institution
directly or indirectly receiving financial assistance under
this Act, whether or not such program, activity, or division is
sponsored or officially sanctioned by the institution.
(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 colleges and universities have
different missions and each institution should
design its academic program in accordance with
its educational goals;
(C) a college 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.
(b) Construction.--Nothing in this section shall be
construed--
(1) to discourage the imposition of an official
sanction on a student that has willfully participated
in the disruption or attempted disruption of a lecture,
class, speech, presentation, or performance made or
scheduled to be made under the auspices of the
institution of higher education, or provided that the
imposition of such sanction is done objectively and
fairly: or
* * * * * * *
[SEC. 114. [20 U.S.C. 1011C] 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 (hereafter in this section referred to as the
``Committee''), which shall be composed of 15 members appointed
by the Secretary from among individuals who are representatives
of, or knowledgeable concerning, education and training beyond
secondary education, including representatives of all sectors
and types of institutions of higher education (as defined in
section 102), to assess the process of eligibility and
certification of such institutions under title IV and the
provision of financial aid under title IV.
[(b) Terms of Members.--Terms of office of each member of
the Committee shall be 3 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.
[(c) Public Notice.--The Secretary shall--
[(1) annually publish in the Federal Register a list
containing the name of each member of the Committee and
the date of the expiration of the term of office of the
member; and
[(2) publicly solicit nominations for each vacant
position or expiring term of office on the Committee.
[(d) 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) develop and recommend to the Secretary standards
and criteria for specific categories of vocational
training institutions and institutions of higher
education for which there are no recognized accrediting
agencies, associations or State agencies, in order to
establish the eligibility of such institutions on an
interim basis for participation in federally funded
programs;
[(5) 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;
[(6) 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
[(7) carry out such other advisory functions relating
to accreditation and institutional eligibility as the
Secretary may prescribe.
[(e) Meeting Procedures.--The Committee shall meet not less
than twice each year at the call of the Chairperson. The date
of, and agenda for, each meeting of the Committee shall be
submitted in advance to the Secretary for approval. A
representative of the Secretary shall be present at all
meetings of the Committee.
[(f) Report.--Not later than November 30 of each year, the
Committee shall make an annual report through the Secretary to
Congress. The annual report shall contain--
[(1) a list of the members of the Committee and their
addresses;
[(2) a list of the functions of the Committee;
[(3) a list of dates and places of each meeting
during the preceding fiscal year; and
[(4) a summary of the activities, findings and
recommendations made by the Committee during the
preceding fiscal year.
[(g) Termination.--The Committee shall cease to exist on
September 30, 2004.]
SEC. 114. ACCREDITATION AND INSTITUTIONAL QUALITY AND INTEGRITY
COMMITTEE.
(a) Establishment.--There is established in the Department
an Accreditation and Institutional Quality and Integrity
Advisory Committee (in this section referred to as the
``Committee'') to assess the process of accreditation and the
institutional eligibility and certification of such
institutions under title IV.
(b) Membership.--
(1) In general.--The Committee shall have 15 members,
of which--
(A) 5 members shall be appointed by the
Secretary;
(B) 5 members shall be appointed by the
Speaker of the House of Representatives upon
the recommendation of the majority leader and
minority leader of the House of
Representatives; and
(C) 5 members shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the majority leader and
minority leader of the Senate.
(2) Qualifications.--Individuals shall be appointed
as members of the Committee on--
(A) 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, representatives of 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.--The term of office of each
member of the Committee shall be for 6 years, except
that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the
member's predecessor was appointed shall be appointed
for the remainder of such term.
(4) Vacancy.--A vacancy on the Committee shall be
filled in the same manner as the original appointment
was made not later than 90 days after the vacancy
occurred. 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) 2 years for members appointed under
paragraph (1)(A);
(B) 4 years for members appointed under
paragraph (1)(B); and
(C) 6 years for members appointed under
paragraph (1)(C).
(6) Chairperson.--The members of the Committee shall
select a chairperson from among the members.
(c) Functions.--The Committee shall--
(1) advise the Secretary with respect to
establishment and enforcement of the standards of
accrediting agencies or associations under subpart 2 of
part H of title IV;
(2) advise the Secretary with respect to the
recognition of a specific accrediting agency or
association;
(3) advise the Secretary with respect to the
preparation and publication of the list of nationally
recognized accrediting agencies and associations;
(4) advise the Secretary with respect to the
eligibility and certification process for institutions
of higher education under title IV, together with
recommendations for improvements in such process;
(5) advise the Secretary with respect to the
relationship between--
(A) accreditation of institutions of higher
education and the certification and eligibility
of such institutions; and
(B) State licensing responsibilities with
respect to such institutions; and
(6) carry out such other advisory functions relating
to accreditation and institutional eligibility as the
Secretary may prescribe in 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.--
(A) Attendance at meeting.--The Chairperson
shall invite the Secretary's designee to attend
all meetings of the Committee.
(B) Role of designee.--The Secretary's
designee may be present at a Committee meeting
to facilitate the exchange and free flow of
information between the Secretary and the
Committee. The designee shall have no authority
over the agenda of the meeting, the items on
that agenda, or on the resolution of any agenda
item.
(4) Federal advisory committee act.--The provisions
of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the Committee, except that section 14 of
such Act shall not apply.
(e) Report and Notice.--
(1) Notice.--The Secretary shall annually publish in
the Federal Register--
(A) a list containing, for each member of the
Committee--
(i) the member's name;
(ii) the date of the expiration of
the member's term of office; and
(iii) the individual described in
subsection (b)(1) who appointed the
member; and
(B) a solicitation of nominations for each
expiring term of office on the Committee of a
member appointed by the Secretary.
(2) Report.--Not later than September 30 of each
year, the Committee shall make an annual report to the
Secretary, the authorizing committees, and the public.
The annual report shall contain--
(A) a detailed summary of the agenda and
activities of, and the findings and
recommendations made by, the Committee during
the preceding fiscal year;
(B) a list of the date and location of each
meeting during the preceding fiscal year;
(C) a list of the members of the Committee
and appropriate contact information; and
(D) a list of the functions of the Committee,
including any additional functions established
by the Secretary through regulation.
(f) Termination.--The Committee shall terminate on
September 30, 2012.
* * * * * * *
SEC. 120. [20 U.S.C. 1011I] DRUG AND ALCOHOL ABUSE PREVENTION.
(a) Restriction on Eligibility.-- * * *
(1) the annual distribution to each student and
employee of--
(A) * * *
* * * * * * *
(2) a biennial review by the institution of the
institution's program to--
(A) determine the program's effectiveness and
implement changes to the program if the changes
are needed; [and]
(B) determine the number of drug and alcohol-
related incidents and fatalities that--
(i) occur on the institution's
property or as part of any of the
institution's activities; and
(ii) are reported to the institution;
(C) determine the number and type of
sanctions described in paragraph (1)(E) that
are imposed by the institution as a result of
drug and alcohol-related incidents and
fatalities on the institution's property or as
part of any of the institution's activities;
and
[(B)](D) ensure that the sanctions required
by paragraph (1)(E) are consistently enforced.
* * * * * * *
SEC. 121. [20 U.S.C. 1011J] PRIOR RIGHTS AND OBLIGATIONS.
(a) Authorization of Appropriations.--
(1) Pre-1987 parts c and d of title vii.--There are
authorized to be appropriated such sums as may be
necessary for fiscal year [1999 and for each of the 4
succeeding fiscal years] 2008 and for each succeeding
fiscal year to pay obligations incurred prior to 1987
under parts C and of title VII, as such parts were in
effect before the effective date of the Higher
Education Amendments of 1992.
(2) Post-1992 and pre-1998 part c of title vii.--
There are authorized to be appropriated such sums as
may be necessary for fiscal year [1999 and for each of
the 4 succeeding fiscal years] 2008 and for each
succeeding fiscal year to pay obligations incurred
prior to the date of enactment of the Higher Education
Amendments of 1998 under part C of title VII, as such
part was in effect during the period--
* * * * * * *
PART C--COST OF HIGHER EDUCATION
SEC. 131. [20 U.S.C. 1015] IMPROVEMENTS IN MARKET INFORMATION AND
PUBLIC ACCOUNTABILITY IN HIGHER EDUCATION.
(a) Improved Data Collection.--
(1) * * *
* * * * * * *
(3) Information to institutions.--The Commissioner of
Education Statistics shall--
(A) * * *
* * * * * * *
(B) not later than 90 days after the date of
enactment of the Higher Education Amendments of
1998, report the definitions to each
institution of higher education and within a
reasonable period of time thereafter inform the
[Committee on Labor and Human Resources of the
Senate and the Committee on Education and the
Workforce of the House of Representatives]
authorizing committees of those definitions;
and
* * * * * * *
SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
(a) Net Price.--In this section, the term ``net price''
means the average yearly tuition and fees paid by a full-time
undergraduate student at an institution of higher education,
after discounts and grants from the institution, Federal
Government, or a State have been applied to the full price of
tuition and fees at the institution.
(b) Higher Education Price Index.--
(1) In general.--Not later than 1 year after the date
of enactment of the Higher Education Amendments of
2007, the Commission of the Bureau of Labor Statistics,
in consultation with the Commissioner of Education
Statistics and representatives of institutions of
higher education, shall develop higher education price
indices that accurately reflect the annual change in
tuition and fees for undergraduate students in the
categories of institutions listed in paragraph (2).
Such indices shall be updated annually.
(2) Development.--The higher education price index
under paragraph (1) shall be developed for each of the
following categories:
(A) 4-year public degree-granting
institutions of higher education.
(B) 4-year private degree-granting
institutions of higher education.
(C) 2-year public degree-granting
institutions of higher education.
(D) 2-year private degree-granting
institutions of higher education.
(E) Less than 2-year institutions of higher
education.
(F) All types of institutions described in
subparagraphs (A) through (E).
(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such suns as may be necessary.
(c) Reporting.--
(1) In general.--The Secretary shall annually report,
in a national list and in a list for each State, a
ranking of institutions of higher education according
to such institutions' change in tuition and fees over
the preceding 2 years. The purpose of such lists is to
provide consumers with general information on pricing
trends among institutions of higher education
nationally and in each State.
(2) Compilation.--
(A) In general.--The lists described in
paragraph (1) shall be compiled according to
the following categories:
(i) 4-year public institutions of
higher education.
(ii) 4-year private, nonprofit
institutions of higher education.
(iii) 4-year private, for-profit
institutions of higher education.
(iv) 2-year public institutions of
higher education.
(v) 2-year private, nonprofit
institutions of higher education.
(vi) 2-year private, for-profit
institutions of higher education.
(vii) Less than 2-year public
institutions of higher education.
(viii) Less than 2-year private,
nonprofit institutions of higher
education.
(ix) Less than 2-year private, for-
profit institutions of higher
education.
(B) Percentage and dollar change.--The lists
described in paragraph (1) shall include 2
lists for each of the categories under
subparagraph (A) as follows:
(i) 1 list in which data is compiled
by percentage change in tuition and
fees over the preceding 2 years.
(ii) 1 list in which data is compiled
by dollar change in tuition and fees
over the preceding 2 years.
(3) Higher education price increase watch lists.--
Upon completion of the development of the higher
education price indices described in paragraph (1), the
Secretary shall annually report, in a national list,
and in a list for each State, a ranking of each
institution of higher education whose tuition and fees
outpace such institution's applicable higher education
price index described in subsection (b). Such lists
shall--
(A) be known as the ``Higher Education Price
Increase Watch List'';
(B) report the full price of tuition and fees
at the institution and the net price;
(C) where applicable, report the average
price of room and board for students living on
campus at the institution, except that such
price shall not be used in determining whether
an institution's cost outpaces such
institution's applicable higher education price
index; and
(D) be compiled by the Secretary in a public
document to be widely published and
disseminated in paper form and through the
website of the Department.
(4) State higher education appropriations chart.--The
Secretary shall annually report, in charts for each
State--
(A) a comparison of the percentage change in
State appropriations per enrolled student in a
public institution of higher education in the
State to the percentage change in tuition and
fees for each public institution of higher
education in the State for each of the previous
5 years; and
(B) the total amount of need-based and merit-
based aid provided by the State to students
enrolled in a public institution of higher
education in the State.
(5) Sharing of information.--The Secretary shall,
share the information under paragraphs (1) through (4)
with the public, including with private sector college
guidebook publishers.
(d) Net Price Calculator.--
(1) Development.--Not later than 1 year after the
date of enactment of the Higher Education Amendments of
2007, the Secretary shall, in consultation with
institutions of higher education, develop and make
several model net price calculators to help students,
families, and consumers determine the net price of an
institution of higher education, which institutions of
higher education may, at their discretion, elect to use
pursuant to paragraph (3).
(2) Categories.--The model net price calculators
described in paragraph (1) shall be developed for each
of the following categories:
(A) 4-year public institutions of higher
education.
(B) 4-year private, nonprofit institutions of
higher education.
(C) 4-year private, for-profit institutions
of higher education.
(D) 2-year public institutions of higher
education.
(E) 2-year private, nonprofit institutions of
higher education.
(F) 2-year private, for-profit institutions
of higher education.
(G) Less than 2-year public institutions of
higher education.
(H) Less than 2-year private, nonprofit
institutions of higher education.
(I) Less than 2-year private, for-profit
institutions of higher education.
(3) Use of net price calculator by institutions.--Not
later than 3 years after the date of enactment of the
Higher Education Amendments of 2007, each institution
of higher education that receives Federal funds under
this Act shall adopt and use a net price calculator to
help students, families, and other consumers determine
the net price of such institution of higher education.
Such calculator may be--
(A) based on a model calculator developed by
the Department; or
(B) developed by the institution of higher
education.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as may be necessary.
(e) Net Price Reporting in Application Information.--An
institution of higher education that receives Federal funds
under this Act shall include, in the materials accompanying an
application for admission to the institution, the most recent
information regarding the net price of the institution,
calculated for each quartile of students based on the income of
either the students' parents or, in the case of independent
students (as such term is described in section 480), of the
students, for each of the 2 academic years preceding the
academic year for which the application is produced.
(f) Enhanced College Information Website.--
(1) In general.--
(A) In general.--Not later than 90 days after
the date of enactment of the Higher Education
Amendments of 2007, the Secretary shall
contract with an independent organization with
demonstrated experience in the development of
consumer-friendly websites to develop
improvements to the website known as the
College Opportunities On-Line (COOL) so that it
better meets the needs of students, families,
and consumers for accurate and appropriate
information on institutions of higher
education.
(B) Implementations.--Not later than 1 year
after the date of enactment of the Higher
Education Amendments of 2007, the Secretary
shall implement the improvements developed by
the independent organization described under
subparagraph (A) to the college information
website.
(2) University and college accountability network.--
Not later than 1 year after the date of enactment of
the Higher Education Amendments of 2007, the Secretary
shall develop a model document for annually reporting
basic information about an institution of higher
education that chooses to participate, to be posted on
the college information website and made available to
institutions of higher education, students, families,
and other consumers. Such document shall be known as
the ``University and College Accountability Network''
(U-CAN), and shall include, the following information
about the institution of higher education for the most
recent academic year for which the institution has
available data, presented in a consumer-friendly
manner:
(A) A statement of the institution's mission
and specialties.
(B) The total number of undergraduate
students who applied, were admitted, and
enrolled at the institution.
(C) Where applicable, reading, writing,
mathematics, and combined scores on the SAT or
ACT for the middle 50 percent range of the
institution's freshman class.
(D) Enrollment of full-time, part-time, and
transfer students at the institution, at the
undergraduate and (where applicable) graduate
levels.
(E) Percentage of male and female
undergraduate students enrolled at the
institution.
(F) Percentage of enrolled undergraduate
students from the State in which the
institution is located, from other States, and
from other countries.
(G) Percentage of enrolled undergraduate
students at the institution by race and ethnic
background.
(H) Retention rates for full-time and part-
time first-time first-year undergraduate
students enrolled at the institution.
(I) Average time to degree or certificate
completion for first-time, first-year
undergraduate students enrolled at the
institution.
(J) Percentage of enrolled undergraduate
students who graduate within 2 years (in the
case of 2-year institutions), and 4, 5 and 6
years (in the case of 2- and 4-year
institutions).
(K) Number of students who obtained a
certificate or an associate's, bachelor's,
master's, or doctoral degree at the
institution.
(L) The undergraduate major areas of study
with the highest number of degrees awarded.
(M) The student-faculty ratio, and number of
full-time, part-time, and adjunct faculty at
the institution.
(N) Percentage of faculty at the institution
with the highest degree in their field.
(O) The percentage change in total price in
tuition and fees and the net price for an
undergraduate at the institution in each of the
preceding 5 academic years.
(P) The total average yearly cost of tuition
and fees, room and board, and books and other
related costs for an undergraduate student
enrolled at the institution, for--
(i) full-time undergraduate students
living on campus;
(ii) full-time undergraduate students
living off-campus; and
(iii) in the case of students
attending a public institution of
higher education, such costs for in-
State and out-of-State students living
on and off-campus.
(Q) The average yearly grant amount
(including Federal, State, and institutional
aid) for a student enrolled at the institution.
(R) The average yearly amount of Federal
student loans, and other loans provided through
the institution, to undergraduate students
enrolled at the institution.
(S) The total yearly grant aid available to
undergraduate students enrolled at the
institution, from the Federal Government, a
State, the institution, and other sources.
(T) The percentage of undergraduate students
enrolled at the institution receiving Federal,
State, and institutional grants, student loans,
and any other type of student financial
assistance provided publicly or through the
institution, such as Federal work-study funds.
(U) The average net price for all
undergraduate students enrolled at the
institution.
(V) The percentage of first-year
undergraduate students enrolled at the
institution who live on campus and off campus.
(W) Information on the policies of the
institution related to transfer of credit from
other institutions.
(X) Information on campus safety required to
be collected under section 485(f).
(Y) Links to the appropriate sections of the
institution's website that provide information
on student activities offered by the
institution, such as intercollegiate sports,
student organizations, study abroad
opportunities, intramural and club sports,
specialized housing options, community service
opportunities, cultural and arts opportunities
on campus, religious and spiritual lift on
campus, and lectures and outside learning
opportunities.
(Z) Links to the appropriate sections of the
institution's website that provide information
on services offered by the institution to
students during and after college, such as
internship opportunities, career and placement
services, and preparation for further
education.
(3) Consultation.--The Secretary shall ensure that
current and prospective college students, family
members of such students, and institutions of higher
education are consulted in carrying out paragraphs (1)
and (2).
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as may be necessary.
(g) GAO Report.--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 (IPEDS), which study shall--
(A) report on the time and cost burden of
completing the IPEDS survey for 4-year, 2-year,
and less than 2-year institutions of higher
education; and
(B) present recommendations for reducing such
burden;
(2) not later than 1 year after the date of enactment
of the Higher Education Amendments of 2007, submit to
Congress a preliminary report regarding the findings of
the study described in paragraph (1); and
(3) not later than 2 years after the date of
enactment of the Higher Education Amendments of 2007,
submit to Congress a final report regarding such
findings.
* * * * * * *
SEC. 133. DATABASE OF STUDENT INFORMATION PROHIBITED.
(a) Prohibition.--Except as described in (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
affect the loan obligation enforcement activities described in
section 485B.
(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. 134. CLEAR AND EASY-TO-FIND INFORMATION ON STUDENT FINANCIAL AID.
(a) Prominent Display.--The Secretary shall ensure that a
link to current student financial aid information is displayed
prominently on the home page of the Department website.
(b) Enhanced Student Financial Aid Information.--
(1) In general.--Not later than 180 days after the
date of enactment of the Higher Education Amendments of
2007, the Secretary shall contract with an independent
organization with demonstrated expertise in the
development of consumer-friendly websites to develop
improvements to the usefulness and accessibility of the
information provided by the Department on college
financial planning and student financial aid.
(2) Implementation.--Not later than 1 year after the
date of enactment of the Higher Education Amendments of
2007, the Secretary shall implement the improvements
developed by the independent organization described
under paragraph (1) to the college financial planning
and student financial aid website of the Department.
(3) Dissemination.--The Secretary shall make the
availability of the information on the website widely
known through a major media campaign and other forms of
communication.
* * * * * * *
PART D--ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT FINANCIAL
ASSISTANCE
SEC. 141. [20 U.S.C. 1018] PERFORMANCE-BASED ORGANIZATION FOR THE
DELIVERY OF FEDERAL STUDENT FINANCIAL ASSISTANCE.
(a) Establishment and Purpose.--
(1) Establishment.--There is established in the
Department a Performance-Based Organization (hereafter
referred to as the ``PBO'') which shall be a discrete
management unit responsible for managing the
[operational]administrative and oversight functions
supporting the programs authorized under title IV of
this Act, as specified in subsection (b).
(2) * * *
(A) * * *
* * * * * * *
(D) to provide greater flexibility in the
management [of the operational functions]and
administration of the Federal student financial
assistance programs;
* * * * * * *
(b) General Authority.--
(1) * * *
(A) request the advice of, and work in
cooperation with, the Chief Operating Officer
in developing regulations, policies,
administrative guidance, or procedures
affecting [the information systems administered
by the PBO, and other functions performed by
the PBO]the Federal student financial
assistance programs authorized under title IV;
* * * * * * *
[(C) assist the Chief Operating Officer in
identifying goals for the administration and
modernization of the delivery system for
student financial assistance under title IV.]
(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.
(2) PBO functions.--Subject to paragraph (1), the PBO
shall be responsible for [administration of the
information and financial systems that support]the
administration of Federal student financial assistance
programs authorized under this title, excluding the
development of policy relating to such programs but
including the following:
(A) The administrative, accounting, and
financial management functions [of the delivery
system for Federal student assistance],for the
Federal student assistance programs authorized
under title IV, including--
[(i) the collection, processing and
transmission of applicant data to
students, institutions and authorized
third parties, as provided for in
section 483;
[(ii) design and technical
specifications for software development
and systems supporting the delivery of
student financial assistance under
title IV;]
(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 student financial assistance
programs authorized under title IV;
(iii) all software and hardware
acquisitions and all information
technology contracts related to the
[delivery]administration and management
of student financial assistance under
title IV;
(iv) all aspects of contracting for
the information and financial systems
supporting the student financial
assistance programs under this title;
[and]
(v) providing all customer service,
training, and user support related to
[systems that support those
programs.]the administration of the
Federal student assistance programs
authorized under title IV; and
(vi) ensuring the integrity of the
student assistance programs authorized
under title IV.
(B) Annual development of a budget for the
[operations and services]activities and
functions of the PBO, in consultation with the
Secretary, and for consideration and inclusion
in the Department's annual budget submission.
* * * * * * *
(c) [Performance Plan and Report]Performance Plan, Report,
and Briefing.--
(1) Performance Plan.--
(A) In general.--* * *
* * * * * * *
(C) Areas.--* * *
(i) * * *
* * * * * * *
(iii) Improvement and integration of
support systems.--Improving and
integrating the [information and
delivery] systems that support those
programs.
(iv) Delivery and information
system.--[Developing an]Developing
open, common, and integrated [delivery
and information system]systems for
programs authorized under this title.
(v) * * *
(2) Annual report.--* * *
(A) An independent financial audit of the
expenditures of both the PBO and the programs
administered by the PBO.
(B) Financial and performance requirements
applicable to the PBO under the Chief Financial
[Officer]Officers Act of 1990 and the
Government Performance and Results Act of 1993.
* * * * * * *
(3) Consultation with stakeholders.--The Chief
Operating Officer, in preparing the report described in
paragraph (2), shall establish appropriate means to
consult with students, borrowers, institutions,
lenders, guaranty agencies, secondary markets, and
others involved in the delivery system of student aid
under this title--
* * * * * * *
(4) Briefing on enforcement of student loan
provisions.--The Chief Operating Officer shall provide
an annual briefing to the members of the authorizing
committees on the steps the PBO has taken and is taking
to ensure that lenders are providing the information
required under clauses (iii) and (iv) of section
428(c)(3)(C) and sections 428(b)(1)(Z) and
428C(b)(1)(F).
(d) Chief Operating Officer.--
(1) Appointment.--The management of the PBO shall be
vested in a Chief Operating Officer who shall be
appointed by the Secretary to a term of not less than 3
and not more than 5 years, and compensated without
regard to chapters 33, 51, and 53 of title 5, United
States Code. [The Secretary shall appoint the Chief
Operating Officer within 6 months after the date of
enactment of the Higher Education Amendments of 1998.]
The appointment shall be made on the basis of
demonstrated management ability and expertise in
information technology, including experience with
financial systems, and without regard to political
affiliation or activity.
* * * * * * *
(4) Performance agreement.--
(A) In general.--* * *
(B) Transmittal.--The final agreement, and
any revision to the final agreement, shall be
transmitted to the [Committee on Education and
the Workforce of the House of Representatives
and the Committee on Labor and Human Resources
of the Senate]authorizing committees, and made
publicly available.
(5) Compensation.--
(A) In general.--* * *
(B) Bonus.--In addition, the Chief Operating
Officer may receive a bonus in an amount that
does not exceed 50 percent of such annual rate
of basic pay, based upon the Secretary's
evaluation of the Chief Operating Officer's
performance in relation to the goals set forth
in the performance agreement described in
[paragraph (2)]paragraph (4).
(C) Payment.--Payment of a bonus under [this]
subparagraph (B) may be made to the Chief
Operating Officer only to the extent that such
payment does not cause the Chief Operating
Officer's total aggregate compensation in a
calendar year to equal or exceed the amount of
the President's salary under section 102 of
title 3, United States Code.
* * * * * * *
(f) Student Loan Ombudsman.--
(1) * * *
(2) Public information.--The Chief Operating Officer
shall disseminate information about the availability
and functions of the Ombudsman [to borrowers]to
students, borrowers, and potential borrowers, as well
as institutions of higher education, lenders, guaranty
agencies, loan servicers, and other participants in
those student loan programs.
(3) Functions of ombudsman.--The ombudsman shall--
(A) in accordance with regulations of the
Secretary, receive, review, and attempt to
resolve informally complaints from borrowers of
loans described in paragraph (1), including, as
appropriate, attempts to resolve such
complaints within the Department of Education
and with institutions of higher education,
lenders, guaranty agencies, loan servicers, and
other participants in the loan programs
described in paragraph [(1)(A)](1); and
* * * * * * *
(g) Personnel Flexibility.--
(1) * * *
(2) * * *
(3) Excepted service.--The Chief Operating Officer
may appoint, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, [not more than 25] technical and
professional employees to administer the functions of
the PBO. These employees may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates.
(h) Establishment of a Fair and Equitable System for
Measuring Staff Performance.--The PBO shall establish an annual
performance management system, subject to compliance with title
5, United States Code and consistent with applicable provisions
of law and regulations, which strengthens the [organizational
effectiveness]effectiveness of the PBO by providing for
establishing goals or objectives for individual, group, or
organizational performance (or any combination thereof),
consistent with the performance plan of the PBO and it
performance planning procedures, including those established
under the Government Performance and Results Act of 1993, and
communicating such goals or objectives to employees.
[(i) Report.--The Secretary and the Chief Operating
Officer, not later than 180 days after the date of enactment of
the Higher Education Amendments of 1998, shall report to
Congress on the proposed budget and sources of funding for the
operation of the PBO.]
[(j)](i) Authorization of Appropriations.--The Secretary
shall allocate from funds made available under section 458 such
funds as are appropriate to the functions assumed by the PBO.
In addition, there are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this part[,
including transition costs].
* * * * * * *
SEC. 142. [20 U.S.C. 1018A] PROCUREMENT FLEXIBILITY.
(a) Procurement authority.--* * *
(b) In General.--* * *
(1) enter into contracts [for information systems
supporting the programs authorized under title IV] to
carry out the functions set forth in section 141(b)(2);
[and]
(2) obtain the services of experts and consultants
without regard to section 3109 of title 5, United
States Code and set pay in accordance with such
section[.]; and
(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.
(c) Service Contracts.--
(1) * * *
[(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 title IV delivery system from
any entity that has the capability and capacity to meet
the requirements for the system. The Chief Operating
Officer is authorized to pay fees that are equivalent
to those paid by other entities to an organization that
provides an information system or service that meets
the requirements of the PBO, as determined by the Chief
Operating Officer.]
(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.
(d) Two-Phase Source-Selection Procedures.--
(1) In general.--* * *
(2) * * *
(A) * * *
* * * * * * *
(B) Information submitted by offerors.--Each
offeror for the procurement shall submit basic
information, such as information on the
offeror's qualifications, the proposed
conceptual approach, costs likely to be
associated with the proposed conceptual
approach, and past performance of the
offeror[on Federal Government contracts],
together with any additional information that
is requested by the contracting officer.
* * * * * * *
(g) Modular Contracting.--
(1) In general.--* * *
* * * * * * *
(4) Procedures.-- * * *
(A) [Sole source.--]Single-source basis._
Award of the contract on a [sole-
source].single-source basis to a contractor who
was awarded a contract for a module previously
procured for the system under competitive
procedures or procedures authorized under
subparagraph (B).
* * * * * * *
(7) Simplified source-selection procedures.--The PBO
may award a contract under any other simplified
procedures prescribed by the PBO for the selection of
sources for the procurement of modules for a system,
after the first module, that are not to be procured
under a contract awarded on a [sole-source]single-
source basis.
(h) Use of Simplified Procedures for Small Business Set-
Asides for Services Other Than Commercial Items.--
(1) * * *
* * * * * * *
(2) Inapplicability to certain procurements.--* * *
(A) an award of a contract on a [sole-
source]single-source basis; or
* * * * * * *
(l) Definitions.--In this section:
(1) * * *
* * * * * * *
[(3) Sole-source basis.--The term ``sole-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 that source.]
(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.
* * * * * * *
PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL
LOANS
SEC. 151. DEFINITIONS.
In this part:
(1) Cost of attendance.--The term ``cost of
attendance'' has the meaning given the term in section
472.
(2) Covered institution.--The term ``covered
institution''--
(A) means any educational institution that
offers a postsecondary educational degree,
certificate, or program of study (including any
institution of higher education, as such term
is defined in section 102) and receives any
Federal funding or assistance; and
(B) includes any employee or agent of the
educational institution or any organization or
entity affiliated with, or directly or
indirectly controlled by, such institution.
(3) Educational loan.--The term ``educational loan''
means any loan made, insured, or guaranteed under title
IV.
(4) Educational loan arrangement.--The term
``educational loan arrangement'' means an arrangement
or agreement between a lender and a covered
institution--
(A) under which arrangement or agreement a
lender provides or otherwise issues educational
loans to the students attending the covered
institution or the parents of such students;
and
(B) which arrangement or agreement--
(i) relates to the covered
institution recommending, promoting,
endorsing, or using educational loans
of the lender; and
(ii) involves the payment of any fee
or provision of other material benefit
by the lender to the institution or to
groups of students who attend the
institution.
(5) Lender.--The term ``lender''--
(A) means--
(i) any lender--
(I) of a loan made, insured,
or guaranteed under part B of
title IV; and
(II) that is a financial
institution, as such term is
defined in section 509 of the
Gramm-Leach-Bliley Act (15
U.S.C. 6809); and
(ii) in the case of any loan issued
or provided to a student under part D
of title IV, the Secretary; and
(B) includes any individual, group, or entity
acting on behalf of the lender in connection
with an educational loan.
(6) Officer.--The term ``officer'' includes a
director or trustee of an institution.
SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN
EDUCATIONAL LOAN ARRANGEMENTS.
(a) Use of Lender Name.--A covered institution that enters
into an educational loan arrangement shall disclose the name of
the lender in documentation related to the loan.
(b) Disclosures.--
(1) Disclosures by lenders.--Before a lender issues
or otherwise provides an educational loan to a student,
the lender shall provide the student, in writing, with
the disclosures described in paragraph (2).
(2) Disclosures.--The disclosures required by this
paragraph shall include a clear and prominent
statement--
(A) of the interest rates of the educational
loan being offered;
(B) showing sample educational loan costs,
disaggregated by type;
(C) that describes, with respect to each type
of educational loan being offered--
(i) the types of repayment plans that
are available;
(ii) whether; and under what
conditions, early repayment may be made
without penalty;
(iii) when and how often interest on
the loan will be capitalized;
(iv) the terms and conditions of
deferments or forbearance;
(v) all available repayment benefits,
the percentage of all borrowers who
qualify for such benefits, and the
percentage of borrowers who received
such benefits in the preceding academic
year, for each type of loan being
offered;
(vi) the collection practices in the
case of default; and
(vii) all fees that the borrower may
be charged, including late payment
penalties and associated fees; and
(D) of such other information as the
Secretary may require in regulations.
(c) Disclosures to the Secretary by Lender.--
(1) In general.--Each lender shall, on an annual
basis, report to the Secretary any reasonable expenses
paid or given under section 435(d)(5)(D),
487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any employee
who is employed in the financial aid office of a
covered institution, or who otherwise has
responsibilities with respect to educational loans or
other financial aid of the institution. Such reports
shall include--
(A) the amount of each specific instance in
which the lender provided such reimbursement;
(B) the name of the financial aid official or
other employee to whom the reimbursement was
made;
(C) the dates of the activity for which the
reimbursement was made; and
(D) a brief description of the activity for
which the reimbursement was made.
(2) Report to congress.--The Secretary shall compile
the information in paragraph (1) in a report and
transmit such report to the authorizing committees
annually.
SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS
PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTS.
(a) Secretary Duties.--
(1) Report and model format.--Not later than 180 days
after the date of enactment of the Higher Education
Amendments of 2007, the Secretary shall--
(A) prepare a report on the adequacy of the
information provided to students and the
parents of such students about educational
loans, after consulting with students,
representatives of covered institutions
(including financial aid administrators,
registrars, and business officers), lenders,
loan servicers, and guaranty agencies;
(B) include in the report a model format,
based on the report's findings, to be used by
lenders and covered institutions in carrying
out subsections (b) and (c)--
(i) that provides information on the
applicable interest rates and other
terms and conditions of the educational
loans provided by a lender to students
attending the institution, or the
parents of such students, disaggregated
by each type of educational loans
provided to such students or parents by
the lender, including--
(I) the interest rate and
terms and conditions of the
loans offered by the lender for
the upcoming academic year;
(II) with respect to such
loans, any benefits that are
contingent on the repayment
behavior of the borrower;
(III) the average amount
borrowed from the lender by
students enrolled in the
institution who obtain loans of
such type from the lender for
the preceding academic year;
(IV) the average interest
rate on such loans provided to
such students for the preceding
academic year; and
(V) the amount that the
borrower may repay in interest,
based on the standard repayment
period of a loan, on the
average amount borrowed from
the lender by students enrolled
in the institution who obtain
loans of such type from the
lender for the preceding
academic year; and
(ii) which format shall be easily
usable by lenders, institutions,
guaranty agencies, loan servicers,
parents, and students; and
(C)(i) submit the report and model format to
the authorizing committees; and
(ii) make the report and model format
available to covered institutions, lenders, and
the public.
(2) Use of form.--The Secretary shall take such steps
as necessary to make the model format available to
covered institutions and to encourage--
(A) lenders subject to subsection (b) to use
the model format in providing the information
required under subsection (b); and
(B) covered institutions to use such format
in preparing the information report under
subsection (c).
(b) Lender Duties.--Each lender that has an educational
loan arrangement with a covered institution shall annually, by
a date determined by the Secretary, provide to the covered
institution and to the Secretary the information included on
the model format for each type of educational loan provided by
the lender to students attending the covered institution, or
the parents of such students, for the preceding academic year.
(c) Covered Institution Duties.--Each covered institution
shall--
(1) prepare and submit to the Secretary an annual
report, by a date determined by the Secretary, that
includes, for each lender that has an educational loan
arrangement with the covered institution and that has
submitted to the institution the information required
under subsection (b)--
(A) the information included on the model
format for each type of educational loan
provided by the lender to students attending
the covered institution, or the parents of such
students; and
(B) a detailed explanation of why the covered
institution believes the terms and conditions
of each type of educational loan provided
pursuant to the agreement are beneficial for
students attending the covered institution, or
the parents of such students; and
(2) ensure that the report required under paragraph
(1) is made available to the public and provided to
students attending or planning to attend the covered
institution, and the parents of such students, in time
for the student or parent to take such information into
account before applying for or selecting an educational
loan.
* * * * * * *
TITLE II--TEACHER QUALITY ENHANCEMENT
[PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND PARTNERSHIPS
[SEC. 201. [20 U.S.C. 1021] PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this part are to--
[(1) improve student achievement;
[(2) improve the quality of the current and future
teaching force by improving the preparation of
prospective teachers and enhancing professional
development activities;
[(3) hold institutions of higher education
accountable for preparing teachers who have the
necessary teaching skills and are highly competent in
the academic content areas in which the teachers plan
to teach, such as mathematics, science, English,
foreign languages, history, economics, art, civics,
Government, and geography, including training in the
effective uses of technology in the classroom; and
[(4) recruit highly qualified individuals, including
individuals from other occupations, into the teaching
force.
[(b) Definitions.--In this part:
[(1) Arts and sciences.--The term ``arts and
sciences'' means--
[(A) when referring to an organizational unit
of an institution of higher education, any
academic unit that offers 1 or more academic
majors in disciplines or content areas
corresponding to the academic subject matter
areas in which teachers provide instruction;
and
[(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and science organizational unit.
[(2) High need local educational agency.--The term
``high need local educational agency'' means a local
educational agency that serves an elementary school or
secondary school located in area in an which there is--
[(A) a high percentage of individuals from
families with incomes below the poverty line;
[(B) a high percentage of secondary school
teachers not teaching in the content area in
which the teachers were trained to teach; or
[(C) a high teacher turnover rate.
[(3) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
[SEC. 202. [20 U.S.C. 1022] STATE GRANTS.
[(a) In General.--From amounts made available under section
210(1) for a fiscal year, the Secretary is authorized to award
grants under this section, on a competitive basis, to eligible
States to enable the eligible States to carry out the
activities described in subsection (d).
[(b) Eligible State.--
[(1) Definition.--In this part, the term ``eligible
State'' means--
[(A) the Governor of a State; or
[(B) in the case of a State for which the
constitution or law of such State designates
another individual, entity, or agency in the
State to be responsible for teacher
certification and preparation activity, such
individual, entity, or agency.
[(2) Consultation.--The Governor and the individual,
entity, or agency designated under paragraph (1) shall
consult with the Governor, State board of education,
State educational agency, or State agency for higher
education, as appropriate, with respect to the
activities assisted under this section.
[(3) Construction.--Nothing in this subsection shall
be construed to negate or supersede the legal authority
under State law of any State agency, State entity, or
State public official over programs that are under the
jurisdiction of the agency, entity, or official.
[(c) Application.--To be eligible to receive a grant under
this section, an eligible State shall, at the time of the
initial grant application, submit an application to the
Secretary that--
[(l) meets the requirement of this section;
[(2) includes a description of how the eligible State
intends to use funds provided under this section; and
[(3) contains such other information and assurances
as the Secretary may require.
[(d) Uses of Funds.--An eligible State that receives a
grant under this section shall use the grant funds to reform
teacher preparation requirements, and to ensure that current
and future teachers possess the necessary teaching skills and
academic content knowledge in the subject areas in which the
teachers are assigned to teach, by carrying out 1 or more of
the following activities:
[(1) Reforms.--Implementing reforms that hold
institutions of higher education with teacher
preparation programs accountable for preparing teachers
who are highly competent in the academic content areas
in which the teachers plan to teach, and possess strong
teaching skills, which may include the use of rigorous
subject matter competency tests and the requirement
that a teacher have an academic major in the subject
area, or related discipline, in which the teacher plans
to teach.
[(2) Certification or licensure requirements.--
Reforming teacher certification or licensure
requirements to ensure that teachers have the necessary
teaching skills and academic content knowledge in the
subject areas in which teachers are assigned to teach.
[(3) Alternatives to traditional preparation for
teaching.--Providing prospective teachers with
alternatives to traditional preparation for teaching
through programs at colleges of arts and sciences or at
nonprofit educational organizations.
[(4) Alternative routes to state certification.--
Carrying out programs that--
[(A) include support during the initial
teaching experience; and
[(B) establish, expand, or improve
alternative routes to State certification of
teachers for highly qualified individuals,
including mid-career professionals from other
occupations, paraprofessionals, former military
personnel and recent college graduates with
records of academic distinction.
[(5) Recruitment; pay; removal.--Developing and
implementing effective mechanisms to ensure that local
educational agencies and schools are able to
effectively recruit highly qualified teachers, to
financially reward those teachers and principals whose
students have made significant progress toward high
academic performance, such as through performance-based
compensation systems and access to ongoing professional
development opportunities for teachers and
administrators, and to expeditiously remove incompetent
or unqualified teachers consistent with procedures to
ensure due process for the teachers.
[(6) Social promotion.--Development and
implementation of efforts to address the problem of
social promotion and to prepare teachers to effectively
address the issues raised by ending the practice of
social promotion.
[(7) Recruitment.--Activities described in section
204(d).
[SEC. 203. [20 U.S.C. 1023] PARTNERSHIP GRANTS.
[(a) Grants.--From amounts made available under section
210(2) for a fiscal year, the Secretary is authorized to award
grants under this section, on a competitive basis, to eligible
partnerships to enable the eligible partnerships to carry out
the activities described in subsections (d) and (e).
[(b) Definitions.--
[(1) Eligible partnerships.--In this part, the term
``eligible partnerships'' means an entity that--
[(A) shall include--
[(i) a partner institution;
[(ii) a school of arts and sciences;
and
[(iii) a high need local educational
agency; and
[(B) may include a Governor, State
educational agency, the State board of
education, the State agency for higher
education, an institution of higher education
not described in subparagraph (A), a public
charter school, a public or private elementary
school or secondary school, a public or private
nonprofit educational organization, a business,
a teacher organization, or a prekindergarten
program.
[(2) Partner institution.--In this section, the term
``partner institution'' means a private independent or
State-supported public institution of higher education,
the teacher training program of which demonstrates
that--
[(A) graduates from the teacher training
program 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 or areas
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
207(b); and
[(II) using the State report
card on teacher preparation
required under section 207(b),
after the first publication of
such report card and for every
year thereafter; or
[(B) the teacher training program requires
all the students of the program to participate
in intensive clinical experience, to meet high
academic standards, and--
[(i) in the case of secondary school
candidates, to successfully complete an
academic major in the subject area in
which the candidate intends to teach or
to demonstrate competence through a
high level of performance in relevant
content areas; and
[(ii) in the case of elementary
school candidates, to successfully
complete an academic major in the arts
and sciences or to demonstrate
competence through a high level of
performance in core academic subject
areas.
[(c) 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--
[(1) contain a needs assessment of all the partners
with respect to teaching and learning and a description
of how the partnership will coordinate with other
teacher training or professional development programs,
and how the activities of the partnership will be
consistent with State, local, and other education
reform activities that promote student achievement;
[(2) contain a resource assessment that describes the
resources available to the partnership, the intended
use of the grant funds, including a description of how
the grant funds will be fairly distributed in
accordance with subsection (f), and the commitment of
the resources of the partnership to the activities
assisted under this part, including financial support,
faculty participation, time commitments, and
continuation of the activities when the grant ends; and
[(3) contain a description of--
[(A) how the partnership will meet the
purposes of this part;
[(B) how the partnership will carry out the
activities required under subsection (d) and
any permissible activities under subsection
(e); and
[(C) the partnership's evaluation plan
pursuant to section 206(b).
[(d) Required Uses of Funds.--An eligible partnership that
receives a grant under this section shall use the grant funds
to carry out the following activities:
[(1) Reforms.--Implementing reforms within teacher
preparation programs to hold the programs accountable
for preparing teachers who are highly competent in the
academic content areas in which the teachers plan to
teach, and for promoting strong teaching skills,
including working with a school of arts and sciences
and integrating reliable research-based teaching
methods into the curriculum, which curriculum shall
include programs designed to successfully integrate
technology into teaching and learning.
[(2) Clinical experience and interaction.--Providing
sustained and high quality preservice clinical
experience including the mentoring of prospective
teachers by veteran teachers, and 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) Professional development.--Creating
opportunities for enhanced and ongoing professional
development that improves the academic content
knowledge of teachers in the subject areas in which the
teachers are certified to teach or in which the
teachers are working toward certification to teach, and
that promotes strong teaching skills.
[(e) Allowable Uses of Funds.--An eligible partnership that
receives a grant under this section may use such funds to carry
out the following activities:
[(1) Teacher preparation and parent involvement.--
Preparing teachers to work with diverse student
populations, including individuals with disabilities
and limited English proficient individuals, and
involving parents in the teacher preparation program
reform process.
[(2) Dissemination and coordination.--Broadly
disseminating information on effective practices used
by the partnership, and coordinating with the
activities of the Governor, State board of education,
State higher education agency, and State educational
agency, as appropriate.
[(3) Managerial and leadership skills.--Developing
and implementing proven mechanisms to provide
principals and superintendents with effective
managerial and leadership skills that result in
increased student achievement.
[(4) Teacher recruitment.--Activities described in
section 204(d).
[(f) Special Rule.--No individual member of an eligible
partnership shall retain more than 50 percent of the funds made
available to the partnership under this section.
[(g) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using grant
funds to coordinate with the activities of more than one
Governor, State board of education, State educational agency,
local educational agency, or State agency for higher education.
[SEC. 204. [20 U.S.C. 1024] TEACHER RECRUITMENT GRANTS.
[(a) Program Authorized.--From amounts made available under
section 210(3) for a fiscal year, the Secretary is authorized
to award grants, on a competitive basis, to eligible applicants
to enable the eligible applicants to carry out activities
described in subsection (d).
[(b) Eligible Applicant Defined.--In this part, the term
``eligible applicant'' means--
[(1) an eligible State described in section 202(b);
or
[(2) an eligible partnership described in section
203(b).
[(c) Application.--Any eligible applicant desiring to
receive a grant under this section shall submit an application
to the Secretary at such time, in such form, and containing
such information as the Secretary may require, including--
[(1) a description of the assessment that the
eligible applicant, and the other entities with whom
the eligible applicant will carry out the grant
activities, have undertaken to determine the most
critical needs of the participating high-need local
educational agencies;
[(2) a description of the activities the eligible
applicant will carry out with the grant; and
[(3) a description of the eligible applicant's plan
for continuing the activities carried out with the
grant, once Federal funding ceases.
[(d) Uses of Funds.--Each eligible applicant receiving a
grant under this section shall use the grant funds--
[(1)(A) to award scholarships to help students pay
the costs of tuition, room, board, and other expenses
of completing a teacher preparation program;
[(B) to provide support services, if needed to enable
scholarship recipients to complete postsecondary
education programs; and
[(C) for followup services provided to former
scholarship recipients during the recipients' first 3
years of teaching; or
[(2) to develop and implement effective mechanisms to
ensure that high need local educational agencies and
schools are able to effectively recruit highly
qualified teachers.
[(e) Service Requirements.--The Secretary shall establish
such requirements as the Secretary finds necessary to ensure
that recipients of scholarships under this section who complete
teacher education programs subsequently teach in a high-need
local educational agency, for a period of time equivalent to
the period for which the recipients receive scholarship
assistance, or repay the amount of the scholarship. The
Secretary shall use any such repayments to carry out additional
activities under this section.
[SEC. 205. [20 U.S.C. 1025] ADMINISTRATIVE PROVISIONS.
[(a) Duration; One-Time Awards; Payments.--
[(1) Duration.--
[(A) Eligible states and eligible
applicants.--Grants awarded to eligible States
and eligible applicants under this part shall
be awarded for a period not to exceed 3 years.
[(B) Eligible partnerships.--Grants awarded
to eligible partnerships under this part shall
be awarded for a period of 5 years.
[(2) One-time award.--An eligible State and an
eligible partnership may receive a grant under each of
sections 202, 203 and 204 only once.
[(3) Payments.--The Secretary shall make annual
payments of grant funds awarded under this part.
[(b) Peer Review.--
[(1) Panel.--The Secretary shall provide the
applications submitted under this part to a peer review
panel for evaluation. With respect to each application,
the peer review panel shall initially recommend the
application for funding or for disapproval.
[(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel
shall--
[(A) with respect to grants under section
202, give priority to eligible States serving
States that--
[(i) have initiatives to reform State
teacher certification requirements that
are designed to ensure that current and
future teachers possess the necessary
teaching skills and academic content
knowledge in the subject areas in which
the teachers are certified or licensed
to teach;
[(ii) include innovative reforms to
hold institutions of higher education
with teacher preparation programs
accountable for preparing teachers who
are highly competent in the academic
content area in which the teachers plan
to teach and have strong teaching
skills; or
[(iii) involve the development of
innovative efforts aimed at reducing
the shortage of highly qualified
teachers in high poverty urban and
rural areas;
[(B) with respect to grants under section
203--
[(i) give priority to applications
from eligible partnerships that involve
businesses; and
[(ii) take into consideration--
[(I) providing an equitable
geographic distribution of the
grants throughout the United
States; and
[(II) the potential of the
proposed activities for
creating improvement and
positive change.
[(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
application 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.
[(c) Matching Requirements.--
[(1) State grants.--Each eligible State receiving a
grant under section 202 or 204 shall provide, from non-
Federal sources, an amount equal to 50 percent of the
amount of the grant (in cash or in kind) to carry out
the activities supported by the grant.
[(2) Partnership grants.--Each eligible partnership
receiving a grant under section 203 or 204 shall
provide, from non-Federal sources (in cash or in kind),
an amount equal to 25 percent of the grant for the
first year of the grant, 35 percent of the grant for
the second year of the grant, and 50 percent of the
grant for each succeeding year of the grant.
[(d) Limitation on Administrative Expenses.--An eligible
State or eligible partnership that receives a grant under this
part may not use more than 2 percent of the grant funds for
purposes of administering the grant.
[(e) Teacher Qualifications Provided to Parents Upon
Request.--Any local educational agency or school that benefits
from the activities assisted under this part shall make
available, upon request and in an understandable and uniform
format, to any parent of a student attending any school served
by the local educational agency, information regarding the
qualification of the student's classroom teacher with regard to
the subject matter in which the teacher provides instruction.
The local educational agency shall inform parents that the
parents are entitled to receive the information upon request.
[SEC 206. [20 U.S.C. 1026] ACCOUNTABILITY AND EVALUATION.
[(a) State Grant Accountability Report.--An eligible State
that receives a grant under section 202 shall submit an annual
accountability report to the Secretary, the Committee on Labor
and Human Resources of the Senate, and the Committee on
Education and the Workforce of the House of Representatives.
Such report shall include a description of the degree to which
the eligible State, in using funds provided under such section,
has made substantial progress in meeting the following goals:
[(1) Student achievement.--Increasing student
achievement for all students as defined by the eligible
State.
[(2) Raising standards.--Raising the State academic
standards required to enter the teaching profession,
including, where appropriate, through the use of
incentives to incorporate the requirement of an
academic major in the subject, or related discipline,
in which the teacher plans to teach.
[(3) Initial certification or licensure.--Increasing
success in the pass rate for initial State teacher
certification or licensure, or increasing the numbers
of highly qualified individuals being certified or
licensed as teachers through alternative programs.
[(4) Core academic subjects.--
[(A) Secondary school classes.--Increasing
the percentage of secondary school classes
taught in core academic subject areas by
teachers--
[(i) with academic majors in those
areas or in a related field;
[(ii) who can demonstrate a high
level of competence through rigorous
academic subject area tests; or
[(iii) who can demonstrate competence
through a high level of performance in
relevant content areas.
[(B) Elementary school classes.--Increasing
the percentage of elementary school classes
taught by teachers--
[(i) with academic majors in the arts
and sciences; or
[(ii) who can demonstrate competence
through a high level of performance in
core academic subjects.
[(5) Decreasing teacher shortages.--Decreasing short-
ages of qualified teachers in poor urban and rural
areas.
[(6) Increasing opportunities for professional
development.--Increasing opportunities for enhanced and
ongoing professional development that improves the
academic content knowledge of teachers in the subject
areas in which the teachers are certified or licensed
to teach or in which the teachers are working toward
certification or licensure to teach, and that promotes
strong teaching skills.
[(7) Technology integration.--Increasing the number
of teachers prepared to integrate technology in the
classroom.
[(b) Eligible Partnership Evaluation.--Each eligible
partnership receiving a grant under section 203 shall establish
and include in the application submitted under section 203(c),
an evaluation plan that includes strong performance objectives.
The plan shall include objectives and measures for--
[(1) increased student achievement for all students
as measured by the partnership;
[(2) increased teacher retention in the first 3 years
of a teacher's career;
[(3) increased success in the pass rate for initial
State certification or licensure of teachers; and
[(4) increased percentage of secondary school classes
taught in core academic subject areas by teachers--
[(A) with academic majors in the areas or in
a related field; and
[(B) who can demonstrate a high level of
competence through rigorous academic subject
area tests or who can demonstrate competence
through a high level of performance in relevant
content areas;
[(5) increasing the percentage of elementary school
classes taught by teachers with academic majors in the
arts and sciences or who demonstrate competence through
a high level of performance in core academic subject
areas; and
[(6) increasing the number of teachers trained in
technology.
[(c) Evocation of Grant.--
[(1) Report.--Each eligible State or eligible
partnership receiving a grant under this part shall
report annually on the progress of the eligible State
or eligible partnership toward meeting the purposes of
this part and the goals, objectives, and measures
described in subsections (a) and (b).
[(2) Revocation.--
[(A) Eligible states and eligible
applicants.--If the Secretary determines that
an eligible State or eligible applicant is not
making substantial progress in meeting the
purposes, goals, objectives, and measures, as
appropriate, by the end of the second year of a
grant under this part, then the grant payment
shall not be made for the third ye of the
grant.
[(B) Eligible partnerships.--If the Secretary
determines that an eligible partnership is not
making substantial progress in meeting the
purposes, goals, objectives, and measures, as
appropriate, by the end of the third year of a
grant under this part, then the grant payments
shall not be made for any succeeding year of
the grant.
[(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
Secretary's findings regarding the activities to the Committee
on Labor and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives.
The Secretary shall broadly disseminate successful practices
developed by eligible States and eligible partnerships under
this part, and shall broadly disseminate information regarding
such practices that were found to be ineffective.
[SEC. 207. [20 U.S.C. 1027] ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
[(a) Development of Definitions and Reporting Methods.--
Within 9 months of the date of enactment of the Higher
Education Amendments of 1998, the Commissioner of the National
Center for Education Statistics, in consultation with States
and institutions of higher education, shall develop key
definitions for terms, and uniform reporting methods (including
the key definitions for the consistent reporting of pass
rates), related to the performance of elementary school and
secondary school teacher preparation programs.
[(b) State Report Card on the Quality of Teacher
Preparation.--Each State that receives funds under this Act
shall provide to the Secretary, within 2 years of the date of
enactment of the Higher Education Amendments of 1998, and
annually thereafter, in a uniform and comprehensible manner
that conforms with the definitions and methods established in
subsection (a), a State report card on the quality of teacher
preparation in the State, which shall include at least the
following:
[(1) A description of the teacher certification and
licensure assessments, and any other certification and
licensure requirements, used by the State.
[(2) The standards and criteria that prospective
teachers must meet in order to attain initial teacher
certification or licensure and to be certified or
licensed to teach particular subjects or in particular
grades within the State.
[(3) A description of the extent to which the
assessments an requirements described in paragraph (1)
are aligned with the state's standards and assessments
for students.
[(4) The percentage of teaching candidates who passed
each of the assessments used by the State for teacher
certification and licensure, and the passing score on
each assessment that determines whether a candidate has
passed that assessment.
[(5) The percentage of teaching candidates who passed
each of the assessments used by the State for teacher
certification and licensure, disaggregated and ranked,
by the teacher preparation program in that State from
which the teacher candidate received the candidate's
most recent degree, which shall be made available
widely and publicly.
[(6) Information on the extent to which teachers in
the State are given waivers of State certification or
licensure requirements, including the proportion of
such teachers distributed across high- and low-poverty
school districts and across subject areas.
[(7) A description of each State's alternative routes
to teacher certification, if any, and the percentage of
teachers certified through alternative certification
routes who pass State teacher certification or
licensure assessments.
[(8) For each State, a description of proposed
criteria for assessing the performance of teacher
preparation programs within institutions of higher
education in the State, including indicators of teacher
candidate knowledge and skills.
[(9) Information on the extent to which teachers or
prospective teachers in each State are required to take
examinations or other assessments of their subject
matter knowledge in the area or areas in which the
teachers provide instruction, the standards established
for passing any such assessments, and the extent to
which teachers or prospective teachers are required to
receive a passing score on such assessments in order to
teach in specific subject areas or grade levels.
[(c) Initial Report.--
[(1) In general.--Each State that receives funds
under this Act, not later than 6 months of the date of
enactment of the Higher Education Amendments of 1998
and in a uniform and comprehensible manner, shall
submit to the Secretary the information described in
paragraphs (1), (5), and (6) of subsection (b). Such
information shall be compiled by the Secretary and
submitted to the Committee on Labor and Human Resources
of the Senate and the Committee on Education and the
Workforce of the House of Representatives not later
than 9 months after the date of enactment of the Higher
Education Amendments of 1998.
[(2) Construction.--Nothing in this subsection shall
be construed to require a State to gather information
that is not in the possession of the State or the
teacher preparation programs in the State, or readily
available to the State or teacher preparation programs.
[(d) Report of the Secretary on the Quality of Teacher
Preparation.--
[(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a
report card on teacher qualifications and preparation
in the United States, including all the information
reported in paragraphs (1) through (9) of subsection
(b). Such report shall identify States for which
eligible States and eligible partnerships received a
grant under this part. Such report shall be so
provided, published and made available not later than 2
years 6 months after the date of enactment of the
Higher Education Amendments of 1998 and annually
thereafter.
[(2) Report to congress.--The Secretary shall report
to Congress--
[(A) a comparison of States' efforts to
improve teaching quality; and
[(B) regarding the national mean and median
scores on any standardized test that is used in
more than 1 State for teacher certification or
licensure.
[(3) Special rule.--In the case of teacher
preparation programs with fewer than 10 graduates
taking any single initial teacher certification or
licensure assessment during an academic year, the
Secretary shall collect and publish information with
respect to an average pass rate on State certification
or licensure assessments taken over a 3-year period.
[(e) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this part among States for individuals who took
State teacher certification or licensure assessments in a State
other than the State in which the individual received the
individual's most recent degree.
[(f) Institutional Report Cards on the Quality of Teacher
Preparation.--
[(1) Report card.--Each institution of higher
education that conducts a teacher preparation program
that enrolls students receiving Federal assistance
under this Act, not later than 18 months after the date
of enactment of the Higher Education Amendments of 1998
and annually thereafter, shall report to the State and
the general public, in a uniform and comprehensible
manner that conforms with the definitions and methods
established under subsection (a), the following
information:
[(A) Pass rate.--(i) For the most recent year
for which the information is available, the
pass rate of the institution's graduates on the
teacher certification or licensure assessments
of the State in which the institution is
located, but only for those students who took
those assessments within 3 years of completing
the program.
[(ii) A comparison of the program's pass rate
with the average pass rate for programs in the
State.
[(iii) In the case of teacher preparation
programs with fewer than 10 graduates taking
any single initial teacher certification or
licensure assessment during an academic year,
the institution shall collect and publish
information with respect to an average pass
rate on State certification or licensure
assessments taken over a 3-year period.
[(B) Program information.--The number of
students in the program, the average number of
hours of supervised practice teaching required
for those in the program, and the faculty-
student ratio in supervised practice teaching.
[(C) Statement.--In States that approve or
accredit teacher education programs, a
statement of whether the institution's program
is so approved or accredited.
[(D) Designation as low-performing.--Whether
the program has been designated as low-
performing by the State under section 208(a).
[(2) Requirement.--The information described in
paragraph (1) shall be reported through publications
such as school catalogs and promotional materials sent
to potential applicants, secondary school guidance
counselors, and prospective employers of the
institution's program graduates.
[(3) Fines.--In addition to the actions authorized in
section 487(c), the Secretary may impose a fine not to
exceed $25,000 on an institution of higher education
for failure to provide the information described in
this subsection in a timely or accurate manner.
[SEC. 208. [20 U.S.C. 1028] STATE FUNCTIONS.
[(a) State Assessment.--In order to receive funds under
this Act, a State, not later than 2 years after the date of
enactment of the Higher Education Amendments of 1998, shall
have in place a procedure to identify, and assist, through the
provision of technical assistance, low-performing programs of
teacher preparation within institutions of higher education.
Such State shall provide the Secretary an annual list of such
low-performing institutions that includes an identification of
those institutions at-risk of being placed on such list. Such
levels of performance shall be determined solely by the State
and may include criteria based upon information collected
pursuant to this part. Such assessment shall be described in
the report under section 207(b).
[(b) Termination of Eligibility.--Any institution of higher
education that offers a program of teacher preparation in which
the State has withdrawn the State's approval or terminated the
State's financial support due to the low performance of the
institution's teacher preparation 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 of Education; and
[(2) shall not be permitted to accept or enroll any
student that receives aid under title IV of this Act in
the institution's teacher preparation program.
[(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.
[SEC 209. [20 U.S.C. 1029] GENERAL PROVISIONS.
[(a) Methods.--In complying with sections 207 and 208, the
Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and that
the reporting methods protect the privacy of individuals.
[(b) Special Rule.--For each State in which there are no
State certification or licensure assessments, or for States
that do not set minimum performance levels on those
assessments--
[(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this
part from States, local educational agencies,
institutions of higher education, or other entities
that administer such assessments to teachers or
prospective teachers; and
[(2) notwithstanding any other provision of this
part, the Secretary shall use such data to carry out
requirements of this part related to assessments or
pass rates.
[(c) Limitations.--
[(1) Federal control prohibited.--Nothing in this
part shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any
private, religious, or home school, whether or not a
home school is treated as a private school or home
school under State law. This section shall not be
construed to prohibit private, religious, or home
schools from participation in programs or services
under this part.
[(2) No change in state control encouraged or
required.--Nothing in this part shall be construed to
encourage or require any change in a State's treatment
of any private, religious, or home school, whether or
not a home school is treated as a private school or
home school under State law.
[(3) National system of teacher certification
prohibited.--Nothing in this part shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification.
[SEC. 210. [20 U.S.C. 1030] AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part $300,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years, of which--
[(1) 45 percent shall be available for each fiscal
year to award grants under section 202;
[(2) 45 percent shall be available for each fiscal
year to award grants under section 203; and
[(3) 10 percent shall be available for each fiscal
year to award grants under section 204.]
PART A--TEACHER QUALITY PARTNERSHIP GRANTS
SEC. 201. PURPOSES; DEFINITIONS.
(a) Purposes.--The purposes of this part are to--
(1) improve student achievement;
(2) improve the quality of the current and future
teaching force by improving the preparation of
prospective teachers and enhancing professional
development activities;
(3) hold institutions of higher education accountable
for preparing highly qualified teachers; and
(4) recruit qualified individuals, including
minorities and individuals from other occupations, into
the teaching force.
(b) Definitions.--In this part:
(1) Arts and sciences.--The term ``arts and
sciences'' means--
(A) when referring to an organizational unit
of an institution of higher education, any
academic unit that offers 1 or more academic
majors in disciplines or content areas
corresponding to the academic subject matter
areas in which teachers provide instruction;
and
(B) when referring to a specific academic
subject area, the disciplines or content areas
in which academic majors are offered by the
arts and sciences organizational unit.
(2) Children from low-income families.--The term
``children from low-income families'' means children as
described in section 1124(e)(1)(A) of the Elementary
and Secondary Education Act of 1965.
(3) Core academic subjects.--The term ``core academic
subjects'' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of
1965.
(4) Early childhood education program.--The term
``early childhood education program'' means--
(A) a Head Start program or an. Early Head
Start program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.);
(B) a State licensed or regulated child care
program or school; or
(C) a State prekindergarten program that
serves children from birth through kindergarten
and that addresses the children's cognitive
(including language, early literacy, and
prenumeracy), social, emotional, and physical
development.
(5) Early childhood educator.--The term ``early
childhood educator'' means an individual with primary
responsibility for the education of children in an
early childhood education program.
(6) Educational service agency.--The term
``educational service agency'' has the meaning given
the term in section 9101 of the Elementary and
Secondary Education Act of 1965.
(7) Eligible partnership.--The term ``eligible
partnership'' means an entity that--
(A) shall include--
(i) a high-need local educational
agency;
(ii) a high-need school or a
consortium of high-need schools served
by the high-need local educational
agency or, as applicable, a high-need
early childhood education program;
(iii) a partner institution;
(iv) a school, department, or program
of education within such partner
institution; 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.
(8) Essential components of reading instruction.--The
term ``essential components of reading instruction''
has the meaning given such term in section 1208 of the
Elementary and Secondary Education Act of 1965.
(9) Exemplary teacher.--The term ``exemplary
teacher'' has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of
1965.
(10) High-need early childhood education program.--
The term ``high-need early childhood education
program'' means an early childhood education program
that is among the highest 25 percent of early childhood
programs in the geographic area served by the local
educational agency in the partnership, in terms of the
percentage of students from families with incomes below
the poverty line.
(11) High-need local educational agency.--The term
``high-need local educational agency'' means a local
educational agency--
(A)(i) for which not less than 20 percent of
the children served by the agency are children
from low-income families;
(ii) that serves not fewer than 10,000
children from low-income families; or
(iii) with a total of less than 600 students
in average daily attendance at the schools that
are served by the agency and all of whose
schools are designated with a school locale
code of 6, 7, or 8, as determined by the
Secretary; and
(B)(i) for which there is a high percentage
of teachers not teaching in the academic
subject areas or grade levels in which the
teachers were trained to teach; or
(ii) for which there is a high teacher
turnover rate or a high percentage of teachers
with emergency, provisional, or temporary
certification or licensure.
(12) High-need school.--The term ``high-need school''
means a public elementary school or public secondary
school that--
(A) is among the highest 25 percent of
schools served by the local educational agency
that serves the school, in terms of the
percentage of students from families with
incomes below the poverty line; or
(B) is designated with a school locale code
of 6, 7, or 8, as determined by the Secretary.
(13) 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.
(14) 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.
(15) Induction program.--The term ``induction
program'' means a formalized program for new teachers
during not less than the teachers' first 2 years of
teaching that is designed to provide support for, and
improve the professional performance and advance the
retention in the teaching field of, beginning teachers.
Such program shall promote effective teaching skills
and shall include the following components:
(A) High-quality teacher mentoring.
(B) Periodic, structured time for
collaboration with teachers in the same
department or field, as well as time for
information-sharing among teachers, principals,
administrators, and participating faculty in
the partner institution.
(C) The application of empirically based
practice and scientifically valid research on
instructional practices.
(D) Opportunities for new teachers to draw
directly upon the expertise of teacher mentors,
faculty, and researchers to support the
integration of empirically based practice and
scientifically valid research with practice.
(E) The development of skills in
instructional and behavioral interventions
derived from empirically based practice and,
where applicable, scientifically valid
research.
(F) Faculty who--
(i) model the integration of research
and practice in the classroom; and
(ii) assist new teachers with the
effective use and integration of
technology in the classroom.
(G) Interdisciplinary collaboration among
exemplary teachers, faculty, researchers, and
other staff who prepare new teachers on the
learning process and the assessment of
learning.
(H) Assistance with the understanding of
data, particularly student achievement data,
and the data's applicability in classroom
instruction.
(I) Regular evaluation of the new teacher.
(16) Limited english proficient.--The term ``limited
English proficient'' has the meaning given such, term
in section 9101 of the Elementary and Secondary
Education Act of 1965.
(17) Partner institution.--The term ``partner
institution'', means an institution of higher
education, which may include a 2-year institution of
higher education offering a dual program with, a 4-year
institution of higher education, participating in an
eligible partnership that has a teacher preparation
program--
(A) whose graduates exhibit strong
performance on State-determined qualifying
assess meats for new teachers through--
(i) demonstrating that 80 percent or
more of the graduates of the program
who intend to enter the field of
teaching have passed all of the
applicable State qualification
assessments for new teachers, which
shall include an assessment of each
prospective teacher's subject matter
knowledge in the content area in which
the teacher intends to teach; or
(ii) being ranked among the highest-
performing teacher preparation programs
in the State as determined by the
State--
(I) using criteria consistent
with the requirements for the
State report card under section
205(b); and
(II) using the State report
card on teacher preparation
required under section 205(b),
after the first publication of
such report card and for every
year thereafter; or
(B) that requires--
(i) each student in the program to
meet high academic standards 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 research
that--
(A) applies rigorous, systematic, and
objective methodology to obtain reliable and
valid knowledge relevant to education
activities and programs;
(B) presents findings and makes claims that
are appropriate to and supported by the methods
that have been employed; and
(C) includes, 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) claims of causal relationships
only in research designs that
substantially eliminate plausible
competing explanations for the obtained
results, which may include but shall
not be 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) use of research designs and
methods appropriate to the research
question posed.
(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 accepted
principles of scientific research.
(21)Teacher mentoring.--The term ``teacher
mentoring'' means the mentoring of new or prospective
teachers through a new or established program that--
(A) includes clear criteria for the selection
of teacher mentors who will provide role model
relationships for mentees, which criteria shall
be developed by the eligible partnership and
based on measures of teacher effectiveness;
(B) provides high-quality training for such
mentors, including instructional strategies for
literacy instruction;
(C) provides regular and ongoing
opportunities for mentors and mentees to
observe each others 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 mentoring to each mentee by a
colleague who teaches in the same field, grade,
or subject as the mentee;
(E) 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
(F) includes--
(i) common planning time or regularly
scheduled collaboration for the mentor
and mentee; and
(ii) joint professional development
opportunities.
(22) Teaching skills.--The term ``teaching skills''
means skills that enable a teacher to--
(A) increase student learning, achievement,
and the ability to apply knowledge;
(B) effectively convey and explain academic
subject matter;
(C) employ strategies grounded in the
disciplines of teaching and learning that--
(i) are based on empirically based
practice and scientifically valid
research, where applicable, on teaching
and learning;
(ii) are specific to academic subject
matter; and
(iii) focus on the identification of
students' specific learning needs,
particularly students with
disabilities, students who are limited
English proficient, students who are
gifted and talented, and students with
low literacy levels, and the tailoring
of academic instruction to such needs;
(D) conduct an ongoing assessment of student
learning;
(E) effectively manage a classroom;
(F) communicate and work with parents and
guardians, and involve parents and guardians in
their children's education; and
(G) use age-appropriate strategies and
practices for children, including in early
childhood education programs.
(23) Teaching residency program.--The term ``teaching
residency program'' means a school-based teacher
preparation program in which a prospective teacher--
(A) for 1 academic year, teaches alongside a
mentor teacher, who is the teacher of record;
(B) receives concurrent instruction during
the year described in subparagraph (A) from the
partner institution, which 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.
SEC. 202. PARTNERSHIP GRANTS.
(a) Program authorized.-- From amounts made available under
section 208, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the
eligible partnerships to carry out the activities described in
subsection (c).
(b) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner; and accompanied by such
information as the Secretary may require. Each such application
shall contain--
(1) a needs assessment of all the partners in the
eligible partnership with respect to the preparation,
ongoing training, professional development, and
retention, of general and special education teachers,
principals, and, as applicable, early childhood
educators;
(2) a description of the extent to which the program
prepares prospective and new teachers with strong
teaching skills;
(3) a description of the extent to which the program
will prepare prospective and new teachers to understand
research and data and the applicability of research and
data in the classroom;
(4) a description of how the partnership will
coordinate strategies and activities assisted under the
grant with, other teacher preparation or professional
development programs, including those funded under the
Elementary and Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act, and
through the National Science Foundation, and how the
activities of the partnership will be consistent with
State, local, and other education reform activities
that promote student achievement;
(5) a resource assessment that describes the
resources available to the partnership, including--
(A) the integration of funds from other
related sources;
(B) the intended use of the grant funds;
(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 partnership will meet the
purposes of this part;
(B) how the partnership will carry out the
activities required under subsection (d) or (e)
based on the needs identified in paragraph (1),
with the goal of improving student achievement;
(C) the partnership's evaluation plan under
section 204(a);
(D) how the partnership will align the
teacher preparation program with the--
(i) early learning standards for
early childhood education programs, as
applicable, of the State in which the
partnership is located; and
(ii) the student academic achievement
standards and academic content
standards under section 1111(b)(2) of
the Elementary and Secondary Education
Act of 1965, established by the State
in which the partnership is located;
(E) how faculty at the partner institution
will work with, during the term of the grant,
highly qualified teachers in the classrooms of
schools served by the high-need local
educational agency in the partnership to
provide high-quality professional development
activities;
(F) how the partnership will design,
implement, or enhance a year-long, rigorous,
and enriching teaching preservice clinical
program component;
(G) the in-service professional development
strategies and activities to be supported; and
(H) how the partnership will collect,
analyze, and use data on the retention of all
teachers and early childhood educators in
schools and early childhood programs located in
the geographic area served by the partnership
to evaluate the effectiveness of the
partnership's teacher and educator support
system; and
(7) with respect to the induction program required as
part of the activities carried out under this section--
(A) a demonstration that the schools and
departments within the institution of higher
education that are part of the induction
program have relevant and essential roles in
the effective preparation of teachers,
including content expertise and expertise in
teaching;
(B) a demonstration of the partnership's
capability and commitment to the use of
empirically based practice and scientifically
valid research on teaching and learning, and
the accessibility to and involvement of
faculty;
(C) a description of how the teacher
preparation program will design and implement
an induction program to support all new
teachers through not less than the first 2
years of teaching in the further development of
the new teachers' teaching skills, including
the use of mentors who are trained and
compensated by such program for the mentors'
work with new teachers; 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 or secondary
school classroom setting, as applicable,
including release time and receiving workload
credit for such participation.
(c) Required Use of Grant Funds.--An eligible partnership
that receives a grant under this part 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 both such programs.
(d) Partnership Grants for Pre-Baccalaureate Preparation of
Teachers.--An eligible partnership that receives a grant to
carry out an effective program for the pre-baccalaureate
preparation of teachers shall carry out a program that includes
all of the following:
(1) Reforms.--
(A) In general.--Implementing reforms,
described in subparagraph (B), within each
teacher preparation program and, as applicable,
each preparation program for early childhood
education programs, of the eligible partnership
that is assisted under this section, to hold
each program accountable for--
(i) preparing--
(I) current or prospective
teachers to be highly qualified
(including teachers in rural
school districts who may teach
multiple subjects, special
educators, 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
on teaching and learning and
its applicability, and to use
technology effectively,
including the use of
instructional techniques to
improve student achievement;
and
(III) as applicable, early
childhood educators to be
highly competent; and
(ii) promoting strong teaching skills
and, as applicable, techniques for
early childhood educators to improve
children's cognitive, social,
emotional, and physical development.
(B) Required reforms.--The reforms described
in subparagraph (A) shall include--
(i) implementing teacher preparation
program curriculum changes that
improve, evaluate, and assess how well
all prospective and new teachers
develop teaching skills;
(ii) using empirically based practice
and scientifically valid research,
where applicable, about the disciplines
of teaching and learning so that all
prospective teachers and, as
applicable, early childhood educators--
(I) can understand and
implement research-based
teaching practices in
classroom-based instruction;
(II) have knowledge of
student learning methods;
(III) possess skills to
analyze student academic
achievement data and other
measures of student learning
and use such data and measures
to improve instruction in the
classroom;
(IV) possess teaching skills
and an understanding of
effective instructional
strategies across all
applicable content areas that
enable the 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; and
(V) can successfully employ
effective strategies for
reading instruction using the
essential components of reading
instruction;
(iii) ensuring collaboration with
departments, programs, or units of a
partner institution outside of the
teacher preparation program in all
academic content areas to ensure that
new teachers receive training in both
teaching and relevant content areas in
order to become highly qualified;
(iv) developing and implementing an
induction program; and
(v) developing admissions goals and
priorities with the hiring objectives
of the high-need local educational
agency in the eligible partnership.
(2) Clinical experience and interaction.--Developing
and improving a sustained and high-quality pre-service
clinical education program to further develop the
teaching skills of all prospective teachers and, as
applicable, early childhood educators, involved in the
program. Such program, shall do the following:
(A) Incorporate year-long opportunities for
enrichment activity or a combination of
activities, including--
(i) clinical learning in classrooms
in high-need schools served by the
high-need local educational agency in
the eligible partnership and identified
by the eligible partnership; and
(ii) closely supervised interaction
between faculty and new and experienced
teachers, principals, and other
administrators at early childhood
education programs (as applicable),
elementary schools, or secondary
schools, and providing support for
such, interaction.
(B) Integrate pedagogy and classroom practice
and promote effective teaching skills in
academic content areas.
(C) Provide high-quality teacher mentoring.
(D)(i) Be offered over the course of a
programs of teacher preparation;
(ii) be tightly aligned with, course work;
(and may be developed as a 5th year of a
teacher preparation program); and
(iii) where feasible, allow prospective
teachers to learn to teach in the same school
district in which the teachers will work,
learning the instructional initiatives and
curriculum of that district.
(E) Provide support and training for those
individuals participating in an activity for
prospective teachers described in this
paragraph or paragraph (1) or (2), and for
those who serve as mentors for such teachers,
based on each individual's experience. Such
support may include--
(i) with respect to a prospective
teacher or a mentor, release time for
such individual's participation;
(ii) with respect to a faculty
member, receiving course workload
credit and compensation for time
teaching in the eligible partnership's
activities; and
(iii) with respect to a mentor, a
stipend, which may include bonus,
differential, incentive, or merit or
performance-based pay.
(3) Induction programs for new teachers.--Creating an
induction program for new teachers, or, in the case of
an early childhood education program, providing
mentoring or coaching for new early childhood
educators.
(4) Support and training for participants in early
childhood education programs.--In the case of an
eligible partnership focusing on early childhood
educator preparation, implementing initiatives that
increase compensation for early childhood educators who
attain associate or baccalaureate degrees in early
childhood education.
(5) Teacher recruitment.--Developing and implementing
effective mechanisms to ensure that the eligible
partnership is able to recruit qualified individuals to
become highly qualified teachers through the activities
of the eligible partnership.
(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency
program shall carry out a program that includes all of
the following activities:
(A) Supporting a teaching residency program
described in paragraph (2) for high-need
subjects and areas, as determined by the needs
of the high-need local educational agency in
the partnership.
(B) Modifying staffing procedures to provide
greater flexibility for local educational
agency and school leaders to establish
effective school-level staffing in order to
facilitate placement of graduates of the
teaching residency program in cohorts that
facilitate professional collaboration, both
among graduates of the teaching residency
program and between such graduates and mentor
teachers in the receiving school.
(C) Ensuring that teaching residents that
participated in the teaching residency program
receive--
(i) effective preservice preparation
as described in paragraph (2);
(ii) teacher mentoring;
(iii) induction through the induction
program as the teaching residents enter
the classroom as new teachers; and
(iv) the preparation described in
subparagraphs (A), (B), and (C) of
subsection (d) (2).
(2) Teaching residency programs.--
(A) Establishment and design.--A teaching
residency program under this 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 coursework
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 novice teachers,
and for establishing, within
the program, a learning
community in which all
individuals are expected to
continually improve their
capacity to advance student
learning; and
(III) who may have full
relief from teaching duties as
a result of such additional
responsibilities.
(iv) The establishment of clear
criteria for the selection of mentor
teachers based on measures of teacher
effectiveness and the appropriate
subject area knowledge. Evaluation of
teacher effectiveness shall be based on
observations of such domains of
teaching as the following:
(I) Planning and preparation,
including demonstrated
knowledge of content, pedagogy,
and assessment, including the
use of formative assessments to
improve student learning.
(II) Appropriate instruction
that engages students with
different learning styles.
(III) Collaboration with
colleagues to improve
instruction.
(IV) Analysis of gains in
student learning, based on
multiple measures, that, when
feasible, may include valid and
reliable objective measures of
the influence of teachers on
the rate of student academic
progress.
(V) In the case of mentor
candidates who will be
mentoring current or future
literacy and mathematics
coaches or instructors,
appropriate skills in the
essential components of reading
instruction, teacher training
in literacy instructional
strategies across core subject
areas, and teacher training in
mathematics instructional
strategies, as appropriate.
(v) Grouping of teaching residents in
cohorts to facilitate professional
collaboration among such residents.
(vi) The development of admissions
goals and priorities aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of the
agency, in exchange for a commitment by
the agency to hire graduates from the
teaching residency program.
(vii) Support for residents, once the
teaching residents are hired as
teachers of record, through an
induction program, professional
development, and networking
opportunities to support the residents
through not less than the residents'
first 2 years of teaching.
(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
4-year institution of higher
education or a mid-career
professional from outside the
field of education possessing
strong content knowledge or a
record of professional
accomplishment; and
(II) submit an application to
the teaching residency program.
(ii) Selection criteria.--An eligible
partnership carrying out a teaching
residency program under this
subparagraph shall establish criteria
for the selection of eligible
individuals to participate in the
teaching residency program, based on
the following characteristics:
(I) Strong content knowledge
or record of accomplishment in
the field or subject area to be
taught.
(II) Strong verbal and
written communication skills,
which may be demonstrated by
performance on appropriate
tests.
(III) Other attributes linked
to effective teaching, which
may be determined by interviews
or performance assessments, as
specified by the eligible
partnership.
(C) Stipend and service requirement.--
(i) Stipend.--A teaching residency
program under this paragraph shall
provide a 1-year living stipend or
salary to teaching residents during the
1-year teaching residency program.
(ii) Service requirement.--As a
condition of receiving a stipend under
this subparagraph, a teaching resident
shall agree to teach in a high-need
school served by the high-need local
educational agency in the eligible
partnership for a period of 3 or more
years after completing the 1-year
teaching residency program.
(iii) Repayment.--If a teaching
resident who received a stipend under
this subparagraph does not complete the
service requirement described in clause
(ii), such individual shall repay to
the high-need local educational agency
a pro rata portion of the stipend
amount for the amount of teaching time
that the individual did not complete.
(f) Consultation.--
(1) In general.--Members of an eligible partnership
that receives a grant under this section shall engage
in regular consultation throughout the development and
implementation of programs and activities under this
section.
(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall
occur among all members of the eligible partnership,
including the high-need local educational agency. Such
communication shall continue throughout the
implementation of the grant and the assessment of
programs and activities under this section.
(3) Written consent.--The Secretary may approve
changes in grant activities of a grant under this
section only if a written consent signed by all members
of the eligible partnership is submitted to the
Secretary.
(g) 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.
(h) 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 5 years.
(2) Number of awards.--An eligible partnership may
not receive more than 1 grant during a 5-year period.
Nothing in this title shall be construed to prohibit an
individual member, that can demonstrate need, of an
eligible partnership that receives a grant under this
title from entering into another eligible partnership
consisting of new members and receiving a grant with
such other eligible partnership before the 5-year
period described in the preceding sentence applicable
to the eligible partnership with which the individual
member has first partnered has expired.
(3) Payments.--The Secretary shall make annual
payments of grant funds awarded under this part.
(b) Peer Review.--
(1) Panel.--The Secretary shall provide the
applications submitted under this part to a peer review
panel for evaluation. With respect to each application,
the peer review panel shall initially recommend the
application for funding or for disapproval.
(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall
give priority--
(A) to applications from broad-based eligible
partnerships that involve businesses and
community organizations; and
(B) to eligible partnerships so that the
awards promote an equitable geographic
distribution of grants among rural and urban
areas.
(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of
the grants. In determining the grant amount, the
Secretary shall take into account the total amount of
funds available for all grants under this part and the
types of activities proposed to be carried out by the
eligible partnership.
(c) Matching Requirements.--
(1) In general.--Each eligible partnership receiving
a grant under this part shall provide, from non-Federal
sources, an amount equal to 100 percent of the amount
of the grant, which may be provided in cash or in-kind,
to carry out the activities supported by the grant.
(2) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible partnership, if the
Secretary determines that applying the matching
requirement to the eligible partnership would result in
serious hardship or an inability to carry out the
authorized activities described in this part.
(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not
more than 2 percent of the grant funds for purposes of
administering the grant.
SEC. 204. ACCOUNTABILITY AND EVALUATION.
(a) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under this
part shall establish and include in such application, an
evaluation plan that includes strong performance objectives.
The plan shall include objectives and measures for increasing--
(1) student achievement for all students as measured
by the eligible partnership;
(2) teacher retention in the first 3 years of a
teacher's career;
(3) improvement in the pass rates and scaled scores
for initial State certification or licensure of
teachers; and
(4)(A) the percentage of highly qualified teachers
hired by the high-need local educational agency
participating in the eligible partnership;
(B) the percentage of such teachers who are members
of under represented groups;
(C) the percentage of such, teachers 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 such teachers who teach in
high-need areas (including special education, language
instruction educational programs for limited English
proficient students, and early childhood education);
(E) the percentage of such teachers in high-need
schools, disaggregated by the elementary, middle, and
high school levels; and
(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.
(b) Information.--An eligible partnership receiving a grant
under this part shall ensure that teachers, principals, school
superintendents, and faculty and leadership at institutions of
higher education located in the geographic areas served by the
eligible partnership under this part are provided information
about the activities carried out with funds under this part,
including through electronic means.
(c) Revocation of Grant.--If the Secretary determines that
an eligible partnership receiving a grant under this part is
not making substantial progress in meeting the purposes, goals,
objectives, and measures, as appropriate, of the grant by the
end of the third year of a grant under this part, then the
Secretary shall require such eligible partnership to submit a
revised application that identifies the steps the partnership
will take to make substantial progress to meet the purposes,
goals, objectives, and measures, as appropriate, of this part.
(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
Secretary's findings regarding the activities to the
authorizing committees. The Secretary shall broadly
disseminate--
(1) successful practices developed by eligible
partnerships under this part; and
(2) information regarding such practices that were
found to be ineffective.
SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
(a) Institutional and Program Report Cards on the Quality
of Teacher Preparation.--
(1) Report card.--Each institution of higher
education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and that enrolls
students receiving Federal assistance under this Act
shall report annually to the State and the general
public, in a uniform and comprehensible manner that
conforms with the definitions and methods established
by the Secretary, both for traditional teacher
preparation programs and alternative routes to State
certification or licensure programs, the following
information:
(A) Pass rates and scaled scores.--For the
most recent year for which the information is
available for those students who took the
assessments and are enrolled in the traditional
teacher preparation program or alternative
routes to State certification or licensure
program, and for those who have taken the
assessments and have completed the traditional
teacher preparation program or alternative
routes to State certification or licensure
program during the 2-year period preceding such
year, for each of the assessments used for
teacher certification or licensure by the State
in which the program is located--
(i) the percentage of students who
have completed 100 percent of the
nonclinical coursework and taken the
assessment who pass such assessment;
(ii) the percentage of all such
students who passed each such
assessment;
(iii) the percentage of students
taking an assessment who completed the
teacher preparation program after
enrolling in the program, which shall
be made available widely and publicly
by the State;
(iv) the average scaled score for all
students who took each such assessment;
(v) a comparison of the program's
pass rates with the average pass rates
for programs in the State; and
(vi) a comparison of the program's
average scaled scores with, the average
scaled scores for programs in the
State.
(B) Program information.--The criteria for
admission into the program, the number of
students in the program (disaggregated by race
and gender), the average number of hours of
supervised clinical experience required for
those in the program, the number of full-time
equivalent faculty and students in the
supervised clinical experience, and the total
number of students who have been certified or
licensed as teachers, disaggregated by subject
and area of certification or licensure.
(C) Statement.--In States that require
approval or accreditation of teacher
preparation programs, a statement of whether
the institution's program is so approved or
accredited, and by whom.
(D) Designation as low-performing.--Whether
the program has been designated as low-
performing by the State under section 207(a).
(E) Use of technology.--A description of the
activities that prepare teachers to effectively
integrate technology into curricula and
instruction and effectively use technology to
collect, manage, and analyze data in order to
improve teaching, learning, and decisionmaking
for the purpose of increasing student academic
achievement.
(2) Report.--Each eligible partnership receiving a
grant under section 202 shall report annually on the
progress of the eligible partnership toward meeting the
purposes of this part and the objectives and measures
described in section 204(a).
(3) Fines.--The Secretary may impose a fine not to
exceed $25,000 on an institution of higher education
for failure to provide the information described in
this subsection in a timely or accurate manner.
(4) Special rule.--In the case of an institution of
higher education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and has fewer than
10 scores reported on any single initial teacher
certification or licensure assessment during an
academic year, the institution shall collect and
publish information, as required under paragraph
(1)(A), with respect to an average pass rate and scaled
score on each State certification or licensure
assessment taken over a 3-year period.
(b) State Report Card on the Quality of Teacher
Preparation.--
(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, annually, in a
uniform and comprehensible manner that conforms with
the definitions and methods established by the
Secretary, a State report card on the quality of
teacher preparation in the State, both for traditional
teacher preparation programs and for alternative routes
to State certification or licensure programs, which
shall include not less than the following:
(A) A description of 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 in order to
attain initial teacher certification or
licensure and to be certified or licensed to
teach particular academic subject areas or in
particular grades within the State.
(C) A description of how the assessments and
requirements described in subparagraph (A) are
aligned with the State's challenging academic
content standards required under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965 and State early learning
standards for early childhood education
programs.
(D) For each of the assessments used by the
State for teacher certification or licensure--
(i) for each institution of higher
education located in the State and each
entity located in the State that offers
an alternative route for teacher
certification or licensure, the
percentage of students at such
institution or entity who have
completed 100 percent of the
nonclinical coursework and taken the
assessment who pass such assessment;
(ii) the percentage of all such
students at all such institutions
taking the assessment who pass such
assessment; and
(iii) the percentage of students
taking an assessment who completed the
teacher preparation program after
enrolling in the program, which shall
be made available widely and publicly
by the State.
(E) A description of alternative routes to
State certification or licensure in the State
(including any such routes operated by entities
that are not institutions of higher education),
if any, including, for each of the assessments
used by the State for teacher certification or
licensure
(i) the percentage of individuals
participating in such routes, or who
have completed such routes during the
2-year period preceding the date of the
determination, who passed each such
assessment; and
(ii) the average scaled score of
indi21 victuals participating in such
routes, or who have completed such
routes during the period preceding the
date of the determination, who took
each such assessment.
(F) A description of the State's criteria for
assessing the performance of teacher
preparation programs within institutions of
higher education in the State. Such criteria
shall include indicators of the academic
content knowledge and teaching skills of
students enrolled in such programs.
(G) For each teacher preparation program in
the State, the criteria for admission into the
program, the number of students in the program,
disaggregated by race and gender (except that
such disaggregation shall not be required in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or the results would
reveal personally identifiable information
about an individual student), the average
number of hours of supervised clinical
experience required for those in the program,
and the number of full-time equivalent faculty,
adjunct faculty, and students in supervised
clinical experience.
(H) For the State as a whole, and for each
teacher preparation program in the State, the
number of teachers prepared, in the aggregate
and reported separately by--
(i) area of certification or
licensure;
(ii) academic major, and
(iii) subject area for which the
teacher has been prepared to teach.
(I) Using the data generated under
subparagraphs (G) and (H), a description of the
extent to which teacher preparation programs
are helping to address shortages of highly
qualified teachers, by area of certification or
licensure, subject, and specialty, in the
State's public schools.
(J) A description of the activities that
prepare teachers to effectively integrate
technology into curricula and instruction and
effectively use technology to collect, manage,
and analyze data in order to improve teaching,
learning, and decisionmaking for the purpose of
increasing student academic achievement.
(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) Report of the Secretary on the Quality of Teacher
Preparation.--
(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a
report card on teacher qualifications and preparation
in the United States, including all the information
reported in subparagraphs (A) through (J) of subsection
(b)(1). Such report shall identify States for which
eligible partnerships received a grant under this part.
Such report shall be so provided, published, and made
available annually.
(2) Report to congress.--The Secretary shall prepare
and submit a report to Congress that contains the
following:
(A) A comparison of States' efforts to
improve the quality of the current and future
teaching force.
(B) A comparison of eligible partnerships'
efforts to improve the quality of the current
and future teaching force.
(C) The national mean and median scaled
scores and pass rate on any standardized test
that is used in more than 1 State for teacher
certification or licensure.
(3) Special rule.--In the case of a teacher
preparation program with fewer than 10 scores reported
on any single initial teacher certification or
licensure assessment during an academic year, the
Secretary shall collect and publish information, and
make publicly available, with respect to an average
pass rate and scaled score on each State certification
or licensure assessment taken over a 3-year period.
(d) 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. STATE FUNCTIONS.
(a) State assessment.--In order to receive funds under this
Act, a State shall have in place a procedure to identify and
assist, through the provision of technical assistance, low-
performing programs of teacher preparation. Such State shall
provide the Secretary an annual list of such low-performing
teacher preparation programs that includes an identification of
those programs at risk of being placed on such list. Such
levels of performance shall be determined solely by the State
and may include criteria based on information collected
pursuant to this part. Such assess meat shall be described in
the report under section 205(b).
(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's
approval, or terminated the State's financial support, due to
the low performance of the program based upon the State
assessment described in subsection (a)--
(1) shall be ineligible for any funding for
professional development activities awarded by the
Department;
(2) shall not be permitted to accept or enroll any
student that receives aid under title IV in the
institution's teacher preparation program; and
(3) shall provide transitional support, including
remedial services if necessary, for students enrolled
at the institution at the time of termination of
financial support or withdrawal of approval.
(c) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (b)(2), the Secretary shall
submit such proposed regulations to a negotiated rulemaking
process, which shall include representatives of States,
institutions of higher education, and educational and student
organizations.
(d) Application of the Requirements.--The requirements of
this section shall apply to both traditional teacher
preparation programs and alternative routes to State
certification and licensure programs.
SEC. 207. 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 allow identification of
individuals.
(b) Special Rule.--For each State that does not use content
assessments as a means of ensuring that all teachers teaching
in core academic subjects within the State are highly
qualified, as required under section 1119 of the Elementary and
Secondary Education Act of 1965 and in accordance with the
State plan submitted or revised under section 1111 of such Act,
and that each person employed as a special education teacher in
the State who teaches elementary school, middle school, or
secondary school is highly qualified by the deadline, as
required under section 612(a)(14)(C) of the Individuals with
Disabilities Education Act,--
(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under
teachers; and this part from States, local educational
agencies, institutions of higher education, or other
entities that administer such assessments to teachers
or prospective teachers; and
(2) notwithstanding any other provision of this part,
the Secretary shall use such data to carry out
requirements of this part related to assessments, pass
rates, and scaled scores.
(c) Release of Information to Teacher Preparation
Programs.--
(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency that
receives funds under this Act, or that participates as
a member of a partnership, consortium, or other entity
that receives such funds, shall provide to a teacher
preparation program, upon the request of the teacher
preparation program, any and all pertinent education-
related information that--
(A) may enable the teacher preparation
program to evaluate the effectiveness of the
program's graduates or the program itself; and
(B) is possessed, controlled, or accessible
by the State educational agency.
(2) Content of information.--The information
described in paragraph (1)--
(A) shall include an identification of
specific individuals who graduated from the
teacher preparation program to enable the
teacher preparation program to evaluate the
information provided to the program from the
State educational agency with the program's own
data about, the specific courses taken by, and
field experiences of, the individual graduates;
and
(B) may include--
(i) kindergarten through grade 12
academic achievement and demographic
data, without revealing personally
identifiable information about an
individual student, for students who
have been taught by graduates of the
teacher preparation program; and
(ii) teacher effectiveness
evaluations for teachers who graduated
from the teacher preparation program.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal year 2008 and
each of the 5 succeeding fiscal years.
* * * * * * *
PART C--GENERAL PROVISIONS
SEC. 231. 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.
* * * * * * *
TITLE III--INSTITUTIONAL AID
SEC. 301. [20 U.S.C. 1051] FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) * * *
* * * * * * *
PART A--STRENGTHENING INSTITUTIONS
SEC. 311. [20 U.S.C. 1057] PROGRAM PURPOSE.
(a) General Authorization.--* * *
(b) Grants Awarded; Special Consideration.--(1) From the
sums available for this part under section 399(a)(1), the
Secretary may award grants to a eligible institution with an
application approved under section [351]391 in order to assist
such an institution to plan, develop, or implement activities
that promise to strengthen institution.
(2) * * *
* * * * * * *
(3) Special consideration shall be given to
applications which propose, pursuant to the
institution's plan, to engage in--
(A) faculty development;
* * * * * * *
(F) student services, including services that
will assist in the education of special
populations.
(c) Authorized Activities.--Grants awarded under this
section shall be used for 1 or more of the following
activities;
(1) * * *
* * * * * * *
(5) * * *
(6) Tutoring, counseling, and student service
programs designed to improve academic success,
including innovative, customized, remedial education
and English language instruction courses designed to
help retain students and move the students rapidly into
core courses and through program completion.
(7) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.
[(7)](8) Funds management, administrative management,
and acquisition of equipment for use in strengthening
funds management.
[(8)](9) Joint use of facilities, such as
laboratories and libraries.
[(9)](10) Establishing or improving a development
office to strengthen or improve contributions from
alumni and the private secter.
[(10)](11) Establishing or improving an endowment
fund.
[(11)](12) Creating or improving facilities for
Internet or other [distance learning academic
instruction capabilities]distance education
technologies including purchase or rental of
telecommunications technology equipment or services.
[(12)](13) Other activities proposed in the
application submitted pursuant to [subsection
(c)]subsection (b) and section 391 that--
(A) contribute to carrying out the purposes
of the program assisted under this part; and
(B) approved by the Secretary as part of the
review and acceptance of such application.
* * * * * * *
SEC. 312. [20 U.S.C. 1058] DEFINITIONS; ELIGIBILITY.
(a) Educational and General Expenditures.--* * *
(b) Eligible Institution.--For the purpose of this part,
the term ``eligible institution'' means--
(1) an institution of higher education--
(A) which has an enrollment of needy students
as required by [subsection (c) of this
section]subsection (d);
* * * * * * *
(c) * * *
(d) Enrollment of Needy Students.--* * *
(1) * * *
(2) a substantial Grants in the second percentage
students the fiscal year for which determination is
being made, in comparison with the percentage of
students receiving Pell Grants at all such institutions
in the second fiscal year preceding the fiscal year for
which the determination is made, unless the requirement
of this [subdivision]paragraph is waived under section
392(a).
* * * * * * *
SEC. 316. [20 U.S.C. 1059C] AMERICAN INDIAN TRIBALLY CONTROLLED
COLLEGES AND UNIVERSITIES.
(a) Program Authorized.--* * *
(b) Definitions.--In this section:
(1) Indian.--* * *
* * * * * * *
[(3) Tribal college or university.--The term ``Tribal
College or University'' has the meaning give the term
``tribally controlled college or university'' in
section 2 of the Tribally Controlled College or
University Assistance Act of 1978, and includes an
institution listed in the Equity in Educational Land
Grant Status Act of 1994.]
(3) Tribal college or university.--The term ``Tribal
College or University'' means an institution that--
(A) qualifies for funding under the Tribally
Controlled College or University Assistance Act
978 (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).
(4) * * *
(c) Authorized Activities.--
(1) In general.--* * *
(2) Examples of authorized activities.--The
activities described in paragraph (1) may include--
(A) * * *
(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;
* * * * * * *
(F) * * *
(G) education or counseling services designed
to improve the financial literacy and economic
literacy of students or the students' parents;
[(G)](H) funds management, administrative
management, and acquisition of equipment for
use in strengthening funds management;
[(H)](I) joint use of facilities, such as
laboratories and libraries;
[(I)](J) establishing or improving a
development office to strengthen or improve
contributions from alumni and the private
sector;
[(J)](K) establishing or enhancing a program
of teacher education designed to qualify
students to teach in elementary schools or
secondary schools, with a particular emphasis
on teaching Indian children and youth, that
shall include, as part of such program,
preparation for teacher certification;
[(K)](L) establishing community outreach
programs that encourage Indian elementary
school and secondary school students to develop
the academic skills and the interest to pursue
postsecondary education; [and]
(M) developing or improving facilities for
Internet use or other distance education
technologies, and
[(L)](N) other activities proposed in the
application submitted pursuant to subsection
(d) that--
(i) contribute to carrying out the
activities described in [subparagraphs
(A) through (K)] subparagraphs (A)
through (M); and
(ii) are approved by the Secretary as
part of the review and acceptance of
such application.
* * * * * * *
[(d) Application Process.--
[(1) Institutional eligibility.--To be eligible to
receive assistance under this section, a Tribal College
or University shall be an eligible institution under
section 312(b).
[(2) Application.--Any Tribal College or University
desiring to receive assistance under this section shall
submit an application to the Secretary at such time,
and in such manner, as the Secretary may by regulation
reasonably require. The Secretary shall, to the extent
possible, prescribe a simplified and streamlined format
for such applications that takes into account the
limited number of institutions that are eligible for
assistance under this section. Each such application
shall include--
[(A) a 5-year plan for improving the
assistance provided by the Tribal College or
University to Indian students, increasing the
rates at which Indian secondary school students
enroll in higher education, and increasing
overall postsecondary retention rates for
Indian students; and
[(B) such enrollment data and other
information and assurances as the Secretary may
require to demonstrate compliance with
paragraph (1).
[(3) Special rules.--
[(A) Eligibility.--No Tribal College or
University that receives funds under this
section shall concurrently receive funds under
other provisions of this part or part B.
[(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to
receive funds under this section.
[(C) Distribution.--In awarding grants under
this section, the Secretary shall, to the
extent possible and consistent with the
competitive process under which such grants are
awarded ensure maximum and equitable
distribution among all eligible institutions.]
(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, and in such manner, 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.
(3) 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 1-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), the Secretary shall
give preference to eligible
institutions that have not yet received
an award under this section.
(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 College or
University Assistance Act of
1978 (25 U.S.C. 1801(a)) of the
Tribal Colleges and
Universities; and
(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.--For the purposes of
this part, no Tribal College or University that
is eligible for and receives funds under this
section shall concurrently receive funds under
other provisions of this part or part B.
(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to
receive funds under this section.
* * * * * * *
SEC. 317. [20 U.S.C. 1059D] ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING
INSTITUTIONS.
(a) Program Authorized.--* * *
* * * * * * *
(c) Authorized Activities.--
(1) Types of activities authorized.--* * *
(2) Examples of authorized activities.--Such programs
may include--
(A) * * *
* * * * * * *
(G) joint use of facilities such as
laboratories and libraries; [and]
(H) academic tutoring and counseling programs
and student support services[.]; and
(I) education or counseling services designed
to improve the financial literacy and economic
literacy of students or the students' parents.
* * * * * * *
SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
(a) Program Authorized.--The Secretary shall provide grants
and related assistance to Native American-serving, nontribal
institutions to enable such institutions to improve and expand
their capacity to serve Native Americans.
(b) Definitions.--In this section:
(1) Native american.--The term ``Native American''
means an individual who is of a tribe, people, or
culture that is indigenous to the United States.
(2) Native american-serving, nontribal institution.--
The term ``Native American-serving, nontribal
institution'' means an institution of higher education
that, at the time of application--
(A) has an enrollment of undergraduate
students that is not less than 10 percent
Native American students; and
(B) is not a Tribal College or University (as
defined in section 316).
(c) Authorized Activities.--
(1) Types of activities authorized.--Grants awarded
under this section shall be used by Native American-
serving, nontribal institutions to assist such
institutions to plan, develop, undertake, and carry out
activities to improve and expand such institutions'
capacity to serve Native Americans.
(2) Examples of authorized activities.--Such programs
may include--
(A) the purchase, rental, or lease of
scientific or laboratory equipment for
educational purposes, including instructional
and research purposes;
(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist
faculty in attaining advanced degrees in the
faculty's field of instruction;
(D) curriculum development and academic
instruction;
(E) the purchase of library books,
periodicals, microfilm, and other educational
materials;
(F) funds and administrative management, and
acquisition of equipment, for use in
strengthening funds management;
(G) the joint use of facilities such as
laboratories and libraries; and
(H) academic tutoring and counseling programs
and student support services.
(d) Application Process.--
(1) Institutional eligibility.--A Native American-
serving, nontribal institution desiring to receive
assistance under this section shall submit to the
Secretary such enrollment data as may be necessary to
demonstrate that the institution is a Native American-
serving, nontribal institution, along with such other
information and data as the Secretary may by regulation
require.
(2) Applications.
(A) Permission to submit applications.--Any
institution that is determined by the Secretary
to be a Native American-serving, nontribal
institution may submit an application for
assistance under this section to the Secretary.
(B) Simplified and streamlined format.--The
Secretary shall, to the extent possible,
prescribe a simplified and streamlined format
for applications under this section that takes
into account the limited number of institutions
that are eligible for assistance under this
section.
(C) Content.--An application submitted under
subparagraph (A) shall include--
(i) a 5-year plan for improving the
assistance provided by the Native
American-serving, nontribal institution
to Native Americans; and
(ii) such other information and
assurances as the Secretary may
require.
(3) Special rules.--
(A) Eligibility.--No Native American-serving,
nontribal institution that receives funds under
this section shall concurrently receive funds
under other provisions of this part or part B.
(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to
receive funds under this section.
(C) Distribution.--In awarding grants under
this section, the Secretary shall, to the
extent possible and consistent with the
competitive process under which such grants are
awarded, ensure maximum and equitable
distribution among all eligible institutions.
* * * * * * *
PART B--STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
SEC. 321. [20 U.S.C. 1060] FINDINGS AND PURPOSES.
The Congress finds that--
(1) * * *
SEC. 322. [20 U.S.C. 1061] DEFINITIONS.
For the purpose of this part:
(1) * * *
* * * * * * *
(4) The term ``professional and academic areas in
which Blacks are underrepresented'' shall be determined
by the Secretary in consultation with the Commissioner
for Education Statistics and the Commissioner of the
Bureau of Labor Statistics, on the basis of the most
recent available satisfactory data, as professional and
academic areas in which the percentage of Black
Americans who have been educated, trained, and employed
is less than the percentage of Blacks in the general
population.
* * * * * * *
SEC. 323. [20 U.S.C. 1062] GRANTS TO INSTITUTIONS.
(a) General Authorization: Uses of Funds.--From amounts
available under section [360(a)(2)]399(a)(2) in any fiscal year
the Secretary shall make grants (under section 324) to
institutions which have applications approved by the Secretary
(under section 325) for any of the following uses:
(1) * * *
* * * * * * *
(6) * * *
(7) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.
[7](8) Funds and administrative management, and
acquisition of equipment for use in strengthening funds
management.
[8](9) Joint use of facilities, such as laboratories
and libraries.
[9](10) Establishing or improving a development
office to strengthen or improve contributions from
alumni and the private sector.
[10](11) Establishing or enhancing a program of
teacher education designed to qualify students to teach
in a public elementary or secondary school in the State
that shall include, as part of such program,
preparation for teacher certification.
[11](12) Establishing community outreach programs
which will encourage elementary and secondary students
to develop the academic skills and the interest to
pursue postsecondary education.
[12](13) Other activities proposed in the
application submitted pursuant to section 325 that--
* * * * * * *
SEC. 324. [20 U.S.C. 1063] ALLOTMENTS TO INSTITUTIONS.
(a) Allotment; Pell Grant Basis.--* * *
* * * * * * *
(g) * * *
(h) Special Rule on Eligibility.--Notwithstanding any other
provision of this section, a part B institution shall not
receive an allotment under this section unless the part B
institution provides, on an annual basis, data indicating that
the part B institution--
(1) enrolled Federal Pell Grant recipients in the
preceding academic year;
(2) in the preceding academic year, has graduated
students from a program of academic study that is
licensed or accredited by a nationally recognized
accrediting agency or association recognized by the
Secretary pursuant to part H of title IV where
appropriate; and
(3) where appropriate, has graduated students who,
within the past 5 years, enrolled in graduate or
professional school.
* * * * * * *
SEC. 326. [20 U.S.C. 1063B] PROFESSIONAL OR GRADUATE INSTITUTIONS.
(a) General Authorization.--* * *
* * * * * * *
(b) * * *
(c) Uses of Funds.--A grant under this section may be
used--
(1) * * *
(2) construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and
other instructional facilities, including purchase or
rental of telecommunications technology equipment or
services, and for the acquisition and development of
real property that is adjacent to the campus for such
construction, maintenance, renovation, or improvement;
* * * * * * *
(4) * * *
(5) tutoring, counseling, and student service
programs designed to improve academic success;
(6) education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents;
[5](7) [Establish or improve]establishing or
improving a development office to strengthen and
increase contributions from alumni and the private
sector;
[6](8) [assist]assisting in the establishment or
maintenance of an institutional endowment to facilitate
financial independence pursuant to section 331; [and]
[7](9) funds and administrative management, and the
acquisition of equipment, including software, for use
in strengthening funds management and management
information system[.]; and
(10) 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.
* * * * * * *
(e) Eligibility.--
(1) In general.--Independent professional or graduate
institutions and programs eligible for grants under
subsection (a) are the following:
(A) Morehouse School of Medicine;
* * * * * * *
(Q) Norfolk State University qualified
graduate programs; [and]
(R) Tennessee State University qualified
graduate program[.];
(S) Alabama State University qualified
graduate program;
(T) Coppin State University qualified
graduate program;
(U) Prairie View A & M University qualified
graduate program;
(V) Fayetteville State University qualified
graduate program;
(W) Delaware State University qualified
graduate program;
(X) Langston University qualified graduate
program; and
(Y) West Virginia State University qualified
graduate program.
(2) Qualified graduate program.--(A) For the purposes
of this section, the term ``qualified graduate
program'' means a graduate or professional program that
provides a program of instruction in law or in the
physical or natural sciences, engineering,
[mathematics, or]mathematics, psychometrics, or other
scientific discipline in which African Americans are
underrepresented and has students enrolled in such
program at the time of application for a grant under
this section.
(B) * * *
(3) Special Rule.--Institutions that were awarded
grants under this section prior to October 1,
[1998]2007, shall continue to receive such grants,
subject to the availability of appropriated funds,
regardless of the eligibility of the institutions
described in subparagraphs [(Q) and (R) ](S), (T), (U),
(V), (W), (X), and (Y) of paragraph (1).
* * * * * * *
(f) Funding Rule.--Subject to subsection (g), of the amount
appropriated to carry out this section for any fiscal year--
(1) the first $26,600,000 (or any lesser amount
appropriated) shall be available only for the purposes
of making grants to institutions or programs described
in subparagraphs (A) through [(P)](R) of
subsection(e)(1);
(2) any amount in excess of $26,600,000, but not in
excess of $28,600,000, shall be available for the
purpose of making grants to institutions or programs
described in subparagraphs [(Q) and (R)](S), (T), (U),
(V), (W), (X), and (Y) of subsection (e)(1); and
(3) any amount in excess of $28,600,000, shall be
made available to each of the institutions or programs
identified in subparagraphs (A) through [(R)](Y)
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
programs for which the eligible institution
received funding under this section in the
previous year.]
(A) The amount of non-Federal funds for the
fiscal year for which the determination is made
that the institution or program listed in
subsection (e)--
(i) allocates from institutional
resources;
(ii) secures from non-Federal
sources, including amounts appropriated
by the State and amounts from the
private sector; and
(iii) will utilize to match Federal
funds awarded for the fiscal year for
which the determination is made under
this section to the institution or
program.
(B) 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.
(C) The average cost of education per
student, for all full-time graduate or
professional students [(or the equivalent)
enrolled in the eligible professional or
graduate school, or for doctoral students
enrolled in the qualified graduate
programs.]enrolled in the qualified programs or
institutions listed in paragraph (1).
(D) The number of [students]Black American
students or minority students in the previous
year who received their first professional or
doctoral degree from the programs for which the
eligible [institution]institution or program
received funding under this section in the
previous year.
[(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
graduate or professional degrees in the
professions or disciplines related to the
programs for the previous year.]
(E) The percentage that the total number of
Black American students and minority students
who receive their first professional, master's,
or doctoral degrees from the institution 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 degrees in
the professions or disciplines related to the
course of study at such institution or program,
respectively, in the preceding academic year.
(g) Hold Harmless Rule.--Notwithstanding paragraphs (2) and
(3) of subsection (f), no institution or qualified program
identified in subsection (e)(1) that received a grant for
fiscal year 1998 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 [1998]2007, unless the amount
appropriated is not sufficient to provide such grant amounts to
all such institutions and programs, or the institution cannot
provide sufficient matching funds to meet the requirements of
this section.
SEC. 342. [20 U.S.C. 1066A] DEFINITIONS.
For the purposes of this part:
(1) * * *
* * * * * * *
(5) * * *
(A) * * *
* * * * * * *
(C) instructional equipment technology
research instrumentation, and any capital
equipment[,,], or fixture related to facilities
described in subparagraph (A);
* * * * * * *
SEC. 343. [20 U.S.C. 1066B] FEDERAL INSURANCE FOR BONDS.
(a) General Rule.--* * *
* * * * * * *
(e) Sale of Qualified Bonds.--Notwithstanding any other
provision of law, a qualified bond guaranteed under this part
may be sold to any party that offers terms that the Secretary
determines are in the best interest of the eligible
institution.
SEC. 345. [20 U.S.C. 1066D] AUTHORITY OF THE SECRETARY.
In the performance of, and with respect to, the functions
vested in the Secretary by this part, the Secretary--
(1) * * *
* * * * * * *
(6) may include in any contract such other covenants,
conditions, or provisions necessary to ensure that the
purposes of this part will be achieved; [and]
(7) may, directly or by grant or contract, provide
technical assistance to eligible institutions to
prepare the institutions to qualify, apply for, and
maintain a capital improvement loan, including a loan
under this part[.]; and
(8) not later than 90 days after the date of
enactment of the Higher Education Amendments of 2007,
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.
* * * * * * *
SEC. 365. [20 U.S.C. 1067K] DEFINITIONS.
For the purpose of this part--
(1) * * *
* * * * * * *
(9) The term ``special projects'' means--
(A) a special project grant to a minority
institution which [support]supports activities
that--
(1) * * *
* * * * * * *
PART F--GENERAL PROVISIONS
SEC. 391. [20 U.S.C. 1068] APPLICATIONS FOR ASSISTANCE.
(a) Applications.--
(1) * * *
* * * * * * *
(b) Contents.--An institution, in its application for a
grant, shall--
(1) * * *
* * * * * * *
(7) * * *
(A) * * *
* * * * * * *
(E) a detailed description of any activity
which involves the expenditure of more than
$25,000 as identified in the budget referred to
in [subparagraph (E)]subparagraph (D), and
(8) include such other information as the Secretary
may prescribe.
* * * * * * *
SEC. 392. [20 U.S.C. 1068A] WAIVER AUTHORITY AND REPORTING REQUIREMENT.
(a) Waiver Requirements; Need-Based Assistance Students.--*
* *
* * * * * * *
(b) Waiver Determinations; Expenditures.--
(1) * * *
(2) The Secretary shall submit to the Congress every
other year a report concerning the institutions which,
although not satisfying the criterion contained in
section 312(b)(1)(B), have been determined to be
[eligible institutions under part A
institutions]eligible institutions under part A which
enroll significant numbers of Black American, Hispanic,
Native American, Asian American, or Native Hawaiian
students under part A, as the case may be. Such report
shall--
(A) * * *
* * * * * * *
SEC. 396. [20 U.S.C. 1068E] LIMITATIONS.
The funds appropriated under section [360]399 may not be
used--
(1) * * *
* * * * * * *
SEC. 399. [20 U.S.C. 1068H] AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Authorizations.--
[(1) Part a.--
[(A) There are authorized to be appropriated
to carry out part A, $135,000,000 (other than
section 316) for fiscal year 1999, and such
sums as may be necessary for each of the 4
succeeding fiscal years.
[(B) There are authorized to be appropriated
to carry out section 316, $10,000,000 for
fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal
years.
[(C) There are authorized to be appropriated
to carry out section 317, $5,000,000 for fiscal
year 1999 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
[(2) Part b.--
[(A) There are authorized to be appropriated
to carry out part B (other than section 326),
$135,000,000 for fiscal year 1999, and such
sums as may be necessary for each of the 4
succeeding fiscal years.
[(B) There are authorized to be appropriated
to carry out section 326, $35,000,000 for
fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal
years.
[(3) Part c.--There are authorized to be appropriated
to carry out part C, $10,000,000 for fiscal year 1999,
and such sums as may be necessary for each of the 4
succeeding fiscal years.
[(4) Part d.--
[(A) There are authorized to be appropriated
to carry out part D (other than section 345(7),
but including section 347), $110,000 for fiscal
year 1999, and such sums as may be necessary
for each of the 4 succeeding fiscal years.
[(B) There are authorized to be appropriated
to carry out section 345(7), such sums as may
be necessary for fiscal year 1999 and each of
the 4 succeeding fiscal years.
[(5) Part e.--There are authorized to be appropriated
to carry out part E, $10,000,000 for fiscal year 1999,
and such sums as may be necessary for each of the 4
succeeding fiscal years.]
(a) Authorizations.--
(1) Part a.--
(A) There are authorized to be appropriated
to carry out part A (other than sections 316,
317, and 318) such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding
fiscal years.
(B) There are authorized to be appropriated
to carry out section 316 such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(C) There are authorized to be appropriated
to carry out section 317 such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(D) There are authorized to be appropriated
to carry out section 318 such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(2) Part b.--
(A) There are authorized to be appropriated
to carry out part B (other than section 326)
such sums as may be necessary for fiscal year
2008 and each of the 5 succeeding fiscal years.
(B) There are authorized to be appropriated
to carry out section 326 such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(3) Part c.--There are authorized to be appropriated
to carry out part C such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal
years.
(4) Part d.--
(A) There are authorized to be appropriated
to carry out part D (other than section 345(7),
but including section 347) such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(B) There are authorized to be appropriated
to carry out section 345(7) such sums as may be
necessary for fiscal year 2008 and each of the
5 succeeding fiscal years.
(5) Part e.--There are authorized to be appropriated
to carry out part E such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal
years.
(b) Use of Multiple Year Awards.--* * *
(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.
* * * * * * *
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION
SEC. 400. [20 U.S.C. 1070] STATEMENT OF PURPOSE; PROGRAM AUTHORIZATION.
(a) Purpose.--* * *
* * * * * * *
Subpart 1--Federal Pell Grants
SEC. 401. [20 U.S.C. 1070A] FEDERAL PELL GRANTS: AMOUNT AND
DETERMINATIONS; APPLICATIONS.
(a) Program Authority and Method of Distribution.--
(1) For each fiscal year through fiscal year
[2004]2013, the Secretary shall pay to each eligible
institution such sums as may be necessary to pay to
each eligible student (defined in accordance with
section 484) for each academic year during which that
student is in attendance at an institution of higher
education, as an undergraduate, a Federal Pell Grant in
the amount for which that student is eligible, as
determined pursuant to subsection (b). Not less than 85
percent of such sums shall be advanced to eligible
institutions prior to the start of each payment period
and shall be based upon an amount requested by the
institution as needed to pay eligible students until
such time as the Secretary determines and publishes in
the Federal Register with an opportunity for comment,
an alternative payment system that provides payments to
institutions in an accurate and timely manner[,,],
except that this sentence shall not be construed to
limit the authority of the Secretary to place an
institution on a reimbursement system of payment.
(2) * * *
(3) Grants made under [this subpart]this section
shall be known as ``Federal Pell Grants''.
(b) Purpose and Amount of Grants.--
(1) * * *
[(2)(A) The amount of the Federal Pell Grant for a
student eligible under this part shall be--
[(i) $4,500 for academic year 1999-2000;
[(ii) $4,800 for academic year 2000-2001;
[(iii) $5,100 for academic year 2001-2002;
[(iv) $5,400 for academic year 2002-2003; and
[(v) $5,800 for academic year 2003-2004,
[less an amount equal to the amount determined to be
the expected family contribution with respect to that
student for that year.]
(2)(A) The amount of the Federal Pell Grant for a
student eligible under this part shall be--
(i) $5,400 for academic year 2008-2009;
(ii) $5,700 for academic year 2009-2010;
(iii) $6,000 for academic year 2010-2011; and
(iv) $6,300 for academic year 2011-2012, less
an amount equal to the amount determined to be
the expected family contribution with respect
to that student for that year.
(B) * * *
[(3)(A) For any academic year for which an
appropriation Act provides a maximum basic grant in an
amount in excess of $2,700, the amount of a student's
basic grant shall equal $2,700 plus--
[(i) one-half of the amount by which such
maximum basic grant exceeds $2,700; plus
[(ii) the lesser of--
[(I) the remaining one-half of such
excess; or
[(II) the sum of the student's
tuition and, if the student has
dependent care expenses (as described
in section 472(8)) or disability-
related expenses (as described in
section 472(9)), an allowance
determined by the institution for such
expenses.
[(B) An institution that charged only fees in lieu of
tuition as of October 1, 1998, may include in the
institution's determination of tuition charged, fees
that would normally constitute tuition.]
(c) Period of Eligibility for Grants.--
(1) * * *
* * * * * * *
(5) The period of time during which a student may
receive Federal Pell Grants shall not exceed 18
semesters, or an equivalent period of time as
determined by the Secretary pursuant to regulations,
which period shall--
(A) be determined without regard to whether
the student is enrolled on a full-time basis
during any portion of the period of time; and
(B) include any period of time for which the
student received a Federal Pell Grant prior to
July 1, 2008.
* * * * * * *
(f) Calculation of Eligibility.--
(1) * * *
* * * * * * *
(3) Each contractor processing applications for
awards under this subpart shall for each academic year
after academic year 1986-1987 prepare and submit a
report to the Secretary on the correctness of the
computations of amount of the expected family
contribution, and on the accuracy of the questions on
the application form under this subpart for the
previous academic year for which the contractor is
responsible. The Secretary shall transmit the report,
together with the comments and recommendations of the
Secretary,[to the Committee on Appropriations and the
Committee on Labor and Human Resources of the Senate
and the Committee on Appropriations and the Committee
on Education and the Workforce of the House of
Representatives]to the Committee on Appropriations of
the Senate, the Committee on Appropriations of the
House of Representatives, and the authorizing
committees.
* * * * * * *
SEC. 401A. ACADEMIC COMPETITIVENESS GRANTS.
[(a) Academic Competitiveness Grant Program.--
[(1) Academic competitiveness grants authorized.--The
Secretary shall award grants, in the amounts specified
in subsection (d)(1), to eligible students to assist
the eligible students in paying their college education
expenses.
[(2) Academic competitiveness council.--
[(A) Establishment.--There is established an
Academic Competitiveness Council (referred to
in this paragraph as the ``Council''). From the
funds made available under subsection (e) for
fiscal year 2006, $50,000 shall be available to
the Council to carry out the duties described
in subparagraph (B). The Council shall be
chaired by the Secretary of Education, and the
membership of the Council shall consist of
officials from Federal agencies with
responsibilities for managing existing Federal
programs that promote mathematics and science
(or designees of such officials with
significant decision-making authority).
[(B) Duties.--The Council shall--
[(i) identify all Federal programs
with a mathematics or science focus;
[(ii) identify the target populations
being served by such programs;
[(iii) determine the effectiveness of
such programs;
[(iv) identify areas of overlap or
duplication in such programs; and
[(v) recommend ways to efficiently
integrate and coordinate such programs.
[(C) Report.--Not later than one year after
the date of enactment of the Higher Education
Reconciliation Act of 2005, the Council shall
transmit a report to each committee of Congress
with jurisdiction over a Federal program
identified under subparagraph (B)(i), detailing
the findings and recommendations under
subparagraph (B), including recommendations for
legislative or administrative action.]
(a) Academic Competitiveness Grant Program Authorized.--The
Secretary shall award grants, in the amounts specified in
subsection (d)(1), to eligible students to assist the eligible
students in paying their college education expenses.
(b) Designation.--A grant under this section--
(1) for the first or second [academic] year of a
program of undergraduate education shall be known as an
``Academic Competitiveness Grant''; and
(2) for the [third or fourth academic]third, fourth,
or fifth year of a program of undergraduate education
shall be known as a ``National Science and Mathematics
Access to Retain Talent Grant'' or a ``National SMART
Grant''.
(c) Definition of Eligible Student.--In this section the
term ``eligible student'' means a [full-time student who, for
the academic year for which the determination of eligibility is
made]student who--
[(1) is a citizen of the United States;]
(1) is eligible for a Federal Pell Grant for the
award year in which the determination of eligibility is
made for a grant under this section;
[(2) is eligible for a Federal Pell Grant; and]
(2) is enrolled or accepted for enrollment in an
institution of higher education on not less than a
half-time basis; and
(3) in the case of a student enrolled or accepted for
enrollment in--
[(A) the first academic year of a program of
undergraduate education at a two- or four-year
degree-granting institution of higher
education--
[(i) has successfully completed,
after January 1, 2006, a rigorous
secondary school program of study
established by a State or local
educational agency and recognized as
such by the Secretary; and
[(ii) has not been previously
enrolled in a program of undergraduate
education;]
(A) the first year of a program of
undergraduate education at a 2- or 4-year
degree-granting institution of higher education
(including a program of not less than 1 year
for which the institution awards a
certificate), has successfully completed, after
January 1, 2006, a rigorous secondary school
program of study established by a State or
local educational agency and recognized as such
by the Secretary;
(B) the second [academic year of a program of
undergraduate education at a two- or four-year
degree-granting institution of higher
education]year of a program of undergraduate
education at a 2- or 4-year degree-granting
institution of higher education (including a
program of not less than 2 years for which the
institution awards a certificate)--
(i) * * *
(ii) has obtained a cumulative grade
point average of at least 3.0 (or the
equivalent as determined under
regulations prescribed by the
Secretary) at the end of the first
[academic] year of such program of
undergraduate education; [or]
(C) the third or fourth [academic] year of a
program of undergraduate education at a
[four]4-year degree-granting institution of
higher education--
(i) * * *
(I) * * *
[(II) a foreign language that
the Secretary, in consultation
with the Director of National
Intelligence, determines is
critical to the national
security of the United States;
and]
(II) a critical foreign
language; and
(ii) has obtained a cumulative grade
point average of at least 3.0 (or the
equivalent as determined under
regulations prescribed by the
Secretary) in the coursework required
for the major described in clause
(i)[.];
(D) the third or fourth year of a program of
undergraduate education at an institution of
higher education (as defined in section 101(a))
that demonstrates, to the satisfaction of the
Secretary, that the institution--
(i) offers a single liberal arts
curriculum leading to a baccalaureate
degree, under which students are not
permitted by the institution to declare
a major in a particular subject area,
but do study, in such years, a subject
described in subparagraph (C)(i) that
is at least equal to the requirements
for an academic major at an institution
of higher education that offers a
baccalaureate degree in such subject,
as certified by the appropriate
official of the demonstrating
institution; and
(ii) offered such curriculum prior to
February 8, 2006; or
(E) the fifth year of a program of
undergraduate education that requires 5 full
years of coursework for which a baccalaureate
degree is awarded by a degree-granting
institution of higher education, as certified
by the appropriate official of such
institution--
(i) is pursuing a major in--
(I) the physical, life, or
computer sciences, mathematics,
technology, or engineering (as
determined by the Secretary
pursuant to regulations); or
(II) a critical foreign
language; and
(ii) has obtained a cumulative grade
point average of at least 3.0 (or the
equivalent, as determined under
regulations prescribed by the
Secretary) in the coursework required
for the major described in clause (i)
(d) Grant Award.--
(1) Amounts.--
(A) [The]In general.--The Secretary shall
award a grant under this section in the amount
of--
(i) * * *
(ii) $1,300 for an eligible student
under subsection (c)(3)(B); [or]
(iii) $4,000 for an eligible student
under [subsection
(c)(3)(C).]subparagraph (C) or (D) of
subsection (c)(3), for each of the 2
years described in such subparagraphs;
or
(iv) $4,000 for an eligible student
under subsection (c)(3)(E).
(B) [Notwithstanding]Limitation; ratable
reduction._Notwithstanding subparagraph (A)--
(i) in any case in which a student
attends an institution of higher
education on less than a full-time
basis, the amount of the grant that
such student may receive shall be
reduced in the same manner as a Federal
Pell Grant is reduced under section
401(b)(2)(B);
[(i)](ii) the amount of such grant,
in combination with the Federal Pell
Grant assistance and other student
financial assistance available to such
student, shall not exceed the student's
cost of attendance;
[(ii)](iii) if the amount made
available under subsection (e) for any
fiscal year is less than the amount
required to be provided grants to all
eligible students in the amounts
determined under subparagraph (A) and
clause (i) of this subparagraph, then
the amount of the grant to each
eligible student shall be ratably
reduced; and
[(iii)](iv) if additional amounts
are appropriated for any such fiscal
year, such reduced amounts shall be
increased on the same basis as they
were reduced.
[(2) Limitations.--The Secretary shall not award a
grant under this section--
[(A) to any student for an academic year of a
program of undergraduate education described in
subparagraph (A), (B), or (C) of subsection
(c)(3) for which the student received credit
before the date of enactment of the Higher
Education Reconciliation Act of 2005; or
[(B) to any student for more than--
[(i) one academic year under
subsection (c)(3)(A);
[(ii) one academic year under
subsection (c)(3)(B); or
[(iii) two academic years under
subsection (c)(3)(C).]
(2) Limitations.--
(A) No grants for previous credit.--The
Secretary may not award a grant under this
section to any student for any year of a
program of undergraduate education for which
the student received credit before the date of
enactment of the Higher Education
Reconciliation Act of 2005.
(B) Number of grants.--
(i) First year.--In the case of a
student described in subsection
(c)(3)(A), the Secretary may not award
more than 1 grant to such student for
such first year of study.
(ii) Second year.--In the case of a
student described in subsection
(c)(3)(B), the Secretary may not award
more than 1 grant to such student for
such second year of study.
(iii) Third and fourth years.--In the
case of a student described in
subparagraph (C) or (D) of subsection
(c)(3), the Secretary may not award
more than 1 grant to such student for
each of the third and fourth years of
study.
(iv) Fifth year.--In the case of a
student described in subsection
(c)(3)(E), the Secretary may not award
more than 1 grant to such student for
such fifth year of study.
(3) Calculation of grant payments.--An
institution of higher education shall make
payments of a grant awarded under this section
in the same manner, using the same payment
periods, as such institution makes payments for
Federal Pell Grants under section 401.
(e) Funding.--
(1) * * *
* * * * * * *
[(2) Use of excess funds.--If, at the end of a fiscal
year, the funds available for awarding grants under
this section exceed the amount necessary to make such
grants in the amounts authorized by subsection (d),
then all of the excess funds shall remain available for
awarding grants under this section during the
subsequent fiscal year.]
(2) Availability of funds.--Funds made available
under paragraph (1) for a fiscal year shall remain
available for the succeeding fiscal year.
(f) Recognition of Programs of Study.--The Secretary shall
recognize [at least one]not less than 1 rigorous secondary
school program of study in each State under [subsection
(c)(3)(A) and (B)]subparagraphs (A) and (B) of subsection
(c)(3) for the purpose of determining student eligibility under
such subsection.
(g) Sunset Provision.--The authority to make grants under
this section shall expire at the end of [academic]award year
2010-2011.
* * * * * * *
Subpart 2--Federal Early Outreach and Student Services Programs
CHAPTER 1--FEDERAL TRIO PROGRAMS
SEC. 402A. [20 U.S.C. 1070A-11] PROGRAM AUTHORITY; AUTHORIZATION OF
APPROPRIATIONS.
(a) Grants and Contracts Authorized.--* * *
(b) Recipients, Duration, and Size.--
(1) * * *
(2) Duration.--Grants or contracts made under this
chapter shall be awarded for a period of [4]5 years,
except that--
[(A) the Secretary shall award such grants or
contracts for 5 years to applicants whose peer
review scores were in the highest 10 percent of
scores of all applicants receiving grants or
contracts in each program competition for the
same award year;]
[(B)](A) grants made under section 402G shall
be awarded for a period of 2 years; and
[(C)](B) grants under section 402H shall be
awarded for a period determined by the
Secretary.
[(3) Minimum grants.--Unless the institution or
agency requests a smaller amount, individual grants
under this chapter shall be no less than--
[(A) $170,000 for programs authorized by
sections 402D and 402G;
[(B) $180,000 for programs authorized by
sections 402B and 402F; and
[(C) $190,000 for programs authorized by
sections 402C and 402E.]
(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.
(c) Procedures for Awarding Grants and Contracts.--
(1) * * *
(2) Prior experience.--In making grants under this
chapter, the Secretary shall consider each applicant's
prior experience of [service delivery]high quality
service delivery, as determined under subsection (f),
under the particular program for which funds are
sought. The level of consideration given the factor of
prior experience shall not vary from the level of
consideration given such factor during fiscal years
1994 through 1997, except that grants made under
section 402H shall not be given prior experience
consideration.
(3) Order of awards; program fraud.--
(A) * * *
(B) The Secretary [is not required to]shall
not provide assistance to a program otherwise
eligible for assistance under this chapter, if
the Secretary has determined that such program
has involved the fraudulent use of funds under
this chapter.
* * * * * * *
(5) Number of applications for grants and
contracts.--The Secretary shall not limit the number of
applications submitted by an entity under any program
authorized under this chapter if the additional
applications describe programs serving different
populations or [campuses]different campuses.
* * * * * * *
(e) Documentation of Status as a Low-Income Individual.--
(1) Except in the case of an independent student, as
defined in section 480(d), documentation of an
individual's status pursuant to subsection
[(g)(2)](h)(4) shall be made by providing the Secretary
with--
(A) * * *
* * * * * * *
(2) In the case of an independent student, as defined
in section 480(d), documentation of an individual's
status pursuant to subsection [(g)(2)](h)(4) shall be
made by providing the Secretary with--
* * * * * * *
(f) Outcome Criteria.--
(1) Use for prior experience determination.--The
Secretary shall use the outcome criteria described in
paragraphs (2) and (3) to evaluate the programs
provided by a recipient of a grant under this chapter,
and the Secretary shall determine an eligible entity's
prior experience of high quality service delivery, as
required under subsection (c)(2), based on the outcome
criteria.
(2) Disaggregation of relevant data.--The outcome
criteria under this subsection shall be disaggregated
by low-income students, first generation college
students, and individuals with disabilities, in the
schools and institutions of higher education served by
the program to be evaluated.
(3) Contents of outcome criteria.--The outcome
criteria under this subsection shall measure, annually
and for longer periods, the quality and effectiveness
of programs authorized under this chapter and shall
include the following:
(A) For programs authorized under section
402B, the extent to which the eligible entity
met or exceeded the entity's objectives
established in the entity's application for
such program regarding--
(i) the delivery of service to a
total number of students served by the
program;
(ii) the continued secondary school
enrollment of such students;
(iii) the graduation of such students
from secondary school;
(iv) the enrollment of such students
in an institution of higher education;
and
(v) 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; and
(v) the enrollment of such students
in an institution of higher education.
(C) For programs authorized under section
402D--
(i) the extent to which the eligible
entity met or exceeded the entity's
objectives regarding the retention in
postsecondary education of the students
served by the program;
(ii)(I) in the case of an entity that
is an institution of higher education
offering a baccalaureate degree, the
extent to which the entity met or
exceeded the entity's objectives
regarding 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 the entity 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 such students remaining in
good academic standing.
(D) For programs authorized under section
402E, the extent to which the entity met or
exceeded the entity's objectives for such
program regarding--
(i) the delivery of service to a
total number of students, as agreed
upon by the entity and the Secretary
for the period;
(ii) the provision of appropriate
scholarly and research activities for
the students served by the program;
(iii) the acceptance and enrollment
of such students in graduate programs;
and
(iv) the continued enrollment of such
students in graduate study and the
attainment of doctoral degrees by
former program participants.
(E) For programs authorized under section
402F, the extent to which the entity met or
exceeded the entity's objectives for such
program regarding--
(i) the enrollment of students
without a secondary school diploma or
its recognized equivalent, who were
served by the program, in programs
leading to such diploma or equivalent;
(ii) the enrollment of secondary
school graduates who were served by the
program in programs of postsecondary
education;
(iii) the delivery of service to a
total number of students, as agreed
upon by the entity and the Secretary
for the period; and
(iv) the provision of assistance to
students served by the program in
completing financial aid applications
and college admission applications.
(4) Measurement of progress.--In order to
determine the extent to which an outcome
criterion described in paragraphs (2) or (3) is
met or exceeded, an eligible entity receiving
assistance under this chapter shall compare the
eligible entity's target for the criterion, as
established in the eligible entity's
application, with the results for the
criterion, measured as of the last day of the
applicable time period for the determination.
[(f)](g) Authorization of Appropriations.--For the purpose
of making grants and contracts under this chapter, there are
authorized to be appropriated [$700,000,000 for fiscal year
1999, and such sums as may be necessary for each of the 4
succeeding fiscal years.]such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal years. Of
the amount appropriated under this chapter, the Secretary may
use no more than \1/2\ of 1 percent of such amount to obtain
additional qualified readers and additional staff to review
applications, to increase the level of oversight monitoring, to
support impact studies, program assessments and reviews, and to
provide technical assistance to potential applicants and
current grantees. In expending these funds, the Secretary shall
give priority to the additional administrative requirements
provided in the Higher Education Amendments of 1992, to
outreach activities, and to obtaining additional readers. [The
Secretary shall report to Congress by October 1994, on the use
of these funds.]
[(g)](h) Definitions.--For the purpose of this chapter:
(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.
(9) Different population.--The term ``different
population'' means a group of individuals, with respect
to whom an eligible entity desires to serve through an
application for a grant under this chapter, 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.
[(1)](3) First generation college student.--The term
``first generation college student'' means--
(A) * * *
* * * * * * *
[(2)](4) Low-income individual.--* * *
[(3)](5) Veteran eligibility.--* * *
(A) served on active duty for a period of
more than 180 days, any part of which occurred
after January 31, 1955, and was discharged or
released therefrom under conditions other than
dishonorable; [or]
(B) served on active duty after January 31,
1955, and was discharged or released therefrom
because of a service connected disability[.];
or
(C) was a member of a reserve component of
the Armed Forces called to active duty for a
period of more than 180 days.
[(4)](6) Waiver.--The Secretary may waive the service
requirements in [subparagraph (A) or (B) of paragraph
(3)]subparagraph (A), (B), or (C) of paragraph (5) if the
Secretary determines the application of the service
requirements to a veteran will defeat the purpose of a program
under this chapter.
* * * * * * *
SEC. 402B. [20 U.S.C. 1070A-12] TALENT SEARCH.
(a) Program Authority.--* * *
(1) [to identify qualified youths with potential for
education at the postsecondary level and to encourage
such youths]to encourage eligible youths to complete to
secondary school to undertake a program of secondary
education;
(2) to publicize the availability of and facilitate
the application for, student financial assistance
available to persons who pursue a program of
postsecondary education; and
(3) to encourage persons who have not completed
programs of education at the secondary or postsecondary
level [but who have the ability to complete such
programs, to reenter]to enter or reenter, and complete
such programs.
[(b) Permissible Services.--Any talent search project
assisted under this chapter may provide services such as--
[(1) academic advice and assistance in secondary
school and college course selection;
[(2) assistance in completing college admission and
financial aid applications;
[(3) assistance in preparing for college entrance
examinations;
[(4) guidance on and assistance in secondary school
reentry, entry to general educational development (GED)
programs, other alternative education programs for
secondary school dropouts, or postsecondary education;
[(5) personal and career counseling, or activities
designed to acquaint individuals from disadvantaged
backgrounds with careers in which the individuals are
particularly underrepresented;
[(6) tutorial services;
[(7) exposure to college campuses as well as cultural
events, academic programs and other sites or activities
not usually available to disadvantaged youth;
[(8) workshops and counseling for families of
students serviced;
[(9) mentoring programs involving elementary or
secondary school teachers or counselors, faculty
members at institutions of higher education, students,
or any combination of such person; and
[(10) programs and activities as described in
paragraphs (1) through (9) which are specially designed
for students of limited English proficiency.]
(b) Required Services.--Any project assisted under this
section shall provide--
(1) academic tutoring, or connections to high quality
academic tutoring services, 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 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 both the full range of Federal
student financial aid programs (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.
(c) Permissible Services.--Any project assisted under this
section may provide services such as--
(1) personal and career counseling or activities;
(2) information and activities designed to acquaint
youths with the range of career options available to
youths;
(3) 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;
(4) workshops and counseling for families of students
served;
(5) 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
(6) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this
subsection that are specially designed for students who
are limited English proficient, 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)), or students who are in foster care or are
aging out of the foster care system.
[(c)](d) Requirements for Approval of Applications.--In
approving applications for [talent search projects under this
chapter]projects under this section for any fiscal year the
Secretary shall --
* * * * * * *
SEC. 402C. [20 U.S.C. 1070A-13] UPWARD BOUND.
(a) Program Authority.--* * *
[(b) Permissible Services.--Any upward bound project
assisted under this chapter may provide services such as--
[(1) instruction in reading, writing, study skills,
mathematics, and other subjects necessary for success
beyond secondary school;
[(2) counseling and workshops;
[(3) academic advice and assistance in secondary
school course selection;
[(4) tutorial services;
[(5) exposure to cultural events, academic programs,
and other activities not usually available to
disadvantaged youth;
[(6) activities designed to acquaint youths
participating in the project with the range of career
options available to them;
[(7) instruction designed to prepare youths
participating in the project for careers in which
persons from disadvantaged backgrounds are particularly
underrepresented;
[(8) on-campus residential programs;
[(9) mentoring programs involving elementary or
secondary school teachers or counselors, faculty
members at institutions of higher education, students,
or any combination of such persons;
[(10) work-study positions where youth participating
in the project are exposed to careers requiring a
postsecondary degree;
[(11) special services to enable veterans to make the
transition to postsecondary education; and
[(12) programs and activities as described in
paragraphs (1) through (11) which are specially
designed for students of limited English proficiency.]
(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 both the full range of Federal
student financial aid programs (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.
(c) [Required Services] Additional Required Services for
Multiple-Year Grant Recipients.--Any [upward bound project
assisted under this chapter] project assisted under this
section which has received funding for two or more years shall
include, as part of the core curriculum in the next and
succeeding years, instruction in mathematics through
precalculus, laboratory science, foreign language, composition,
and literature.
(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 youths participating in the project with
the range of career options available to the youths;
(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 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 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)), or students who are
in foster care or are aging out of the foster care
system.
(e) Priority.--In providing assistance under this section
the Secretary--
(1) shall give priority to projects assisted under
this section that select not less than 30 percent of
all first-time participants in the projects from
students who have a high academic risk for failure; and
(2) shall not deny participation in a project
assisted under this section to a student because the
student will enter the project after the 9th grade.
[(d)](f) Requirements for Approval of Applications.--In
approving applications for [upward bound projects under this
chapter]projects under this section for any fiscal year, the
Secretary shall--
(1) * * *
* * * * * * *
[(e)](g) Maximum Stipends.--Youths participating in a
project proposed to be carried out under any application may be
paid stipends not in excess of $60 per month [during June,
July, and August]during the summer school recess, for a period
not to exceed 3 months, except that youth participating in a
work-study position under section [(b)(10)](d)(5) may be paid a
stipend of $300 per month [during June, July, and August],
during the summer school recess, for a period not to exceed 3
months. Youths participating in a project proposed to be
carried out under any application may be paid stipends not in
excess of $40 per month during the remaining period of the
year.
* * * * * * *
SEC. 402D. [20 U.S.C. 1070A-14] STUDENT SUPPORT SERVICES.
(a) Program Authority.--* * *
(1) * * *
(2) to increase the transfer rates of eligible
students from 2-year to 4-year institutions; [and]
[(3) to foster an institutional climate supportive of
the success of low-income and first generation college
students and individuals with disabilities.]
(3) to foster an institutional climate supportive of
the success of low-income and first generation college
students, students with disabilities, students who are
limited English proficient, 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)), and students who are in foster care or
are aging out of the foster care system.
(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.
[(b) Permissible Services.--A student support
services project assisted under this chapter may
provide services such as--
[(1) instruction in reading, writing, study skills,
mathematics, and other subjects necessary for success
beyond secondary school;
[(2) personal counseling;
[(3) academic advice and assistance in course
selection;
[(4) tutorial services and counseling and peer
counseling;
[(5) exposure to cultural events and academic
programs not usually available to disadvantaged
students;
[(6) activities designed to acquaint students
participating in the project with the range of career
options available to them;
[(7) activities designed to assist students
participating in the project in securing admission and
financial assistance for enrollment in graduate and
professional programs;
[(8) activities designed to assist students currently
enrolled in 2-year institutions in securing admission
and financial assistance for enrollment in a four-year
program of postsecondary education;
[(9) mentoring programs involving faculty or upper
class students, or a combination thereof; and
[(10) programs and activities as described in
paragraphs (1) through (9) which are specially designed
for students of limited English proficiency.]
(b) Required Services.--A project assisted under this
section shall provide--
(1) academic tutoring 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 (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 securing college
admission and financial assistance for enrollment in
graduate and professional programs; and
(6) activities designed to assist students enrolled
in 2-year institutions of higher education in securing
admission and financial assistance for enrollment in a
4-year program of postsecondary education.
(c) Permissible Services.--A project assisted under this
section may provide services such as--
(1) consistent, individualized personal, career, and
academic counseling, provided by assigned counselors;
(2) information, activities, and instruction designed
to acquaint youths 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) activities designed to acquaint students
participating in the project with the range of career
options available to the students;
(5) mentoring programs involving faculty or upper
class students, or a combination thereof;
(6) securing temporary housing during breaks in the
academic year for 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 students who are in foster care or are aging out of
the foster care system; and
(7) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this
subsection that are specially designed for students who
are limited English proficient, 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)) or were formerly homeless children and youths,
or students who are in foster care or are aging out of
the foster care system.
[(c)](d) Special Rule.--
(1) Use for student aid.--A recipient of a grant that
undertakes any of the permissible services identified
in [subsection (b)]subsection (c) may, in addition, use
such funds to provide grant aid to students. A grant
provided under this paragraph shall not exceed the
maximum appropriated Pell Grant or, be less than the
maximum appropriated Pell Grant, for the current
academic year. In making grants to students under this
subsection, an institution shall ensure that adequate
consultation takes place between the student support
service program office and the institution's financial
aid office.
(2) * * *
* * * * * * *
[(d)](e) Requirements for Approval of Applications.--In
approving applications for [student support services projects
under this chapter]projects under this section for any fiscal
year, the Secretary shall--
(1) * * *
* * * * * * *
SEC. 402E. [20 U.S.C. 1070A-15] POSTBACCALAUREATE ACHIEVEMENT PROGRAM
AUTHORITY.
(a) Program Authority.--* * *
(b) Required Services.--[A postbaccalaureate achievement
project assisted under this section may provide services such
as--]A project assisted under this section shall provide--
* * * * * * *
(5) academic counseling; and
(6) activities designed to assist students
participating in the project in securing admission to
and financial assistance for enrollment in graduate
program[;].
[(7) mentoring programs involving faculty members at
institutions of higher education, students, or any
combination of such persons; and
[(8) exposure to cultural events and academic
programs not usually available to disadvantaged
students.]
(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.
[(c)](d) Requirements.--In approving applications for
[postbaccalaureate achievement] projects assisted under this
section for any fiscal year, the Secretary shall require--
* * * * * * *
[(d)](e) Award Considerations.--* * *
* * * * * * *
[(e)](f) Maximum Stipends.--Students participating in
research under a [postbaccalaureate achievement project]project
under this section may receive an award that--
(1) * * *
* * * * * * *
[(f)](g) Funding.--From amounts appropriated pursuant to
the authority of section [402A(f)]402(A)(g), the Secretary
shall, to the extent practicable, allocate funds for projects
authorized by this section in an amount which is not less than
$11,000,000 for each of the fiscal years [1993 through
1997]2007 through 2012.
* * * * * * *
SEC. 402F. [20 U.S.C. 1070A-16] EDUCATIONAL OPPORTUNITY CENTERS.
(a) Program Authority; Services Provided.--* * *
(1) to provide information with respect to financial
and academic assistance available for individuals
desiring to pursue a program of postsecondary
education; [and]
(2) to provide assistance to such persons in applying
for admission to institutions at which a program of
postsecondary education is offered, including preparing
necessary applications for use by admissions and
financial aid officers[.]; and
(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.
(b) Permissible Services.--
(1) * * *
* * * * * * *
(5) education or counseling services designed to
improve the financial literacy and economic literacy of
students;
[(5)](6) guidance on secondary school reentry or
entry to a general educational development (GED)
program or other alternative education programs for
secondary school dropouts;
[(6) personal counseling;] (7) individualized
personal, career, and academic counseling;
[(7)](8) tutorial services;
[(8)](9) career workshops and counseling;
[(9)](10) mentoring programs involving elementary or
secondary school teachers, faculty members at
institutions of higher education, students, or any
combination of such persons; and
[(10) programs and activities as described in
paragraphs (1) through (9) which are specially designed
for students of limited English proficiency.)]
(11) programs and activities as described in
paragraphs (1) through (10) that are specially designed
for students who are limited English proficient,
students with disabilities, or 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 programs and
activities for students who are in foster care or are
aging out of the foster care system.
* * * * * * *
SEC. 402G. [20 U.S.C. 1070A-171] STAFF DEVELOPMENT ACTIVITIES.
(a) Secretary's Authority.--* * *
(b) * * *
(1) * * *
* * * * * * *
(3) The design and operation of model programs for
projects funded under this chapter, including
strategies for recruiting and serving 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)) and students who are
in foster care or are aging out of the foster care
system.
* * * * * * *
SEC. 402H. [20 U.S.C. 1070A-181] [EVALUATIONS AND GRANTS FOR PROJECT
IMPROVEMENT AND DISSEMINATION PARTNERSHIP
PROJECTS.]REPORTS, EVALUATIONS, AND GRANTS FOR
PROJECT IMPROVEMENT AND DISSEMINATION.
(a) Reports to the Authorizing Committees.--The Secretary
shall submit annually, to the authorizing committees, a report
that documents the performance of all programs funded under
this chapter. The report shall--
(1) be submitted not later than 24 months after the
eligible entities receiving funds under this chapter
are required to report their performance to the
Secretary;
(2) focus on the programs' performance on the
relevant outcome criteria determined under section
402A(f)(4);
(3) aggregate individual project performance data on
the outcome criteria in order to provide national
performance data for each program;
(4) include, when appropriate, descriptive data,
multi-year data, and multi-cohort data; and
(5) include comparable data on the performance
nationally of low-income students, first-generation
students, and students with disabilities.
[(a)](b) Evaluations.--
(1) In general.--* * *
[(2) Practices.--The evaluations described in
paragraph (1) shall identify institutional, community,
and program or project practices that are particularly
effective in enhancing the access of low-income
individuals and first-generation college students to
postsecondary education, the preparation of the
individuals and students for postsecondary education,
and the success of the individuals and students in
postsecondary education. Such evaluations shall also
investigate the effectiveness of alternative and
innovative methods within Federal TRIO programs of
increasing access to, and retention of, students in
postsecondary education.]
(2) Practices.--
(A) In general.--The evaluations described in
paragraph (1) shall identify institutional,
community, and program or project practices
that are particularly effective in--
(i) enhancing the access of low-
income individuals and first-generation
college students to postsecondary
education;
(ii) the preparation of the
individuals and students for
postsecondary education; and
(iii) fostering the success of the
individuals and students in
postsecondary education.
(B) Primary purpose.--Any evaluation
conducted under this chapter shall have as its
primary purpose the identification of
particular practices that further the
achievement of the outcome criteria determined
under section 402A(f)(4).
(C) Dissemination and use of evaluation
findings.--The Secretary shall disseminate to
eligible entities and make available to the
public the practices identified under
subparagraph (B). The practices may be used by
eligible entities that receive assistance under
this chapter after the dissemination.
(3) Recruitment.--The Secretary shall not require an
eligible entity desiring to receive assistance under
this chapter to recruit students to serve as a control
group for purposes of evaluating any program or project
assisted under this chapter.
[(b)](c) Grants.--* * *
* * * * * * *
[(c)](d) Results.--
* * * * * * *
CHAPTER 2--GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS
SEC. 404A. [20 U.S.C. 1070A-21] EARLY INTERVENTION AND COLLEGE
AWARENESS PROGRAM AUTHORIZED.
[(a) Program Authorized.--The Secretary is authorized, in
accordance with the requirements of this chapter, to establish
a program that--
[(1) encourages eligible entities to 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; and
[(2) supports eligible entities in providing--
[(A) additional counseling, mentoring,
academic support, outreach, and supportive
services to elementary school, middle school,
and secondary school students who are at risk
of dropping out of school; and
[(B) information to students and their
parents about the advantages of obtaining a
postsecondary education and the college
financing options for the students and their
parents.]
(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
to eligible low-income students 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 middle school and secondary
school students 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 parents about
the advantages of obtaining a postsecondary education
and the college financing options for the students and
their parents.
(b) Awards.--
(1) In general.--From funds appropriated under
section [404H] 404G for each fiscal year, the Secretary
shall make awards to eligible entities described in
paragraphs (1) and (2) of subsection (c) to enable the
entities to carry out the program authorized under
subsection (a).
(2) Priority.--* * *
[(A) give priority to eligible entities
that--
[(i) on the day before the date of
enactment of the Higher Education
Amendments of 1998, 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;]
(A) give priority to eligible entities that
have a prior, demonstrated commitment to early
intervention leading to college access through
collaboration and replication of successful
strategies;
* * * * * * *
(c) Definition of Eligible Entity.-- * * *
(1) * * *
[(2) a partnership consisting of--
[(A) one or more local educational agencies
acting on behalf of
[(i) one or more elementary schools
or secondary schools; and
[(ii) the secondary schools that
students from the schools described in
clause (i) would normally attend;
[(B) one or more degree granting institutions
of higher education; and
[(C) at least two community organizations or
entities, such as businesses, professional
associations, community-based organizations,
philanthropic organizations, State agencies,
institutions or agencies sponsoring programs
authorized under subpart 4, or other public or
private agencies or organizations.]
(2) a partnership--
(A) consisting of--
(i) 1 or more local educational
agencies; and
(ii) 1 or more degree granting
institutions of higher education; and
(B) which may include not less than 2 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.
* * * * * * *
SEC. 404B. [20 U.S.C. 1070A-22] REQUIREMENTS.
[(a) Funding Rules.--
[(1) Continuation awards.--From the amount
appropriated under section 404H for a fiscal year, the
Secretary shall continue to award grants to States
under this chapter (as this chapter was in effect on
the day before the date of enactment of the Higher
Education Amendments of 1998) in accordance with the
terms and conditions of such grants.
[(2) Distribution.--From the amount appropriated
under section 404H that remains after making
continuation awards under paragraph (1) for a fiscal
year, the Secretary shall
[(A) make available--
[(i) not less than 33 percent of the
amount to eligible entities described
in section 404A(c)(1); and
[(ii) not less than 33 percent of the
amount to eligible entities described
in section 404A(c)(2); and
[(B) award the remainder of the amount to
eligible entities described in paragraph (1) or
(2) of section 404A(c).
[(3) Special rule.--The Secretary shall annually
reevaluate the distribution of funds described in
paragraph (2)(B) based on number, quality, and promise
of the applications and adjust the distribution
accordingly.]
(a) Funding Rules.--
(1) Distribution.--In awarding grants from the amount
appropriated under section 404G for a fiscal year, the
Secretary shall take into consideration
(A) the geographic distribution of such
awards; and
(B) the distribution of such awards between
urban and rural applicants.
(2) Special rule.--The Secretary shall annually
reevaluate the distribution of funds described in
paragraph (1) based on number, quality, and promise of
the applications.
[(b) Limitation.--Each eligible entity described in section
404A(c)(1), and each eligible entity described in section
404A(c)(2) that conducts a scholarship component under section
404E, shall use not less than 25 percent and not more than 50
percent of grant funds received under this chapter for the
early intervention component of an eligible entity's program
under this chapter, except that the Secretary may waive the 50
percent limitation if the eligible entity demonstrates that the
eligible entity has another means of providing the students
with financial assistance that is described in the plan
submitted under section 404C.]
[(c)](b) Coordination.--* * *
* * * * * * *
[(d)](c) Designation of Fiscal Agent.--An eligible entity
described in section 404A(c)(2) shall designate an institution
of higher education or a local educational agency as the fiscal
agent for the eligible entity.
[(e) Coordinators.--An eligible entity described in section
404A(c)(2) shall have a full-time program coordinator or a
parttime program coordinator, whose primary responsibility is a
project under section 404C.
[(f) Displacement.--An eligible entity described in
404A(c)(2) shall ensure that the 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.]
[(g)](d) Cohort Approach.--
[(1) In general.--* * *
* * * * * * *
(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.
* * * * * * *
SEC. 404C. [20 U.S.C. 1070A-23] [ELIGIBLE ENTITY PLANS]APPLICATIONS
(a) [Plan]Application Required for Eligibility.--
(1) In general--In order or an eligible entity to
qualify for a grant under this chapter, the eligible
entity shall submit to the Secretary [a plan] an
application for carrying out the program under this
chapter. [Such plan shall provide for the conduct of a
scholarship component if required or undertaken
pursuant to section 404E and an early intervention
component required pursuant to section 404D.]
[(2) Contents.--Each plan 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 require by
regulation. Each such plan shall--
[(A) describe the activities for which
assistance under this chapter is sought; and
[(B) provide such additional assurances as
the Secretary determines necessary to ensure
compliance with the requirements of this
chapter.]
(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 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 how the eligible agency will
meet the requirements of section 404E;
(C) provide assurances that adequate
administrative and support staff will be
responsible for coordinating the activities
described in section 404D;
(D) ensure 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;
(E) describe, in the case of an eligible
entity described in section 401A(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;
(F) describe how the eligible entity will co-
ordinate programs with other existing Federal,
State, or local programs to avoid duplication
and maximize the number of students served;
(G) provide such additional assurances as the
Secretary determines necessary to ensure
compliance with the requirements of this
chapter; and
(H) 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.
(b) Matching Requirement.--
(1) In general.--The Secretary shall not approve [a
plan]an application submitted under subsection (a)
unless [such plan]such application--
* * * * * * *
(c) Methods for Complying with Matching Requirement.--
(1) the amount of the financial assistance paid to
students from State, local, institutional, or private
funds under this chapter[;]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;
* * * * * * *
SEC. 404D. [20 U.S.C. 1070A-24] EARLY INTERVENTION.
[(a) Services.--
[(1) In general.--In order to receive a grant under
this chapter, an eligible entity shall demonstrate to
the satisfaction of the Secretary, in the plan
submitted under section 404C, that the eligible entity
will provide comprehensive mentoring, counseling,
outreach, and supportive services to students
participating in programs under this chapter. Such
counseling shall include--
[(A) financial aid counseling and information
regarding the opportunities for financial
assistance under this title; and
[(B) activities or information regarding--
[(i) fostering and improving parent
involvement in promoting the advantages
of a college education, academic
admission requirements, and the need to
take college preparation courses;
[(ii) college admissions and
achievement tests; and
[(iii) college application
procedures.
[(2) Methods.--The eligible entity shall demonstrate
in such plan, pursuant to regulations of the Secretary,
the methods by which the eligible entity will target
services on priority students described in subsection
(c), if applicable.
[(b) Uses of Funds.--
[(1) In general.--The Secretary shall, by regulation,
establish criteria for determining whether
comprehensive mentoring, counseling, outreach, and
supportive services programs may be used to meet the
requirements of subsection (a).
[(2) Permissible activities.--Examples of activities
that meet the requirements of subsection (a) include
the following:
[(A) Providing eligible students in preschool
through grade 12 with a continuing system of
mentoring and advising that--
[(i) is coordinated with the Federal
and State community service
initiatives; and
[(ii) may include such support
services as after school and summer
tutoring, assistance in obtaining
summer jobs, career mentoring, and
academic counseling.
[(B) Requiring each student to enter into an
agreement under which the student agrees to
achieve certain academic milestones, such as
completing a prescribed set of courses and
maintaining satisfactory progress described in
section 484(c), in exchange for receiving
tuition assistance for a period of time to be
established by each eligible entity.
[(C) Activities designed to ensure secondary
school completion and college enrollment of at-
risk children, such as identification of at-
risk children, after school and summer
tutoring, assistance in obtaining summer jobs,
academic counseling, volunteer and parent
involvement, providing former or current
scholarship recipients as mentor or peer
counselors, skills assessment, providing access
to rigorous core courses that reflect
challenging academic standards, personal
counseling, family counseling and home visits,
staff development, and programs and activities
described in this subparagraph that are
specially designed for students of limited
English proficiency.
[(D) Summer programs for individuals who are
in their sophomore or junior years of secondary
school or are planning to attend an institution
of higher education in the succeeding academic
year that--
[(i) are carried out at an
institution of higher education that
has programs of academic year
supportive services for disadvantaged
students through projects authorized
under section 402D or through
comparable projects funded by the State
or other sources;
[(ii) provide for the participation
of the individuals who are eligible for
assistance under section 402D or who
are eligible for comparable programs
funded by the State;
[(iii)(I) provide summer instruction
in remedial, developmental or
supportive courses;
[(II) provide such summer services as
counseling, tutoring, or orientation;
and
[(III) provide financial assistance
to the individuals to cover the
individuals' summer costs for books,
supplies, living costs, and personal
expenses; and
[(iv) provide the individuals with
financial assistance during each
academic year the individuals are
enrolled at the participating
institution after the summer program.
[(E) Requiring eligible students to meet
other standards or requirements as the State
determines necessary to meet the purposes of
this section.
[(c) Priority Students.--For eligible entities not using a
cohort approach, the eligible entity shall treat as priority
students any student in preschool through grade 12 who is
eligible--
[(1) to be counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965;
[(2) for free or reduced price meals under the
Richard B. Russell National School Lunch Act; or
[(3) for assistance pursuant to part A of title IV of
the Social Security Act.
[(d) 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 deems appropriate.]
SEC. 404D. ACTIVITIES.
(a) Required Activities.--Each eligible entity receiving a
grant under this chapter shall carry out the following:
(1) Provide information regarding financial aid for
postsecondary education to participating students in
the cohort described in subsection 404B(d)(1)(A).
(2) Encourage student enrollment in rigorous and
challenging curricula and coursework, in order to
reduce the need for remedial coursework at the
postsecondary level.
(3) Support activities designed to improve 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), provide for the scholarships
described in section 404E.
(b) Optional Activities for States and Partnerships.--An
eligible entity that receives a grant under this chapter may
use grant funds to carry out 1 or more of the following
activities:
(1) Providing tutoring and supporting mentors,
including 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 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 academic standards;
(B) successfully applying for postsecondary
education;
(C) successfully applying for student
financial aid; and
(D) developing graduation and career plans.
(6) Providing support for scholarships described in
section 404E.
(7) Introducing eligible students to institutions of
higher education, through trips and school-based
sessions.
(8) Providing an intensive extended school day,
school year, or summer program that offers--
(A) additional academic classes; or
(B) assistance with college admission
applications.
(9) 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) volunteer and parent involvement;
(F) encouraging former or current
participants of a program under this chapter to
serve as peer counselors;
(G) skills assessments;
(H) personal counseling;
(I) family counseling and home visits;
(J) staff development; and
(K) programs and activities described in this
subsection that are specially designed for 3
students who are limited English proficient.
(10) Enabling eligible students to enroll in Advanced
Placement or International Baccalaureate courses, or
college entrance examination preparation courses.
(11) 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.
(c) Additional Optional Activities for States.--In addition
to the required activities described in subsection (a) and the
optional 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 1 or more of the
following activities:
(1) Providing technical assistance to--
(A) middle schools or secondary schools that
are located within the State; or
(B) partnerships described in section
404A(c)(2) that are located within the State.
(2) Providing professional development opportunities
to individuals working with eligible cohorts of
students described in section 404B(d)(1)(A).
(3) Providing strategies and activities that align
efforts in the State to prepare eligible students for
attending and succeeding in postsecondary education,
which may include the development of graduation and
career plans.
(4) Disseminating information on the use of
scientifically based research and best practices to
improve services for eligible students.
(5)(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.
(6) Working to align State academic standards and
curricula with the expectations of postsecondary
institutions and employers.
(7) Developing alternatives to traditional secondary
school that give students a head start on attaining a
recognized postsecondary credential (including an
industry 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.
(8) 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 priority
students any student in middle or secondary school who is
eligible--
(1) to be counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965;
(2) for free or reduced price meals under the Richard
B. Russell National School Lunch Act;
(3) 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.); or
(4) for assistance under subtitle B of title VII of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.).
(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.'
* * * * * * *
SEC. 404E. [20 U.S.C. 1070A-25] SCHOLARSHIP COMPONENT.
(a) In General.--
(1) * * *
* * * * * * *
(b) Limitation.--
(1) In general.--Subject to paragraph (2), each
eligible entity described in section 404A(c)(I) 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.
[(b)](d) Grant Amounts.--The maximum amount of a
scholarship that eligible student shall be eligible to receive
under this section shall be established by the eligible entity.
The minimum amount of the scholarship for each fiscal year
shall not be less than [the lesser of--
[(1) 75 percent of the average cost of attendance for
an in State student, in a 4-year program of
instruction, at public institutions of higher education
in such State, as determined in accordance with
regulations prescribed by the Secretary; or
[(2) the maximum Federal Pell Grant funded under
section 401 for such fiscal year the minimum Federal
Pell Grant award under section 401 for such award
year.] the minimum Federal Pell Grant award under
section 401 for such award year.
(e) Portability of Assistance.--
(1) In general.--Each eligible entity described in
section 404A(c)(1) that receives a grant under this
chapter shall create or organize a trust for each
cohort described in section 404B(d)(1)(A) for which the
grant is sought in the application submitted by the
entity, which trust shall be an amount that is not less
than the minimum scholarship amount described in
subsection (d), multiplied by the number of students
participating in the cohort.
(2) Requirement for portability.--Funds contributed
to the trust for a cohort shall be available to a
student in the cohort when the student has--
(A) completed a secondary school diploma, its
recognized equivalent, or other 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 from a trust 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 which are incurred in connection with
such, enrollment or attendance.
(4) Return of funds.--
(A) Redistribution.--
(i) In general.--Trust funds that are
not used by an eligible student within
6 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 requirements of
paragraph (1) and, if applicable,
redistributing excess funds in
accordance with clause (i), an eligible
entity has funds remaining, the
eligible entity shall return excess
funds to the Secretary for distribution
to other grantees under this chapter.
(B) Nonparticipating entity.--Notwithstanding
subparagraph (A), in the case of an eligible
entity described in section 404A(c)(1)(A) that
does not receive assistance under this subpart
for 6 fiscal years, the eligible entity shall
return any trust funds not awarded or obligated
to eligible students to the Secretary for
distribution to other grantees under this
chapter.
[(c)](f) Relation to Other Assistance.--* * *
[(d)](g) Eligible Students.--
(1) * * *
(2) receives a secondary school diploma or its
recognized equivalent on or after January 1, [1993]
2001;
(3) * * *
(4) who participated in the [early intervention
component required under]activities required under
[section 404D].
[(e) Priority.--The Secretary shall ensure that each
eligible entity places a priority on awarding scholarships to
students who will receive a Federal Pell Grant for the academic
year for which the scholarship is awarded under this section.
[(f) Special Rule.--An eligible entity may consider
students who have successfully participated in programs funded
under chapter 1 to have met the requirements of subsection
(d)(4).]
[SEC. 404F. [20 U.S.C. 1070A-26] 21ST CENTURY SCHOLAR CERTIFICATES.
[(a) Authority.--The Secretary, using funds appropriated
under section 404H that do not exceed $200,000 for a fiscal
year--
[(1) shall ensure that certificates, to be known as
21st Century Scholar Certificates, are provided to all
students participating in programs under this chapter;
and
[(2) may, as practicable, ensure that such
certificates are provided to all students in grades 6
through 12 who attend schools at which at least 50
percent of the students enrolled are eligible for a
free or reduced price lunch under the Richard Russell
National School Lunch Act.
[(b) Information Required.--A 21st Century Scholar
Certificate shall be personalized for each student and indicate
the amount of FederalFInancial aid for college which a student
may be eligible to receive.]
SEC. [404G]. 404F [20 U.S.C. 1070A-27] EVALUATION AND REPORT.
(a) Evaluation.--* * *
* * * * * * *
(c) Federal Evaluation.--In order to evaluate and improve
the impact of the activities assisted under this chapter, the
Secretary shall, from not more than 0.75 percent of the funds
appropriated under section [404H]404G for a fiscal year, award
one or more grants, contracts, or cooperative agreements to or
with public and private institutions and organizations, to
enable the institutions and organizations to evaluate the
effectiveness of the program and, as appropriate, disseminate
the results of the evaluation.
SEC. [404H]. 404G [20 U.S.C. 1070A-28] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriate to carry out this
chapter [$200,000,000 for fiscal year 1999, and such sums as
may be necessary for each of the 4 succeeding fiscal
years.]such sums as may be necessary for fiscal year 2008 and
each of the 5 succeeding fiscal years.
* * * * * * *
SEC. 413A. [20 U.S.C. 10706] PURPOSE; APPROPRIATIONS AUTHORIZED.
(a) * * *
(b) Authorization of Appropriations.--
(1) For the purpose of enabling the Secretary to make
payments to institutions of higher education which have
made agreements with the Secretary in accordance with
section 413C(a), for use by such institutions for
payments to undergraduate students of supplemental
grants awarded to them under this subpart, there are
authorized to be appropriate [$675,000,000 for fiscal
year 1999 and such sums as may be necessary for the 4
succeeding fiscal years.]such sums as may be necessary
for fiscal year 2008 and each of the 5 succeeding
fiscal years.
* * * * * * *
SEC. 413D. [20 U.S.C. 1070B-3] ALLOCATION OF FUNDS.
(a) Allocation Based on Previous Allocation.--
(1) From the amount appropriated pursuant to section
413A(b) for each fiscal year, the Secretary shall first
allocate to each eligible institution an amount equal
to 100 percent of the amount [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).]
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).
(2) * * *
* * * * * * *
[(4)(A) Notwithstanding any other provision of this
section Secretary may allocate an amount equal to not
more than 10 percent of the amount by which the amount
appropriated in any fiscal year to carry out this part
exceeds $700,000,000 among eligible institutions
described in subparagraph (B).
[(B) In order to receive an allocation pursuant to
subparagraph (A) an institution shall be an eligible
institution from which 50 percent or more of the Pell
Grant recipients attending such eligible institution
graduate from or transfer to a 4-year institution of
higher education.]
* * * * * * *
(c) Determination of Institution's Need.--
(1) The amount of an institution's need is equal to--
(A) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(D) The allowance for books and supplies described in
subparagraph (A)(iii) is equal to [$450]$600.
* * * * * * *
SEC. 415A. [20 U.S.C. 1070C] PURPOSE; APPROPRIATIONS AUTHORIZED.
(a) Purpose of Subpart.--* * *
(1) * * *
* * * * * * *
(b) Authorization of Appropriations; Availability.--
[(1) In general.--There are authorized to be
appropriated $105,000,000 for fiscal year 1999, and
such sums as may be necessary for each of the 4
succeeding fiscal years.]
(1) In General. There are authorized to be
appropriated to carry out this subpart such sums as may
be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
(2) * * *
* * * * * * *
SEC. 415C. [20 U.S.C. 1070C-2] APPLICATIONS FOR LEVERAGING EDUCATIONAL
ASSISTANCE PARTNERSHIP PROGRAMS,
(a) Submission and Contents of Applications.-- * * *
(b) Payment of Federal Share of Grants Made by Qualified
Program.-- * * *
(1) * * *
(2) provides that such grants will be in amounts [not
in excess of $5,000 per academic year]not to exceed the
lesser of $12,500 or the student's cost of attendance
per academic year (A) for attendance on a full-time
basis at an institution for higher education, and (B)
for campus-based community service work learning study
jobs;
* * * * * * *
[(10) for any academic year beginning after June 30,
1987, provides the non-Federal share of the amount of
student grants or work-study jobs under this subpart
through a direct appropriation of State funds for the
program under this subpart.]
(10) 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 other contributing partners.
* * * * * * *
[SEC. 415E. [20 U.S.C. 1070C-3A] SPECIAL LEVERAGING EDUCATIONAL
ASSISTANCE PARTNERSHIP PROGRAM.
[(a) In General.--From amounts reserved under section
415A(b)(2) for each fiscal year, the Secretary shall--
[(1) make allotments among States in the same manner
as the Secretary makes allotments among States under
section 415B; and
[(2) award grants to States, from allotments under
paragraph (1), to enable the States to pay the Federal
share of the cost of the authorized activities
described in subsection (c).
[(b) Applicability Rule.--The provisions of this subpart
which are not inconsistent with this section shall apply to the
program authorized by this section.
[(c) Authorized Activities.--Each State receiving a grant
under this section may use the grant funds for--
[(1) making awards that--
[(A) supplement grants received under section
415C(b)(2) by eligible students who demonstrate
financial need; or
[(B) provide grants under section 415C(b)(2)
to additional eligible students who demonstrate
financial need;
[(2) providing scholarships for eligible students--
[(A) who demonstrate financial need; and
[(B) who--
[(i) desire to enter a program of
study leading to a career in--
[((I) information technology;
[(II) mathematics, computer
science, or engineering;
[(III) teaching; or
[(IV) another field
determined by the State to be
critical to the State's
workforce needs; or
[(ii) demonstrate merit or academic
achievement; and
[(3) making awards that--
[(A) supplement community service work-study
awards received under section 415C(b)(2) by
eligible students who demonstrate financial
need; or
[(B) provide community service work-study
awards under section 415C(b)(2) to additional
eligible students who demonstrate financial
need.
[(d) Maintenance of Effort Requirement.--Each State
receiving a grant under this section for a fiscal year shall
provide the Secretary an assurance that the aggregate amount
expended per student or aggregate expenditures by the State,
from funds derived from non-Federal sources, for the authorized
activities described in subsection (c) for the preceding fiscal
year were not less than the amount expended per student or the
aggregate expenditures by the State for the activities for the
activities for the second preceding fiscal year.
[(e) Federal Share.--The Federal share of the cost of the
authorized activities described in subsection (c) for any
fiscal year shall be not more than 33 \1/3\ percent.
[(f) Special Rule.--Notwithstanding subsection (d), for
purposes of determining a State's share of the cost of the
authorized activities described in subsection (c), the State
shall consider only those expenditures from non-Federal sources
that exceed its total expenditures for need-based grants,
scholarships, and work-study assistance for fiscal year 1999
(including any such assistance provided under this subpart).
[(g) Use of Funds for Administrative Costs Prohibited.--A
State receiving a grant under this section shall not use any of
the grant funds to pay administrative costs associated with any
of the authorized activities described in subsection (c).]
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 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)(A)(ii).
(2) Federal share.--
(A) In general.--The Federal share under this
section shall be determined in accordance with
the following:
(i) If a State applies for an
allotment under this section in
partnership with--
(I) 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
(II)(aa) philanthropic
organizations that are located
in, or that provide funding in,
the State; or
(bb) private corporations
that are located in, or that do
business in, the State,
then the Federal share of the cost of
carrying out the activities under
subsection (d) shall be equal to 50
percent.
(ii) If a State applies for an
allotment under this section in
partnership with--
(I) 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
(II)(aa) philanthropic
organizations that are located
in, or that provide funding in,
the State; or
(bb) private corporations
that are located in, or that do
business in, the State,
then the Federal share of the cost of
carrying out the activities under
subsection (d) shall be equal to 57
percent.
(B) Non-federal share.--
(i) In general.--The non-Federal
share under this section may be
provided in cash or in kind, fully
evaluated and in accordance with this
subparagraph.
(ii) In kind contribution.--For the
purpose of calculating the non-Federal
share under this section, an in kind
contribution is a non-cash award that
has monetary value, such as provision
of room and board and transportation
passes, and that helps a student meet
the cost of attendance.
(iii) Effect on need analysis.--For
the purpose of calculating a student's
need in accordance with part F of this
title, an in-kind contribution
described in clause (ii) shall not be
considered an asset or income.
(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) Assurances that the State will
provide the non-Federal share from
State, institutional, philanthropic, or
private funds, of not less than the
required share of the cost of carrying
out the activities under subsection
(d), as determined under subsection
(b), in accordance with the following:
(I) The State shall specify
the methods by which non-
Federal share funds will be
paid, and include provisions
designed to ensure that funds
provided under this section
will be used to supplement, and
not supplant, Federal and non-
Federal funds available for
carrying out the activities
under this title.
(II) A State that uses non-
Federal funds to create or
expand existing sic
partnerships with nonprofit
organizations or community-
based organizations in which
such organizations watch State
funds for student scholarships,
may apply such matching funds
from such organizations toward
filling the State's non-Federal
share obligation under this
clause.
(iii) Assurances that early
information and intervention,
mentoring, or outreach programs exist
within the State or that there is a
plan to make such programs widely
available.
(iv) A description of the
organizational structure that the State
has in place to administer the
activities under subsection (d),
including a description of the system
the State will use to track the
participation of students who receive
grants under this section to degree
completion.
(v) Assurances that the State has a
method in place, such as acceptance of
the automatic zero expected family
contribution determination described in
section 479, to identify eligible low-
income students and award State grant
aid to such students.
(vi) Assurances that the State will
provide notification to eligible low-
income students that grants under this
section are--
(I) Leveraging Educational
Assistance Partnership Grants;
and
(II) funded by the Federal
Government, the State, and
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 1 public and 1 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 1--
(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 tudents receive under this subpart for
undergraduate education expenses.
(B) Amount of grants.--
(i) Partnerships with institutions
serving less than a majority of
students in the state.--
(I) In general.--In the case
where a State receiving an
allotment under this section is
in a partnership described in
subsection (b)(2)(A)(i), the
amount of a grant for access
and persistence awarded to a
student by such State shall be
not less than the amount that
is equal to the average
undergraduate tuition and
mandatory fees at 4-year public
institutions of higher
education in the State where
the student resides (less any
amounts of other Federal or
State sponsored grants, work
study, and scholarships
received by the student), and
such grant for access and
persistence shall be used
toward the cost of attendance
at an institution of higher
education located in the State.
(II) Cost of attendance.--A
State that has a program, apart
from the partnership under this
section, of providing eligible
low-income students with grants
that are equal to the average
undergraduate tuition and
mandatorty fees at 4-year
public institutions of higher
education in the State, may
increase the amount of grants
for access and persistence
awarded to students by such
State up to an amount that is
equal to the average cost of
attendance at 4-year public
institutions of higher
education in the State (less
any amounts of other Federal or
State sponsored grants, work
study, and scholarships
received by the student).
(ii) Partnerships with institutions
serving the majority of students in the
state.--In the case where a State
receiving an allotment under this
section is in a partnership described
in subsection (b)(2)(A)(ii), the amount
of a grant for access and persistence
awarded to a student by such State
shall be not more than an amount that
is equal to the average cost of
attendance at 4-year public
institutions of higher education in the
State where the student resides (less
any amounts of other Federal or State
sponsored grants, work study, and
scholarships received by the student),
and such grant for access and
persistence shall be used by the
student to attend an institution of
higher education located in the State.
(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,
such agreement may also apply to grants
awarded under this section.
(2) Early notification.--
(A) In general.--Each State receiving an
allotment under this section shall annually
notify low-income students, such as students
who are eligible to receive a free lunch under
the school lunch program established under the
Richard B. Russell National School Lunch Act,
in grade 7 through grade 12 in the State, of
the students' potential eligibility for student
financial assistance, including a grant for
access and persistence, to attend an
institution of higher education.
(B) Content of notice.--The notification
under subparagraph (A)--
(i) shall include--
(I) information about early
information and intervention,
mentoring, or outreach programs
available to the student;
(II) information that a
student's 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 that is a
partner in the
partnership or
qualifies 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 upon--
(I) a determination of the
student's financial eligibility
at the time of the student's
enrollment at an institution of
higher education that is a
partner in the partnership or
qualifies under subsection
(d)(1)(C)(ii);
(II) annual Federal and State
appropriations; 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 meets not
less than 1 of the following:
(A) Meets not less than 2 of the following
criteria, with priority given to students
meeting all of the following criteria:
(i) Has an expected family
contribution equal to zero (as
described in section 479) or a
comparable alternative based upon the
State's approved criteria in section
415C(b)(4).
(ii) Has qualified for a free lunch,
or at the State's discretion a reduced
price lunch, under the school lunch
program established under the Richard
B. Russell National School Lunch Act.
(iii) Qualifies for the State's
maximum undergraduate award, as
authorized under section 415C(b).
(iv) Is participating in, or has
participated in, a Federal, State,
institutional, or community early
information and intervention,
mentoring, or outreach program, as
recognized by the State agency
administering activities under this
section.
(B) Is receiving, or has received, 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 existing 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 tentative 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 that
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) Use of Funds for Administrative Costs Prohibited.--A
State that receives an allotment under this section shall not
use any of the allotted funds to pay administrative costs
associated with any of the authorized activities described in
subsection (d).
(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)(A)(ii) and that receives an
allotment under this section, a waiver for such institution
from statutory or regulatory requirements that inhibit the
ability of the institution to successfully and efficiently
participate in the activities of the partnership.
(g) Applicability Rule.--The provisions of this subpart
which are not inconsistent with this section shall apply to the
program authorized by this section.
(h) Maintenance of Effort Requirement.--Each State
receiving an allotment under this section for a fiscal year
shall provide the Secretary 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 2-year period
that begins on the date of enactment of the Higher Education
Amendments of 2007, 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 such Act to States that choose to apply for grants under
such predecessor section.
(k) Reports.--Not later than 3 years after the date of
enactment of the Higher Education Amendments of 2007 and
annually thereafter, the Secretary shall submit a report
describing the activities and the impact of the partnerships
under this section to the authorizing committees.
* * * * * * *
Subpart 5--Special Programs for Students Whose Families are Engaged in
Migrant and Seasonal Farmwork
SEC. 418A. [20 U.S.C. 1070D-2] MAINTENANCE AND EXPANSION OF EXISTING
PROGRAMS.
(a) Program Authority.--* * *
(b) Services Provided by High School Equivalency Program.--
* * *
(1) recruitment services to reach persons--
(A)(i) * * *
* * * * * * *
(B)(i) who themselves, or whose
[parents]immediate family have spent a minimum
of 75 days during the past-24 months in migrant
and seasonal farmwork; or
* * * * * * *
(3) supportive services which include the following:
(A) * * *
(B) placement services designed to place
students in a university, college, or junior
college program (including preparation for
college entrance examinations), or in military
service or career positions; and
* * * * * * *
(5) [weekly] stipends for high school equivalency
program participants;
(6) * * *
(7) exposure to cultural events, academic programs,
and other educational and cultural activities usually
not available to migrant youth; [and]
(8) other essential supportive services (such as
transportation and child care), as needed to ensure the
success of eligible students[.]; and
(9) other activities to improve persistence and
retention in postsecondary education.
(c) Services Provided by College Assistance Migrant
Program--
(1) * * *
(A) outreach and recruitment services to
reach persons who themselves or whose
[parents]immediate family have spent a minimum
of 75 days during the past 24 months in migrant
and seasonal farmwork or who have participated
or are eligible to participate, in programs
under part C of title I of the Elementary and
Secondary Education Act of 1965 (or such part's
predecessor authority) or section 402 of the
Job Training Partnership Act or section 167 of
the Workforce Investment Act of 1998, and who
meet the minimum qualifications for attendance
at a college or university;
(B) supportive and instructional services to
improve placement, persistence, and retention
in postsecondary education, which include:
(i) personal, academic, [and
career]career, and economic education
or personal finance counseling as an
ongoing part of the program;
* * * * * * *
(E) exposure to cultural events, academic
programs, and other activities not usually
available to migrant youth; [and]
(F) internships; and
[F](G) other [support services] essential
supportive services (such as transportation and
child care) as necessary to ensure the success
of eligible students.
(2) * * *
(A) monitoring and reporting the academic
progress of students who participated in the
project during such student's first year of
college and during such student's subsequent
years in college; [and]
(B) referring such students to on- or off-
campus providers of counseling services,
academic assistance, or financial aid[.], 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
(C) for students attending 2-year
institutions of higher education, encouraging
the students to transfer to 4-year institutions
of higher education, where appropriate, and
monitoring the rate of transfer of such
students.
* * * * * * *
(e) Five-Year Grant Period; Consideration of Prior
Experience.--Except under extraordinary circumstances, the
Secretary shall award grants for a 5-year period. For the
purpose of making grants under this subpart, the Secretary
shall consider the prior experience of service delivery under
the particular project for which funds are sought by each
applicant. Such prior experience shall be awarded the same
level of consideration given this factor for applicants for
programs in accordance with [section 402A(c)(1)]section
402A(c)(2).
(f) Minimum Allocations.--The Secretary shall not allocate
an amount less than--
(1) [$150,000]$180,000 for each project under the
high school equivalency program, and
(2) [$150,000]$180,000 for each project under the
college assistance migrant program.
(g) Reservation of Funds.--From the amounts made available
under subsection (i), the Secretary may reserve not more than a
total of \1/2\ of 1 percent for outreach activities, technical
assistance, and professional development programs relating to
the programs under subsection (a).
[(g)](h) Data Collection.--The National Center for
Education Statistics shall collect postsecondary education data
on migrant students.]
(h) Data Collection.--The Commissioner for Education
Statistics shall--
(1) annually collect data on persons receiving
services authorized under this subpart regarding such
persons' rates of secondary school graduation, entrance
into postsecondary education, and completion of
postsecondary education;
(2) not less often than once every 2 years, prepare
and submit a report based on the most recently
available data under paragraph (1) to the authorizing
committees; and
(3) make such report available to the public.
[(h)](i) Authorization of Appropriations.--(1) There are
authorized to be appropriated for the high school equivalency
program [$15,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal years.]such
sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
(2) There are authorized to be appropriated for the college
assistance migrant program [$5,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.]such sums as may be necessary for fiscal year
2008 and each of the 5 succeeding fiscal years.
* * * * * * *
SEC. 419F. [20 U.S.C. 1070D-36] ELIGIBILITY OF SCHOLARS.
(a) High School Graduation or Equivalent and Admission to
Institution Required.--Each student awarded a scholarship under
this subpart shall be a graduate of a public or private
secondary school (or a home school, whether treated as a home
school or a private school under State law) or have the
equivalent of a certificate of graduation as recognized by the
State in which the student resides and must have been admitted
for enrollment at an institution of higher education.
SEC. 419K. [20 U.S.C. 1070D-41] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for this subpart
[$45,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years.]such sums
as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
* * * * * * *
Subpart 7--Child Care Access Means Parents in School
SEC. 419N. [20 U.S.C. 1070E] CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) Purpose.--* * *
(b) Program Authorized.--* * *
(1) Authority.--* * *
(2) Amount of grants.--* * *
(A) In general.--* * *
(B) Minimum.--[A grant]
(i) In general.--Except as provided
in clause (ii), a grant under this
section shall be awarded in an amount
that is not less than $10,000.
(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.
* * * * * * *
[(7) Definition of low-income student.--For the purpose
of this section, the term ``low-income student'' means
a student who is eligible to receive a Federal Pell
Grant for the fiscal year for which the determination
is made.]
(7) Definition of low-income student.--For the
purpose of this section, the term ``low-income
student'' means a student who--
(A) is eligible to receive a Federal Pell
Grant for the award year for which the
determination is made; or
(B) 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.
* * * * * * *
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section [$45,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years.]such sums as may be necessary
for fiscal year 2008 and each of the 5 succeeding fiscal years.
* * * * * * *
SEC. 428. [20 U.S.C. 1078] FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST
COSTS.
(a) Federal Interest Subsidies.--* * *
* * * * * * *
(b) Insurance Program Agreements To Qualify Loans for
Interest Subsidies.--
(1) * * *
(A) * * *
* * * * * * *
(X) provides information to the Secretary in
accordance with section 428(c)(9) and maintains
reserve funds determined by the Secretary to be
sufficient in relation to such agency's
guarantee obligations; [and]
(Y) provides that--
[(i) the lender shall determine the
eligibility of a borrower for a
deferment described in subparagraph
(M)(i) based on receipt of--
[(I) a request for deferment
from the borrower and
documentation of the borrower's
eligibility for the deferment;
[(II) a newly completed loan
application that documents the
borrower's eligibility for a
deferment; or
[(III) student status
information received by the
lender that the borrower is
enrolled on at least a half-
time basis; and]
(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 received by
the lender 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.
(ii) the lender will notify the
borrower of the granting of any
deferment under clause (i)(II) or (III)
of this subparagraph and of the option
to continue paying on the loan[.]; and
(Z) provides that 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 section
428(b)(1)(M), provide information to the
borrower to enable the borrower to understand
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.
(2) Contents of insurance program agreement.--Such an
agreement shall--
(A) * * *
* * * * * * *
(F) * * *
(i) * * *
* * * * * * *
(I) * * *
* * * * * * *
(III) the name and address of
the party to whom subsequent
payments or communications must
be sent; [and]
(IV) the telephone numbers of
both the transferor and the
transferee; [and]
(V) the effective date of the
transfer;
(VI) the date the current
servicer will stop accepting
payments; and
(VII) the date at which the
new servicer will begin
accepting payments.
* * * * * * *
[(3) Restrictions on inducements, mailings, and
advertising.--A guaranty agency shall not--
[(A) offer, directly or indirectly, premiums,
payments, or other inducements to any
educational institution or its employees in
order to secure applicants for loans under this
part;
[(B) offer, directly or indirectly, any
premium, incentive payment, or other inducement
to 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 under section 428H or a loan made as
part of a guaranty agency's lender-of-last-
resort program) for the purpose of securing the
designation of that guaranty agency as the
insurer of such loans;
[(C) conduct unsolicited mailings of student
loan application forms to students enrolled in
secondary school or a postsecondary
institution, or to parents of such students,
except that applications may be mailed to
borrowers who have previously received loans
guaranteed under this part by the guaranty
agency; or
[(D) conduct fraudulent or misleading
advertising concerning loan availability.
[It shall not be a violation of this paragraph for a
guaranty agency to provide assistance to institutions
of higher education comparable to the kinds of
assistance provided to institutions of higher education
by the Department of Education.]
(3) Restrictions on inducements, payments, mailings,
and advertising.--A guaranty agency shall not--
(A) offer, directly or indirectly, premiums,
payments, or other inducements to--stock or
other securities, prizes, travel, entertainment
expenses, tuition repayment,
(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
under section 428H or a loan made as
part of the guaranty agency's lender-
of-last-resort program pursuant to
section 439(q)) 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 educational loan
application forms to students enrolled in
secondary school or postsecondary educational
institutions, or to the parents 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 the institution is
required to perform under part B, D, or G;
(D) pay, on behalf of the institution of
higher education, another person to perform any
function that the institution of higher
education is required to perform under part B,
D, or G; 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.
* * * * * * *
(c) Guaranty Agreements for Reimbursing Losses.--
(1) * * *
* * * * * * *
(2) Contents of guaranty agreements.--The guaranty
agreement--
(a) * * *
* * * * * * *
(H) set forth assurances that--
(i) upon the request of an eligible
institution, the guaranty agency shall,
subject to clauses (ii) and (iii),
furnish to the institution information
with respect to students (including the
names and addresses of such students)
who received loans made, insured, or
guaranteed under this part for
attendance at the eligible institution
and for whom [preclaims]default
aversion assistance activities have
been requested under subsection (l);
(ii) the guaranty agency shall not
require the payment from the
institution of any fee for such
information; and
* * * * * * *
(3) Forbearance.--A guaranty agreement under this
subsection--
(A) shall contain provisions providing that--
(i) * * *
* * * * * * *
(D) shall contain provisions that specify
that--
(i) forbearance for a period not to
exceed 60 days may be granted if the
lender reasonably determines that such
a suspension of collection activity is
warranted following a borrower's
request for deferment, forbearance, a
change in repayment plan, or a request
to consolidate loans, in order to
collect or process appropriate
supporting documentation related to the
request, [and]
(ii) during such period interest
shall accrue but not be capitalized[.];
(iii) the lender shall, at the time
of granting a borrower forbearance,
provide information to the borrower to
enable the borrower to understand 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 ability 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.
* * * * * * *
(9) Guaranty agency reserve level.--
(A) * * *
* * * * * * *
(K) The Secretary, within 3 months after the
end of each fiscal year, shall submit to the
[House Committee on Education and the Workforce
and the Senate Committee on Labor and Human
Resources]authorizing committees a report
specifying the Secretary's assessment of the
fiscal soundness of the guaranty agency system.
* * * * * * *
(g) Action on Insurance Program and Guaranty Agreements.--
If a nonprofit private institution or organization--
(1) * * *
(2) as provided in the application, undertakes to
meet the requirements of section 422(c)(6)(B) (i),
(ii), and (iii),
the Secretary shall consider and act upon such application
within 180 days, and shall forthwith notify the [Committee on
Labor and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of
Representatives]authorizing committees of his actions.
* * * * * * *
(n) Blanket Certificate of Loan Guaranty.--
(1) In general.--* * *
* * * * * * *
(4) Report required.--The Secretary shall, at the
conclusion of the pilot program under paragraph (3),
provide a report to the [Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the
Senate]authorizing committees on the impact of the
blanket certificates of guaranty on program efficiency
and integrity.
* * * * * * *
SEC. 428A. [20 U.S.C. 1078-1] VOLUNTARY FLEXIBLE AGREEMENTS WITH
GUARANTY AGENCIES.
(a) Voluntary Agreements.--
* * * * * * *
(c) Public Notice.--
(1) In general.--* * *
* * * * * * *
(2) Agreement notice.--The Secretary shall notify the
[Chairperson and the Ranking Minority Member of the
Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives]members of the authorizing
committees not later than 30 days prior to concluding
an agreement under this section. The notice shall
contain--
* * * * * * *
(3) Waiver notice.--The Secretary shall notify the
[Chairperson and the Ranking Minority Member of the
Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives]members of the authorizing
committees not later than 30 days prior to the granting
of a waiver pursuant to subsection (a)(2) to a guaranty
agency that is not a party to a voluntary flexible
agreement.
* * * * * * *
(5) Modification notice.--The Secretary shall notify
the [Chairperson and the Ranking Minority Members of
the Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce
of the House of Representatives]members of the
authorizing committees 30 days prior to any
modifications to an agreement under this section.
* * * * * * *
SEC. 428C. [20 U.S.C. 1078-3] FEDERAL CONSOLIDATION LOANS.
(a) Agreements With Eligible Lenders.--
* * * * * * *
(b) Contents of Agreements, Certificates of Insurance, and
Loan Notes.--
(1) * * *
(A) * * *
* * * * * * *
(E) that the lender shall offer an income-
sensitive repayment schedule, established by
the lender in accordance with the regulations
promulgated by the Secretary, to the borrower
of any consolidation loan made by the lender on
or after July 1, 1994; [and]
(F) that the lender will disclose, in a clear
and conspicuous manner, to borrowers who
consolidate loans made under part E of this
title--
(i) that once the borrower adds the
borrower's Federal Perkins Loan to a
Federal Consolidation Loan, the
borrower will lose all interest-free
periods that would have been available,
such as those periods when no interest
accrues on the Federal Perkins Loan
while the borrower is enrolled in
school at least half-time, during the
grace period, and during periods when
the borrower's student loan repayments
are deferred:
(ii) that the borrower will no longer
be eligible for loan cancellation of
Federal Perkins Loans under any
provision of section 465; and
(iii) the occupations described in
section 465(a)(2), individually and in
detail, for which the borrower will
lose eligibility for Federal Perkins
Loan cancellation; and
(G) that the lender shall, upon application
for a consolidation loan, provide the borrower
with information about the possible impact of
loan consolidation, including--
(i) the total interest to be paid and
fees to be paid on the consolidation
loan, and the length of repayment for
the loan;
(ii) whether consolidation would
result in a loss of loan benefits under
this part or part D, including loan
forgiveness, cancellation, and
deferment;
(iii) in the case of a borrower that
plans to include a Federal Perkins Loan
under part E in the consolidation loan,
that once the borrower adds the
borrower's Federal Perkins Loan to a
consolidation loan--
(I) the borrower will lose
all interest-free periods that
would have been available for
such loan under part E, such as
the periods during which no
interest accrues on the Federal
Perkins Loan while the borrower
is enrolled in school at least
half-time, the grace period,
and the periods during which
the borrower's student loan
repayments are deferred under
section 464(c)(2); and
(II) the borrower will no
longer be eligible for
cancellation of part or all of
a Federal Perkins Loan under
section 465(a);
(iv) the ability of the borrower to
prepay the consolidation loan, 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
[(F)] (H) such other terms and conditions as
the Secretary or the guaranty agency may
specifically require of the lender to carry out
this section.
* * * * * * *
SEC. 428F. [20 U.S.C. 1078-6] DEFAULT REDUCTION PROGRAM.
(a) Other Repayment Incentives.--
* * * * * * *
(b) * * *
(c) Financial and Economic Literacy.--Where appropriate as
determined by the institution of higher education in which a
borrower is enrolled, each program described in subsection (b)
shall include making available financial and economic education
materials for the borrower, including making the materials
available before, during, or after rehabilitation of a loan.
* * * * * * *
SEC. 430A. [20 U.S.C. 1080A] REPORTS TO [CREDIT BUREAUS]CONSUMER
REPORTING AGENCIES AND INSTITUTIONS OF HIGHER
EDUCATION.
(a) Agreements To Exchange Information.--For the purpose of
promoting responsible repayment of loans covered by Federal
loan insurance pursuant to this part or covered by a guaranty
agreement pursuant to section 428, the Secretary, each guaranty
agency, eligible lender, and subsequent holder shall enter into
agreements [with credit bureau organizations]with each consumer
reporting agency that compiles and maintains files on consumers
on a nationwide basis (as defined in section 603(p) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(p)) to exchange
information concerning student borrowers, in accordance with
the requirements of this section. For the purpose of assisting
such organizations in complying with the Fair Credit Reporting
Act, such agreements may provide for timely response by the
Secretary (concerning loans covered by Federal loan insurance),
by a guaranty agency, eligible lender, or subsequent holder
(concerning loans covered by a guaranty agreement), or to
requests from such organizations for responses to objections
raised by borrowers. Subject to the requirements of subsection
(c), such agreements shall require the Secretary, the guaranty
agency, eligible lender, or subsequent holder, as appropriate,
to disclose to such organizations, with respect to any loan
under this part that has not been repaid by the horrower--
(1) the type of loan made, insured, or guaranteed
under this title;
[(1)](2) the total amount of loans made to any
borrower under this part and the remaining balance of
the loans;
(3) information concerning the repayment status of
the loan, which information shall be included 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.).
[(2)](4) information concerning the date of any
default on the loan and the collection of the loan,
including information concerning the repayment status
of any defaulted loan on which the Secretary has made a
payment pursuant to section 430(a) or the guaranty
agency has made a payment to the previous holder of the
loan; [and]
[(3)](5) the date of cancellation of the note upon
completion of repayment by the borrower of the loan or
payment by the Secretary pursuant to section 437[.];
and
(6) any other information required to be reported by
Federal law.
* * * * * * *
SEC. 432. [20 U.S.C. 1082] LEGAL POWERS AND RESPONSIBILITIES.
(a) * * *
* * * * * * *
(f) Audit of Financial Transactions.--
(1) * * *
(A) * * *
* * * * * * *
(C) a representative sample of eligible
lenders under this part, upon the request of
[the Committee on Education and the Workforce
of the House of Representatives or the
Committee on Labor and Human Resources of the
Senate]either of the authorizing committees,
with respect to the payment of the special
allowance under section 438 in order to
evaluate the program authorized by this part.
* * * * * * *
(m) Common Forms and Formats.--
(1) Common guaranteed student loan application form
and promissory note.--
(A) * * *
* * * * * * *
(D) Master promissory note.--
(i) In general.--The Secretary shall
develop and require the use of master
promissory note forms for loans made
under this part and part D. Such forms
shall be available for periods of
enrollment beginning not later than
July 1, 2000. Each form shall allow
eligible borrowers to receive, in
addition to initial loans, additional
loans for the same or subsequent
periods of enrollment through a student
confirmation process approved by the
Secretary. Such forms shall be used for
loans made under this part or part D as
directed by the Secretary. Unless
otherwise notified by the Secretary,
each institution of higher education
that participate in the program under
this part or part D may use a master
promissory note for loans under this
part and part D.
* * * * * * *
(n) Default Reduction Management.--
(1) * * *
* * * * * * *
(3) Plan for use required.--* * *
(A) * * *
* * * * * * *
(D) if the performance standard or goal is
impractical or infeasible, why that is the case
and what action is recommended, including
whether the goal should be changed or the
program altered or eliminated.
This report shall be submitted to the Appropriations Committees
of the House of Representatives and the Senate and to the
[Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate]authoring committees.
* * * * * * *
SEC. 433. [20 1083] STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.
(a) Required Disclosure Before Disbursement.--* * *
* * * * * * *
(e) * * *
(f) Borrower Information and Privacy.--Each entity
participating in a program under this part that is subject to
subtitle A of title V of the Gramm-Leach-Bliley Act (15 U.S.C.
6801 et seq.) shall only use, release, disclose, sell,
transfer, or give student information, including the name,
address, social security number, or amount borrowed by a
borrower or a borrower's parent, in accordance with the
provisions of such subtitle.
(g) Loan Benefit Disclosures.--
(1) In general.--Each eligible lender, holder, or
servicer of a loan made, insured, or guaranteed under
this part shall provide the borrower with information
on the loan benefit repayment options the lender,
holder, or servicer offer, including information on
reductions in interest rates--
(A) by repaying the loan by automatic payroll
or checking account deduction;
(B) by completing a program of on-time
repayment; and
(C) under any other interest rate reduction
program.
(2) Information.--Such borrower information shall
include
(A) any limitations on such options;
(B) explicit information on the reasons a
borrower may lose eligibility for such an
option;
(C) examples of the impact the interest rate
reductions will have on a borrower's time for
repayment and amount of repayment;
(D) upon the request of the borrower, the
effect the reductions in interest rates will
have with respect to the borrower's payoff
amount and time for repayment; and
(E) information on borrower recertification
requirements.
* * * * * * *
SEC. 433A. CONSUMER EDUCATION INFORMATION.
Each guaranty agency participating in a program under this
part, working with, the institutions of higher education served
by such guaranty agency (or in the case of an institution of
higher education that provides loans exclusively through part
D, the institution working with a guaranty agency or with the
Secretary), shall develop and make available a high-quality
educational program and materials to provide training for
students in budgeting and financial management, including debt
management and other aspects of financial literacy, such as the
cost of using very high interest loans to pay for postsecondary
education, particularly as budgeting and financial management
relates to student loan programs authorized by this title.
Nothing in this section shall be construed to prohibit a
guaranty agency from using an existing program or existing
materials to meet the requirement of this section. The
activities described in this section shall be considered
default reduction activities for the purposes of section 422.
* * * * * * *
SEC. 435. [20 U.S.C. 1085] DEFINITIONS FOR STUDENT LOAN INSURANCE
PROGRAM.
As used in this part:
(a) Eligible Institution.--
(1) In general.--* * *
* * * * * * *
(d) Eligible Lender.--
(1) In general.--Except as provided in paragraphs (2)
through (6), the term ``eligible lender'' means--
(A) * * *
* * * * * * *
(5) * * *
[(A) offered, directly or indirectly, points,
premiums, payments, or other inducements, to
any educational institution or individual in
order to secure applicants for loans under this
part;
[(B) conducted unsolicited mailings to
students of student loan application forms,
except to students who have previously received
loans under this part from such lender;]
(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 repayment, 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 school or postsecondary institutions,
or to parents 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 educational
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 the institution of
higher education is required to carry out under
part B, D, or G;
(F) paid, on behalf of an institution of
higher education, another person to perform,
any function that the institution of higher
education is required to perform, under part B,
D, or G;
(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;
[(C)](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
[(D)](I) engaged in fraudulent or misleading
advertising. It shall not be a violation of
this paragraph for a lender to provide
assistance to institutions of higher education
comparable to the kinds of assistance provided
to institutions of higher education by the
Department of Education.
* * * * * * *
(8) Sunset of authority for school as lender
program.--
(A) Sunset.--The authority provided under
subsection (d)(1)(E) for an institution to
serve as an eligible lender, and under
paragraph (7) for an eligible lender to serve
as a trustee for an institution of higher
education or an organization affiliated with an
institution of higher education, shall expire
on June 30, 2012.
(B) Application to existing institutional
lenders.--An institution that was an eligible
lender under this subsection, or an eligible
lender that served as a trustee for an
institution of higher education or an
organization affiliated with an institution of
higher education under paragraph (7), before
June 30, 2012, shall--
(i) not issue any new loans in such a
capacity under part B after June 30,
2012; and
(ii) continue to carry out the
institution's responsibilities for any
loans issued by the institution under
part B on or before June 30, 2012,
except that, beginning on June 30,
2011, the eligible institution or
trustee may, notwithstanding any other
provision of this Act, sell or
otherwise dispose of such loans if all
profits from the divestiture are used
for need-based grant programs at the
institution.
(C) Audit requirement.--All institutions
serving as an eligible lender under subsection
(d)(1)(E) and all eligible lenders 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--
(i) 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
aid programs, in accordance with
section 435(d)(2)(A)(viii);
(ii) the institution or lender is
using no more than a reasonable portion
of the proceeds described in section
435(d)(2)(A)(viii) for direct
administrative expenses; and
(iii) the institution or lender is
ensuring that the proceeds described in
section 435(d)(2)(A)(viii) are being
used to supplement, and not to
supplant, non-Federal funds that would
otherwise be used for needbased grant
programs.
* * * * * * *
SEC. 437. [20 U.S.C. 1087] REPAYMENT BY THE SECRETARY OF LOANS OF
BANKRUPT, DECEASED, OR DISABLED BORROWERS;
TREATMENT OF BORROWERS ATTENDING SCHOOLS THAT FAIL
TO PROVIDE A REFUND, ATTENDING CLOSED SCHOOLS, OR
FALSELY CERTIFIED AS ELIGIBLE TO BORROW.
(a) Repayment in Full for Death and Disability.--If a
student borrower who has received a loan described in
subparagraph (A) or (B) of section 428(a)(1) dies or becomes
permanently and totally disabled (as determined in accordance
with regulations of the Secretary), 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 then the Secretary
shall discharge the borrower's liability on the loan by
repaying the amount owed on the loan. 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 resume
collection on loans discharged under this subsection in any
case in which--
(1) a borrower received a discharge of liability
under this subsection and after the discharge 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.
* * * * * * *
(c) Discharge.--
(1) In general.--If a borrower who received, on or
after January 1, 1986, a loan made, insured, or
guaranteed under this part and the student borrower, or
the student on whose behalf a parent borrowed, is
unable to complete the program in which such student is
enrolled due to the closure of the institution or if
such student's eligibility to borrow under this part
was falsely certified by the eligible institution or
was falsely certified as a result of a crime of
identity theft, or if the institution failed to make a
refund of loan proceeds which the institution owed to
such student's lender, then the Secretary shall
discharge the borrower's liability on the loan
(including interest and collection fees) by repaying
the amount owed on the loan and shall subsequently
pursue any claim available to such borrower against the
institution and its affiliates and principals or settle
the loan obligation pursuant to the financial
responsibility authority under subpart 3 of part H. In
the case of a discharge based upon a failure to refund,
the amount of the discharge shall not exceed that
portion of the loan which should have been refunded.
The Secretary shall report to the [Committee on
Education and the Workforce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate]authorizing committees annually
as to the dollar amount of loan discharges attributable
to failures to make refunds.
* * * * * * *
SEC. 439. [20 U.S.C. 1087-2] STUDENT LOAN MARKETING ASSOCIATION.
(a) Purpose.--* * *
* * * * * * *
(d) Authority of Association.--
(1) In general.--The Association is authorized,
subject to the provisions of this section--
(A) * * *
* * * * * * *
(E) * * *
(i) * * *
* * * * * * *
(iii) not later than 30 days prior to
the initial implementation of a program
undertaken pursuant to this
subparagraph (E), the Association shall
[advise the Chairman and the Ranking
Member on the Committee on Labor and
Human Resources of the Senate and the
Chairman and the Ranking Member of the
Committee on Education and Labor of the
House of Representatives]advise the
members of the authorizing committees
in writing of its plans to offer such
program and provide information
relating to the general terms and
conditions of such program.
* * * * * * *
(r) Safety and Soundness of Association.--
(1) * * *
* * * * * * *
(3) Monitoring of safety and soundness.--The
Secretary of the Treasury shall conduct such studies as
may be necessary to monitor the financial safety and
soundness of the Association. In the event that the
Secretary of the Treasury determines that the financial
safety and soundness of the Association is at risk, the
Secretary of the Treasury shall [inform the Chairman
and ranking minority member of the Committee on Labor
and Human Resources of the Senate, the Chairman and
ranking minority member of the Committee on Education
and Labor of the House of Representatives]inform the
members of the authorizing committees and the Secretary
of Education of such determination and identify any
corrective actions that should be taken to ensures the
safety and soundness of the Association.
(4) * * *
(5) Capital restoration plan.--
(A) Submission, approval, and
implementation.--* * *
(B) Disapproval.--If the Secretary of the
Treasury does not approve a capital restoration
plan as provided in subparagraph (A), then not
later than the earlier of the date the
Secretary of the Treasury disapproves of such
plan by written notice to the Association or
the expiration of the 30-day consideration
period referred to in subparagraph (A) (as such
period may have been extended by mutual
agreement), the Secretary of the Treasury shall
submit the Association's capital restoration
plan, in the form most recently proposed to the
Secretary of the Treasury by the Association,
together with a report on the Secretary of the
Treasury's reasons for disapproval of such plan
and an alternative capital restoration [plan,
to the Chairman and ranking minority member of
he Senate Committee on Labor and Human
Resources and to the Chairman and ranking
minority member of the House Committee on
Education and Labor]plan, to the members of the
authorizing committees. A copy of such
submission simultaneously shall be sent to the
Association and the Secretary of Education by
the Secretary of the Treasury.
* * * * * * *
(6) Substantial capital ratio reduction.--
(A) * * *
(B) Disapproval.--If the Secretary of the
Treasury disapproves a capital restoration plan
or modified plan submitted pursuant to
subparagraph (A), then, not later than the
earlier of the date the Secretary of the
Treasury disapproves of such plan or modified
plan (by written notice to the Association) or
the expiration of the 30-day consideration
period described in subparagraph (A) (as such
period may have been extended by mutual
agreement), the Secretary of the Treasury shall
prepare and submit an alternative capital
restoration plan, together with a report on his
reasons for disapproval of the Association's
plan or modified [plan, to the Chairman and
ranking minority member of the Committee on
Labor and Human Resources of the Senate and to
the Chairman and ranking minority member of the
Committee on Education and Labor of the House
of Representatives]plan, to the members of the
authorizing committees. A copy of such
submission simultaneously shall be sent to the
Association and the Secretary of Education by
the Secretary of the Treasury. The Association,
within 5 days after receipt from the Secretary
of the Treasury of such submission, shall
submit to the [Chairmen and ranking minority
members of such Committees]members of the
authorizing committees and the Secretary of the
Treasury, a written response to such
submission, setting out fully the nature and
extent
(7) * * *
* * * * * * *
(8) Critical capital standard.--
(A) * * *
* * * * * * *
(C) Immediately upon a determination under
subparagraph (A) or (B) to implement a capital
restoration plan, the Secretary of the Treasury
shall submit the capital restoration plan to be
[implemented to the Chairman and ranking
minority member of the Committee on Labor and
Human Resources of the Senate, the Chairman and
ranking minority member of the Committee on
Education and Labor of the House of
Representatives, and]implemented to the members
of the authorizing committees, and to the
Secretary of Education.
(9) * * *
* * * * * * *
(10) Review by secretary of education.--The Secretary
of Education shall review the Secretary of the
Treasury's submission required pursuant to paragraph
(5)(B), (6)(B), or (8) and shall submit a report within
30 [days to the Chairman and ranking minority member of
the Senate Committee on Labor and Human Resources and
to the Chairman and ranking minority member of the
House Committee on Education and Labor]days to the
members of the authorizing committees--
* * * * * * *
(s) Charter Sunset.--
(1) Application of provisions.--* * *
(2) Sunset plan.--
(A) Plan submission by the association.--Not
later than July 1, 2007, the Association shall
submit to the Secretary of the [Treasury and to
the Chairman and Ranking Member of the
Committee on Labor and Human Resources of the
Senate and the Chairman and Ranking Member of
the Committee on Economic and Educational
Opportunities of the House of
Representatives]Treasury and to the members of
the authorizing committees, a detailed plan for
the orderly winding up, by July 1, 2013, of
business activities conducted pursuant to the
charter set forth in this section. Such plan
shall--
* * * * * * *
(B) Amendment of the plan by the
association.--The Association shall from time
to time amend such plan to reflect changed
circumstances, and submit such amendments to
the Secretary of the [Treasury and to the
Chairman and Ranking Minority Member of the
Committee on Labor and Human Resources of the
Senate and Chairman and Ranking Minority Member
of the Committee on Economic and Educational
Opportunities of the House of
Representatives]Treasury and to the members of
the authorizing committees. In no case may any
amendment extend the date for full
implementation of the plan beyond the
dissolution date provided in paragraph (3).
* * * * * * *
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. [42 U.S.C. 2751] PURPOSE; APPROPRIATIONS AUTHORIZED.
(a) Purpose.-- * * *
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part, [$1,000,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years.]such sums as may be necessary
for fiscal year 2008 and each of the 5 succeeding fiscal years.
* * * * * * *
SEC. 442. [42 U.S.C. 2752] ALLOCATION OF FUNDS.
(a) Allocation Based on Previous Allocation.--
(1) * * *
* * * * * * *
(c) Determination of Institution's Need.--
(1) * * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(D) The allowance for books and supplies described in
subparagraph (A)(iii) is equal to [$450]$600.
* * * * * * *
SEC. 443. [42 U.S.C. 2753] GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
(a) Agreements Required.--* * *
(b) Contents of Agreements.--An agreement entered into
pursuant to this section shall--
(1) * * *
* * * * * * *
(2) * * *
[(A) for fiscal year 1999, an institution
shall use at least 5 percent of the total
amount of funds granted to such institution
under this section in any fiscal year to
compensate students employed in community
service (including a reasonable amount of time
spent in travel or training directly related to
such community service), except that the
Secretary may waive this subparagraph if the
Secretary determines that enforcing it would
cause of funds granted to such institution
under this section for ( for students at an
institution;]
[(B)](A) for fiscal year 2000 and succeeding
fiscal years, an institution shall use at least
7 percent of the total amount of funds granted
to such institution under this section for such
fiscal year to compensate students employed in
community service, and shall ensure that not
less than 1 tutoring or family literacy project
(as described in subsection (d)) is included in
meeting the requirement of this subparagraph,
except that the Secretary may waive [this
subparagraph if the Secretary determines that
enforcing this subparagraph would cause
hardship for students at the institution;]this
subparagraph if--and
(i) the Secretary determines that
enforcing this subparagraph would cause
hardship for students at the
institution; or
(ii) the institution certifies to the
Secretary that 15 percent or more of
its total full-time enrollment
participates in community service
activities described in section 441(c)
or tutoring and literacy activities
described in subsection (d) of this
section;
[(C)](B) an institution may use a portion of
the sums granted to it to meet administrative
expenses in accordance with section 489 of this
Act, may use a portion of the sums granted to
it to meet the cost of a job location and
development program in accordance with section
446 of this part, and may transfer funds in
accordance with the provisions of section 488
of this Act;
* * * * * * *
SEC. 446. [42 U.S.C. 2756] JOB LOCATION AND DEVELOPMENT PROGRAMS.
(a) Agreements Required.--
(1) The Secretary is authorized to enter into
agreements with eligible institutions under which such
institution may use not more than 10 percent or
[$50,000]$75,000 of its allotment under section 442,
whichever is less, to establish or expand a program
under which such institution, separately or in
combination with other eligible institutions, locates
and develops jobs, in eluding community service jobs,
for currently enrolled students.
* * * * * * *
SEC. 448. [42 U.S.C. 2756B] WORK COLLEGES.
(a) Purpose.--The purpose of this section is to recognize,
encourage, and promote the use of comprehensive [work-
learning]work-learning-service programs as a valuable
educational approach when it is an integral part of the
institutions's educational program and a part of a financial
plan which decreases reliance on grants and loans.
(b) Source and Use Funds.--
(1) Source of funds.--In addition the sums
appropriated [under subsection (f)]for this section
under section 441(b), funds allocated to the
institution under part C and part E this title may be
transferred for use under this section to provide
flexibility in strengthening the self-help-through-work
element in financial aid packaging.
(2) Activities authorized.--From the sums
appropriated [pursuant to subsection (f) for this
section under section 441(b), and from the funds
available under paragraph (1), eligible institutions
may, following approval of an application under
subsection (c) by the Secretary--
(A) support the education costs of qualified
students through self-help payments or credits
provided under the [work-learning
program]comprehensive work-learning-service
program of the institution within the limits of
part F of this title;
* * * * * * *
(C) support existing and new model student
volunteer community service projects associated
with local institutions of higher education,
such as operating drop-in resource centers that
are staffed by students and that link people in
need with the resources and opportunities
necessary to become self-sufficient; and
[(C)](D) carry out activities described in
section 443 or 446;
[(D)](E)be used for the administration
development and assessment of comprehensive
[work-learning]work-learning-service programs,
including--
(i) community-based [work-
learning]work-learning-service
alternative that expand opportunities
for community service and career-
related work; and
(ii) alternatives that develop sound
citizenship, encourage student
persistence, and make optimum use of
assistance under this part in education
and student development;
[(E)](F)coordinate and carry out joint
projects and activities to promoter [work
service learning]work-learning-service and
[(F)](G)carry out a comprehensive,
longitudinal study of student academic progress
and academic and career outcomes, relative to
student self-sufficiency in financing their
higher education, repayment of student loans,
continued and career community service, kind
and quality of service performed, and career
choice and community service selected after
graduation.
(c) Application.--Each eligible institution may submit an
application for funds authorized [by subsection subsection (f)
to use funds under subsection (b)(1)]for this section under
section 441(b) or to use funds under subsection (b)(1), at such
time and in such manner as the Secretary, by regulation, may
reasonably require.
* * * * * * *
(e) * * *
(1) the term ``work-college'' means an eligible
institution that--
(A) has been a public or private nonprofit 4-
year, degree-granting institution with a
commitment to community service;
(B) has operated a comprehensive [work-
learning]work-learning-service program for at
least 2 years;
[(C) requires all resident students who
reside on campus to participate in a
comprehensive work-learning program and the
provision of services as an integral part of
the institution's educational progrm and as
part of the institution's educational
philosophy; and]
(C) requires all resident students, including
at least \1/2\ of all resident students, who
are enrolled on a full-time basis, to
participate in a comprehensive work-learning-
service program for not less than 5 hours each
week, or not less than 80 hours during each
period of enrollment except summer school,
unless the student is engaged in a study abroad
or externship program that is organized or
approved by the institution; and
(D) provides students participating in the
comprehensive [work-learning]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
program'' means a student work/service program that is
an integral and stated part of the institution's
educational philosophy and program; requires
participation of all resident students for enrollment,
participation, and graduation; includes learning
objectives, evaluation and a record of work performance
as part of the student's college record; provides
programmatic leadership by college personnel at levels
comparable to traditional academic programs; recognizes
the educational role of work-learning supervisors; and
includes consequences for nonperformance or failure in
the work-learning program similar to the consequences
for failure in the regular academic program.]
(2) the term ``comprehensive 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 learing 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.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years.]
* * * * * * *
SEC. 455. [20 U.S.C. 1087E] TERMS AND CONDITIONS OF LOANS.
(a) In General.--* * *
* * * * * * *
(b) Interest Rate.--
(1) * * *
* * * * * * *
(8) Repayment incentives.--
(A) In general.--* * *
(B) Accountability.--Prior to publishing
regulations proposing repayment incentives, the
Secretary shall ensure the cost neutrality of
such reductions. The Secretary shall not
prescribe such regulations in final form unless
an official report from the Director of the
Office of Management and Budget to the
Secretary and a comparable report from the
Director of the Congressional Budget Office to
the Congress each certify that any such
reductions will be completely cost neutral.
Such reports shall be transmitted to the
[Committee on Labor and Human Resources of the
Senate and the Committee on Education and the
Workforce of the House of
Representatives]authorizing committees not less
than 60 days prior to the publication of
regulations proposing such reductions.
* * * * * * *
(g) Federal Direct Consolidation Loans.--A borrower of a
loan made under this part may consolidate such loan with the
loans described in section 428C(a)(4). To be eligible for a
consolidation loan under this part, a borrower shall meet the
eligibility criteria set forth in section 428C(a)(3). The
Secretary, upon application for such a loan, shall comply with
the requirements applicable to a lender under section
[428C(b)(1)(F)]428C(b)(1)(H).
* * * * * * *
PART E--FEDERAL PERKINS LOANS
SEC. 461. [20 U.S.C. 1087AA] APPROPRIATIONS AUTHORIZED.
(a) Program Authority.--* * *
(b) Authorization of Appropriations.--
(1) For the purpose of enabling the Secretary to make
contributions to student loan funds established under
this part, there are authorized to be appropriated
[$250,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal
years.]such sums as may be necessary for each of the
fiscal years 2008 through 2012.
* * * * * * *
SEC. 464. [20 U.S.C. 1087DD] TERMS OF LOANS.
(a) Terms and Conditions.--
(1) * * *
* * * * * * *
(c) Contents of Loan Agreement.--
(1) Any agreement between an institution and a
student for a loan from a student loan fund assisted
under this part--
(A) * * *
* * * * * * *
(F) shall provide that the liability to repay
the loan shall be canceled upon the death of
the borrower, [or if he]if the borrower becomes
permanently and totally disabled as determined
in accordance with regulations of the Secretary
or 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;
* * * * * * *
(7) * * *
(8) The Secretary may develop such additional
safeguards as the Secretary determines necessary to
prevent fraud and abuse in the cancellation of
liability under paragraph (1)(F). Notwithstanding
paragraph (1)(F), the Secretary may promulgate
regulations to resume collection on loans cancelled
under paragraph (1)(F) in any case in which--
(A) a borrower received a cancellation of
liability under paragraph (1)(F) and after the
cancellation 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.
* * * * * * *
SEC. 465. [20 U.S.C. 1087EE] CANCELLATION OF LOANS FOR CERTAIN PUBLIC
SERVICE.
(a) Cancellation of Percentage of Debt Based on Years of
Qualifying Service.--
(1) * * *
(2) Loans shall be canceled under paragraph (1) for
service--
* * *
* * * * * * *
(B) as a full-time staff member in a
preschool program carried on under the [Head
Start Act which]Head Start Act, or in a
prekindergarten or child care program, that is
licensed or regulated by the State, that is
operated for a period which is comparable to a
full school year in the locality if the salary
of such staff member is not more than the
salary of a comparable employee of the local
educational agency;
* * * * * * *
(H) as a full-time nurse or medical
technician providing health care services; [or]
(I) as a full-time employee of a public or
private nonprofit child or family service
agency who is providing, or supervising the
provision of, services to high-risk children
who are from low-income communities and the
families of such children[.];
(J) as a full-time faculty member at a Tribal
College or University, as that term is defined
in section 316;
(K) as a librarian, if the librarian has a
master's degree in library science and is
employed in--
(i) an elementary school or secondary
school that is eligible for assistance
under title I of the Elementary and
Secondary Education Act of 1965; or
(ii) a public library that serves a
geographic area that contains 1 or more
schools eligible for assistance under
title I of the Elementary and Secondary
Education Act of 1965; or
(L) as a full-time speech language therapist,
if the therapist has a master's degree and is
working exclusively with schools that are
eligible for assistance under title I of the
Elementary and Secondary Education Act of 1965.
For the purpose of this paragraph, the term
``children with disabilities'' has the meaning
set forth in section 602 of the Individuals
with Disabilities Education Act.
(3)(A) * * *
(i) in the case of service described in
subparagraph (A), (C) (D) (F), (G), (H), [or
(I)](I), (J), (K), or (L) of paragraph (2), at
the rate of 15 percent for the first or second
year of such service, 20 percent for the third
or fourth year of such service, and 30 percent
for the fifth year of such services:
(ii) in the case of service described in
subparagraph (B) of paragraph (2), at the rate
of 15 percent for each year of such service; or
[(iii) in the case of service described in
subparagraph (D) of paragraph (2), not to
exceed a total of 50 percent of such loan at
the rate of 12\1/2\ percent for each year of
qualifying service; or,]
[(iv)](iii) in the case of service described
in subparagraph (E) of paragraph (2) at the
rate of 15 percent for the first or second year
of such service and 20 percent for the third or
fourth year of such service.
* * * * * * *
SEC. 472. [20 U.S.C. 108711] COST OF ATTENDANCE.
For the purpose of this title, the term ``cost of
attendance'' means--
(1) * * *
* * * * * * *
(3) * * *
(A) * * *
(B) for students without dependents residing
in institutionally owned or operated housing,
shall be a standard allowance determined by the
institution based on the amount normally
assessed most of its residents for room and
board; [and]
(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
[(C)](D) for all other students shall be an
allowance based on the expenses reasonably
incurred by such students for room and board;
* * * * * * *
SEC. 480. [20 U.S.C. 1087VV] DEFINITIONS.
As used in this part:
(a) Total Income.--
(1) * * *
* * * * * * *
(b) Untaxed Income and Benefits.--The term ``untaxed income
and benefits'' means--
(1) child support received;
* * * * * * *
(6) housing, food, and other allowances (excluding
rent subsidies for low-income housing) for military,
clergy, and others (including cash payments and cash
value of benefits, 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;
* * * * * * *
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS
SEC. 481. DEFINITIONS.
(a) Academic and Award Year.--
(1) * * *
(2) * * *
* * * * * * *
(B) The Secretary may reduce such minimum of
30 weeks to not less than 26 weeks for good
cause, as determined by the Secretary on a
case-by-case basis, in the case of an
institution of higher education that provides a
2-year or 4-year program of instruction for
which the institution awards an associate or
baccalaureate degree and that measures program
length in credit hours or clock hours.
* * * * * * *
SEC. 482. [20 U.S.C. 1089] MASTER CALENDAR.
(a) Secretary Required To Comply With Schedule.--* * *
* * * * * * *
(d) Notice to Congress.--The Secretary shall notify the
[Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives]authorizing committees when a deadline included
in the calendar described in subsection (a) is not met. Nothing
in this section shall be interpreted to penalize institutions
or deny them the specified times allotted to enable them to
return information to the Secretary based on the failure of the
Secretary to adhere to the dates specified in this section.
(e) Compliance Calendar.--Prior to the beginning of each
award year, the Secretary shall provide to institutions of
higher education a list of all the reports and disclosures
required under this Act. The list shall include--
(1) the date each report or disclosure is required to
be completed and to be submitted, made available, or
disseminated;
(2) the required recipients of each report or
disclosure;
(3) any required method for transmittal or
dissemination of each report or disclosure;
(4) a description of the content of each report or
disclosure sufficient to allow the institution to
identify the appropriate individuals to be assigned the
responsibility for such report or disclosure;
(5) references to the statutory authority, applicable
regulations, and current guidance issued by the
Secretary regarding each report or disclosure; and
(6) any other information which is pertinent to the
content or distribution of the report or disclosure.
* * * * * * *
SEC. 483. [20 U.S.C. 1090] FORMS AND REGULATIONS.
[(a) Common Financial Aid Form Development and
Processing.--
[(1) Single form required.--The Secretary, in
cooperation with representatives of agencies and
organizations involved in student financial assistance,
shall produce, distribute, and process free of charge a
common financial reporting form to be used to determine
the need and eligibility of a student for financial
assistance under parts A through E of this title (other
than under subpart 4 of part A). The Secretary shall
include on the form developed under this subsection
such data items as the Secretary determines are
appropriate for inclusion. Such items shall be selected
in consultation with States to assist in the awarding
of State financial assistance. In no case shall the
number of such data items be less than the number
included on the form on the date of enactment of the
Higher Education Amendments of 1998. Such form shall
satisfy the requirements of section 401(d) of this
title.
[(2) Charges to students and parents for use of form
prohibited.--The common financial reporting form
prescribed by the Secretary under paragraph (1) shall
be produced, distributed, and processed by the
Secretary and no parent or student shall be charged a
fee for the collection, processing, or delivery of
financial aid through the use of such form. The need
and eligibility of a student for financial assistance
under parts A through E of this title (other than under
subpart 4 of part A) may only be determined by using
the form developed by the Secretary pursuant to
paragraph (1) of this subsection. No student may
receive assistance under parts A through E of this
title (other than under subpart 4 of part A), except by
use of the form developed by the Secretary pursuant to
this section. No data collected on a form for which a
fee is charged shall be used to complete the form
prescribed under paragraph (1).
[(3) Distribution of data.--Institutions of higher
education, guaranty agencies, and States shall receive,
without charge, the data collected by the Secretary
using the form developed pursuant to this section 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.
[(4) Contracts for collection and processing.--
(A) The Secretary shall, to the extent
practicable, enter into not less than 5
contracts with States, institutions of higher
education, or private organizations for the
purposes of the timely collection and
processing of the form developed pursuant to
paragraph (1) and the timely delivery of the
data submitted on such form. The Secretary
shall use such contracts to assist States and
institutions of higher education with the
collection of additional data required to award
State or institutional financial assistance,
except that the Secretary shall not include
these additional data items on the common
financial reporting form developed pursuant to
this section. The Secretary shall include in
each such contract a requirement that--
[(i) any charges by the contractor to
the student or parent or additional
data items required by a State or
institution for any purpose (regardless
of the method of collection) shall be
reasonable and shall not exceed the
marginal cost of collecting,
processing, and delivering such
additional data, taking into account
any payment received by the contractor
to produce, distribute, and process the
common financial reporting form
prescribed by the Secretary pursuant to
paragraph (1); and
[(ii) the contractor will require any
person or entity to whom the contractor
provides such additional data to agree
not to collect from any student or
parent any charge that would not be
permitted under this subparagraph for
any such additional data.
[(B) To the extent practicable, the Secretary
shall ensure that at least one contractor, or a
portion of one contract, under this paragraph
will serve graduate and professional students.
[(C) As part of the procurement process for
the 1993-1994 award year, and for all
procurements thereafter pertaining to the
contracts under this paragraph, the Secretary
shall require all entities competing for such
contracts to comply with all requirements of
this subsection and to--
[(i) use the common financial
reporting form as prescribed in
paragraph (1), which shall be clearly
identified as the ``Free Application
for Federal Student Aid''; and
[(ii) use a common, simplified
reapplication form as the Secretary
shall prescribe pursuant to subsection
(b), in each award year.
[(D) The Secretary shall reimburse all
approved contractors at a reasonable
predetermined rate for processing such
applications, for issuing eligibility reports,
and for carrying out other services or
requirements that may be prescribed by the
Secretary.
[(E) All approved contractors shall be
required to adhere to all editing, processing,
and reporting requirements established by the
Secretary to ensure consistency.
[(F) No approved contractor shall enter into
exclusive arrangements with guarantors,
lenders, secondary markets, or institutions of
higher education for the purpose of reselling
or sharing of data collected for the multiple
data entry process. All data collected under a
contract issued by the Secretary pursuant to
this paragraph for the multiple data entry
process is the exclusive property of the
Secretary and may not be transfer to a third
party by an approved contractor without the
Secretary's express written approval.
[(5) Electronic forms.--
[(A) The Secretary, in cooperation with
representatives of agencies and organizations
involved in student financial assistance,
including private computer software providers,
shall develop an electronic version of the form
described in paragraph (1). As permitted by the
Secretary, such an electronic version shall not
require a signature to be collected at the time
such version is submitted, if a signature is
subsequently submitted by the applicant. The
Secretary shall prescribe such version not
later than 120 days after the date of enactment
of the Higher Education Amendments of 1998.
[(B) Nothing in this section shall be
construed to prohibit the use of the form
developed by the Secretary pursuant to
subparagraph (A) by an eligible institution,
eligible lender, guaranty agency, State grant
agency, private computer software providers, a
consortium thereof, or such other entities as
the Secretary may designate.
[(C) No fee shall be charged to students in
connection with the use of the electronic
version of the form, or of any other electronic
forms used in conjunction with such form in
applying for Federal or State student financial
assistance.
[(D) The Secretary shall ensure that data
collection complies with section 552a of title
5, United States Code, and that any entity
using the electronic version of the form
developed by the Secretary pursuant to
subparagraph (A) 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 form. Data collected by such version of
the form 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 version of the form
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.
[(6) 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 eligible institutions 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) which
are 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 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.
[(7) Parent's social security number and birth
date.--The Secretary is authorized to include on the
form developed under this subsection space for the
social security number and birth date of parents of
dependent students seeking financial assistance under
this title.
[(b) Streamlined Reapplication Process.--
[(1) The Secretary shall develop a streamlined
reapplication form and process, including electronic
reapplication process, consistent with the requirements
of subsection (a), for those recipients who apply for
financial aid funds under this title in the next
succeeding academic year subsequent to the initial year
in which such recipients apply.
[(2) The Secretary shall develop appropriate
mechanisms to support reapplication.
[(3) The Secretary shall determine, in cooperation
with States, institutions of higher education, agencies
and organizations involved in student financial
assistance, the data elements that can be updated from
the previous academic year's application.
[(4) Nothing in this title shall be interpreted as
limiting the authority of the Secretary to reduce the
number of data elements required of reapplicants.
[(5) Individuals determined to have a zero family
contribution pursuant to section 479 shall not be
required to provide any financial data, except that
which is necessary to determine eligibility under that
section.]
(a) Common Financial Aid Form Development and Processing.--
(1) In general.--
(A) Common forms.--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 to determine the need and
eligibility of a student for financial
assistance under parts A through E of this
title (other than under subpart 4 of part A).
The forms shall be made available to applicants
in both paper and electronic formats.
(B) FAFSA.--The common financial reporting
forms described in this subsection (excluding
the form described in paragraph, (2)(B)), shall
be referred to collectively as the ``Free
Application for Federal Student Aid'', or
``FAFSA''.
(2) Paper format.--
(A) In general.--The Secretary shall
encourage applicants to file the electronic
versions of the forms described in paragraph
(3), but shall develop, make available, and
process--
(i) a paper version of EZ FAFSA, a
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
application form for applicants meeting
the requirements of section 479(c),
which form shall be referred to as the
``EZ FAFSA''.
(ii) Required federal data
elements.--The Secretary shall include
on the EZ FAFSA only the data elements
required to determine student
eligibility and whether the applicant
meets the requirements of section
479(c).
(iii) Required state data elements.--
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 the Secretary shall not
include a State's data if that State
does not permit its applicants for
State assistance to use the EZ FAFSA.
(iv) Free availability and data
distribution.--The provisions of
paragraphs (6) and (10) shall apply to
the EZ FAFSA.
(C) Phase-out of full paper fafsa.--
(i) Phase-out of printing of full
paper fafsa.--At such time as the
Secretary determines that it is not
cost-effective to print the full paper
version of FAFSA, the Secretary shall--
(I) phase out the printing of
the full paper version of
FAFSA;
(II) maintain on the Internet
easily accessible, downloadable
formats of the full paper
version of FAFSA; and
(III) provide a printed copy
of the full paper version of
FAFSA upon request.
(ii) Use of savings.--The Secretary
shall utilize any savings realized by
phasing out the printing of the full
paper version of FAFSA and moving
applicants to the electronic versions
of FAFSA, to improve access to the
electronic versions for applicants
meeting the requirements of section
479(c).
(3) Electronic versions.--
(A) In general.--The Secretary shall produce,
make available through a broadly available
website, and process electronic versions of the
FAFSA and the EZ FAFSA.
(B) Minimum questions.--The Secretary shall
use all available technology to ensure that a
student using an electronic version of the
FAFSA under this paragraph answers only the
minimum number of questions necessary.
(C) Reduced requirements.--The Secretary
shall enable applicants who meet the
requirements of subsection (b) or (c) of
section 479 to provide information on the
electronic version of the FAFSA only for the
data elements required to determine student
eligibility and whether the applicant meets the
requirements of subsection (b) or (c) of
section 479.
(D) State data.--The Secretary shall include on
the electronic version of the FAFSA the
questions needed to determine whether the
applicant is eligible for State financial
assistance, as provided under paragraph (5),
except that the Secretary shall not--
(i) require applicants to complete
data required by any State other than
the applicant's State of residence; and
(ii) include a State's data if such
State does not permit its applicants
for State assistance to use the
electronic version of the FAFSA
described in this paragraph.
(E) Free availability and data
distribution.--The provisions of paragraphs (6)
and (10) shall apply to the electronic version
of the FAFSA.
(F) Use of forms.--Nothing in this subsection
shall be construed to prohibit the use of the
electronic versions of the forms developed by
the Secretary pursuant to this paragraph by an
eligible institution, eligible lender, a
guaranty agency, a State grant agency, a
private computer software provider, a
consortium of such entitles, or such other
entity as the Secretary may designate. Data
collected by the electronic versions of such
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 versions 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.
(G) 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 an electronic
version of a form developed by the Secretary
under 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 form.
(H) Signature.--Notwithstanding any other
provisions of this Act, the Secretary may
permit an electronic version of a form
developed under this paragraph to be submitted
without a signature, if a signature is
sequently submitted by the applicant or if the
applicant uses a personal identification number
provided by the Secretary under subparagraph
(I).
(I) Personal identification numbers
authorized.--The Secretary is authorized 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.
(I) Personal identification number
improvement.--Not later than 180 days after the
date of enactment of the Higher Education
Amendments of 2007, the Secretary shall
implement a real-time data match between the
Social Security Administration and the
Department to minimize the time required for an
applicant to obtain a personal identification
number when applying for aid under this title
through an electronic version of a form
developed under this paragraph.
(4) Streamlined reapplication process.--
(A) In general.--The Secretary shall develop
streamlined paper and electronic 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.
(B) 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.
(C) 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.
(D) 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.
(5) State requirements.--
(A) In general.--Except as provided in
paragraphs (2)(B)(iii) (3)(D), and (4)(B), 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
common financial reporting form for the 2005-
2006 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)(C).
(C) Use of simplified application 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)(C), for
applicants who meet the requirements of
subsection (b) or (c) of section 479.
(D) 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)(C) 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.
(E) 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.
(F) Restriction.--The Secretary shall not
require applicants to complete any financial or
non-financial 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
paper or electronic version of a form developed under
this subsection, or other document that was created to
replace, or used to complete, such a form, and for
which a fee was paid, shall be used.
(7) Restrictions on use of pin.--No person,
commercial entity or other entity, shall request,
obtain, or utilize an applicant's personal
identification number assigned under paragraph (3)(I)
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 of expected family
contributions.--The Secretary shall permit an applicant
to complete a form described in this subsection in the
years prior to enrollment in order to obtain from the
Secretary a nonbinding estimate of the applicant's
expected family contribution, computed in accordance
with part F. Such applicant shall be permitted to
update information submitted on a form described in
this subsection using the process required under
paragraph (4).
(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) which are 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.
[(c)] (b) Information to Committees of Congress.--Copies of
all rules, regulations, guidelines, instructions, and
application forms published or promulgated pursuant to this
title shall be provided to [Committee on Labor and Human
Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives] authorizing
committees that least 45 days prior to their effective date.
[(d)] (c) Toll-Free Information.--The Secretary shall
contract for, or establish, and publicize a toll-free telephone
service to provide timely and accurate information to the
general public. The information provided shall include specific
instructions on completing the application form for assistance
under this title. Such service shall also include a service
accessible by telecommunications devices for the deaf (TDD's)
and shall, in addition to the services provided for in the
previous sentence refer such students to the national
clearinghouse on postsecondary educaion [that is authorized
under section 685(d)(2)(C) of the Individuals with Disabilities
Education Act.] or other appropriate provider of technical
assistance and information on postsecondary educational
services that is authorized under section 663(a) of the
Individuals with Disabilities Education Act. Not later than 2
years after the date of enactment of the Higher Education
Amendments of 2007, the Secretary shall test and implement, to
the extent practicable, a toll-free telephone based system to
permit applicants who meet the requirements of 479(c) to submit
an application over such system.
[(e) Preparer.--Any financial aid application required to
be made under this title shall include the name, signature,
address or employer's address, social security number or
employer identification number, and organizational affiliation
of the preparer of such financial aid application.]
(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), the preparer shall
include the name, signature, address or employers
address, social security number or employer
identification number; and organizational affiliation
of the preparer on the applicant's form.
(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 may be completed for free via paper or
electronic versions of the forms that are
provided by the Secretary;
(B) include in any advertising clear and
conspicuous information that the FAFSA and EZ
FAFSA may be completed for free via paper or
electronic versions 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 described in
subsection (a)(3) that provides the electronic
versions of the forms developed under
subsection (a);
(D) refrain from producing or disseminating
any form other than the forms developed by the
Secretary under subsection (a); and
(E) not charge any fee to any individual
seeking services who meets the requirements of
subsection (b) or (c) of section 479.
(4) Special rule.--Nothing in this Act shall
be construed to limit preparers of the
financial reporting forms required to be made
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 Award Demonstration Program.--
(1) Purpose.--The purpose of the demonstration
program implemented under this subsection is to
determine the feasibility of implementing a
comprehensive early application and notification system
for all dependent students and to measure the benefits
and costs of such a system.
(2) Program authorized.--Not later than 2 years after
the date of enactment of the Higher Education
Amendments of 2007, 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 2
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 1
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 an the institution of higher
education.
(3) Early application and award.--For all dependent
students selected for participation in the
demonstration program who submit a completed FAFSA, or,
as appropriate, an EZ FAFSA, 2 years prior to the year
such students plan to enroll in an institution of
higher education, the Secretary shall, not later than 1
year prior to the year of such planned enrollment--
(A) provide each student who meets the
requirements under section 479(c) with a
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;
(B) provide each student who does not meet
the requirements under section 479(c) with an
estimate of such student's--
(i) expected family contribution for
the first year of the student's planned
enrollment; 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
(C) 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).
(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 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.--States that are 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--
(i) determinations of State financial
aid awards to dependent students
participating in the program who meet
the requirements of section 479(c); and
(ii) estimates of State financial aid
awards to other dependent students
participating in the program;
(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, 2
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
control; 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) institutional
awards to participating
dependent students who
meet the requirements
of section 479(c);
(bb) estimates of
institutional awards to
other participating
dependent students; and
(cc) expected or
tentative awards of
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 in awarding
financial aid to students participating in the
demonstration program.
(B) Waivers.--The Secretary is authorized to
waive, for an institution participating in the
demonstration program, any requirements under
the title, or regulations prescribed under this
title, that would 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 in order to notify States, institutions of
higher education, and secondary schools of the
demonstration program.
(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 of the
program described in paragraph (1). In conducting the
evaluation, the Secretary shall--
(A) identify whether receiving financial aid
awards or estimates, as applicable, 1 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 2 years prior to the student's planned
enrollment date had an impact on the ability of
States and institutions to make financial aid
awards and commitments;
(C) determine what operational changes would
be required to implement the program on a
larger scale;
(D) identify any changes to Federal law that
would be necessary to implement the program on
a permanent basis; and
(E) identify the benefits and adverse effects
of providing early awards or estimates on
program costs, program operations, program
integrity, award amounts, distribution, and
delivery of aid.
(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) Use of IRS Data and Reduced Income and Asset
Information To Determine Eligibility for Student Financial
Aid.--
(1) Formation of study group.--Not later than 180
days after the date of enactment of the Higher
Education Amendments of 2007, the Comptroller General
of the United States and the Secretary of Education
shall convene a study group whose members shall include
the Secretary of the Treasury, the Director of the
Office of Management and Budget, the Director of the
Congressional Budget Office, and such other individuals
as the Comptroller General and Secretary of Education
may designate.
(2) Study required.--The Comptroller General and the
Secretary, in consultation with the study group
convened under paragraph (1), shall design and conduct
a study to identify and evaluate the means of
simplifying the process of applying for Federal
financial aid available under this title. The study
shall focus on developing alternative approaches for
calculating the expected family contribution that use
substantially less income and asset data than the
methodology currently used, as of the time of the
study, for determining the expected family
contribution.
(3) Objectives of study.--The objectives of the study
required under paragraph (2) are--
(A) to shorten the FAFSA and make it easier
and less time-consuming to complete, thereby
increasing higher education access for low-
income students;
(B) to examine the feasibility, and evaluate
the costs and benefits, of using income data
from the Internal Revenue Service to pre-
populate the electronic version of the FAFSA;
(C) to determine ways in which to provide
reliable information on the amount of Federal
grant aid and financial assistance a student
can expect to receive, assuming constant
income, 2 to 3 years before the student's
enrollment; and
(D) to simplify the process for determining
eligibility for student financial aid without
causing significant redistribution of Federal
grants and subsidized loans under this title.
(4) Requires subjects of study.--The study required
under paragraph (2) shall consider--
(A) how the expected family contribution of a
student could be calculated using substantially
less income and asset information than the
approach currently used, as of the time of the
study, to calculate the expected family
contribution without causing significant
redistribution of Federal grants and subsidized
loans under this title, State aid, or
institutional aid, or change in the composition
of the group of recipients of such aid, which
alternative approaches for calculating the
expected family contribution shall, to the
extent practicable--
(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;
(B) how the Internal Revenue Service can
provide income and other data needed to compute
an expected family contribution for taxpayers
and dependents of taxpayers to the Secretary of
Education, and when in the application cycle
the data can be made available;
(C) whether data provided by the Internal
Revenue could 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;
(D) the extent to which the use of income
data from 2 years prior to a student's planned
enrollment date would change the family
contribution computed in accordance with part
F, and potential adjustments to the need
analysis formula that would minimize the
change;
(E) the extent to which States and
institutions would accept the data provided by
the Internal Revenue Service to prepopulate the
electronic version of the FAFSA in determining
the distribution of State and institutional
student financial aid funds;
(F) the changes to the electronic version of
the FAFSA and verification processes that would
be needed or could be made if Internal Revenue
Service data were used to prepopulate such
electronic version;
(G) the data elements currently collected, as
of the time of the study, on the FAFSA that are
needed to determine eligibility for student
aid, or to administer Federal student financial
aid programs, but are not needed to compute an
expected family contribution, such as whether
information regarding the student's citizenship
or permanent residency status, registration for
selective service, or driver's license number
could be reduced without adverse effects;
(H) 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 an income tax return for the prior taxable
year;
(I) information on the State need for and
usage of the full array of income, asset, and
other information currently collected, as of
the time of the study, on the FAFSA, including
analyses of--
(i) what data are currently used by
States to determine eligibility for
State student financial aid, and
whether the data are used for merit or
need-based aid;
(ii) the extent to which the full
array of income and asset information
currently collected on the FAFSA play
an important role in the awarding of
need-based State financial aid, and
whether the State could use income and
asset information that was more limited
to support determinations of
eligibility for such State aid
programs;
(iii) whether data are required by
State law, State regulations, or policy
directives;
(iv) what State official has the
authority to advise the Department on
what the State requires to calculate
need-based State student financial aid;
(v) the extent to which any State-
specific information requirements could
be met by completion of a State
application linked to the electronic
version of the FAFSA; and
(vi) whether the State can use, as of
the time of the study, or could use, a
student's expected family contribution
based on data from 2 years prior to the
student's planned enrollment date and a
calculation with reduced data elements
and, if not, what additional
information would be needed or what
changes would be required; and
(J) 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.
(5) Use of data from the internal revenue service to
prepopulate fafsa forms.--After the study required
under this subsection has been completed, the Secretary
may use Internal Revenue Service data to prepopulate
the electronic version of the FAFSA if the Secretary,
in a joint decision with the Secretary of Treasury,
determines that such use will not significantly
negatively impact students, institutions of higher
education, States, or the Federal Government based on
each of the following criteria:
(A) Program costs.
(B) Redistributive effects on students.
(C) Accuracy of aid determinations.
(D) Reduction of burden to the FAFSA filers.
(E) Whether all States and institutions that
currently accept the Federal aid formula accept
the use of data from 2 years prior to the date
of a student's planned enrollment in an
institution of higher education to award
Federal, State, and institutional aid, and as a
result will not require students to complete
any additional forms to receive this aid.
(6) Consultation.--The Secretary shall consult with
the Advisory Committee on Student Financial Assistance
established under section 491 as appropriate in
carrying out this subsection.
(7) Report.--Not later than 18 months after the date
of enactment of the Higher Education Amendments of
2007, the Comptroller General and the Secretary shall
prepare and submit a report on the results of the study
required under this subsection to the authorizing
committees.
* * * * * * *
SEC. 484. [20 U.S.C. 1091] STUDENT ELIGIBILITY.
(a) In General.-- * * *
* * * * * * *
(d) Students Who Are Not High School Graduates.-- * * *
* * * * * * *
(3) * * *
(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 6 credit hours or the equivalent
coursework that are applicable toward a degree or
certificate offered by the institution of higher
education.
* * * * * * *
(k) Special Rule for Correspondence Courses.-- * * *
[(l) Courses Offered Through Telecommunications.--
[(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 in whole or in
part through telecommunications and leads to a
recognized certificate, or a recognized
associate, baccalaureate, or graduate degree,
conferred by such institution, shall not be
considered to be enrolled in correspondence
courses.
[(B) Exception.--Subparagraph (A) shall not
apply to an institution or school described in
section 3(3)(C) of the Carl D. Perkins
Vocational and Technical Education Act of 1998.
[(2) Restriction or reductions of financial aid.--A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a
financial aid officer determines under the
discretionary authority provided in section 479A that
telecommunications instruction results in a
substantially reduced cost of attendance to such
student.
[(3) Special rule.--For award years prior to the date
of enactment of this subsection, the Secretary shall
not take any compliance, disallowance, penalty, or
other action against a student or an eligible
institution when such action arises out of such
institution's prior award of student assistance under
this title if the institution demonstrates to the
satisfaction of the Secretary that its course of
instruction would have been in conformance with the
requirements of this subsection.
[(4) Definition.--For the purposes of this
subsection, the term ``telecommunications'' means the
use of television, audio, or computer transmission,
including open broadcast, closed circuit, cable,
microwave, or satellite, audio conferencing, computer
conferencing, or video cassettes or discs, except that
such term does not include a course that is delivered
using video cassette or disc recordings at such
institution and that is not delivered in person to
other students of that institution.]
(l) Courses Offered Through Distance Education.--
(1) Relation to correspondence courses.--
(A) In general.--A student enrolled in a
course of instruction at an institution of
higher education that is offered principally
through distance education and leads to a
recognized certificate, or associate,
baccalaureate, or graduate degree, conferred by
such institution, shall not be considered to be
enrolled in correspondence courses.
(B) Exception.--An institution of higher
education referred to in subparagraph (A) shall
not include an institution or school described
in section 3(3)(C) of the Carl D. Perkins
Career and Technical Education Act of 2006.
(2) Restriction or reductions of financial aid.-- A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a
financial aid officer determines under the
discretionary authority provided in section 479a that
distance education results in a substantially reduced
cost of attendance to such student.
(3) Special rule.--For award years prior to July 1,
2008, the Secretary shall not take any compliance,
disallowance, penalty, or other action against a
student or an eligible institution when such action
arises out of such institution's prior award of student
assistance under this title if the institution
demonstrates to the satisfaction of the Secretary that
its course of instruction would have been in
conformance with the requirements of this subsection.
* * * * * * *
(r) Suspension of Eligibility for Drug-Related Offenses.--
(1) In general.--* * *
(s) Students With Intellectual Disabilities--
Notwithstanding subsection (a), in order to receive any grant
or work assistance under subparts 1 and 3 of part A and part C
of this title, a student with, an intellectual disability
shall--
(1) be an individual with an intellectual disability
whose mental retardation or other significant cognitive
impairment substantially impacts the individual's
intellectual and cognitive functioning;
(2)(A) be a student eligible for assistance under the
Individuals with Disabilities Education Act who--
(i) has completed secondary school with a
diploma or certificate; or
(ii) has completed secondary school; or
(B) be an individual who is no longer eligible for
assistance under the Individuals with Disabilities
Education Act because the individual has exceeded the
maximum age for which the State provides a free
appropriate public education;
(3) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education
program that--
(A) is designed for students with an
intellectual disability who are seeking to
continue academic, vocational, and independent
living instruction at the institution in order
to prepare for gainful employment and
independent living;
(B) includes an advising and curriculum
structure;
(C) requires students to participate on at
least a half-time basis, as determined by the
institution; or
(D) includes--
(i) regular enrollment in courses
offered by the institution;
(ii) auditing or participating in
courses offered by the institution for
which the student does not receive
regular academic credit;
(iii) enrollment in noncredit,
nondegree courses;
(iv) participation in internships; or
(v) a combination of 2 or more of the
activities described in clauses (i)
through (iv);
(4) be maintaining satisfactory progress in the
program as determined by the institution, in accordance
with standards established by the institution; and
(5) meet the recquirements of paragraphs (3), (4),
(5), and (6) of subsection (a).
* * * * * * *
SEC. 484A. [20 U.S.C. 1091A] STATUTE OF LIMITATIONS, AND STATE COURT
JUDGMENTS.
(a) In General.--(1) * * *
* * * * * * *
(b) Assessment of Costs and Other Charges.--Notwithstanding
any provision of State law to the contrary--
(1) a borrower who has defaulted on a loan made under
this title shall be required to pay, in addition to
other charges specified in this title, reasonable
collection costs; [and]
(2) in collecting any obligation arising from a loan
made under part B of this title, a guaranty agency or
the Secretary shall not be subject to a defense raised
by any borrower based on a claim of infancy[.] ; and
(3) in collecting any obligation arising from a loan
made under part E of this title, an institution of
higher education that has an agreement with the
Secretary pursuant to section 463(a) shall not be
subject to a defense raised by any borrower based on a
claim of infancy.
(c) State Court Judgments.--* * *
(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. 484B. [20 U.S.C. 1091B] INSTITUTIONAL REFUNDS.
(a) Return of Title IV Funds.--
(1) In general.--* * *
* * * * * * *
(c) Withdrawal Date.--
(1) In general.--* * *
* * * * * * *
(2) Special rule.--Notwithstanding paragraph (1), if
the institution determines that a student did not begin
the withdrawal process, or otherwise notify the
institution of the intent to withdraw, due to illness,
accident, grievous personal loss, or other such
circumstances beyond the student's control, the
institution [may determine the appropriate withdrawal
date.] may determine--
(A) the appropriate withdrawal date; and
(B) that the requirements of subsection
(b)(2) do not apply to the student.
* * * * * * *
SEC. 485. [20 U.S.C. 1092] INSTITUTIONAL AND FINANCIAL ASSISTANCE
INFORMATION FOR STUDENTS.
(a) Information Dissemination Activities.--
(1) * * *
(A) * * *
* * * * * * *
[(M) the terms and conditions under which
students receiving guaranteed student loans
under part B of this title or direct student
loans under part E of this title, or both,
may--
[(i) obtain deferral of the repayment
of the principal and interest for
service under the Peace Corps Act (as
established by the Peace Corps Act (22
U.S.C. 2501) et seq.)) or under the
Domestic Volunteer Service Act of 1973
(42 U.S.C. 4951 et seq.), or for
comparable full-time service as a
volunteer for a tax-exempt organization
of demonstrated effectiveness in the
field of community service, and
[(ii) obtain partial cancellation of
the student loan for service under the
Peace Corps Act (as established by the
Peace Corps Act (22 U.S.C. 2501 et
seq.)) under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951 et
seq.) or, for comparable full-time
service as a volunteer for a tax-exempt
organization of demonstrated
effectiveness in the field of community
service;]
(M) the terms and conditions of the loans
that students receive under parts B, D, and E;
(N) that enrollment in a program of study
abroad approved for credit by the home
institution may be considered enrollment in the
home institution for purposes of applying for
Federal student financial assistance; [and]
(O) the campus crime report prepared by the
institution pursuant to subsection (f),
including all required reporting categories[.];
(P) institutional policies and sanctions
related to copyright infringement that inform
students that unauthorized distribution of
copyrighted material on the institution's
information technology systems, including
engaging in unauthorized peer-to-peer file
sharing, may subject the students to civil and
criminal, penalties;
(Q) student body diversity at the
institution, including information on the
percentage of enrolled, full-time students who
are--
(i) male;
(ii) female;
(iii) from a low-income background;
and
(iv) 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 4-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; and
(T) the fire safety report prepared by the
institution pursuant to subsection (i).
(2) * * *
* * * * * * *
[(4) For purposes of this section, institutions may
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 services, on official church
missions, or with a recognized foreign aid service of
the Federal Government.]
(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, the institution may 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.
* * * * * * *
(6) * * *
(7) The information disclosed under subparagraph (L)
of paragraph (1), or reported under subsection (e),
shall include information disaggregated by gender, by
each major racial and ethnic subgroup, by recipients of
a Federal Pell Grant, by recipients of a loan made
under this part or part 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 this part or part 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 would
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.
(b) 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 student borrower
of a loan made, insured, or guaranteed under
part B or D, ensure that the borrower receives
comprehensive information on the terms and
conditions of the loan and the responsibilities
the borrower has with respect to such loan.
Such information shall be provided in simple
and understandable terms and may be provided--
(i) during an entrance counseling
session conducted 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 and understanding
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 borrowers' understanding of the terms
and conditions of the borrowers' loans under
part B or D, using comprehensible language and
displays with clear formatting.
(2) Information to be provided.--The information
provided to the borrower under paragraph (1)(A) shall
include--
(A) an explanation of the use of the Master
Promissory Note;
(B) in the case of a loan made under section
428B or 428H, a Federal Direct PLUS Loan, or a
Federal Direct Unsubsidized Stafford Loan--
(i) the ability of the borrower to
pay the interest while the borrower is
in school; and
(ii) how often interest is
capitalized;
(C) 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;
(D) an explanation of the importance of
contacting the appropriate institutional
offices 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;
(E) the obligation of the borrower to repay
the full amount of the loan even if the
borrower does not complete the program in which
the borrower is enrolled;
(F) information on the National Student Loan
Data System and how the borrower can access the
borrower's records; and
(G) the name of an 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.
[(b)] (c) Exit Counseling for Borrowers.--(1) [(A) Each
eligible institution shall, through financial aid officers or
otherwise, make available counseling to borrowers of loans
which are made, insured, or guaranteed under part B (other than
loans made pursuant to section 428B) of this title or made
under part D or E of this title prior to 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) the average anticipated monthly repayments, a
review of the repayment options available, and such
debt and management strategies as the institution
determines are designed to facilitate the repayment of
such indebtedness; and
[(ii) the terms and conditions under which the
student may obtain partial cancellation or defer
repayment of the principal and interest pursuant to
sections 428(b), 464(c)(2), and 465.
(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 made to parents
pursuant to section 428B), or made under part D (other than
Federal Direct Consolidation Loans or Federal Direct PLUS Loans
made to parents) or E, 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 discussion of the different features of
each plan and sample information showing the difference
in interest paid and total payments under each plan;
(ii) the average anticipated monthly repayments under
the standard repayment plan and, at the borrower's
request, the other repayment plans for which the
borrower is eligible;
(iii) such debt and management strategies as the
institution determines are designed to facilitate the
repayment of such indebtedness;
(iv) an explanation that the borrower has the ability
to prepay each such loan, pay the loan on a shorter
schedule, and change repayment plans;
(v) the terms and conditions under which the student
may obtain full or partial forgiveness or cancellation
of principal or interest under sections 428J, 460, and
465 (to the extent that such sections are applicable to
the student's loans);
(vi) the terms and conditions under which the student
may defer repayment of principal or interest or be
granted forbearance under subsections (b)(1)(M) and (o)
of section 428, 428H(e)(7), subsections (f) and (l) of
section 455, and section 464(c)(2), and the potential
impact of such deferment or forbearance;
(vii) the consequences of default on such loans;
(viii) information on the effects of using a
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
all grace periods, loan forgiveness,
cancellation, and deferment opportunities;
(III) the ability of the borrower to prepay
the loan or change repayment plans; and
(IV) that borrower benefit programs may vary
among different loan holders; 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.
(2)(A) * * *
* * * * * * *
(3) Each eligible institution shall, during the exit
interview required by this subsection, provide to a
borrower of a loan made under part B, D, or E a clear
and conspicuous notice describing the general effects
of using a consolidation loan to discharge the
borrower's student loans, including--
(A) the effects of consolidation on total interest to
be paid, fees to be paid, and length of repayment;
(B) the effects of consolidation on a borrower's
underlying loan benefits, including loan forgiveness,
cancellation, and deferment;
(C) the ability for the borrower to prepay the loan,
pay on a shorter schedule, and to change repayment
plans, and that borrower benefit programs may vary
among different loan holders;
(D) a general description of the types of tax
benefits which may be available to borrowers of student
loans; and
(E) the consequences of default.
[(c)](d) Financial Assistance Information Personnel.--* * *
[(d)](e) Departmental Publication of Descriptions of
Assistance Programs.--* * *
(1) * * *
(2) The Secretary, to the extent the information is
available, shall compile information describing State
grant assistance, as well as State and other prepaid
tuition programs and savings programs and disseminate
such information to States, eligible institutions,
students, and parents in departmental publications and
other means, including through the Internet.
* * * * * * *
[(e)](f) Disclosures Required With Respect to Athletically
Related Student Aid.--
(1) * * *
* * * * * * *
[(3) For purposes of this subsection, institutions
may 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 services, on official church
missions, or with a recognized foreign aid service of
the Federal Government.]
(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,
fulltime, undergraduate students at the
institution, the institution may calculate the
completion or graduation rates of such students
by excluding from the calculations described in
paragraph (1) the time period 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.
* * * * * * *
[(f)](g) Disclosure of Campus Security Policy and Campus
Crime Statistics.--
(1) Each eligible institution participating in any
program under this title, other than a foreign
institution of higher education, shall on August 1,
1991, begin to collect the following information with
respect to campus crime statistics and campus security
policies of that institution, and beginning September
1, 1992 and each year thereafter, prepare, publish, and
distribute, through appropriate publications or
mailings, to all current students and employees, and to
any applicant for enrollment or employment upon
request, an annual security report containing at least
the following information with respect to the campus
security policies and campus crime statistics of that
institution:
(A) * * *
* * * * * * *
(I) * * *
(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--
(i) to notify the campus community in a
reasonable and timely manner in the event of a
significant emergency or dangerous situation,
involving an immediate threat to the health or
safety of students or staff, occurring on the
campus;
(ii) to publicize emergency response and
evacuation procedures on an annual basis in a
manner designed to reach students and staff;
and
(iii) to test emergency response and
evacuation procedures on an annual basis.
* * * * * * *
(5) On an annual basis, each institution
participating in any program under this title shall
submit to the Secretary a copy of the statistics
required to be made available under paragraph (1)(F).
The Secretary shall--
(A) review such statistics and report to the
[Committee on Education and the Workforce of
the House of Representatives and the Committee
on Labor and Human Resources of the Senate]
authorizing committees on campus crime
statistics by September 1, 2000;
* * * * * * *
(14)(A) Nothing in this subsection may be construed
to--
(i) * * *
* * * * * * *
(15) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding
compliance with this subsection by institutions of
higher education, including an up-to-date report on the
Secretary's monitoring of such compliance.
(16) Best practices.--The Secretary may seek the
advice and counsel of the Attorney General concerning
the development, and dissemination to institutions of
higher education, of best practices information about
campus safety and emergencies.
[(15)] (17) This subsection may be cited as the
``Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act''.
[(g)] (h) Data Required.--
(1) In general.--
* * * * * * *
(4) Submission; report; information availability.--
(A) * * *
(B) The Secretary shall prepare a report regarding
the information received under subparagraph (A) and
submit such report to the [Committee on Education and
the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate]
authorizing committees by April 1, 2000. The report
shall--
* * * * * * *
(i) 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 institution's transfer of credit policies
which shall include a statement of the institution's
current transfer of credit policies that includes, at a
minimum--
(A) a statement of whether the institution
denies a transfer of credit solely on the basis
of the agency or association that accredited
such other 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
Accreditation and Institutional Quality and
Integrity Advisory Committee 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.
(j) 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 shall, on an annual basis,
publish a fire safety report, which shall contain
information with respect to the campus fire safety
practices and standards of that institution,
including--
(A) statistics concerning the following in
each on-campus student housing facility during
the most recent calendar years for which data
are available:
(i) the number of fires and the cause
of each fire;
(ii) the number of injuries related
to a fire that result in treatment at a
medical facility;
(iii) the number of deaths related to
a fire; and
(iv) the value of property damage
caused by a fire;
(B) a description of each on-campus student
housing facility fire safety system, including
the fire sprinkler system;
(C) the number of regular mandatory
supervised fire drills;
(D) policies or rules on portable electrical
appliances, smoking, and open flames (such as
candles), procedures for evacuation, and
policies regarding fire safety education and
training programs provided to students,
faculty, and staff; and
(E) plans for future improvements in fire
safety, if determined necessary by such
institution.
(2) Report to the secretary.--Each eligible
institution participating in any program under this
title shall, on an annual basis submit to the Secretary
a copy of the statistics required to be made available
under subparagraph (A).
(3) Current information to campus community.--Each
institution participating in any program under this
title shall--
(A) make, keep, and maintain a log, recording
all fires in on-campus student housing
facilities, including the nature, date, time,
and general location of each fire; and
(B) make annual reports to the campus
community on such fires.
(4) Responsibilities of the secretary.--The Secretary
shall--
(A) make such statistics submitted to the
Secretary available to the public; and
(B) in coordination with nationally
recognized fire organizations and
representatives of institutions of higher
education, representatives of associations of
institutions of higher education, and other
organizations that represent and house a
significant number of students--
(i) identify exemplary fire safety
policies, procedures, programs, and
practices;
(ii) disseminate information to the
Administrator of the United States Fire
Administration;
(iii) make available to the public
information concerning those policies,
procedures, programs, and practices
that have proven effective in the
reduction of fires; and
(iv) develop a protocol for
institutions to review the status of
their fire safety systems.
(5) Rules of construction.--Nothing in this
subsection shall be construed to--
(A) authorize the Secretary to require
particular policies, procedures, programs, or
practices by institutions of higher education
with respect to fire safety, other than with
respect to the collection, reporting, and
dissemination of information required by this
subsection;
(B) affect the Family Educational Rights and
Privacy Act of 1974 or the regulations issued
under section 264 of the Health Insurance
Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
(C) create a cause of action against any
institution of higher education or any employee
of such an institution for any civil liability;
and
(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.
* * * * * * *
SEC. 485B. [20 U.S.C. 1092B] NATIONAL STUDENT LOAN DATA SYSTEM.
(a) Development of the System.--* * *
(1) * * *
* * * * * * *
(5) the exact amount of loans partially or totally
canceled or in deferment for service under the Peace
Corps Act (22 U.S.C. 2501 et seq.)), for service under
the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4951 et seq.), and for comparable full-time service as
a volunteer for a tax-exempt organization of
demonstrated [effectiveness.] effectiveness;
[(5)] (6) the eligible institution in which the
student was enrolled or accepted for enrollment at the
time the loan was made, and any additional institutions
attended by the borrower;
[(6)] (7) * * *
[(7)] (8) * * *
[(8)] (9) * * *
[(9)] (10) * * *
[(10)] (11) * * *
(b) * * *
* * * * * * *
(c) Verification.--* * *
(d) Princples 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
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.
[(d) Report to Congress.--The Secretary shall prepare and
submit to the appropriate committees of the Congress, in each
fiscal year, a report describing the results obtained by the
establishment and operation of the student loan data system
authorized by this section.]
(e) Reports to Congress.--
(1) Annual report.--Not later than September 30 of
each fiscal year, the Secretary shall prepare and
submit to the appropriate committees of Congress a
report describing--
(A) the results obtained by the establishment
and operation of the National Student Loan Data
System authorized by this section;
(B) the effectiveness of existing privacy
safeguards in protecting student and parent
information in the data system;
(C) the success of any new authorization
protocols in more effectively preventing abuse
of the data system;
(D) the ability of the Secretary to monitor
how the system is being used, relative to the
intended purposes of the data system; and
(E) 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 3
years after the date of enactment of the Higher
Education Amendments of 2007, the Secretary
shall prepare and submit a report on the
findings of the study to the appropriate
committees of Congress.
[(e)](f) Standardization of Data Reporting.--
(1) In general.-- * * *
* * * * * * *
[(f)] (g) Common Identifiers.-- * * *
* * * * * * *
[(g)] (h) Integration of Databases.-- * * *
* * * * * * *
SEC. 485D. [20 U.S.C. 1092E] COLLEGE ACCESS INITIATIVE.
(a) State-by-State Information.-- * * *
* * * * * * *
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, middle 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
subsections (b) and (c).
(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 food stamp program under the
Food Stamp Act of 1977 (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
as the Secretary determines necessary.
(2) Middle school students.--The Secretary, in
cooperation with States, institutions of higher
education, other organizations involved in college
access and student financial aid, middle schools, and
programs under this title that serve middle school
students, shall make special efforts to notify students
and their parents of the availability of financial aid
under this title and, in accordance with subsection
(c), shall provide nonbinding estimates 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 as accurate as possible and that such
information is provided in an age-appropriate format
using dissemination mechanisms suitable for students in
middle school.
(3) 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 parents, 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, in accordance with
subsection (c), 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.
(4) 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, in accordance with subsection
(c), 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.
(5) Public awareness campaign.--Not later than 2
years after the date of enactment of the Higher
Education Amendments of 2007, the Secretary, in
coordination with States, institutions of higher
education, early intervention and outreach programs
under this title, other agencies and organizations
involved in student financial aid, 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 (4).
(c) Availability of Nonbinding Estimates of Federal
Financial Aid Eligibility.--
(1) In general.--The Secretary, in cooperation with
States, institutions of higher education, and other
agencies and organizations involved in student
financial aid, shall provide, via a printed form and
the Internet or other electronic means, the capability
for individuals to determine easily, by entering
relevant data, nonbinding estimates of amounts of grant
and loan aid an individual may be eligible for under
this title upon completion and processing of an
application and enrollment in an institution of higher
education.
(2) Data elements.--The Secretary, in cooperation
with States, institutions of higher education, and
other agencies and organizations involved in student
financial aid, shall determine the data elements that
are necessary to create a simplified form that
individuals can use to obtain easily nonbinding
estimates of the amounts of grant and loan aid an
individual may be eligible for under this title.
(3) Qualification to use simplified application.--The
capability provided under this paragraph shall include
the capability to determine whether the individual is
eligible to submit a simplified application form under
paragraph (2)(B) or (3)(B) of section 483(a).
* * * * * * *
SEC. 486. [20 U.S.C. 1093] DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
(a) Purpose.--* * *
* * * * * * *
(e) Notification.--The Secretary shall make available to
the public and to the [Committee on Labor and Human Resources
of the Senate and the Committee on Education and the Workforce
of the House of Representatives] authorizing committees a list
of institutions, systems or consortia selected to participate
in the demonstration program authorized by this section. Such
notice shall include a listing of the specific statutory and
regulatory requirements being waived for each institution,
system or sonsortium and a description of the distance
education courses to be offered.
(f) Evaluations and reports.--
(1) Evaluation.--* * *
* * * * * * *
(3) Reports.--
(A) In general.--Within 18 months of the
initiation of demonstration program, the
Secretary shall report to the [Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives] authorizing
committees with respect to--
* * * * * * *
(B) Additional Reports.--The Secretary shall
provide additional reports on the [Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives] authorizing
committees on an annual basis regarding--
* * * * * * *
SEC. 487. [20 U.S.C. 1094] PROGRAM PARTICIPATION AGREEMENTS.
(a) Required for Programs of Assistance; Contents.--* * *
(1) * * *
* * * * * * *
(20) * * *
(21) Code of conduct.--
(A) In general.--The institution will
establish, follow, and enforce a code of
conduct regarding student loans that includes
not less than the following:
(i) Revenue sharing prohibition.--The
institution is prohibited from
receiving anything of value from any
lender in exchange for any advantage
sought by the lender to make
educational loans to a student
enrolled, or who is expected to be
enrolled, at the institution, except
that an institution shall not be
prohibited from receiving a
philanthropic contribution from a
lender if the contribution is not made
in exchange for any such advantage.
(ii) Gift and trip prohibition.--Any
employee who is employed in the
financial aid office of the
institution, or who otherwise has
responsibilities with respect to
educational loans or other financial
aid of the institution, is prohibited
from taking from any lender any gift or
trip worth more than nominal value,
except for reasonable expenses for
professional development that will
improve the efficiency and
effectiveness of programs under this
title and for domestic travel to such
professional development.
(iii) Contracting arrangements.--Any
employee who is employed in the
financial aid office of the
institution, or who otherwise has
responsibilities with respect to
educational loans or other financial
aid of the institution, shall be
prohibited from entering into any type
of consulting arrangement or other
contract to provide services to a
lender.
(iv) Advisory Board Compensation.--
Any employee who is employed in the
financial aid office of the
institution, or who otherwise has
responsibilities with respect to
educational 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 shall be
prohibited 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.
(v) Interaction with borrowers.--The
institution will not--
(I) for any first-time
borrower, assign, through award
packaging or other methods, the
borrower's loan to a particular
lender; and
(II) refuse to certify, or,
delay certification of; any
loan in accordance with
paragraph (6) based on the
borrower's selection of a
particular lender or guaranty
agency.
(B) Designation.--The institution will
designate an individual who shall be
responsible for signing an annual attestation
on behalf of the institution that the
institution agrees to, and is in compliance
with, the requirements of the code of conduct
described in this paragraph. Such individual
shall be the chief executive officer; chief
operating officer; chief financial officer, or
comparable official, of the institution, and
shall annually submit the signed attestation to
the Secretary.
(C) Availability.--The institution will make
the code of conduct widely available to the
institution's faculty members, students, and
parents through a variety of means, including
the institution's website.
[(21)](22)* * *
[(22)](23)* * *
[(23)](24)(A)* * *
* * * * * * *
(C) * * *
(D) In the case of a proprietary institution of
higher education as defined in section 102(b), the
institution shall be considered in compliance with the
requirements of subparagraph (A) for any 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
solely to voter registration.
(25) In the case of a proprietary institution of
higher education as defined in section 102(b), the
institution will, as calculated in accordance with
subsection (h)(1), have not less than 10 percent of its
revenues from sources other than funds provided under
this title, or will be subject to the sanctions
described in subsection (h)(2).
(26) Preferred lender lists.
(A) In general.--In the case of an institution
(including an employee or agent of an institution) that
maintains a preferred lender list, in print or any
other medium, through which the institution recommends
one or more specific lenders for loans made under part
B to the students attending the institution (or the
parents of such students), the institution will--
(i) clearly and fully disclose on the
preferred lender list--
(I) why the institution has
included each lender as a
preferred lender, especially
with respect to terms and
conditions favorable to the
borrower; and
(II) that the students
attending the institution (or
the parents of such, students)
do not have to borrow from a
lender on the preferred lender
list;
(ii) ensure, through the use of the
list provided by the Secretary under
subparagraph (C), that--
(I) there are not less than 3
lenders named on the preferred
lending list that are not
affiliates of each other; and
(II) the preferred lender
list--
(aa) specifically
indicates, for each
lender on the list,
whether the lender is
or is not an affiliate
of each other lender on
the list; and
(bb) if the lender is
an affiliate of another
lender on the list,
describes the specifics
of such affiliation;
and
(iii) establish a process to ensure
that lenders are placed upon the
preferred lender list on the basis of
the benefits provided to borrowers,
including--
(I) highly competitive
interest rates, teens, or
conditions for loans made under
part B;
(II) high-quality customer
service for such loans; or
(III) additional benefits
beyond the standard terms and
conditions for such loans.
(B) Definition of affiliate; control.--
(i) Definition of affiliate.--For the
purposes of subparagraph (A)(ii) the
term ``affiliate'' means a person that
controls, is controlled by, or is under
common control with, another person.
(ii) Control.--For purposes of
subparagraph (A)(ii), a person has
control over another person if--
(I) the person directly or
indirectly, or acting through 1
or more others, owns, controls,
or has the power to vote 5
percent or more of any class of
voting securities of such other
person;
(II) the person controls, in
any manner, the election of a
majority of the directors or
trustees of such other person;
or
(III) the Secretary
determines (after notice and
opportunity for a hearing) that
the person directly or
indirectly exercises a
controlling interest over the
management or policies of such
other person.
(C) List of lender affiliates.--The
Secretary, in consultation with the director of
the Federal Deposit Insurance corporation,
shall maintain and update a list of lender
affiliates of all eligible lenders, and shall
provide such list to the eligible institutions
for use in carrying out subparagraph (A).
* * * * * * *
(c) Audits; Financial Responsibility; Enforcement of
Standards.--(1) Notwithstanding any other provisions of this
title, the Secretary shall prescribe such regulations as may be
necessary to provide for--
(A)(i) except as provided in clauses (ii) and (iii),
a financial audit of an eligible institution with
regard to the financial condition of the institution in
its entirety, and a compliance audit of such
institution with regard to any funds obtained by it
under this title or obtained from a student or a parent
who has a loan insured or guaranteed by the Secretary
under this title, on at least an annual basis and
covering the period since the most recent audit,
conducted by a qualified, independent organization or
person in accordance with standards established by the
Comptroller General for the audit of governmental
organizations, programs, and functions, and as
prescribed in regulations of the Secretary, the results
of which shall be submitted to the Secretary and shall
be available to cognizant guaranty agencies, eligible
lenders, State agencies, and the appropriate State
agency notifying the Secretary under subpart 1 of part
H, except that the Secretary may modify the
requirements of this clause with regard to an
institution outside the United States;
* * * * * * *
(d) 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.
(e) Violation of Code of Conduct Regarding student Loans.--
(1) In general.--Upon a finding by the Secretary,
after reasonable notice and an opportunity for a
hearing, that an institution of higher education that
has entered into a program participation agreement with
the Secretary under subsection (a) willfully
contravened the institution's attestation of compliance
with the provisions of subsection (a)(21), the
Secretary may impose a penalty described in paragraph
(2).
(2) Penalties.--A violation of paragraph (1) shall
result in the limitation, suspension, or termination of
the eligibility of the institution for the loan
programs under this title.
[(d)](f) Definition of Eligible Institution.--
[(e)](g) Construction.--* * *
(h) Implementation of Nontitle IV Revenue Requirement.
(1) Calculation. In carrying out subsection (a)(27),
a proprietary institution of higher education (as
defined in section 102(b)) shall use the cash basis of
accounting and count the following funds as from
sources of funds other than funds provided under this
title:
(A) Funds used by students from sources other
than funds received under this title to pay
tuition, fees, and other institutional charges
to the institution, provided the institution
can reasonably demonstrate that such funds were
used for such purposes.
(B) Funds used by the institution to satisfy
matching fund requirements for programs under
this title.
(C) 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.
(D) Funds paid by a student, or on behalf of
a student by a party other than the
institution, to the institution for an
education or training program that is not
eligible for funds under this title, provided
that the program is approved or licensed by the
appropriate State agency or an accrediting
agency recognized by the Secretary.
(E) Funds generated by the institution from
institutional activities 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.
(F) Institutional aid, as follows:
(i) In the case of loans made by the
institution, only the amount of loan
repayments received by the institution
during the fiscal year for which the
determination is made.
(ii) In the case of scholarships
provided by the institution, only those
scholarship funds provided by the
institution that are--
(I) in the form of monetary
aid based upon the academic
achievements or financial need
of students; and
(II) disbursed during the
fiscal year for which the
determination is made from an
established restricted account
and only to the extent that the
funds in that account represent
designated funds from an
outside source or income earned
on those funds.
(iii) In the case of tuition
discounts, only those tuition discounts
based upon the academic achievement or
financial need of students.
(2) Sanctions.--
(A) Failure to meet requirement for 1 year.--
In addition to such other means of enforcing
the requirements of this title as may be
available to the Secretary, if an institution
fails to meet the requirements of subsection
(a)(27) in any year, the Secretary may impose 1
or both of the following sanctions on the
institution:
(i) Place the institution on
provisional certification in accordance
with section 498(h) until the
institution demonstrates, to the
satisfaction of the Secretary, that it
is in compliance with subsection
(a)(27).
(ii) Require such other increased
monitoring and reporting requirements
as the Secretary determines necessary
until the institution demonstrates, to
the satisfaction of the Secretary, that
it is in compliance with subsection
(a)(27).
(B) Failure to meet requirement for 2
years.--An institution that fails to meet the
requirements of subsection (a)(27) for 2
consecutive years shall be ineligible to
participate in the programs authorized under
this title until the institution demonstrates,
to the satisfaction of the Secretary, that it
is in compliance with subsection (a)(27).
(3) Public availability of information.--The
Secretary shall make publicly available, through the
means described in subsection (b) of section 131, any
institution that fails to meet the requirements of
subsection (a)(27) in any year as an institution that
is failing to meet the minimum non-Federal source of
revenue requirements of such subsection (a)(27).
* * * * * * *
SEC. 487A. [20 U.S.C. 1094A] REGULATORY RELIEF AND IMPROVEMENT.
(a) Quality Assurance Program.--
(1) In general.--* * *
* * * * * * *
(5) Review and evaluation.--The Secretary shall
review and evaluate the Quality Assurance Program
conducted by each participating institution and, on the
basis of that evaluation, make recommendations
regarding amendments to this Act that will streamline
the administration and enhance the integrity of Federal
student assistance programs. Such recommendations shall
be submitted to the [Committee on Labor and Human
Resources of the Senate and the Committee on Education
and the Workforce of the House of
Representatives]authorizing committees.
(b) Regulatory Improvement and Streamlining Experiments.--
(1) In general.--The Secretary may Continue any
experimental sites in existence on the date of
enactment of the Higher Education Amendments of
[1998]2007. Any activities approved by the Secretary
prior to such date that are inconsistent with this
section shall be discontinued not later than June 30,
[1999]2008.
[(2) Report.--The Secretary shall review and evaluate
the experience of institutions participating as
experimental sites during the period of 1993 through
1998 under this section (as such section was in effect
on the day before the date of enactment of the Higher
Education Amendments of 1998), and shall submit a
report based on this review and evaluation to the
Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives not later than 6 months after
the enactment of the Higher Education Amendments of
1998. Such report shall include--]
(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--
(A) * * *
* * * * * * *
(3) Selection.--
(A) In general.--[Upon the submission of the
report required by paragraph (2), the] The
Secretary is authorized to periodically select
a limited number of additional institutions for
voluntary participation as experimental sites
to provide recommendations to the Secretary on
the impact and effectiveness of proposed
regulations or new management initiatives.
(B) Consultation.--Prior to approving any
additional experimental sites, the Secretary
shall consult with the Committee on Labor and
Human Resources of the Senate and the Committee
on Education and the Workforce of the House of
Representatives and shall provide to such
Committees--
[(i) a list of institutions proposed
for participation in the experiment and
the specific statutory or regulatory
waivers proposed to be granted to each
institution;
[(ii) a statement of the objectives
to be achieved through the experiment;
and
[(iii) an identification of the
period of time over which the
experiment is to be conducted.]
[(C)](B) Waivers.--The Secretary is
authorized to waive, for any institution
participating as an experimental site under
subparagraph (A), any requirements in this
title, 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, or regulations prescribed
under this title, that will bias the results of
the experiment, except that the Secretary shall
not waive any provisions with respect award
rules (other than an award rule related to an
experiment in modular or compressed schedules)
grant and loan maximum award amounts, and need
analysis requirements unless the waiver of such
provisions is authorized by another provision
under this title.
* * * * * * *
SEC. 488. [20 U.S.C. 1095] TRANSFER OF ALLOTMENTS.
In order to offer an arrangement of types of aid including
institutional and State aid which best fits the needs of each
individual student, an institution may (1) transfer a total of
25 percent of the institution's allotment under section 462 to
the institution's allotment under section 413D or 442 (or
both); [and] (2) transfer 25 percent of the institution's
allotment under section 442 to the institution's allotment
under section [413D.] 413D; and (3) transfer 25 percent of the
institution's allotment under section 413D to the institution's
allotment under section 442. Funds transferred to an
institution's allotment under another section may be used as a
part of and for the same purposes as funds allotted under that
section. The Secretary shall have no control over such
transfer, except as specifically authorized, except for the
collection and dissemination of information.
* * * * * * *
SEC. 489. [20 U.S.C. 1096] ADMINISTRATIVE EXPENSES.
(a) Amount of Payments.--* * *
(b) Purpose of Payments.--
(1) The sums paid to institutions under this part are
for the sole purpose of [offsetting the administrative
costs of] administering the programs described in
subsection (a).
(2) * * *
* * * * * * *
SEC. 491. [20 U.S.C. 1098] ADVISORY COMMITTEE ON STUDENT FINANCIAL
ASSISTANCE.
(a) Establishment and Purpose.--
(1) * * *
(2) * * *
(A) * * *
(B) to provide technical expertise with
regard to systems of needs analysis and
application forms; [and]
(C) to make recommendations that will result
in the maintenance of access to postsecondary
education for low- and middle-income
students[.] ;
(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; and
(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.
(b) * * *
(c) Membership.--
(1) The Advisory Committee shall have 11 members of
which--
(A) * * *
* * * * * * *
(2) * * *
(3) The appointment of a member under subparagraph
(A) or (B) of paragraph (1) shall be effective upon
confirmation of the member by the Senate and
publication of such appointment in the Congressional
Record.
(d) Functions of the Committee.--The Advisory Committee
shall--
(1) * * *
* * * * * * *
(6) recommend to the Congress and to the Secretary
such studies, surveys, and analyses of student
financial assistance programs, policies, and practices,
including the special needs of low-income,
disadvantaged, and nontraditional students, and the
means by which the needs may be me[, but nothing in
this section shall authorize the committee to perform
such studies, surveys, or analyses];
* * * * * * *
(j) Special Analyses and Activities.--The Advisory
Committee shall--
(1) monitor and evaluate the modernization and
simplification of student financial aid systems and
delivery processes, [including the implementation of a
performance-based organization within the Department,]
and report to Congress regarding such modernization and
simplification on not less than an annual basis,
including recommendations for improvement;
* * * * * * *
[(4) assess the implications of distance education on
student eligibility and other requirements for
financial assistance under this title, and make
recommendations that will enhance access to
postsecondary education through distance education
while maintaining access, through on-campus instruction
at eligible institutions, and program integrity; and
[(5) make recommendations to the Secretary regarding
redundant or outdated provisions of and regulations
under this Act, consistent with the Secretary's
requirements under section 498B.]
(4) conduct a review and analysis of regulations in
accordance with subsection (l); and
(5) conduct a study in accordance with subsection
(m).
(k) Term of the Committee.--Notwithstanding the sunset and
charter provisions of the Federal Advisory Committee Act (5
U.S.C. App. I) or any other statute or regulation, the Advisory
Committee shall be authorized until October 1, [2004] 2013.
(l) Review and Analysis of Regulations.--
(1) Recommendations.--The Advisory Committee shall
make recommendations to the Secretary and Congress for
consideration of future legislative action regarding
redundant or outdated regulations under this title,
consistent with the Secretary's requirements under
section 498B.
(2) Review and analysis of regulations.--The Advisory
Committee shall conduct a review and analysis of the
regulations issued under this title that are in effect
at the time of the review and that apply to the
operations or activities of participants in the
programs assisted under this title. 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 2 most recent award years
prior to the date of enactment of the Higher Education
Amendments of 2007 less $200,000 in funds through this
title, may be improved, streamlined, or eliminated.
(3) Consultation.--
(A) In general.--In carrying out the review
and analysis under paragraph (2), the Advisory
Committee shall consult with the Secretary,
relevant representatives of institutions of
higher education, and individuals who have
expertise and experience with the regulations
issued under this title, in accordance with
subparagraph (B).
(B) Review panels.--The Advisory Committee
shall convene not less than 2 review panels of
representatives of the groups involved in
student financial assistance programs under
this title who have experience and expertise in
the regulations issued under this title to
review the regulations under this title, 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
assist programs.
(4) Reports to congress.--The Advisory Committee
shall submit, not later than 2 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
Amendments of 2007, a report to the authorizing
committees and the Secretary detailing the expert
panels' findings and recommendations with respect to
the review and analysis under paragraph (2).
(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 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 2-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) Congressional consultation.--The Advisory
Committee shall consult on a regular basis with
the authorizing committees in carrying out the
study required by this section.
(5) Reports to congress.--
(A) Interim report.--The Advisory Committee
shall prepare and submit to the authorizing
committees and the Secretary an interim report,
not later than 1 year after the date of
enactment of the Higher Education Amendments of
2007, describing the progress that has been
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 3 years after the date of
enactment of the Higher Education Amendments of
2007, 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).
SEC. 492. [20 U.S.C. 1098A] REGIONAL MEETINGS AND NEGOTIATED
RULEMAKING.
(a) MEETINGS.--
(1) In general.--The Secretary shall obtain public
involvement in the development of proposed regulations
for this title. The Secretary shall obtain the advice
of and recommendations from individuals and
representatives of the groups involved in student
financial assistance programs under this title, such as
students, legal assistance organizations that represent
students, institutions of higher education, State
student grant agencies, guaranty agencies, lenders,
secondary markets, loan servicers, guaranty agency
servicers, and collection agencies.
* * * * * * *
SEC. [493B]493A. [20 U.S.C. 1098D] PROCEDURES FOR CANCELLATIONS AND
DEFERMENTS FOR ELIGIBLE DISABLED VETERANS.
* * * * * * *
SEC. 496. [20 U.S.C. 1099B] RECOGNITION OF ACCREDITING AGENCY OR
ASSOCIATION.
(a) Criteria Required.-- * * *
(1) * * *
* * * * * * *
[(4) such agency or association consistently applies
and enforces standards that ensure that the courses or
programs of instruction, training, or study offered by
the institution of higher education, including distance
education 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;]
(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 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, such agency or association shall, in
addition to meeting the other requirements of
this subpart, demonstrate to the Secretary
that--
(i) the agency or association's
standards effectively address the
quality of an institution's distance
education in the areas identified in
section 496(a)(5), except that the
agency or association shall not be
required to have separate standards,
procedures or policies for the
evaluation of distance education
institutions or programs in order to
meet the requirements of this
subparagraph; and
(ii) the agency or association
requires an institution that offers
distance education to have processes
through which the institution
establishes that the student who
registers in a distance education
course or program is the same student
who participates in and completes the
program and receives the academic
credit;
(5) the standards for accreditation of the agency or
association assess the institution's--
[(A) success with respect to student
achievement in relation to the institution's
mission, including, as appropriate,
consideration of course completion, State
licensing examinations, and job placement
rates;]
(A) success with respect to student
achievement in relation to the institution's
mission, which may include different standards
for different institutions or programs, through
the determination of expected levels of student
achievement that are established by the
institution, and which use, as appropriate,
empirical evidence and external indicators with
respect to criteria regarding--
(i) student retention rates;
(ii) course completion rates;
(iii) program completion and
graduation rates;
(iv) for prebaccalaureate career and
technical education programs, degree
programs leading to initial
professional licensure or
certification, and other programs as
appropriate--
(I) results on State
licensing examinations; and
(II) job placement rates;
(v) as appropriate, enrollment in
graduate or professional programs; and
(vi) as appropriate, other student
performance information selected by the
institution, particularly information--
(I) used by the institution
to evaluate or strengthen the
institution's programs; and
(II) that reflects the
institution's individual
mission and the institution's
distinctive goals for students;
* * * * * * *
[(6) such agency or association shall apply
procedures throughout the accrediting process,
including evaluation and withdrawal proceedings, that
comply with due process, including--
[(A) adequate specification of requirements
and deficiencies at the institution of higher
education or program being examined;
[(B) notice of an opportunity for a hearing
by any such institution;
[(C) the right to appeal any adverse action
against any such institution; and
[(D) the right to representation by counsel
for any such institution;]
(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 for--
(A) adequate specification of requirements
and deficiencies at the institution of higher
education or program examined;
(B) an opportunity for a written response by
any such institution to be included, prior to
final action, in the evaluation and withdrawal
proceedings;
(C) upon the written request of an
institution, an opportunity for the institution
to appeal any adverse action, including denial,
withdrawal, suspension, or termination of
accreditation, or placement on probation of an
institution, at a hearing prior to such action
becoming final, before an appeals panel that--
(i) shall not include current members
of the agency or association's
underlying decision-making body that
made the adverse decision; and
(ii) is subject to a conflict of
interest policy; and
(D) the right to representation by counsel
for such an institution during an appeal of the
adverse action;
* * * * * * *
[(8) such agency or association shall make available
to the public, upon request, and to the Secretary, and
the State licensing or authorizing agency a summary of
any review resulting in a final accrediting decision
involving denial, termination, or suspension of
accreditation, together with the comments of the
affected institution.]
(8) such agency or association shall make available
to the public and the State licensing or authorizinq
agency, and submit to the Secretary, a summary of
agency or association actions, including--
(A) the award of accreditation or
reaccreditation of an institution;
(B) final denial, withdrawal, suspension, or
termination of accreditation, or placement on
probation 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.
* * * * * * *
(c) Operating Procedures Required.-- * * *
(1) performs, at regularly established intervals, on-
site inspections and reviews of institutions of higher
education (which may include unannounced site visits)
with particular focus on educational quality and
program effectiveness, and ensures that accreditation
team members are well-trained and knowledgeable with
respect to their responsibilities, including those
regarding distance education;
(2) ensures that the agency or association's on-site
evaluation for accreditation or reaccreditation
includes review of the Federally required information
the institution or program provides its current and
prospective students;
(3) monitors the growth of programs at institutions
that are experiencing significant enrollment growth;
(4) requires an institution to submit a teach-out
plan for approval to the accrediting agency upon the
occurrence of any of the following events:
(A) The Department notifies the accrediting
agency of an action against the institution
pursuant to section 487(d).
(B) The accrediting agency acts to withdraw,
terminate, or suspend the accreditation of an
institution.
(C) The institution notifies the accrediting
agency that the institution intends to cease
operations.
[(2)](5) * * *
[(3)](6) * * *
[(4)](7) * * *
[(5)](8) maintains and makes publicly available
written materials regarding standards and procedures
for accreditation, appeal procedures, and the
accreditation status of each institution subject to its
jurisdiction; [and]
[(6)](9) discloses publicly whenever an institution
of higher education subject to its jurisdiction is
being considered for accreditation or
reaccreditation[.]; and
(10) confirms, as a part of the agency or
association's review for accreditation or
reaccreditation, that the institution has transfer of
credit policies--
(A) that are publicly disclosed; and
(B) that include a statement of whether the
institution denies a transfer of credit based
solely on the accreditation of the sending
institution.
* * * * * * *
(g) Limitation on Scope of Criteria.--Nothing in this Act
shall be construed to permit the Secretary to establish
criteria for accrediting agencies or associations that are not
required by this section. Nothing in this Act shall be
construed to prohibit or limit any accrediting agency or
association from adopting additional standards not provided for
in this section. 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.
* * * * * * *
SEC. 498. [20 U.S.C. 1099C] ELIGIBILITY AND CERTIFICATION PROCEDURES.
(a) General Requirement.--* * *
* * * * * * *
(d) Administrative Capacity Standard.--The Secretary is
authorized--
(1) * * *
(A) * * *
(B) maintenance of records; and
* * * * * * *
(j) Treatment of Branches.--
(1) * * *
* * * * * * *
(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, 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. 498A. [20 U.S.C. 1099C-1] PROGRAM REVIEW AND DATA.
(a) General Authority.--* * *
* * * * * * *
(b) Special Administrative Rules.--* * *
(1) * * *
* * * * * * *
(4) base any civil penalty assessed against an
institution of higher education resulting from a
program review or audit on the gravity of the
violation, failure, or misrepresentation; [and]
(5) inform the appropriate State and accrediting
agency or association whenever the Secretary takes
action against an institution of higher education under
this section, section 498, or section 432[.];
(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. 498B. [20 U.S.C. 1099C-2] REVIEW OF REGULATIONS.
(a) Review Required.--* * *
* * * * * * *
(d) Reports to Congress.--
(1) In general.--The Secretary shall submit not later
than 1 year after the date of the enactment of the
Higher Education Amendments of 1998, a report to the
[Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives]authorizing committees
detailing the Secretary's findings and recommendations
based on the reviews conducted under subsections (a)
and (b), including a timetable for implementation of
any recommended changes in regulations and a
description of any recommendations for legislative
changes.
(2) Additional reports.--Not later than January 1,
2003, the Secretary shall submit a report to the
[Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives]authorizing committees
detailing the Secretary's findings and recommendations
based on the review conducted under subsection (a),
including a timetable for implementation of any
recommended changes in regulations and a description of
any recommendations for legislative changes.
* * * * * * *
SEC. 499A. ACCESS TO TIMELY INFORMATION ABOUT LOANS.
(a) Regular Bill Providing Pertinent Information About a
Loan.--A lender of a loan made, insured, or guaranteed under
this title shall provide the borrower of such loan a bill each
month or, in the case of a loan payable less frequently than
monthly, a bill that corresponds to each payment installment
time period, including a clear and conspicuous notice of--
(1) the borrower's principal borrowed;
(2) the borrower's current balance;
(3) the interest rate on such loan;
(4) the amount the borrower has paid in interest;
(5) the amount of additional interest payments the
borrower is expected to pay over the life of the loan;
(6) the total 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,
in a brief, borrower-friendly manner;
(7) a description of each fee the borrower has been
charged for the current payment period;
(8) the date by which the borrower needs to make a
payment in order to avoid additional fees;
(9) the amount of such payment that will be applied
to the interest, the balance, and any fees on the loan;
and
(10) the lender's address and toll-free phone number
for payment and billing error purposes.
(b) Information Provided Before Commencement of
Repayment.--A lender of a loan made, insured, or guaranteed
under this title shall provide to the borrower of such loan, at
least one month before the loan enters repayment, a clear and
conspicuous notice of not less than the following information:
(1) The borrower's options, including repayment
plans, deferments, forbearances, and discharge options
to which the borrower may be entitled.
(2) The conditions under which a borrower may be
charged any fee, and the amount of such fee.
(3) The conditions under which a loan may default,
and the consequences of default.
(4) Resources, including nonprofit organizations,
advocates, and counselors (including the Office of the
Ombudsman at the Department), where borrowers can
receive advice and assistance, if such resources exist.
(c) Information Provided During Delinquency.--In addition
to any other information required under law, a lender of a loan
made, insured, or guaranteed under this title shall provide a
borrower in delinquency with a clear and conspicuous notice of
the date on which the loan will default if no payment is made,
the minimum payment that must be made to avoid default,
discharge options to which the borrower may be entitled,
resources, including nonprofit organizations, advocates, and
counselors (including the Office of the Ombudsman at the
Department), where borrowers can receive advice and assistance,
if such resources exist.
(d) Information Provided During Default.--A lender of a
loan made, insured, or guaranteed under this title shall
provide a borrower in default, on not less than 2 separate
occasions, with a clear and conspicuous notice of not less than
the following information:
(1) The options available to the borrower to be
removed from default.
(2) The relevant fees and conditions associated with
each option.
* * * * * * *
TITLE V--DEVELOPING INSTITUTIONS
PART A--HISPANIC-SERVING INSTITUTIONS
SEC. 501. [20 U.S.C. 1101] FINDINGS; PURPOSE; AND PROGRAM AUTHORITY.
(a) Findings.--* * *
* * * * * * *
SEC. 503. [20 U.S.C. 1101B] AUTHORIZED ACTIVITIES.
(a) Types of Activities Authorized.--* * *
(b) Authorized Activities.--* * *
* * *
* * * * * * *
(5) Tutoring, counseling, and student service
programs designed to improve academic success,
including innovative, customized remedial education and
English language instruction courses designed to help
retain students and move the students rapidly into core
courses and through program completion.
(6) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.
(7) Articulation agreements and student support
programs designed to facilitate the transfer from 2-
year to 4-year institutions.
[(6)](8) * * *
[(7)](9) * * *
[(8)](10) * * *
[(9)](11) * * *
[(10)](12) Creating or improving facilities for
Internet or other [distance learning academic
instruction capabilities]distance education
technologies, including purchase or rental of
telecommunications technology equipment or services.
[(11)](13) * * *
[(12)](14) * * *
[(13)](15) * * *
[(14)](16) * * *
* * * * * * *
SEC. 505. [20 U.S.C. 1101D] SPECIAL RULE.
* * * * * * *
PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
SEC. 511. 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 512.
(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 degree
granting program.
SEC. 512. AUTHORIZED ACTIVITIES.
Grants awarded under this part shall be used for 1 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 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) Support for needy postbaccalaureate students,
including outreach, academic support services,
mentoring, scholarships, fellowships, and other
financial assistance, to permit the enrollment of such
students in postbaccalaureate certificate and degree
granting programs.
(5) Support of faculty exchanges, faculty
development, faculty research, curriculum development,
and academic instruction.
(6) Creating or improving facilities for Internet or
other distance 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
degree offerings.
(8) Other activities proposed in the application
submitted pursuant to section 513 that are approved by
the Secretary as part of the review and acceptance of
such application.
SEC. 513. 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 post-baccalaureate education
opportunities for Hispanic and low-income students and will
lead to such students' greater financial independence.
(b) Duration.--Grants under this part shall be awarded for
a period not to exceed 5 years.
(c) Limitation.--The Secretary may not award more than 1
grant under this part in any fiscal year to any Hispanic-
serving institution.
* * * * * * *
[PART B]PART C--GENERAL PROVISIONS
SEC. [511]521. [20 U.S.C. 1103] ELIGIBILITY; APPLICATIONS.
(a) Institutional eligibility.--* * *
(b) Applications.--
(1) Applications Required.--* * *
(A) the application meets the requirements of
[subsection (b)]subsection (c); and
* * * * * * *
SEC. [512]522. [20 U.S.C. 1103A] WAIVER AUTHORITY AND REPORTING
REQUIREMENT.
* * * * * * *
SEC. [513]523. [20 U.S.C. 1103B] APPLICATION REVIEW PROCESS.
* * * * * * *
SEC. [514]524. [20 U.S.C. 1103C] COOPERATIVE ARRANGEMENTS.
(a) General Authority.--The Secretary may make grants to
encourage cooperative arrangements with funds available to
carry out this title, between Hispanic-serving institutions
eligible for assistance under this title, and between such
institutions and institutions not receiving assistance under
this title, for the activities described in [section
503]sections 503 and 512 so that the resources of the
cooperating institutions might be combined and shared in order
to achieve the purposes of this title, to avoid costly
duplicative efforts, and to enhance the development of
Hispanic-serving institutions.
* * * * * * *
SEC. [515]525. [20 U.S.C. 1103D] ASSISTANCE TO INSTITUTIONS UNDER OTHER
PROGRAMS.
* * * * * * *
SEC. [516]526. [20 U.S.C. 1103E] LIMITATIONS.
* * * * * * *
SEC. [517]527. [20 U.S.C. 1103F] PENALTIES.
* * * * * * *
SEC. [518]528. [20 U.S.C. 1103G] AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Authorizations.--](a) Authorizations._
(1) Part A._There are authorized to be appropriated
to carry out part A of this title [$62,500,000 for
fiscal year 1999 and such sums as may be necessary for
each of the 4 succeeding fiscal years.]such sums as may
be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
(2) Part b--There are authorized to be appropriated
to carry out part B of this title such sums as may be
necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
* * * * * * *
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
SEC. 601. [20 U.S.C. 1121] FINDINGS [AND PURPOSES]; PURPOSES;
CONSULTATION; SURVEY.
(a) Findings.--Congress finds as follows:
(1) * * *
* * * * * * *
(3) Dramatic [post-Cold War] changes in the world's
geopolitical and economic landscapes are creating needs
for American expertise and knowledge about a greater
diversity of less commonly taught foreign languages and
nations of the world.
* * * * * * *
(b) Purposes.--The purposes of this part are--
(1)(A) * * *
* * * * * * *
(D) to promote access to research and training
overseas, including through linkages with overseas
institutions; and
* * * * * * *
(c) Consultation.--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. Such agencies shall provide information to the
Secretary regarding how the agencies utilize expertise and
resources provided by grantees under this title. The Secretary
shall take into account such recommendations and information
when requesting applications for funding under this title, and
shall 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
participated in programs under this title to determine
postgraduation placement. All grantees, where applicable, shall
administer such survey not less often than annually and report
such data to the Secretary.
* * * * * * *
SEC. 602. [20 U.S.C. 1122] GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA
CENTERS AND PROGRAMS.
(a) National Language and Area Centers and Programs
Authorized.--
(1) Centers and programs.--
(A) In general.--* * *
* * * * * * *
(2) Authorized activities.--* * *
(A) * * *
* * * * * * *
(G) summer institutes in the United States or
abroad designed to provide language and area
training in the center's field or topic; [and]
(H) support for faculty, staff, and student
travel in foreign areas, regions, or countries,
and for the development and support of
educational programs abroad for students[.];
and
(I) support for instructors of the less
commonly taught languages.
* * * * * * *
(4) Outreach grants and summer institutes.--* * *
(A) * * *
(B) * * *
(C) Programs of linkage or outreach between
or among--
(i) foreign language, area studies,
or other international fields; and
(ii) State educational agencies or
local educational agencies.
[(C)](D) Programs of linkage or outreach with
departments or agencies of Federal and State
governments, including Federal or State
scholarship programs for students in related
areas.
[(D)](E) * * *
[(E)](F) Summer institutes in foreign area,
foreign language, and other international
fields designed to carry out the programs of
linkage and outreach described in subparagraphs
(A), (B), (C), [and (D)](D), and (E).
(b) [Graduate] Fellowships for Foreign Language and Area or
International Studies.--
(1) In general.--* * *
[(2) Eligible students.--Students receiving stipends
described in paragraph (1) shall be individuals who are
engaged in an instructional program with stated
performance goals for functional foreign language use
or in a program developing such performance goals, in
combination with area studies, international studies,
or the international aspects of a professional studies
program, including predissertation level studies,
preparation for dissertation research, dissertation
research abroad, and dissertation writing.]
(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.
* * * * * * *
[(d) Allowances.--Stipends awarded to graduate level
recipients may include allowances for dependents and for travel
for research and study in the United States and abroad.]
(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 or combination of
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 application shall include 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.
Each 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. Each application shall also include a description of how
the applicant will encourage government service in areas of
national need, as identified by the Secretary, as well as in
needs in the education, business, and nonprofit sectors.
* * * * * * *
SEC. 604. [20 U.S.C. 1124] UNDERGRADUATE INTERNATIONAL STUDIES AND
FOREIGN LANGUAGE PROGRAMS.
(a) Incentives for the Creation of New Programs and the
Strengthening of Existing Programs in Undergraduate
International Studies and Foreign Language Programs.--
(1) Authority.--* * *
(2) Use of funds.--* * *
(A) * * *
* * * * * * *
(H) * * *
(I) providing subgrants to undergraduate
students for educational programs abroad that--
(i) are closely linked to the overall
goals of the program for which the
grant is awarded; and
(ii) have the purpose of promoting
foreign language fluency and knowledge
of foreign cultures;
[(I)](J) * * *
[(J)](K) * * *
[(K)](L) * * *
[(L)](M) * * *
* * * * * * *
[(M)](N) * * *
* * * * * * *
(7) Application.--* * *
(A) * * *
* * * * * * *
(C) an assurance that students at the
applicant institutions, as appropriate, will
have equal access to, and derive benefits from,
the program assisted under this subsection;
[and]
(D) an assurance that each institution,
combination or partnership will use the Federal
assistance provided under this subsection to
supplement and not supplant non-Federal funds
the institution expends for programs to improve
undergraduate instruction in international
studies and foreign language[.];
(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;
(G) a description of how the applicant will
address disputes regarding whether the
activities funded under the application reflect
diverse perspectives and a wide range of views;
and
(H) a description of how the applicant will
encourage service in areas of national need as
identified by the Secretary.
* * * * * * *
(c) [Funding Support.--The Secretary]Funding Support.--
(1) The secretary._The Secretary may use not more
than [10] 20 percent of the total amount appropriated
for this part for carrying out the purposes of this
section.
(2) Grantees.--Of the total amount of grant funds
awarded to a grantee under this section, the grantee
may use not more than 10 percent of such funds for the
activity described in subsection (a)(2)(I).
* * * * * * *
SEC. 605. [20 U.S.C. 1125] RESEARCH; STUDIES; ANNUAL REPORT.
(a) Authorized Activities.--* * *
(1) * * *
* * * * * * *
(8) studies and evaluations of effective practices in
the dissemination of international information,
materials, research, teaching strategies, and testing
techniques throughout the education community,
including elementary and secondary schools; [and]
(9) the application of performance tests and
standards across all areas of foreign language
instruction and classroom use[.];
(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;
(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. [20 U.S.C. 1126] TECHNOLOGICAL INNOVATION AND COOPERATION FOR
FOREIGN INFORMATION ACCESS.
(a) [Authority.--The Secretary] Authority._
(1) In general.--The Secretary is authorized to make
grants to institutions of higher education, public or
nonprofit private libraries, or consortia of such
institutions or libraries, to develop innovative
techniques or programs using [new electronic
technologies]electronic technologies to collect,
organize, preserve, and widely disseminate information
from foreign sources on world regions and countries
other than the United States that address our Nation's
teaching and research needs in international education
and foreign languages.
(2) Partnerships with not-for-profit educational
organizations.--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 consortium of an institution of higher
education and 1 or more of the following:
(i) Another institution of higher
education.
(ii) A library.
(iii) A not-for-profit educational
organization.
(b) Authorized Activities.--Grants under this section may
be used--
[to facilitate access to]to acquire, facilitate
access to, or preserve foreign information resources in
print or electronic forms;
(2) to develop new means of or standards for
immediate, full-text document delivery for information
and scholarship from abroad;
* * * * * * *
(6) to assist teachers of less commonly taught
languages in acquiring, via electronic and other means,
materials suitable for classroom use; [and]
(7) to promote collaborative technology based
projects in foreign languages, area studies, and
international studies among grant recipients under this
title[.];
(8) to establish linkages to facilitate carrying out
the activities described in this subsection between--
(A) the institutions of higher education,
libraries, and consortia receiving grants under
this section; and
(B) institutions of higher education, not-
for-profit educational organizations, and
libraries overseas; and
(9) to carry out other activities that the Secretary
determines are consistent with the purpose of the
grants or contracts awarded under this section.
(c) Application.--Each [institution or
consortium]institution of higher education, library, or
consortium 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 reasonably require.
* * * * * * *
SEC. 607. [20 U.S.C. 1127] SELECTION OF CERTAIN GRANT RECIPIENTS.
(a) Competitive Grants.--The Secretary shall award grants
under section 602 competitively on the basis of criteria that
separately, but not less rigorously, [evaluates the
applications for comprehensive and undergraduate language and
area centers and programs.]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.
(b) Selection Criteria.--The Secretary shall set criteria
for grants awarded under section 602 by which a determination
of excellence shall be made to meet the differing objectives of
graduate and undergraduate institutions. The Secretary shall
also consider an applicant's record of placing students into
service in areas of national need and an applicant's stated
efforts to increase the number of such students that go into
such service.
* * * * * * *
SEC. 609. [20 U.S.C. 1128A] AMERICAN OVERSEAS RESEARCH CENTERS.
(a) Centers Authorized.--* * *
* * * * * * *
(e) Application.--Each center 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.
* * * * * * *
SEC. 610. [20 U.S.C. 1128B] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part [$80,000,000 for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years.]such sums
as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
* * * * * * *
PART B--BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS
SEC. 611. [20 U.S.C. 1130] FINDINGS AND PURPOSES.
(a) Findings.--* * *
* * * * * * *
SEC. 612. [20 U.S.C. 1130-1] CENTERS FOR INTERNATIONAL BUSINESS
EDUCATION.
(a) Program Authorized.--
(1) In general.--* * *
* * * * * * *
(f) Grant Conditions.--* * *
(1) * * *
* * * * * * *
(3) assurance that the education and training
programs of the center will be open to students
concentrating in each of these respective areas, as
appropriate, and that diverse perspectives will be made
available to students in programs under this section;
and
SEC. 613. [20 U.S.C. 1130A] EDUCATION AND TRAINING PROGRAMS.
(a) Program Authorized.--* * *
* * * * * * *
(c) Applications.--No grant may be made and no contract may
be entered into under this section unless an institution of
higher education submits an application to the Secretary at
such time and in such manner as the Secretary may reasonably
require. Each such application shall be accompanied by a copy
of the agreement entered into by the institution of higher
education with a business enterprise, trade organization or
association engaged in international economic activity, or a
combination or consortium of such enterprises, organizations or
associations, for the purpose of establishing, developing,
improving or expanding activities eligible for assistance under
subsection (b) of this section. Each such application shall
contain assurances that the institution of higher education
will use the assistance provided under this section to
supplement and not to supplant activities conducted by
institutions of higher education described in subsection (b).
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.
* * * * * * *
SEC. 614. [20 U.S.C. 1130B] AUTHORIZATION OF APPROPRIATIONS.
(a) Centers for International Business Education.--There
are authorized to be appropriated [$11,000,000 for the fiscal
year 1999 and such sums as may be necessary for each of the 4
succeeding fiscal years]such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal years to
carry out the provisions of section 612.
(b) Education and Training Programs.--There are authorized
to be appropriated [$7,000,000 for fiscal year 1999, and such
sums as may be necessary for the 4 succeeding fiscal
years,]such sums as may be necessary for fiscal year 2008 and
each of the 5 succeeding fiscal years to carry out the
provisions of section 613.
* * * * * * *
PART C--INSTITUTE FOR INTERNATIONAL PUBLIC POLICY
SEC. 621. [20 U.S.C. 1131] MINORITY FOREIGN SERVICE PROFESSIONAL
DEVELOPMENT PROGRAM.
(a) Establishment.--* * *
* * * * * * *
(c) Application.--Each eligible recipient desiring a grant
under this section shall submit an application at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require. Each application shall
include a description of how the activities funded by the grant
will reflect diverse perspectives and a wide range of views on
world regions and international affairs, where applicable.
* * * * * * *
(e) [Match Required.--The eligible]Matching Funds._
(1) In general.--Subject to paragraph (2), the
eligible recipient of a grant under this section shall
contribute to the conduct of the program supported by
the grant an amount from non-Federal sources equal to
at least one-half the amount of the grant, which
contribution may be in cash or in kind.
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1) for an eligible recipient if the
Secretary determines such waiver is appropriate.
* * * * * * *
SEC. 622. [20 U.S.C. 1131-1] INSTITUTIONAL DEVELOPMENT.
(a) In General.--The Institute shall award grants, from
amounts available to the Institute for each fiscal year, to
historially Black colleges and universities, Hispanic-serving
institutions, [Tribally Controlled Colleges or Universities],
tribally controlled colleges or universities and minority
institutions, to enable such colleges, universities, and
institutions to strengthen [international affairs
programs.]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.
* * * * * * *
(c) Definitions.--In this section--
[(1) the term ``historically Black college and
university'' has the meaning given the term in section
322;]
[(2)](1) the term ``Hispanic-serving institution''
has the meaning given the term in section 502; and
[(3) the term ``Tribally Controlled College or
University'' has the meaning given the term in section
2 of the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801); and]
[(4)](2)the term ``minority institution'' has the
meaning given the term in section 365.
* * * * * * *
SEC. 623. [20 U.S.C. 1131A] STUDY ABROAD PROGRAM.
(a) Program Authority.--The Institute shall conduct, by
grant or contract, a junior year abroad program. The junior
year abroad program shall be open to eligible students at
institutions of higher education, including historically Black
colleges and universities [as defined in section 322 of this
Act], [tribally controlled Indian community colleges as defined
in the Tribally Controlled Community College Assistance Act of
1978], tribally controlled colleges or universities and other
institutions of higher education with significant minority
student populations. Eligible student expenses shall be shared
by the Institute and the institution at which the student is in
attendance. Each student may spend not more than 9 months
abroad in a program of academic study, as well as social,
familial and political interactions designed to foster an
understanding of and familiarity with the language, culture,
economics and governance of the host country.
* * * * * * *
SEC. 624. [20 U.S.C. 1131B] [MASTERS] ADVANCED DEGREE IN INTERNATIONAL
RELATIONS.
The Institute shall provide, in cooperation with the other
members participating in the eligible recipient consortium, a
program of study leading to a masters degree, and in
exceptional circumstances, a doctoral degree, in international
relations. The [masters degree]advanced degree program designed
by the consortia shall be reviewed and approved by the
Secretary. The Institute may grant fellowships in an amount not
to exceed the level of support comparable to that provided by
the National Science Foundation graduate fellowships, except
such amount shall be adjusted as necessary so as not to exceed
the fellow's demonstrated level of need according to
measurement of need approved by the Secretary. A fellowship
recipient shall agree to undertake full-time study and to enter
the international service (including work with private
international voluntary organizations) or foreign service of
the [United States] United States.
* * * * * * *
SEC. 625. [20 U.S.C. 1131C] INTERNSHIPS.
(a) In General.--The Institute shall enter into agreements
with historically Black colleges and universities [as defined
in section 322 of this Act], [tribally controlled Indian
community colleges as defined in the Tribally Controlled
Community College Assistance Act of 1978], tribally controlled
colleges or universities, other institutions of higher
education with significant numbers of minority students, and
institutions of higher education with programs in training
foreign service professionals, to provide academic year
internships during the junior and senior year and summer
internships following the sophomore and junior academic years,
by work placements with [an international] international
voluntary or government organizations or agencies, including
the Agency for International Development, [the United States
Information Agency] the Department of State, the International
Monetary Fund, the National Security Council, the Organization
of American States, the Export-Import Bank, the Overseas
Private Investment Corporation, the Department of State, Office
of the United States Trade Representative, the World Bank, and
the United Nations.
* * * * * * *
(c) Interagency Committee on Minority Careers in
Inernational Affairs.--
(1) Establishment.--* * *
(A) * * *
(E) the Director General of the Foreign
Service of the Department of State, or the
Director General's designee; and
(F) the General Counsel of the Agency for
International Development, or the General
Counsel's designee[; and].
[(G) the Associate Director for Educational
and Cultural Affairs of the United States
Information Agency, or the Associate Director's
designee.]
* * * * * * *
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 needy 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. [626].627 [20 U.S.C. 1131D] REPORT.
The Institute shall [annually]biennially prepare a report
on the activities of the Institute and shall submit such report
to the Secretary of Education and the Secretary of State.
SEC. [627].628 [20 U.S.C. 1131E] GIFTS AND DONATIONS.
The Institute is authorized to receive money and other
property donated, bequeathed, or devised to the Institute with
or without a condition of restriction, for the purpose of
providing financial support for the fellowships or underwriting
the cost of the Junior Year Abroad Program. All funds or
property given, devised, or bequeathed shall be retained in a
separate account, and an accounting of those funds and property
shall be included in the [annual report described in section
626]biennial report described in section 627.
SEC. [628].629 [20 U.S.C. 1131F] AUTHORIZATION.
There is authorized to be appropriated [$10,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years to carry out this part.]such sums
as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
PART D--GENERAL PROVISIONS
SEC. 631. [20 U.S.C. 1132] DEFINITIONS.
(a) Definitions.--As used in this title--
(1) * * *
[(5)](2) the term ``[comprehensive language and area
center]comprehensive foreign language and area or
international studies center'' means an administrative
unit of a university that contributes significantly to
the national interest in advanced research and
scholarship, employs a critical mass of scholars in
diverse disciplines related to a geographic
concentration, offers intensive language training in
languages of its area specialization, maintains
important library collections related to the area, and
makes training available in language and area studies
to a graduate, postgraduate, and undergraduate
clientele; and
[(9)](3) the term ``educational programs
abroad'' means programs of study, internships,
or service learning outside the United States
which are part of a foreign language or other
international curriculum at the undergraduate
or graduate education levels[.];
[(3)](4) the term ``export education'' means
educating, teaching and training to provide general
knowledge and specific skills pertinent to the selling
of goods and services to other countries, including
knowledge of market conditions, financial arrangements,
laws and procedures;
(5) the term ``historically Black college and
university'' has the meaning given the term ``part B
institution'' in section 322;
[(8)](6) the term ``institution of higher education''
means, in addition to institutions which meet the
definition of section 101 of this Act, institutions
which meet the requirements of section 101 of this Act
except that (1) they are not located in the United
States, and (2) they apply for assistance under this
title in consortia with institutions which meet the
definition of section 101 of this Act; [and]
[(2)](7) the term ``international business'' means
profit-oriented business relationships conducted across
national boundaries and includes activities such as the
buying and selling of goods, investments in industries,
the licensing of processes, patents and trademarks, and
the supply of services;
[(4)](8) the term ``internationalization of
curricula'' means the incorporation of international or
comparative perspectives in existing courses of study
or the addition of new components to the curricula to
provide an international context for American business
education;
(9) the term ``tribally controlled college or
university'' has the meaning given the term in section
2 of the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801); and
[(6)](10) the term ``[undergraduate language and area
center]undergraduate foreign language and area or
international studies center'' means an administrative
unit of an institution of higher education, including
but not limited to 4-year colleges, that contributes
significantly to the national interest through the
education and training of students who matriculate into
advanced language and area studies programs,
professional school programs, or incorporates
substantial international and foreign language content
into baccalaureate degree programs, engages in
research, curriculum development and community outreach
activities designed to broaden international and
foreign language knowledge, employs faculty with strong
language, area, and international studies credentials,
maintains library holdings, including basic reference
works, journals, and works in translation, and makes
training available predominantly to undergraduate
students;
[(7) the term ``critical languages'' means each of
the languages contained in the list of critical
languages designated by the Secretary pursuant to
section 212(d) of the Education for Economic Security
Act (50 Fed. Reg. 149, 31413), except that, in the
implementation of this definition, the Secretary may
set priorities according to the purposes of this
title;]
* * * * * * *
SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CONSTRUCTION.
(a) In General.--The Secretary is authorized to assess and
ensure compliance with all the conditions and terms of grants
provided under this title. If a complaint regarding activities
funded under this title is not resolved under the process
outlined in the relevant grantee's application, such complaint
shall be filed with the Department and reviewed by the
Secretary. The Secretary shall take the review of such
complaints into account when determining the renewal of grants.
(b) 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. 633. EVALUATION, OUTREACH, AND INFORMATION.
The Secretary may use not more than 1 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. 634. BIENNIAL 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 biennial report
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.
* * * * * * *
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SEC. 700. [20 U.S.C. 1133] PURPOSE.
It is the purpose of this title--
(1) * * *
(A) * * *
(B) that are designed to--
(i) sustain and enhance the capacity
for graduate education in areas of
national need, including those areas
critical to United States national and
homeland security needs such as
mathematics, science, and engineering;
and
* * * * * * *
PART A--GRADUATE EDUCATION PROGRAMS
Subpart 1--Jacob K. Javits Fellowship Program
SEC. 701. [20 U.S.C. 1134] AWARD OF JACOB K. JAVITS FELLOWSHIPS.
(a) Authority and Timing of Awards.-- * * *
* * * * * * *
SEC. 702. [20 U.S.C. 1134A] ALLOCATION OF FELLOWSHIPS.
(a) Fellowship Board.--
[(1) Appointment.--The Secretary shall appoint a
Jacob K. Javits Fellows Program Fellowship Board
(hereinafter in this subpart referred to 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. In making appointments, the Secretary shall give
due consideration to the appointment of individuals who
are highly respected in the academic community. The
Secretary shall assure that individuals appointed to
the Board are broadly representative of a range of
disciplines in graduate education in arts, humanities
and social sciences.]
(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) assure that individuals
appointed to the Board are broadly
representative of a range of
disciplines in graduate education in
arts, humanities, and social sciences;
(iii) appoint members to represent
the various geographic regions of the
United States; and
``(iv) include representatives from
minority institutions, as defined in
section 365.
* * * * * * *
SEC. 703. [20 U.S.C. 1134B] STIPENDS.
(a) Award by Secretary.--The Secretary shall pay to
individuals awarded fellowships under this subpart such
stipends as the Secretary may establish, reflecting the purpose
of this program to encourage highly talented students to
undertake graduate study as described in this subpart. In the
case of an individual who receives such individual's first
stipend under this subpart in academic year 1999-2000 or any
succeeding academic year, such stipend shall be set at a level
of support equal to that provided by the National Science
Foundation [graduate fellowships], Graduate Research Fellowship
Program except such amount shall be adjusted as necessary so as
not to exceed the fellow's demonstrated level of need
determined in accordance with part F of title IV.
* * * * * * *
SEC. 705. [20 U.S.C. 1134D] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated [$30,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years to carry out this subpart.] such
sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years to carry out this subpart.
* * * * * * *
SEC. 712. [20 U.S.C. II35A] INSTITUTIONAL ELIGIBILITY.
(a) Eligibility Criteria.--* * *
[(b) Designation of Areas of National Need.--After
consultation with appropriate Federal and nonprofit agencies
and organizations, the Secretary shall designate areas of
national need. In making such designations, the Secretary shall
take into account the extent to which the interest in the area
is compelling, the extent to which other Federal programs
support postbaccalaureate study in the area concerned, and an
assessment of how the program could achieve the most
significant impact with available resources.]
(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 post baccalaureate 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 and future professional
workforce needs of the United States.
* * * * * * *
SEC. 714. [20 U.S.C. 1135C] AWARDS TO GRADUATE STUDENTS.
(a) Commitments to Graduate Students.--
(1) In general.--* * *
* * * * * * *
(b) Amount of Stipends.--The Secretary shall make payments
to institutions of higher education for the purpose of paying
stipends to individuals who are awarded fellowships under this
subpart. The stipends the Secretary establishes shall reflect
the purpose of the program under this subpart to encourage
highly talented students to undertake graduate study as
described in this subpart. In the case of an individual who
receives such individual's first stipend under this subpart in
academic year [1999-2000] 2008-2009 for any succeeding academic
year, such stipend shall be set at a level of support equal to
that provided by the National Science Foundation [graduate
fellowships], Graduate Research Fellowship Program except such
amount shall be adjusted as necessary so as not to exceed the
fellow's demonstrated level of need as determined under part F
of title IV.
(c) Treatment of Institutional Payments.--An institution of
higher education that makes institutional payments for tuition
and fees on behalf of individuals supported by fellowships
under this subpart in amounts that exceed the institutional
payments made by the Secretary pursuant to section [716(a)]
715(a) may count such excess toward the amounts the institution
is required to provide pursuant to section [714(b)(2)]
713(b)(2)
* * * * * * *
SEC. 715. [20 U.S.C. 1135D] ADDITIONAL ASSISTANCE FOR COST OF
EDUCATION.
(a) Institutional Payments.--
(1) In general.--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 paragraph (2), such allowance shall be, for
[1999-2000] 2008-2009 and succeeding academic years,
the same amount as the institutional payment made for
[1998-1999] 2007-2008 adjusted annually thereafter in
accordance with inflation as determined by the
Department of Labor's Consumer Price Index for the
previous calendar year.
* * * * * * *
SEC. 716. [20 U.S.C. 1135E] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated [$35,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years to carry out this subpart.] such
sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years to carry out this subpart.
* * * * * * *
Subpart 3--Thurgood Marshall Legal Educational Opportunity Program
SEC. 721. [20 U.S.C. 1136] LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Program Authority.--The Secretary shall carry out a
program to be known as the ``Thurgood Marshall Legal
Educational Opportunity Program'' designed to provide low-
income, minority, or disadvantaged secondary school and college
students with the information, preparation, and financial
assistance to gain access to and complete law school study and
admission to law practice.
(b) Eligibility.--A college student is eligible for
assistance under this section if the secondary school student
or student is--
* * * * * * *
(c) Contract or Grant Authorized.--
(1) to identify secondary school and college students
who are from low-income families, are, minorities, or
are from disadvantaged backgrounds described in
subsection (b)(3);
[(2) to prepare such students for study at accredited
low schools;]
(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 and
promote the students' admission to and completion of
law school;
* * * * * * *
(4) to provide support services to such students who
are first-year law students to improve retention and
success in law school studies; [and]
[(5) to motivate and prepare such students with
respect to law school studies and practice in low-
income communities.]
(5) to motivate and prepare such students--
(A) with respect to law school studies and
practice in low-income communities; and
(B) and 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 summer
institute programs comparable to the summer
institutes under subsection (d) that are
certified by the Council on Legal Education
Opportunity.
(d) Services Provided.--In carrying out the purposes
described in subsection (c), the contract or grant shall
provide for the delivery of services through pre-college
programs, undergraduate prelaw information resource centers,
summer institutes, midyear seminars, and other educational
activities, conducted under this section. Such services may
include--
(1) information and counseling regarding--
(A) * * *
(B) course work offered and required for law
school graduation;
* * * * * * *
[(D) undergraduate preparatory courses and
curriculum selection;]
(D) pre-college and undergraduate preparatory
courses in analytical and writing skills, study
methods, and curriculum selection;
(2) summer academic programs for secondary school
students who have expressed interest in a career in the
law;
[(2)] (3) * * *
[(3)] (4) * * *
[(4)] (5) * * *
[(5)] (6) * * *
[(6)] (7) midyear seminars and other educational
activities that are designed to reinforce reading,
writing, and studying skills of Thurgood Marshall
Fellows and Associates
(e) Duration of the Provision of Services.--The services
described in subsection (d) may be provided--
(1) prior to the period of law school study,
including before and during undergraduate study;
* * * * * * *
(f) Subcontracts and Subgrants.--For the purposes of
planning, developing, or delivering one or more of the services
described in subsection (d), the Council on Legal Education
Opportunity shall enter into subcontracts with, and make
subgrants to, institutions of higher education, law schools,
public and private agencies and organizations, national and
State bar associations, and combinations of such institutions,
schools, agencies, [and organizaion.] organizations, and
associations.
[(g) Stipends.--The Secretary shall annually establish 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 for the period of
participation in summer institutes and midyear seminars. A
Fellow may be eligible for such a stipend only if the Thurgood
Marshall Fellow maintains satisfactory academic progress toward
the Juris Doctor or Bachelor of Laws degree, as determined by
the respective institutions.]
(g) Fellowships and Stipends.--The Secretary shall annually
establish the maximum fellowship to be awarded, and 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 Fellow or Associate may be eligible for such a
fellowship or stipend only if the Thurgood Marshall 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.--There are authorized
to be appropriated to carry out this section [$5,000,000 for
fiscal year 1999 and each of the 4 succeeding fiscal years.]
such sums as may be necessary for fiscal year 2008 and for each
of the 5 succeeding fiscal years.
* * * * * * *
PART B--FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION
SEC. 741. [20 U.S.C. 1138] FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION.
(a) Authority.--* * *
* * * * * * *
[(3) the establishment of institutions and programs
based on the technology of communications;]
(3) the establishment and continuation of
institutions, programs, consortia, collaborations, and
other joint efforts based on the technology of
communications, including those efforts that utilize
distance education and technological advancements to
educate and train postsecondary students (including
health professionals serving medically underserved
populations);
* * * * * * *
(7) the introduction of reforms in graduate
education, in the structure of academic professions,
and in the recruitment and retention of faculties;[and]
(8) the creation of new institutions and programs for
examining and awarding credentials to individuals, and
the introduction of reforms in current institutional
practices related thereto[.];
(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 program completion; and
(10) the creation of consortia that join diverse
institutions of higher education to design and offer
curricular and co-curricular interdisciplinary programs
at the undergraduate and graduate levels, sustained for
not less than a 5 year period, that--
(A) focus on poverty and human capability;
and
(B) include--
(i) a service-learning component; and
(ii) the delivery of educational
services through informational resource
centers, summer institutes, midyear
seminars, and other educational
activities that stress the effects of
poverty and how poverty can be
alleviated through different career
paths.
(b) * * *
(c) Project GRAD.--
(1) Purposes.--The purposes of this subsection are--
(A) to provide support and assistance to
programs implementing integrated education
reform services in order to improve secondary
school graduation, college attendance, and
college completion rates for at-risk students;
and
(B) to promote the establishment of new
programs to implement such integrated education
reform services.
(2) Definitions.--In this subsection:
(A) At-risk.--The term ``at-risk'' has the
same meaning given such term in section 1432 of
the Elementary and Secondary Education Act of
1965.
(B) Feeder pattern.--The term ``feeder
pattern'' means a secondary school and the
elementary schools and middle schools that
channel students into that secondary school.
(3) Grant authorized.--The Secretary is authorized to
award a grant to Project GRAD USA (referred to in this
subsection as the ``grantee''), a non-profit
educational organization that has as its primary
purpose the improvement of secondary school graduation,
college attendance, and college completion rates for
at-risk students, to implement and sustain the
integrated education reform program at existing Project
GRAD sites, and to promote the expansion of the Project
GRAD program to new sites.
(4) Requirements of grant agreement.--The Secretary
shall enter into an agreement with the grantee that
requires that the grantee shall--
(A) enter into subcontracts with nonprofit
educational organizations that serve a
substantial number or percentage of at-risk
students (referred to in this subsection as
``subcontractors''), under which the
subcontractors agree to implement the Project
GRAD program and provide matching funds for
such programs; and
(B) directly carry out--
(i) activities to implement and
sustain the literacy, mathematics,
classroom management, social service,
and college access components of the
Project GRAD program;
(ii) activities for the purpose of
implementing new Project GRAD program
sites;
(iii) activities to support,
evaluate, and consistently improve the
Project GRAD program;
(iv) activities for the purpose of
promoting greater public awareness of
integrated education reform services to
improve secondary school graduation,
college attendance, and college
completion rates for at-risk students;
and
(v) other activities directly related
to improving secondary school
graduation, college attendance, and
college completion rates for at-risk
students.
(5) Grantee contribution and matching requirement.--
(A) In general.--The grantee shall provide
funds to each subcontractor based on the number
of students served by the subcontractor in the
Project GRAD program, adjusted to take into
consideration--
(i) the resources available in the
area where the subcontractor will
implement the Project GRAD program; and
(ii) the need for the Project GRAD
program in such area to improve student
outcomes, including reading and
mathematics achievement and, where
applicable, secondary school
graduation, college attendance, and
college completion rates.
(B) Matching requirement.--Each subcontractor
shall provide funds for the Project GRAD
program in an amount that is equal to or
greater than the amount received by the
subcontractor from the grantee. Such matching
funds may be provided in cash or in-kind,
fairly evaluated.
(6) Evaluation.--The Secretary shall select an
independent entity to evaluate, every 3 years, the
performance of students who participate in a Project
GRAD program under this subsection.
(d) Center for Best Practices to Support Single Parent
Students.--
(1) Program authorized.--The Secretary is authorized
to award 1 grant or contract to an institution of
higher education to enable such institution to
establish and maintain a center to study and develop
best practices for institutions of higher education to
support single parents who are also students attending
such institutions.
(2) Institution requirements.--The Secretary shall
award the grant or contract under this subsection to a
4-year institution of higher education that has
demonstrated expertise in the development of programs
to assist single parents who are students at
institutions of higher education, as shown by the
institution's development of a variety of targeted
services to such students, including on-campus housing,
child care, counseling, advising, internship
opportunities, financial aid, and financial aid
counseling and assistance.
(3) Center activities.--The center funded under this
section shall--
(A) assist institutions implementing
innovative programs that support single parents
pursuing higher education;
(B) study and develop an evaluation protocol
for such programs that includes quantitative
and qualitative methodologies;
(C) provide appropriate technical assistance
regarding the replication, evaluation, and
continuous improvement of such programs; and
(D) develop and disseminate best practices
for such programs.
(e) Understanding the Federal Regulatory Impact on Higher
Education.--
(1) Purpose.--The purpose of this subsection is to
help institutions of higher education understand the
regulatory impact of the Federal Government on such
institutions, 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.
(2) Program authorized.--The Secretary is authorized
to award 1 grant or contract to an institution of
higher education to enable the institution to carry out
the activities described in the agreement under
paragraph (4).
(3) Institution requirements.--The Secretary shall
award the grant or contract under this subsection to an
institution of higher education that has demonstrated
expertise in--
(A) reviewing Federal higher education
regulations;
(B) maintaining a clearinghouse of compliance
training materials; and
(C) explaining the impact of such regulations
to institutions of higher education through a
comprehensive and freely accessible website.
(4) Requirements of agreement.--As a condition of
receiving a grant or contract under this subsection,
the institution of higher education shall enter into an
agreement with the Secretary that shall require the
institution to--
(A) monitor Federal regulations, including
notices of proposed rulemaking, for their
impact or potential impact on higher education;
(B) provide a succinct description of each
regulation or proposed regulation that is
relevant to higher education; and
(C) maintain a website providing information
on Federal regulations that is easy to use,
searchable, and updated regularly.
(f) Scholarship Program for Family Members of Veterans or
Members of the Military.--
(1) Authorization.--The Secretary shall contract with
a nonprofit organization with demonstrated experience
in carrying out the activities described in this
subsection to carry out a program to provide
postsecondary education scholarships for eligible
students.
(2) Eligible students.--In this subsection, the term
``eligible student'' means an individual who is--
(A)(i) a dependent student who is a child
of--
(I) an individual who is--
(aa) serving on active duty
during a war or other military
operation or national emergency
(as defined in section 481); or
(bb) performing qualifying
National Guard duty during a
war or other military operation
or national emergency (as
defined in section 481); or
(II) a veteran who died while serving
or performing, as described in
subclause (I), since September 11,
2001, or has been disabled while
serving or performing, as described in
subclause (I), as a result of such
event; or
(ii) an independent student who is a spouse
of--
(I) an individual who is--
(aa) serving on active duty
during a war or other military
operation or national emergency
(as defined in section 481); or
(bb) performing qualifying
National Guard duty during a
war or other military operation
or national emergency (as
defined in section 481); or
(II) a veteran who died while serving
or performing, as described in
subclause (I), since September 11,
2001, or has been disabled while
serving or performing, as described in
subclause (I), as a result of such
event; and
(B) enrolled as a full-time or part-time
student at an institution of higher education
(as defined in section 102).
(3) Awarding of scholarships.--Scholarships awarded
under this subsection shall be awarded based on need
with priority given to eligible students who are
eligible to receive Federal Pell Grants under subpart 1
of part A of title IV.
(4) Maximum scholarship among.--The maximum
scholarship amount awarded to an eligible student under
this subsection for an academic year shall be the
lesser of--
(A) the difference between the eligible
student's cost of attendance (as defined in
section 472) and any non-loan based aid such
student receives; or
(B) $5,000.
(5) Amounts for scholarships.--100 percent of amounts
appropriated to carry out this subsection shall be used
for scholarships awarded under this subsection.
* * * * * * *
SEC. 744. [20 U.S.C. 1138C] SPECIAL PROJECTS.
(a) Grant Authority.--* * *
* * * * * * *
[(c) Areas of National Need.--Areas of national need shall
initially include, but shall not be limited to, the following:
[(1) Institutional restructuring to improve learning
and promote productivity, efficiency, quality
improvement, and cost and price control.
[(2) Articulation between 2- and 4-year institutions
of higher education, including developing innovative
methods for ensuring the successful transfer of
students from 2- to 4-year institutions of higher
education.
[(3) Evaluation and dissemination of model programs.
[(4) International cooperation and student exchange
among postsecondary education institutions.]
(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 and price control.
(2)Improvements in academic instruction and student
learning, including efforts designed to assess the
learning gains made by postsecondary students.
(3) Articulation between 2- and 4-year institutions
of higher education, including developing innovative
methods for ensuring the successful transfer of
students from 2- to 4-year institutions of higher
education.
(4) Development, evaluation and dissemination of
model programs, including model core curricula 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 sufficient study of a foreign
language to lead to reading and writing
competency in the foreign language.
(5) International cooperation and student exchanges
among postsecondary educational institutions.
* * * * * * *
SEC. 745. [20 U.S.C. 1138D] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part [$30,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years.]such sums
as may be necessary for fiscal year 2008 and each, of the 5
succeeding fiscal years.
* * * * * * *
PART D--[DEMONSTRATION] PROJECTS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION
Subpart 1--Quality Higher Education
SEC. 761. [20 U.S.C. 1140] PURPOSES.
It is the purpose of this [part]subpart to support model
demonstration projects to provide technical assistance or
professional development for faculty and administrators in
institutions of higher education in order to provide students
with disabilities a quality postsecondary education.
SEC. 762. [20 U.S.C. 1140A] GRANTS AUTHORIZED.
(a) Competitive Grants Authorized.--* * *
(b) Duration; Activities.--
(1) Duration.--Grants under this [part]subpart shall
be awarded for a period of 3 years.
(2) Authorized Activities.--Grants under this [part]
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 to
provide faculty and administrators with the
skills and supports necessary [to teach
students with disabilities]to teach and meet
the academic and programmatic needs of students
with disabilities in order to improve retention
and completion of postsecondary education.
Such methods and strategies may include
inservice 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 ensure the
successful transition of students with
disabilities from secondary school to
postsecondary education.
[(B)](C) Synthesizing research and
information.--Synthesizing research and other
information related to the provision of
postsecondary educational services to students
with disabilities[.],including data on the
postsecondary education of and impact 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 faculty and
administrators with the ability to provide
accessible distance education programs or
classes that would enhance access of students
with disabilities to higher education,
including the use of accessible curriculum and
electronic communication for instruction and
advisement.
(E) Disability career pathways.--
(i) In general.--Training and
providing support to secondary and
postsecondary staff with respect to
disability-related fields 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 such students;
(III) provide educational
opportunities in such fields
among such students;
(IV) teach practical skills
related to such fields among
such students; and
(V) offer work-based
opportunities in such fields
among such students.
(ii) Development.--The training and
support described in clause (i) may
include developing means to offer
students credit-bearing, college-level
coursework, and career and educational
counseling.
[(C)](F) Professional development and
training sessions.--* * *
(G) Accessibility of education.--Making
postsecondary education more accessible to
students with disabilities through curriculum
development.
(3) Mandatory evaluation and dissemination.--Grants
under this [part]subpart shall be used for evaluation,
and dissemination to other institutions of higher
education, of the information obtained through the
activities described in [subparagraphs (A) through
(C)]subparagraphs (A) through (G).
(c) Considerations in Making Awards.--* * *
* * * * * * *
(d) Report.--Not later than 3 years after the date of
enactment of the Higher Education Amendments of 2007, the
Secretary shall prepare and disseminate a report reviewing the
activities of the demonstration projects authorized under this
subpart and providing guidance and recommendations on how
successful projects can be replicated.
* * * * * * *
SEC. 763. [20 U.S.C. 1140B] APPLICATIONS.
Each institution of higher education desiring to receive a
grant, contract, or cooperative agreement under this
[part]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 how such institution plans to
address each of the activities required under this
part;]
(1) a description of how such institution plans to
address the activities allowed under 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;
[and]
(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 success in serving students with
disabilities.
* * * * * * *
SEC. 764. [20 U.S.C. 1140C] RULE OF CONSTRUCTION.
Nothing in this [part]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 are required by section
504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990.
* * * * * * *
SEC. 765. [20 U.S.C. 1140D] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for this
[part]subpart [$10,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.]such sums as maybe necessary for fiscal year 2008 and
each of the 5 succeeding fiscal years.
* * * * * * *
Subpart 2--Transition Programs for Students With Intellectual
Disabilities Into Higher Education; Coordinating Center
SEC. 771. 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. 772. DEFINITIONS.
In this subpart:
(1) Comprehensive transition and postsecondary
program for students with intellectual disabilities.--
The term ``comprehensive transition and postsecondary
program for students with intellectual disabilities''
means a degree, certificate, or nondegree program
offered by an institution of higher education that--
(A) is designed for students with
intellectual disabilities who seek to continue
academic, vocational, or independent living
instruction at the institution in order to
prepare for gainful employment;
(B) includes an advising and curriculum
structure; and
(C) requires the enrollment of the student
(through enrollment in credit-bearing courses,
auditing or participating in courses,
participating in internships, or enrollment in
noncredit, nondegree courses) in the equivalent
of not less than a half-time course of study,
as determined by the institution.
(2) Student with an intellectual disability.--The
term, ``student with an intellectual disability'' means
a student whose mental retardation or other significant
cognitive impairment substantially impacts the
student's intellectual and cognitive functioning.
SEC. 773. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR
STUDENTS WITH INTELLECTUAL DISABILITIES.
(a) Grants Authorized.--
(1) In general.--The Secretary shall annually award
grants, on a competitive basis, to institutions of
higher education (or consortia of institutions of
higher education), to create or expand high-quality,
inclusive model comprehensive transition and
postsecondary programs for students with intellectual
disabilities.
(2) Number and duration of grants.--The Secretary
shall award not less than 10 grants per year under this
section, and each grant awarded under this subsection
shall be for a period of 5 years.
(b) Application.--An institution of higher education (or a
consortium) desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(c) Preference.--In awarding grants under this section, the
Secretary shall give preference to institutions of higher
education (or consortia) that--
(1) will carry out a model program under the grant in
a State that does not already have a comprehensive
transition and postsecondary program for students with
intellectual disabilities; or
(2) in the application submitted under subsection
(b), agree to incorporate 1 or more of the following
elements into the model programs carried out under the
grant:
(A) The formation of a partnership with any
relevant agency serving students with
intellectual disabilities, such as a vocational
rehabilitation agency.
(B) In the case of an institution of higher
education that provides institutionally-owned
or operated housing for students attending the
institution, the integration of students with
intellectual disabilities into such housing.
(C) The involvement of students attending the
institution of higher education who are
studying special education, general education,
vocational rehabilitation, assistive
technology, or related fields in the model
program carried out under the grant.
(d) Use of Funds.--An institution of higher education (or
consortium) receiving a grant under this section shall use the
grant funds to establish a model comprehensive transition and
postsecondary program for students with intellectual
disabilities that--
(1) serves students with intellectual disabilities,
including students with intellectual disabilities who
are no longer eligible for special education and
related services under the Individuals with
Disabilities Education Act;
(2) provides individual supports and services for the
academic and social inclusion of students with
intellectual disabilities in academic courses,
extracurricular activities, and other aspects of the
institution of higher education's regular postsecondary
program;
(3) with respect to the students with intellectual
disabilities participating in the model program,
provides a focus on--
(A) academic enrichment;
(B) socialization;
(C) independent living, including self-
advocacy skills; and
(D) integrated work experiences and career
skills that lead to gainful employment;
(4) integrates person-centered planning in the
development of the course of study for each student
with an intellectual disability participating in the
model program;
(5) participates with the coordinating center
established under section 774 in the evaluation of the
model program;
(6) partners with 1 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 such Act, including regarding the
utilization of funds available under part B of the
Individuals with Disabilities Education Act for such
students;
(7) plans for the sustainability of the model program
after the end of the grant period; and
(8) creates and offers a meaningful credential for
students with intellectual disabilities upon the
completion of the model program.
(e) Matching Requirement.--An institution of higher
education that receives a grant under this section shall
provide toward the cost of the model comprehensive transition
and postsecondary program for students with intellectual
disabilities carried out under the grant, matching funds, which
may be provided in cash or in-kind, in an amount not less than
25 percent of the amount of such grant funds.
(f) Report.--Not later than 3 years after the date of
enactment of the Higher Education Amendments of 2007, the
Secretary shall prepare and disseminate a report reviewing the
activities of the model comprehensive transition and
postsecondary programs for students with intellectual
disabilities authorized under this subpart and providing
guidance and recommendations on how successful programs can be
replicated.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
SEC. 774. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, EVALUATION, AND
DEVELOPMENT OF ACCREDITATION STANDARDS.
(a) In General.--
(1) Award.--The Secretary shall, on a competitive
basis, enter into a cooperative agreement with an
eligible entity, for the purpose of establishing a
coordinating center for technical assistance,
evaluation, and development of accreditation standards
for institutions of higher education that offer
inclusive model comprehensive transition and
postsecondary programs for students with intellectual
disabilities.
(2) Duration.--The cooperative agreement under this
section shall be for a period of 5 years.
(b) Requirements of Cooperative Agreement.--The eligible
entity entering into a cooperative agreement under this section
shall establish and maintain a center that shall--
(1) serve as the technical assistance entity for all
model comprehensive transition and postsecondary
programs for students with intellectual disabilities
assisted under section 773;
(2) provide technical assistance regarding the
development, evaluation, and continuous improvement of
such programs;
(3) develop an evaluation protocol for such programs
that includes qualitative and quantitative methodology
measuring student outcomes and program strengths in the
areas of academic enrichment, socialization,
independent living, and competitive or supported
employment;
(4) assist recipients of grants under section 773 in
efforts to award a meaningful credential to students
with intellectual disabilities upon the completion of
such programs, which credential takes into
consideration unique State factors;
(5) develop model criteria, standards, and procedures
to be used in accrediting such programs that--
(A) include, in the development of the model
criteria, standards, and procedures for such
programs, the participation of--
(i) an expert in higher education;
(ii) an expert in special education;
(iii) a disability organization that
represents students with intellectual
disabilities; and
(iv) a State, regional, or national
accrediting agency or association
recognized by the Secretary under
subpart 2 of part H of title IV; and
(B) define the necessary components of such
programs, such as--
(i) academic, vocational, social, and
independent living skills;
(ii) evaluation of student progress;
(iii) program administration and
evaluation;
(iv) student eligibility; and
(v) issues regarding the equivalency
of a student's participation in such
programs to semester, trimester,
quarter, credit, or clock hours at an
institution of higher education, as the
case may be;
(6) analyze possible funding streams for such
programs and provide recommendations regarding the
funding streams;
(7) develop model memoranda of agreement between
institutions of higher education and agencies providing
funding for such programs;
(8) develop mechanisms for regular communication
between the recipients of grants under section 773
regarding such programs; and
(9) host a meeting of all recipients of grants under
section 773 not less often than once a year.
(c) Definition of Eligible Entity.--In this section, the
term `eligible entity' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of
higher education, students with intellectual disabilities, the
development of comprehensive transition and postsecondary
programs for students with intellectual disabilities, and
evaluation.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
* * * * * * *
PART E--RESEARCH GRANTS
SEC. 781. RESEARCH GRANTS.
(a) Grants Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible entities to
enable the eligible entities to develop or improve valid and
reliable measures of student achievement for use by
institutions of higher education to measure and evaluate
learning in higher education.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) an institution of higher education;
(B) a State agency responsible for higher
education;
(C) a recognized higher education accrediting
agency or an organization of higher education
accreditors;
(D) an eligible applicant described in
section 174(c) of the Education Sciences Reform
Act of 2002; and
(E) a consortium of any combination of
entities described in subparagraphs (A) through
(D).
(c) Application.--
(1) In general.--Each eligible entity that desires 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
require.
(2) Contents.--Each application submitted under
subsection (a) shall include a description of how the
eligible entity--
(A) will work with relevant experts,
including psychometricians, research experts,
institutions, associations, and other qualified
individuals as determined appropriate by the
eligible entity;
(B) will reach a broad and diverse range of
audiences;
(C) has participated in work in improving
postsecondary education;
(D) has participated in work in developing or
improving assessments to measure student
achievement;
(E) includes faculty, to the extent
practicable, in the development of any
assessments or measures of student achievement;
and
(F) will focus on program specific measures
of student achievement generally applicable to
an entire--
(i) institution of higher education;
or
(ii) State system of higher
education.
(d) Award Basis.--In awarding grants under this section,
the Secretary shall take into consideration--
(1) the quality of an application for a grant under
this section;
(2) the distribution of the grants to different--
(A) geographic regions;
(B) types of institutions of higher
education; and
(C) higher education accreditors.
(e) Use of Funds.--Each eligible entity receiving a grant
under this section may use the grant funds--
(1) to enable the eligible entity to improve the
quality, validity, and reliability of existing
assessments used by institutions of higher education;
(2) to develop measures of student achievement using
multiple measures of student achievement from multiple
sources;
(3) to measure improvement in student achievement
over time;
(4) to evaluate student achievement;
(5) to develop models of effective practices; and
(6) for a pilot or demonstration project of measures
of student achievement.
(f) Matching Requirement.--An eligible entity described in
subparagraph (A), (B), or (C) of subsection (b)(1) that
receives a grant under this section shall provide for each
fiscal year, from non-Federal sources, an amount (which may be
provided in cash or in kind), to carry out the activities
supported by the grant, equal to 50 percent of the amount
received for the fiscal year under the grant.
(g) Supplement, Not Supplant.--Grant funds provided under
this section shall be used to supplement, not supplant, other
Federal or State funds.
(h) Report.--
(1) Report.--The Secretary shall provide an annual
report to congress on the implementation of the grant
program assisted under this section.
(2) Content.--The report shall include--
(A) information regarding the development or
improvement of scientifically valid and
reliable measures of student achievement;
(B) a description of the assessments or other
measures developed by eligible entities;
(C) the results of any pilot or demonstration
projects assisted under this section; and
(D) such other information as the Secretary
may require.
TITLE VIII--MISCELLANEOUS
PART A--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM
SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.
(a) Program Authorized.--The Secretary is authorized to
award grants to States, on a competitive basis, to enable the
States to award eligible students, who complete a rigorous
secondary school curriculum in mathematics and science,
scholarships for undergraduate study.
(b) Eligible Students.--A student is eligible for a
scholarship under this section if the student is a full-time
undergraduate student in the student's first and second year of
study who has completed a rigorous secondary school curriculum
in mathematics and science.
(c) Rigorous Curriculum.--Each participating State shall
determine the requirements for a rigorous secondary school
curriculum in mathematics and science described in subsection
(b).
(d) Priority for Scholarships.--The Governor of a State may
set a priority for awarding scholarships under this section for
particular eligible students, such as students attending
schools in high-need areas, 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 students with regional or geographic needs as
determined appropriate by the Governor.
(e) Amount and Duration of Scholarship.--The Secretary
shall award a grant under this section--
(1) in an amount that does not exceed $1,000; and
(2) for not more than 2 years of undergraduate study.
(f) 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.
(g) Authorization.--There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding fiscal years.
PART B--POSTSECONDARY EDUCATION ASSESSMENT
SEC. 816. POSTSECONDARY EDUCATION ASSESSMENT.
(a) Contract for Assessment.--The Secretary shall enter
into a contract, with an independent, bipartisan organization
with specific expertise in public administration and financial
management, to carry out an independent assessment of the cost
factors associated with the cost of tuition at institutions of
higher education.
(b) Timeframe.--The Secretary shall enter into the contract
described in subsection (a) not later than 90 days after the
date of enactment of the Higher Education Amendments of 2007.
(c) Matters Assessed.--The assessment described in
subsection (a) shall--
(1) examine the key elements driving the cost factors
associated with the cost of tuition at institutions of
higher education during the 2001-2002 academic year and
succeeding academic years;
(2) identify and evaluate measures being used to
control postsecondary education costs;
(3) identify and evaluate effective measures that may
be utilized to control postsecondary education costs in
the future; and
(4) identify systemic approaches to monitor future
postsecondary education cost trends and postsecondary
education cost control mechanisms.
PART C--JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES
SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES.
(a) Grants Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible partnerships
to enable the eligible partnerships to provide relevant job
skill training in high-growth industries or occupations.
(b) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership--
(A) between an institution of higher
education and a local hoard (as such term is
defined in section 101 of the Workforce
Investment Act of 1998); or
(B) if an institution of higher education is
located within a State that does not operate
local boards, between the institution of higher
education and a State board (as such term is
defined in section 101 of the Workforce
Investment Act of 1998).
(2) Nontraditional student.--The term
``nontraditional student'' means a student who--
(A) is independent, as defined in section
480(d);
(B) 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;
or
(C) has delayed enrollment at an institution
of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' means an
institution of higher education, as defined in section
101(b), that offers a 1- or 2-year program of study
leading to a degree or certificate.
(c) 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 occupations or industries;
(B) local high-growth occupations or
industries; and
(C) the need for qualified workers to meet
the local demand of high-growth occupations or
industries.
(d) Award Basis.--In awarding grants under this section,
the Secretary shall--
(1) ensure an equitable distribution of grant funds
under this section among urban and rural areas of the
United States; and
(2) take into consideration the capability of the
institution of higher education--
(A) to offer relevant, high quality
instruction and job skill training for students
entering a high-growth occupation or industry;
(B) to involve the local business community
and to place graduates in the community in
employment in high-growth occupations or
industries;
(C) to provide secondary students with dual-
enrollment or concurrent enrollment options;
(D) to serve nontraditional or low-income
students, or adult or displaced workers; and
(E) to serve students from rural or remote
communities.
(e) Use of Funds.--Grant funds provided under this section
may be used--
(1) to expand or create academic programs or programs
of training that provide relevant job skill training
for high-growth occupations or industries;
(2) to purchase equipment which will facilitate the
development of academic programs or programs of
training that provide training for high-growth
occupations or industries;
(3) to support outreach efforts that enable students
to attend institutions of higher education with
academic programs or programs of training focused on
high-growth occupations or industries;
(4) to expand or create programs for distance,
evening, weekend, modular, or compressed learning
opportunities that provide relevant job skill training
in high-growth occupations or industries;
(5) to build partnerships with local businesses in
high-growth occupations or industries;
(6) to support curriculum development related to
entrepreneurial training; and
(7) for other uses that the Secretary determines to
be consistent with the intent of this section.
(f) Requirements.--
(1) Fiscal agent.--For the purpose of this section,
the institution of higher education in an eligible
partnership shall serve as the fiscal agent and grant
recipient for the eligible partnership.
(2) Duration.--The Secretary shall award grants under
this section for periods that may not exceed 5 years.
(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 (e).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part such sums as may be
necessary for fiscal year 2008 and each of the 5 succeeding
fiscal years.
PART D--ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL NURSING
STUDENTS
SEC. 826. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL
NURSING STUDENTS.
(a) Authorization.--The Secretary shall award grants to
institutions of higher education that offer--
(1) a R.N. nursing program at the baccalaureate or
associate degree level to enable such program to expand
the faculty and facilities of such program to
accommodate additional R.N. nursing program students;
or
(2) a graduate-level nursing program to accommodate
advanced practice degrees for R.N.s or to accommodate
students enrolled in a graduate-level nursing program
to provide teachers of nursing students.
(b) Determination of Number of Students and Application.--
Each institution of higher education that offers a program
described in subsection (a) that desires to receive a grant
under this section shall--
(1) determine for the 4 academic years preceding the
academic year for which the determination is made the
average number of matriculated nursing program students
at such institution for such academic years; and
(2) submit an application to the Secretary at such
time, in such manner, and accompanied by such
information as the Secretary may require, including the
average number determined under paragraph (1).
(c) Grant Amount; Award Basis.--
(1) Grant amount.--For each academic year after
academic year 2006-2007, the Secretary shall provide to
each institution of higher education awarded a grant
under this section an amount that is equal to $3,000
multiplied by the number of matriculated nursing
program students at such institution for such academic
year that is more than the average number determined
with respect to such institution under subsection
(b)(1). Such amount shall be used for the purposes
described in subsection (a).
(2) Distribution of grants among different degree
programs.--
(A) In general.--Subject to subparagraph (B),
from the funds available to award grants under
this section for each fiscal year, the
Secretary shall--
(i) use 20 percent of such funds to
award grants under this section to
institutions of higher education for
the purpose of accommodating advanced
practice degrees or students in
graduate-level nursing programs;
(ii) use 40 percent of such funds to
award grants under this section to
institutions of higher education for
the purpose of expanding R.N. nursing
programs at the baccalaureate degree
level; and
(iii) use 40 percent of such funds to
award grants under this section to
institutions of higher education for
the purpose of expanding R.N. nursing
programs at the associate degree level.
(B) Distribution of excess funds.--If, for a
fiscal year, funds described in clause (i),
(ii), or (iii) of subparagraph (A) remain after
the Secretary awards grants under this section
to all applicants for the particular category
of nursing programs described in such clause,
the Secretary shall use equal amounts of the
remaining funds to award grants under this
section to applicants for the remaining
categories of nursing programs.
(C) Equitable distribution.--In awarding
grants under this section, the Secretary shall,
to the extent practicable, ensure--
(i) an equitable geographic
distribution of the grants among the
States; and
(ii) an equitable distribution of the
grants among different types of
institutions of higher education.
(d) Prohibition.--
(1) 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.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
PART E--AMERICAN HISTORY FOR FREEDOM
SEC. 831. AMERICAN HISTORY FOR FREEDOM.
(a) Grants Authorized.--The Secretary is authorized to
award 3-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 tern ``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 part 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
subsection (a) shall include a description of--
(A) how funds made available under this part
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 part 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 part
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 part.
(d) Award Basis.--In awarding grants under this part, 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 part
after the grant has expired.
(e) Use of Funds.--
(1) Required use of funds.--Funds provided under this
part 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 part 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 part may be used to support--
(A) collaboration with entities such, as--
(i) local educational agencies, for
the purpose of providing elementary,
middle 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 part, 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 part.
(f) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2008 and each of
the 5 succeeding fiscal years.
PART F--TEACH FOR AMERICA
SEC. 836. TEACH FOR AMERICA.
(a) Definitions.--
(1) In general.--The terms ``highly qualified'',
``local educational agency'', and ``Secretary'' have
the meanigs given the terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Grantee.--The term ``grantee'' means Teach For
America, Inc.
(3) High need.--The term ``high need'', when used
with respect to a local educational agency, means a
local educational agency experiencing a shortage of
highly qualified teachers.
(b) Grants Authorized.--The Secretary is authorized to
award a grant to Teach For America, Inc., the national teacher
corps of outstanding recent college graduates who commit to
teach for 2 years in underserved communities in the United
States, to implement and expand its program of recruiting,
selecting, training, and supporting new teachers.
(c) Requirements.--In carrying out the grant program under
subsection (b), the Secretary shall enter into an agreement
with the grantee under which the grantee agrees to use the
grant funds provided under this section--
(1) to provide highly qualified teachers to high need
local educational agencies in urban and rural
communities;
(2) to pay the cost of recruiting, selecting,
training, and supporting new teachers; and
(3) to 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 the
teachers through a rigorous summer institute
that includes hands-on teaching experience and
significant exposure to education coursework
and theory.
(C) Placing the teachers in schools and
positions designated by partner local
educational agencies as high need placements
serving underserved students.
(D) Providing ongoing professional
development activities for the teachers' first
2 years in the classroom, including regular
classroom observations and feedback, and
ongoing training and support.
(2) Limitation.--The grantee shall use all grant
funds received under this section to support activities
related directly to the recruitment, selection,
training, and support of teachers as described in
subsection (a).
(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 the teachers
received, the placement sites of the teachers,
the professional development of the teachers,
and the retention of the 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) 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.
(3) Requirements.--The Secretary shall provide for
such a study not less than once every 3 years, and each
such study shall include multiple placement sites and
multiple schools within placement sites.
(4) Peer review standards.--Each such study shall
meet the peer review standards of the education
research community.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.
(2) Limitation.--The grantee shall not use more than
25 percent of Federal funds from any source for
administrative costs.
PART G--PATSY T. MINK FELLOWSHIP PROGRAM
SEC. 841. PATSY T. MINK FELLOWSHIP PROGRAM.
(A) Purpose.--
(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) Definitions.--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.--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.--
(i) In general.--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
university 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.
(IV) A nonprofit organization
with a demonstrated record of
helping minorities and women
earn postbaccalaureate degrees.
(ii) Nonprofit organizations.--
Nothing in this paragraph shall be
construed to permit the Secretary to
award a grant under this section to an
entity other than an eligible
institution.
(3) Selection of applications.--In awarding grants
under subsection (a), 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
independent 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--
(i) are eligible for assistance under
title III or title V; or
(ii) have formed a consortium that
includes both non-minority serving
institutions and minority serving
institutions.
(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 15 fellowship
awards.
(E) Reallotment.--If the Secretary determines
that an eligible institution awarded a grant
under this section is unable to use all of the
grant funds awarded to the institution, the
Secretary shall reallot, on such date during
each fiscal year as the Secretary may fix, the
unused funds to other eligible institutions
that demonstrate that such institutions can use
any reallocated grant funds to make fellowship
awards to individuals under this section.
(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
paragraph (3), an institutional
allowance shall be in an amount equal
to, for academic year 2007-2008 and
succeeding academic years, 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 in the discretion of the
eligible institution and may be used to
provide, except as prohibited under paragraph
(4), academic support and career transition
services for individuals awarded fellowships by
such institution.
(C) Reduction.--The institutional allowance
paid under paragraph (1) 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, or highest possible degree available, program
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));
(iii) an institution of higher
education outside the United States (as
the term is described in section
102(a)(2)); or
(iv) 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 paragraph (1)
not later than 3 years after receiving
the doctoral degree or highest possible
degree available, which 3-year period
may be extended by the Secretary for
extraordinary circumstances; and
(ii) to be employed by such
institution for 1 year for each year of
fellowship assistance received under
this section.
(2) Failure to comply.--If an individual who receives
a fellowship award under this section fails to comply
with the agreement signed pursuant to subsection
(a)(2), then the Secretary shall do 1 or both of the
following:
(A) Require the individual to repay all or
the applicable portion of the total fellowship
amount awarded to the individual by converting
the balance due to a loan at the interest rate
applicable to loans made under part B of title
IV.
(B) Impose a fine or penalty in an amount to
be determined by the Secretary.
(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 subsection (a)(2).
(B) Content.--The criteria under paragraph
(1) 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 the
National Science Foundation graduate fellows, 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 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 is authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008 for each of the 5 succeeding
fiscal years.
``PART H--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
SEC. 846. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
(a) In General.--The Secretary shall contract with 1
nonprofit organization described in subsection (b) to enable
the nonprofit organization--
(1) to make publicly available the year-to-year
higher education enrollment rate trends of secondary
school students, disaggregated by secondary school, in
full compliance with the Family Education Rights and
Privacy Act of 1974;
(2) to identify not less than 50 urban local
educational agencies and 5 States with significant
rural populations, each serving a significant
population of low-income students, and to carry out a
comprehensive needs assessment in the agencies and
States of the factors known to contribute to improved
higher education enrollment rates, which factors shall
include--
(A) an evaluation of the local educational
agency's and State's leadership strategies;
(B) the secondary school curriculum and class
offerings of the local educational agency and
State;
(C) the professional development used by the
local educational agency and the State to
assist teachers, higher education counselors,
and administrators in supporting the transition
of secondary students into higher education;
(D) secondary school student attendance and
other factors demonstrated to be associated
with enrollment into higher education;
(E) the data systems used by the local
educational agency and the State to measure
college enrollment rates and the incentives in
place to motivate the efforts of faculty and
students to improve student and school-wide
outcomes; and
(F) strategies to mobilize student leaders to
build a college-bound culture; and
(3) to provide comprehensive services to improve the
school-wide higher education enrollment rates of each
of not less than 10 local educational agencies and
States, with the federally funded portion of each
project declining by not less than 20 percent each year
beginning in the second year of the comprehensive
services, that--
(A) participated in the needs assessment
described in paragraph (2); and
(B) demonstrated a willingness and commitment
to improving the higher education enrollment
rates of the local educational agency or State,
respectively.
(b) Grant Recipient Criteria.--The recipient of the grant
awarded under subsection (a) shall be a nonprofit organization
with demonstrated expertise--
(1) in increasing school-wide higher education
enrollment rates in low-income communities nationwide
by providing curriculum, training, and technical
assistance to secondary school staff and student peer
influencers; and
(2) in a college transition data management system.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for fiscal year 2008 and each of the 5 succeeding
fiscal years.
PART I--PREDOMINANTLY BLACK INSTITUTIONS
SEC. 850. 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) Educational and general expenditures.--The term
``educational and general expenditures'' has the
meaning given the term in section 312.
(2) 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 which 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; and
(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.
(3) Endowment fund.--The term ``endowment fund'' has
the meaning given the term in section 312.
(4) 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--
(i) that 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) which for the purpose of this
paragraph and for that year was
determined by the Secretary (pursuant
to regulations and after consultation
with the State educational agency of
the State in which the school is
located) to be a school in which the
enrollment of children counted under
section 1113(a)(5) of 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.
(5) First generation college student.--The term
``first generation college student'' has the meaning
given the term in section 402A(g).
(6) Low-income individual.--The term ``low-income
individual'' has the meaning given such term in section
402A(g).
(7) 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.
(8) Predominantly black institution.--The
``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.
(9) 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)(2)(A) or
(b)(2)(C). The level of priority given to Predominantly
Black Institutions with large numbers or percentages of
students described in subsections (b)(2)(A) shall be
twice the level of priority given to Predominantly
Black Institutions with large numbers or percentages of
students described in subsection (b)(2)(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 1 or more of the
following activities:
(A) The activities described in paragraphs
(1) through (11) 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
of title III, 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 2 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 shall not be less than $250,000.
(B) Insufficient amount.--If the amount
appropriated pursuant to subsection (i) for a
fiscal year is 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 required for such institution
for the period such allotment is available, shall be
available for reallotment to other Predominantly Black
Institutions in proportion to the original allotment to
such other institutions under this section for such
fiscal year. The Secretary shall reallot such amounts
from time to time, on such date and during such period
as the Secretary 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) Prohibition.--No Predominantly Black Institution that
applies for and receives a grant under this section may apply
for or receive funds under any other program under part A or
part B of title III.
(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 10 years following the date on which the grant was
awarded, shall be repaid to the Treasury.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008 and each of 5 succeeding
fiscal years.
PART J--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER
TASK FORCE
SEC. 851. SHORT TITLE.
This part may be cited as the ``Early Childhood Education
Professional Development and Career Task Force Act''.
SEC. 852. PURPOSE.
It is the purpose of this part--
(1) to improve the quality of the early childhood
education workforce by creating a statewide early
childhood education professional development and career
task force for early childhood education program staff,
directors, and administrators; and
(2) to create--
(A) a coherent system of core competencies,
pathways to qualifications, credentials,
degrees, quality assurances, access, and
outreach, for early childhood education program
staff, directors, and administrators, that is
linked to compensation commensurate with
experience and qualifications;
(B) articulation agreements that enable early
childhood education professionals to transition
easily among degrees; and
(C) compensation initiatives for individuals
working in an early childhood education program
that reflect the individuals' credentials,
degrees, and experience.
SEC. 853. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
In this part, the term ``early childhood education
program'' means--
(1) a family child care program, center-based child
care program, State prekindergarten program, or school-
based program, that--
(A) provides early childhood education;
(B) uses developmentally appropriate
practices;
(C) is licensed or regulated by the State;
and
(D) serves children from birth through age 5;
(2) a Head Start Program carried out under the Head
Start Act; or
(3) an Early Head Start Program carried out under
section 645A of the Head Start Act.
SEC. 854. GRANTS AUTHORIZED.
(a) In General.--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 855; and
(2) to support activities of the State Task Force
described in section 856.
(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 5 years.
SEC. 855. 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, and any other entity or individual the Governor
determines appropriate.
SEC. 856. 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; and
(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
(3) develop a plan for a comprehensive statewide
professional development and career system for
individuals working in early childhood education
programs or for early childhood education providers,
which plan shall include--
(A) methods of providing outreach to early
childhood education program staff, directors,
and administrators, 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 postsecondary education
programs leading to degrees in early childhood
education by providing assistance to pay the
costs of enrollment in and completion of such
postsecondary education programs, which
assistance--
(i) shall only be provided to an
individual who--
(I) enters into an agreement
under which the individual
agrees to work, for a
reasonable number of years
after receiving such a degree,
in an early childhood education
program that is located in a
low-income area; and
(II) has a family income
equal to or less than the
annually adjusted national
median family income as
determined by the Bureau of the
Census; and
(ii) shall be provided in an amount
that does not exceed $17,500;
(E) supporting professional development
activities and a career lattice for a variety
of early childhood professional roles with
varying professional qualifications and
responsibilities for early childhood education
personnel, including strategies to enhance the
compensation of such personnel;
(F) supporting articulation agreements
between 2- and 4-year public and private
institutions of higher education and mechanisms
to transform other training, professional
development, and experience into academic
credit;
(G) developing mentoring and coaching
programs to support new educators in and
directors of early childhood education
programs;
(H) providing career development advising
with respect to the field of early childhood
education, including informing an individual
regarding--
(i) entry into and continuing
education requirements for professional
roles in the field;
(ii) available financial assistance;
and
(iii) professional development and
career advancement in the field;
(I) enhancing the quality of faculty and
coursework in postsecondary programs that lead
to an associate, baccalaureate, or graduate
degree in early childhood education;
(J) consideration of the availability of
online 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. 857. 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
856;
(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 2 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 856.
SEC. 858. 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 856(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. 859. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal year 2008 and
each of the 5 succeeding fiscal years.
PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE
HAWAIIAN STUDENTS.
(a) Purpose.--The purpose of this section is--
(1) to develop or expand programs for the development
of professionals in the fields of science, technology,
engineering, and mathematics; and
(2) to focus resources on meeting the educational and
cultural needs of Alaska Natives and Native Hawaiians.
(b) Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' has
the meaning given the term ``Native'' in section 3(b)
of the Alaska Natives Claims Settlement Act (43 U.S.C.
1602(b)).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a).
(3) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes--
(A) 1 or more colleges or schools of
engineering;
(B) 1 or more colleges of science,
engineering, or mathematics;
(C) 1 or more institutions of higher
education that offer 2-year degrees; and
(D) 1 or more private entities that--
(i) conduct career awareness
activities showcasing local technology
professionals;
(ii) encourage students to pursue
education in science, technology,
engineering, and mathematics from
elementary school through college, and
careers in those fields, with the
assistance of local technology
professionals;
(iii) develop internships,
apprenticeships, and mentoring programs
in partnership with relevant
industries; and
(iv) assist with placement of interns
and apprentices.
(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.--The Secretary is authorized to award
a grant to an eligible partnership to enable the eligible
partnership to expand programs for the development of science,
technology, engineering, or mathematics professionals, from
elementary school through college, including existing programs
for Alaska Native and Native Hawaiian students.
(d) Uses of Funds.--Grant funds under this section shall be
used for 1 or more of the following:
(1) Development or implementation of cultural,
social, or educational transition programs to assist
students to transition into college life and academics
in order to increase such students' retention rates in
the fields of science, technology, engineering, or
mathematics, with a focus on Alaska Native or Native
Hawaiian students.
(2) Development or implementation of academic support
or supplemental educational programs to increase the
graduation rates of students in the fields of science,
technology, engineering, or mathematics, with a focus
on Alaska Native and Native Hawaiian students.
(3) Development or implementation of internship
programs, carried out in coordination with educational
institutions and private entities, to prepare students
for careers in the fields of science, technology,
engineering, or mathematics, with a focus on programs
that serve Alaska Native or Native Hawaiian students.
(4) Such other activities that are consistent with
the purposes of this section.
(e) Application.--Each eligible partnership that desires a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible partnership that
provides 1 or more programs in which 30 percent or more of the
program participants are Alaska Native or Native Hawaiian.
(g) Period of Grant.--A grant under this section shall be
awarded for a period of 5 years.
(h) Evaluation and Report.--Each eligible partnership that
receives a grant under this section shall conduct an evaluation
to determine the effectiveness of the programs funded under the
grant and shall provide a report regarding the evaluation to
the Secretary not later than 6 months after the end of the
grant period.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008 and each of the 5 succeeding
fiscal years.
PART L--PILOT PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES
SEC. 865. PILOT PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES.
(a) Definitions.--In this section:
(1) Institution of higher education.--Except as
otherwise provided in this section, the term
``institution of higher education'' means an
institution of higher education, as defined in section
101, that provides a 1- or 2-year program of study
leading to a degree or certificate.
(2) Eligible student.--The term ``eligible student''
means a student who--
(A) meets the requirements of section 484(a);
(B) is enrolled at least half time;
(C) is not younger than age 19 and not older
than age 33;
(D) is the parent of at least 1 dependent
child, which dependent child is age 18 or
younger;
(E) has a family income below 200 percent of
the poverty line;
(F) has a secondary school diploma or its
recognized equivalent, and earned a passing
score on a college entrance examination; and
(G) does not have a degree or occupational
certificate from an institution of higher
education, as defined in section 101 or 102(a).
(b) Program Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to institutions of higher
education to enable the institutions of higher education to
provide additional monetary and nonmonetary support to eligible
students to enable the eligible students to maintain enrollment
and complete degree or certificate programs.
(c) Uses of Funds.--
(1) Required uses.--Each institution of higher
education receiving a grant under this section shall
use the grant funds--
(A) to provide scholarships in accordance
with subsection (d); and
(B) to provide counseling services in
accordance with subsection (e).
(2) Allowable uses of funds.--Grant funds provided
under this section may be used--
(A) to conduct outreach to make students
aware of the scholarships and counseling
services available under this section and to
encourage the students to participate in the
program assisted under this section;
(B) to provide gifts of $20 or less, such as
a store gift card, to applicants who complete
the process of applying for assistance under
this section, as an incentive and as
compensation for the student's time; and
(C) to evaluate the success of the program.
(d) Scholarship Requirements.--
(1) In general.--Each scholarship awarded under this
section shall--
(A) be awarded for 1 academic year;
(B) be awarded in the amount of $1,000 for
each of 2 semesters (prorated for quarters), or
$2,000 for an academic year;
(C) require the student to maintain during
the scholarship period at least half-time
enrollment and a 2.0 or C grade point average;
and
(D) be paid in increments of--
(i) $250 upon enrollment (prorated
for quarters);
(ii) $250 upon passing midterm
examinations (prorated for quarters);
and
(iii) $500 upon passing courses
(prorated for quarters).
(2) Number.--An institution may award an eligible
student not more than 2 scholarships under this
section.
(e) Counseling Services.--
(1) In general.--Each institution of higher education
receiving a grant under this section shall use the
grant funds to provide students at the institution with
a counseling staff dedicated to students participating
in the program under this section. Each such counselor
shall--
(A) have a caseload of less than 125
students;
(B) use a proactive, team-oriented approach
to counseling;
(C) hold a minimum of 2 meetings with
students each semester; and
(D) provide referrals to and follow-up with
other student services staff, including
financial and career services.
(2) Counseling services availability.--The counseling
services provided under this section shall be available
to participating students during the daytime and
evening hours.
(f) Application.--An institution of higher education that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require,
including--
(1) the number of students to be served under this
section;
(2) a description of the scholarships and counseling
services that will be provided under this section; and
(3) a description of how the program under this
section will be evaluated.
(g) Period of Grant.--The Secretary may award a grant under
this section for a period of 5 years.
(h) Evaluation.--
(1) In general.--Each institution of higher education
receiving a grant under this section shall conduct an
annual evaluation of the impact of the grant and shall
provide the evaluation to the Secretary. The Secretary
shall disseminate to the public the findings,
information on best practices, and lessons learned,
with respect to the evaluations.
(2) Random assignment research design.--The
evaluation shall be conducted using a random assignment
research design with the following requirements:
(A) When students are recruited for the
program, all students will be told about the
program and the evaluation.
(B) Baseline data will be collected from all
applicants for assistance under this section.
(C) Students will be assigned randomly to 2
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.
(3) Previous cohorts.--In conducting the evaluation
for the second and third years of the program, each
institution of higher education shall include
information on previous cohorts of students as well as
students in the current program year.
(i) Authorization of Appropriations.--There
are authorized to be appropriated to carry out
this section such sums as may be necessary for
fiscal year 2008 and each of the 5 succeeding
fiscal years.
PART M--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
SEC. 871. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to institutions of
higher education or consortia of institutions of higher
education to enable institutions of higher education or
consortia to pay the Federal share of the cost of
carrying out the authorized activities described in
subsection (c).
(2) Consultation with the attorney general and the
secretary of homeland security.--Where appropriate, the
Secretary shall award grants under this section in
consultation with, the Attorney General of the United
States and the Secretary of Homeland Security.
(3) Duration.--The Secretary shall award each, grant
under this section for a period of 2 years.
(4) Limitation on institutions and consortia.--An
institution of higher education or consortium shall be
eligible for only 1 grant under this section.
(b) Federal Share, Non-Federal Share.--
(1) In general.--The Federal share shall be 50
percent.
(2) Non-federal share.--The institution of higher
education or consortium shall provide the non-Federal
share, which may be provided from other Federal, State,
and local resources dedicated to emergency preparedness
and response.
(c) Authorized Activities.--Each institution of higher
education or consortium receiving a grant under this section
may use the grant funds to carry out 1 or more of the
following:
(1) Developing and implementing a state-of-the-art
emergency communications system for each campus of an
institution of higher education or consortium, in order
to contact students via cellular, text message, or
other state-of-the-art communications methods when a
significant emergency or dangerous situation occurs. An
institution or consortium using grant funds to carry
out this paragraph shall also, in coordination with the
appropriate State and local emergency management
authorities--
(A) develop procedures that students,
employees, and others on a campus of an
institution of higher education or consortium
will be directed to follow in the event of a
significant emergency or dangerous situation;
and
(B) develop procedures the institution of
higher education or consortium shall follow to
inform, within a reasonable and timely manner,
students, employees, and others on a campus in
the event of a significant emergency or
dangerous situation, which procedures shall
include the emergency communications system
described in this paragraph.
(2) Supporting measures to improve safety at the
institution of higher education or consortium, such
as--
(A) security assessments;
(B) security training of personnel and
students at the institution of higher education
or consortium;
(C) where appropriate, coordination of campus
preparedness and response efforts with local
law enforcement, local emergency management
authorities, and other agencies, to improve
coordinated responses in emergencies among such
entities; and
(D) establishing a hotline that allows a
student or staff member at an institution or
consortium to report another student or staff
member at the institution or consortium who the
reporting student or staff member believes may
be a danger to the reported student or staff
member or to others.
(3) Coordinating with appropriate local entities the
provision of, mental health services for students
enrolled in the institution of higher education or
consortium, including mental health crisis response and
intervention services, to individuals affected by a
campus or community emergency.
(d) Application.--Each institution of higher education or
consortium desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(e) Technical Assistance.--The Secretary shall coordinate
technical assistance provided by State and local emergency
management agencies, the Department of Homeland Security, and
other agencies as appropriate, to institutions of higher
education or consortia that request assistance in developing
and implementing the activities assisted under this section.
(f) Rule of Construction.--Nothing in this section shall be
construed--
(1) to provide a private right of action to any
person to enforce any provision of this section;
(2) to create a cause of action against any
institution of higher education or any employee of the
institution for any civil liability; or
(3) to affect the Family Educational Rights and
Privacy Act of 1974 or the regulations issued under
section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008 and each of the 5 succeeding
fiscal years.
SEC. 872. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND PRACTICES.
The Secretary of Education, the Attorney General of the
United States, and the Secretary of Homeland Security shall
jointly have the authority--
(1) to advise institutions of higher education on
model emergency response policies, procedures, and
practices; and
(2) to disseminate information concerning those
policies, procedures, and practices.
* * * * * * *
EDUCATION OF THE DEAF ACT OF 1986
* * * * * * *
TITLE I--GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF; OTHER PROGRAMS
PART A--GALLAUDET UNIVERSITY
SEC. 101. [20 U.S.C. 4301] CONTINUATION OF GALLAUDET COLLEGE AS
GALLAUDET UNIVERSITY.
(a) Gallaudet University.--* * *
* * * * * * *
SEC. 104. [ELEMENTARY AND SECONDARY EDUCATION PROGRAMS]. LAURENT CLERC
NATIONAL DEAF EDUCATION CENTER
(a) General Authority.--(1)(A) The Board of Trustees of
Gallaudet University is authorized, in accordance with the
agreement under section 105, to maintain and operate the
Laurent Clerc National Deaf Education Center (referred to in
this section as the ``Clerc Center'' to carry out exemplary
elementary and secondary education programs, projects, and
activities for the primary purpose of developing, evaluating,
and disseminating innovative curricula, instructional
techniques and strategies, and materials that can be used in
various educational environments serving individuals who are
deaf or hard of hearing throughout the Nation.
* * * * * * *
(b) Administrative Requirements.--
(1) The [elementary and secondary education programs]
Clerc Center shall--
(A) * * *
* * * * * * *
(2) To the extent possible, the [elementary and
secondary education programs] Clerc Center shall
provide the services required under paragraph (1)(B) in
an equitable manner, based on the national distribution
of students who are deaf or hard of hearing in
educational environments as determined by the Secretary
for purposes of section 618(a)(1) \1\ of the
Individuals with Disabilities Education Act. Such
educational environments shall include--
(A) * * *
* * * * * * *
(4) * * *
* * * * * * *
(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) and whether the programs at
the Clerc Center are making adequate yearly
progress, as determined under subparagraph (B).
* * * * * * *
SEC. 105. AGREEMENT WITH GALLAUDET UNIVERSITY.
(a) General Authority.--* * *
* * * * * * *
(b) Provisions of Agreement.--The agreement shall--
(1) * * *
* * * * * * *
(4) provide that any laborer or mechanic employed by
any contractor or subcontractor in the performance of
work on any construction aided by Federal funds
appropriated for the benefit of the Kendall
Demonstration Elementary School or the Model Secondary
School for the Deaf will be paid wages at rates not
less than those prevailing on similar construction in
the locality as determined by the Secretary of Labor in
accordance with [the Act of March 3, 1931 (40 U.S.C.
276a-276a-5) commonly referred to as the Davis-Bacon
Act]subchapter IV of chapter 31 of title 40, United
States Code, commonly referred to as the Davis-Bacon
Act; except that the Secretary of Labor shall have,
with respect to the labor standards specified in this
paragraph, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.)
and [section 2 of the Act of June 13, 1934 (40 U.S.C.
276c)]section 3145 of title 40, United States Code; and
PART B--NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
SEC. 111. [20 U.S.C. 4331] AUTHORITY.
* * * * * * *
SEC. 112. [20 U.S.C. 4332] AGREEMENT FOR THE NATIONAL TECHNICAL
INSTITUTE FOR THE DEAF.
(a) General Authority.--
(1) The Secretary is authorized to establish or
continue an agreement with [an institution of higher
education]the Rochester Institute of Technology,
Rochester, New York for the establishment and
operation, including construction and equipment, [of
a]of the National Technical Institute for the Deaf.
[The Secretary, in considering proposals from
institutions of higher education to enter into an
agreement under this part, shall give preference to
institutions which are located in metropolitan
industrial areas.]
(2) Notwithstanding the requirement under paragraph
(1), if the Secretary or the Rochester Institute of
Technology terminates the agreement under paragraph
(1), the Secretary shall consider proposals from other
institutions of higher education and enter into an
agreement with 1 of such institutions for the
establishment and operation of a National Technical
Institution for the Deaf.
[(2)](3) * * *
* * * * * * *
(b) Provisions of Agreement.--The agreement shall--
(1) * * *
* * * * * * *
(3) provide that the Board of Trustees or other
governing body of the institution will prepare and
submit to the Secretary, not later than June 1
following the fiscal year for which the report is
submitted, an annual report containing an accounting of
all indirect costs paid to the institution of higher
education under the agreement with the Secretary, which
accounting the Secretary shall transmit to the
[Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate]Committee on Health, Education,
Labor, and Pensions of the Senate, with such comments
and recommendations as the Secretary may deem
appropriate;
* * * * * * *
(5) provide that any laborer or mechanic employed by
any contractor or subcontractor in the performance of
work on any construction aided by Federal funds
appropriated for the benefit of NTID will be paid wages
at rates not less than those prevailing on similar
construction in the locality as determined by the
Secretary of Labor in accordance with [the Act of March
3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as
the Davis-Bacon Act]subchapter IV of chapter 31 of
title 40, United States Code, commonly referred to as
the Davis-Bacon Act; except that the Secretary of Labor
shall have, with respect to the labor standards
specified in this paragraph, the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (5 U.S.C. App.) and [section 2 of the Act of
June 13, 1934 (40 U.S.C. 276c)]section 3145 of title
40, United States Code; and
* * * * * * *
(c) * * *
* * * * * * *
PART C--OTHER PROGRAMS
SEC. 121. CULTURAL EXPERIENCES GRANTS.
(a) In General.--The Secretary shall, 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 2007 and each of the 5 succeeding
fiscal years.
* * * * * * *
TITLE II--GENERAL PROVISIONS
SEC. 201. [20 U.S.C. 4351] DEFINITIONS.
* * * * * * *
SEC. 203. [20 U.S.C. 43531] AUDIT.
(a) General Accounting Office Authority.--* * *
* * * * * * *
(b) Independent Financial and Compliance Audit.--
(1) In general.--* * *
(2) Compliance.--As used in paragraph (1), compliance
means compliance with [sections 102(b), 105(b)(4),
112(b)(5), and 203(c), paragraphs (2) and (3) of
section 207(b), subsections (b)(2), (b)(3), and (c)
through (f), of section 207, and subsections (b) and
(c) of section 210.]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.
(3) Submission of Audits.--A copy of each audit
described in paragraph (1) shall be provided to the
Secretary and the Committee on Education and Labor of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate
within 15 days of acceptance of the audit by the
University or the institution authorized to establish
and operate the NTID under section 112(a), as the case
may be, but not later than January 10 of each year.
(c) Limitations Regarding Expenditure of Funds.--
(1) In general.--* * *
* * * * * * *
(2) Policies.--
(A) Not later than 180 days after the date of
the enactment of the Education of the Deaf Act
Amendments of 1992, the University and NTID
shall develop policies, to be applied
uniformly, for the allowability of expenditures
for each institution. These policies should
reflect the unique nature of these
institutions. The principles established by the
Office of Management and Budget for costs of
educational institutions may be used as
guidance in developing these policies. General
principles relating to allowability and
reasonableness of all costs associated with the
operations of the institutions shall be
addressed. These policies shall be submitted to
the Secretary for review and comments, and to
the Committee on Education and Labor of the
House of Representatives and the [Committee on
Labor and Human Resources of the
Senate]Committee on Health, Education, Labor,
and Pensions of the Senate.
* * * * * * *
SEC. 204. [20 U.S.C. 43541] REPORTS.
The Board of Trustees of Gallaudet University and the Board
of Trustees or other governing body of the institution of
higher education with which the Secretary has an agreement
under section 112 shall prepare and submit an annual report to
the Secretary, and to the Committee on Education and Labor of
the House of Representatives and the [Committee on Labor and
Human Resources of the Senate]Committee on Health, Education,
Labor, and Pensions of the Senate, not later than 100 days
after the end of each fiscal year, which shall include the
following:
(1) The number of students during the preceding
academic year who enrolled and whether these were
first-time enrollments, who graduated, who found
employment, or who left without completing a program of
study, reported under each of the programs of the
university (elementary, secondary,
[preparatory,]undergraduate, and graduate) and of NTID.
(2) * * *
(A) * * *
* * * * * * *
(C) The disposition of these students [upon
graduation/completion]on the date that is 1
year after the date of graduation or completion
of programs at NTID and at the University and
its element and secondary schools in comparison
to students from non-minority backgrounds.
* * * * * * *
(3)(A) A summary of the annual audited financial
statements and auditor's report of the University, as
required under statements 203, and (B) a summary of the
annual audited financial statements and auditor's
report [of the institution of higher education with
which the Secretary has an agreement under section 112,
including specific schedules and analyses for all NTID
funds, as required under section 203, and such
supplementary schedules presenting financial
information for NTID for the end of the Federal fiscal
year as determined by the Secretary.]of NTID programs
and activities.
* * * * * * *
SEC. 205. [20 U.S.C. 4355] MONITORING, EVALUATION, AND REPORTING.
(a) Activities.--* * *
(b) Report.--[The Secretary, as part of the annual report
required under section 426 of the Department of Education
Organization Act, shall include a description of]The Secretary
shall annually transmit information to Congress on the
monitoring and evaluation activities pursuant to subsection
(a), together with such recommendations, including
recommendations for legislation, as the Secretary may consider
necessary.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the [fiscal years 1998 through 2003]fiscal years 2008 through
2013 to carry out the monitoring and evaluation activities
authorized under this section.
* * * * * * *
SEC. 206. [20 U.S.C. 4356] LIAISON FOR EDUCATIONAL PROGRAMS.
(a) Designation of Liaison.--[Not later than 30 days after
the date of enactment of this Act, the]The Secretary shall
designate an individual in the Office of Special Education and
Rehabilitative Services of the Department of Education from
among individuals who have experience in the education of
individuals who are deaf to serve as liaison between the
Department and Gallaudet University, the National Technical
Institute for the Deaf, and other postsecondary educational
programs for individuals who are deaf under the Individuals
with Disabilities Education Act, the Rehabilitation Act of
1973, and other Federal or non-Federal agencies, institutions,
or organizations involved with the education or rehabilitation
of individuals who are deaf or hard of hearing.
* * * * * * *
SEC. 207. [20 U.S.C. 4357] FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET
UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE FOR
THE DEAF.
(a) Establishment of Programs.--* * *
* * * * * * *
(h) Authorization of Appropriations.--
(1) In the case of the University, there are
authorized to be appropriated for the purposes of this
section such sums as may be necessary for each of the
[fiscal years 1998 through 2003]fiscal years 2008
through 2013..
(2) In the case of NTID, there are authorized to be
appropriated for the purposes of this section such sums
as may be necessary for each of the [fiscal years 1998
through 2003]fiscal years 2008 through 2013.
* * * * * * *
SEC. 208. [20 U.S.C. 4359] OVERSIGHT AND EFFECT OF AGREEMENTS.
(a) Oversight Activities.--Nothing in this Act shall be
construed to diminish the oversight activities of the
[Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives] Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate with respect to any agreement
entered into between the Secretary of Education and Gallaudet
University, and the institution of higher education with which
the Secretary has an agreement under part B of title I.
* * * * * * *
SEC. 209. [20 U.S.C. 4359A] INTERNATIONAL STUDENTS.
(a) Enrollment.--[Effective with]
(1) In general._Except as provided in paragraph (2),
effective with new admissions for academic year 1993-
1994 and each succeeding academic year, the University
(including [preparatory, undergraduate,]undergraduate
and graduate students) and NTID shall limit the
enrollment of international students to approximately
15 percent of the total postsecondary student
population enrolled respectively at the University or
NTID, except that in any school year no United States
citizen who is qualified to be admitted to the
University or NTID and applies for admission to the
University or NTID shall be denied admission because of
the admission of an international student.
(2) Distance learning.--International students who
participate in distance learning courses that are at
NTID or the University and who are residing outside of
the United States shall--
(A) not be counted as international students
for purposes of the cap on international
students under paragraph (1), except that in
any school year no United States citizen who
applies to participate in distance learning
courses that are at the University or NTID
shall be denied participation in such courses
because of the participation of an
international student in such courses; and
(B) not be charged a tuition surcharge, as
described in subsection (b).
[(b) Tuition Surcharge.--Effective with new admissions, the
tuition for postsecondary international students enrolled in
the University (including preparatory, undergraduate, and
graduate students) or NTID shall include a surcharge of 100
percent for the academic year 1999-2000 and any succeeding
academic year.
[(c) Reduction of Surcharge.--Beginning with the academic
year 1993-1994, the University or NTID may reduce the surcharge
under subsection (b) to 50 percent if--
[(1) a student described under subsection (b) is from
a developing country;
[(2) such student is unable to pay the tuition
surcharge under subsection (b); and
[(3) such student has made a good faith effort to
secure aid rough such student's government or other
sources.
[(d) Definition.--For purposes of subsection (c), the term
``developing country'' means a country that has a 1990 per
capita income not in excess of $4,000 in 1990 United States
dollars.]
(b) Tuition Surcharge.--Except as provided in subsections
(a)(2)(B) and (c), the tuition for postsecondary international
students enrolled in the University (including undergraduate
and graduate students) or NTID shall include, for academic year
2008-2009 and any succeeding academic year, a surcharge of--
(1) 100 percent for a postsecondary international
student from, a non-developing country; and
(2) 50 percent for a postsecondary international
student from a non-developing country.
(c) Reduction of Surcharge.--
(1) In general.--Beginning with the academic year
2008-2009, the University or NTID may reduce the
surcharge--
(A) under subsection (b)(1) from. 100 percent
to not less than 50 percent if--
(i) a student described under
subsection (b)(1) demonstrates need;
and
(ii) such student has made a good
faith effort to secure aid through such
student's government or other sources;
and
(B) under subsection (b)(2) from 50 percent
to not less than 25 percent if--
(i) a student described under
subsection (b)(2) demonstrates need;
and
(ii) such student has made a good
faith effort to secure aid through such
student's government or other sources.
(2) Development of sliding scale.--The University and
NTID shall develop a sliding scale model that--
(A) will be used to determine the amount of a
tuition surcharge reduction pursuant to
paragraph (1); and
(B) shall be approved by the Secretary.
(d) Definition.--In this section, the term ``developing
country'' means a country with a per-capita income of not more
than $4,825, measured in 1999 United States dollars, as
adjusted by the Secretary to reflect inflation since 1999.
* * * * * * *
SEC. 210. [20 U.S.C. 4359B] RESEARCH PRIORITIES.
(a) Research Priorities.--* * *
* * * * * * *
(b) Research Reports.--The University and NTID shall each
prepare and submit an annual research report, to the Secretary,
the [Committee on Education and the Workforce of the House of
Representatives, and the Committee on Labor and Human Resources
of the Senate]Committee on Education and Labor of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate, not later than January 10 of each
year, that shall include--
SEC. 212. [20 U.S.C. 4360A] AUTHORIZATION OF APPROPRIATIONS.
(a) Gallaudet University.--There are authorized to be
appropriated such sums as may be necessary for each of the
[fiscal years 1998 through 2003]fiscal years 2008 through 2013
to carry out the provisions of title I and this title, relating
to--
* * * * * * *
(b) National Technical Institute for the Deaf.--There are
authorized to be appropriated such sums as may be necessary for
each of the [fiscal years 1998 through 2003]fiscal years 2008
through 2013 to carry out the provisions of title I and this
title relating to the National Technical Institute for the
Deaf.
* * * * * * *
UNITED STATED INSTITUTE OF PEACE ACT
TITLE 22, UNITED STATES CODE
* * * * * * *
Sec. 4604. Powers and duties
(a) District of Columbia Nonprofit-Corporative Powers.--
* * * * * * *
(b) Description of Specific Activities.--The Institute,
acting through the Board, may--
(1) * * *
* * * * * * *
(3) establish a Jeannette Rankin Research Program on
Peace to conduct research and make studies,
particularly of an interdisciplinary or of a
multidisciplinary nature, into the causes of war and
other international conflicts and the elements of peace
among the nations and peoples of the world, including
peace theories, methods, techniques, programs, and
systems, and into the experiences of the United States
and other nations in resolving conflicts with justice
and dignity and without violence as they pertain to the
advancement of international peace and conflict
resolution, placing particular emphasis on realistic
approaches to past successes and failures in the quest
for peace and arms control and utilizing to the maximum
extent possible United States Government documents and
classified materials from the Department of State, the
Department of Defense, [the Arms Control and
Disarmament Agency,]and the intelligence community;
* * * * * * *
Sec. 4605. Board of Directors
(a) Vested Powers.--
* * * * * * *
(d) Qualifications.--
(1) Each individual appointed to the Board under
subsection [(b)(5)](b)(4) of this section shall have
appropriate practical or academic experience in peace
and conflict resolution efforts of the United States.
(2) Officers and employees of the United States
Government may not be appointed to the Board under
subsection [(b)(5)](b)(4) of this section.
(e) Term of Office: Commencement and Termination, Interim
and Remainder Service, Limitation.--
(1) Members of the Board appointed section shall be
appointed under subsection [(b)(5)](b)(4) of this
section shall be appointed to four year terms, except
that--
(A) * * *
* * * * * * *
(2) The terms of the members of the Board initially
appointed under subsection [(b)(5)](b)(4) of this
section shall begin on January 20, 1985, and subsequent
terms shall begin upon the expiration of the preceding
term, regardless of when a member is appointed to fill
that term.
(3) The President may not nominate an individual for
appointment to the Board under subsection
[(b)(5)](b)(4) of this section prior to January 20,
1985, but shall submit the names of eleven nominees for
initial Board membership under subsection
[(b)(5)](b)(4) of this section not later than ninety
days after that date. If the Senate rejects such a
nomination or if such a nomination is withdrawn, the
President shall submit the name of a new nominee within
fifteen days.
(4) An individual appointed as a member of the Board
under subsection [(b)(5)](b)(4) of this section may not
be appointed to more than two terms on the Board.
(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.
(f) Removal From Office.--A member of the Board appointed
under subsection [(b)(5)](b)(4) of the section may be removed
by the President--
(1) * * *
* * * * * * *
(h) Meetings; Chairman; Vice Chairman; Quorum; Notice in
Federal Register; Closure.--Meetings of the Board shall be
conducted as follows:
(1) The President shall stipulate by name the nominee
who shall be the first Chairman of the Board. The first
Chairman shall serve for a term of three years.
Thereafter, the Board shall elect a Chairman every
three years from among the directors appointed by the
President under subsection [(b)(5)](b)(4) of this
section and may elect a Vice Chairman if so provided by
the Institute's bylaws.
* * * * * * *
(i) Compensation.--A director appointed by the President
under subsection [(b)(5)](b)(4) of this section shall be
entitled to receive the daily equivalent of the annual rate of
basic pay in effect for grade GS-18 of the General Schedule
under section 5332 of Title 5 for each day during which the
director is engaged in the performance of duties as a member of
the Board.
* * * * * * *
Sec. 4609. Funding
(a) Authorization of Appropriations.--
(I) In general.--For the purpose of carrying out this
chapter, there are authorized [to be appropriated
$15,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal
years.]to be appropriated such sums as may be necessary
for fiscal years 2008 through 2013.
* * * * * * *
(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.
* * * * * * *
HIGHER EDUCATION AMENDMENTS OF 1998
* * * * * * *
PART D--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS
SEC. 821. [20 U.S.C. 1151] GRANTS TO STATES FOR WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH
OFFENDERS.
[(a) Findings.--Congress makes the following findings:
[(1) Over 150,000 youth offenders age 21 and younger
are incarcerated in the Nation's jails, juvenile
facilities, and prisons.
[(2) Most youth offenders who are incarcerated have
been sentenced as first-time adult felons.
[(3) Approximately 75 percent of youth offenders are
high school dropouts who lack basic literacy and life
skills, have little or no job experience, and lack
marketable skills.
[(4) The average incarcerated youth has attended
school only through grade 10.
[(5) Most of these youths can be diverted from a life
of crime into productive citizenship with available
educational, vocational, work skills, and related
service programs.
[(6) If not involved with educational programs while
incarcerated, almost all of these youths will return to
a life of crime upon release.
[(7) The average length of sentence for a youth
offender is about 3 years. Time spent in prison
provides a unique opportunity for education and
training.
[(8) Even with quality education and training
provided during incarceration, a period of intense
supervision, support, and counseling is needed upon
release to ensure effective reintegration of youth
offenders into society.
[(9) Research consistently shows that the vast
majority of incarcerated youths will not return to the
public schools to complete their education.
[(10) There is a need for alternative educational
opportunities during incarceration and after release.
[(b) Definition.--For purposes of this part, the term
``youth offender'' means a male or female offender under the
age of 25, who is incarcerated in a State prison, including a
prerelease facility.
[(c) Grant Program.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall establish a
program in accordance with this section to provide grants to
the State correctional education agencies in the States, from
allocations for the States under subsection (i), to assist and
encourage incarcerated youths to acquire functional literacy,
life, and job skills, through the pursuit of a postsecondary
education certificate, or an associate of arts or bachelor's
degree while in prison, and employment counseling and other
related services which start during incarceration and continue
through prerelease and while on parole.
[(d) Application.--To be eligible for a grant under this
section, a State correctional education agency shall submit to
the Secretary a proposal for a youth offender program that--
[(1) identifies the scope of the problem, including
the number of incarcerated youths in need of
postsecondary education and vocational 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 the evaluation methods and performance
measures that the State correctional education agency
will employ, which methods and measures--
[(A) shall be appropriate to meet the goals
and objectives of the proposal; and
[(B) shall include measures of--
[(i) program completion;
[(ii) student academic and vocational
skill attainment;
[(iii) success in job placement and
retention; and
[(iv) recidivism;
[(5) describes how the proposed programs are to be
integrated with existing State correctional education
programs (such as adult education, graduate education
degree programs, and vocational training) and State
industry programs;
[(6) addresses the educational needs of youth
offenders who are in alternative programs (such as boot
camps); and
[(7) describes how students will be selected so that
only youth offenders eligible under subsection (f) will
be enrolled in postsecondary programs.
[(e) Program Requirements.--Each State correctional
education agency receiving a grant under this section shall--
[(1) integrate activities carried out under the grant
with the objectives and activities of the school-to-
work programs of such State, including--
[(A) work experience or apprenticeship
programs;
[(B) transitional worksite job training for
vocational education students that is related
to the occupational goals of such students and
closely linked to classroom and laboratory
instruction;
[(C) placement services in occupations that
the students are preparing to enter;
[(D) employment-based learning programs; and
[(E) programs that address State and local
labor shortages;
[(2) annually report to the Secretary and the
Attorney General on the results of the evaluations
conducted using the methods and performance measures
contained in the proposal; and
[(3) provide to each State for each student eligible
under subsection (f) not more than $1,500 annually for
tuition, books, and essential materials, and not more
than $300 annually for related services such as career
development, substance abuse counseling, parenting
skills training, and health education, for each
eligible incarcerated youth.
[(f) Student Eligibility.--A youth offender shall be
eligible for participation in a program receiving a grant under
this section if the youth offender--
[(1) is eligible to be released within 5 years
(including a youth offender who is eligible for parole
within such time); and
[(2) is 25 years of age or younger.
[(g) Length of Participation.--A State correctional
education agency receiving a grant under this section shall
provide educational and related services to each participating
youth offender for a period not to exceed 5 years, 1 year of
which may be devoted to study in a graduate education degree
program or to remedial education services for students who have
obtained a secondary school diploma or its recognized
equivalent. Educational and related services shall start during
the period of incarceration in prison or prerelease and may
continue during the period of parole.
[(h) 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.
[(i) Allocation of Funds.--From the funds appropriated
pursuant to subsection (j) 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 (f) in such State bears to the total
number of such students in all States.
[(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $17,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years.]
SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH
OFFENDERS.
(a) Definition.--In this section, the term ``youth
offender'' means a male or female offender under the age of 35,
who is 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, from allocations for
the States under subsection (h), to assist and
encourage youth offenders to acquire functional
literacy, life, and job skills, through--
(A) the pursuit of a postsecondary education
certificate, or an associate or bachelor's
degree while in prison; and
(B) employment counseling and other related
services which start during incarceration and
end not later than 1 year after release from
confinement; and
(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies 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 a youth offender program that--
(1) identifies the scope of the problem, including
the number of youth offenders in need of postsecondary
education and vocational 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 programs are to be
integrated with existing State correctional education
programs (such as adult education, graduate education
degree programs, and vocational training) and State
industry programs;
(6) describes how the proposed programs will have
considered or will utilize technology to deliver the
services under this section; and
(7) describes how students will be selected so that
only youth offenders 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); and
(C) the additional performance objectives and
evaluation methods contained in the proposal
described in subsection (c)(4) as necessary to
document the attainment of project performance
objectives; and
(2) provide to each State 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.--A youth offender shall be
eligible for participation in a program receiving a grant under
this section if the youth offender--
(1) is eligible to be released within 5 years
(including a youth offender 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
youth offender for a period not to exceed 5 years, 1 year of
which may be devoted to study in a graduate education degree
program or to remedial education services for students who have
obtained a secondary school diploma or its recognized
equivalent. 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 1 year 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 2008 through 2013.
PART H--UNDERGROUND RAILROAD
SEC. 841. [20 U.S.C. 1153] UNDERGROUND RAILROAD EDUCATIONAL AND
CULTURAL PROGRAM.
(a) Program Established.--* * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out [this section $6,000,000 for
fiscal year 1999, $6,000,000 for fiscal year 2000, $6,000,000
for fiscal year 2001, $3,000,000 for fiscal year 2002, and
$3,000,000 for fiscal year 2003.]this section such sums as may
be necessary for fiscal years 2008 through 2013.
* * * * * * *
HIGHER EDUCATION AMENDMENTS OF 1992
* * * * * * *
TITLE XV--RELATED PROGRAMS AND AMENDMENTS TO OTHER LAWS
PART E--OLYMPIC SCHOLARSHIPS
SEC. 1543 [20 U.S.C. 1070 NOTE] OLYMPIC SCHOLARSHIPS.
(a) Scholarships Authorized.--
(1) In general.--* * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized
[to be appropriated $5,000,000 for fiscal year 1999 and such
sums as may be necessary for each of the 4 succeeding fiscal
years to carry out this section.]to be appropriated such sums
as may be necessary for fiscal years 2008 through 2013.
* * * * * * *
TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978
(P.L. 95-471)
[Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, [25
U.S.C. 1801 note] That this Act may be cited as the ``Tribally
Controlled College or University Assistance Act of 1978''.]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribally Controlled Colleges
and Universities Assistance Act of 1978''.
* * * * * * *
DEFINITIONS
Sec. 2. [25 U.S.C. 1801](a) For purposes of this Act, the
term--
(1) * * *
* * * * * * *
(6) ``national Indian organization'' means an
organization which the Secretary finds is nationally
based, represents a substantial Indian constituency,
and has expertise [in the field of Indian education]in
the fields of tribally controlled colleges and
universities and Indian higher education;
(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;
[(7)](8) * * *
[(8)](9) * * *
* * * * * * *
(b) The following conditions shall apply for the purpose of
determining the Indian student count pursuant to [paragraph (7)
of subsection (a)]subsection (a)(8);
* * * * * * *
[(5) Credits earned in a continuing education program
shall be converted to a credit-hour basis in accordance
with the tribally controlled college or university's
system for providing credit for participation in such
program.]
(5) Determination of credits.--Eligible credits
earned in a continuing education program--
(A) shall be determined as 1 credit for every
10 contact hours in the case of an institution
on a quarter system, or 15 contact hours in the
case of an institution on a semester system, of
participation in an organized continuing
education experience under responsible
sponsorship, capable direction, and qualified
instruction, as described in the criteria
established by the International Association
for Continuing Education and Training; and
(B) shall be limited to 10 percent of the
Indian student count of a tribally controlled
college or university.
[(6) No credit hours earned by an Indian student who is
not making satisfactory progress toward a degree or
certificate, shall be taken into account.]
* * * * * * *
ELIGIBLE GRANT RECIPIENTS
Sec. 103. [25 U.S.C. 1804] * * *
(1) * * *
(2) demonstrates adherence to stated goals, a
philosophy, or a plan of operation which is directed to
meet the needs of Indians; and
(3) if in operation for more than one year, has
students a majority of whom are Indians[.] ;and
(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.
* * * * * * *
[TECHNICAL ASSISTANCE CONTRACTS
[Sec. 105. [25 U.S.C. 1805] The Secretary shall]
SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.
(a) Technical Assistance.--
(1) In general._The Secretary shall provide, upon
request from a tribally controlled college or
university which is receiving funds under section 108,
technical assistance either directly or through
contract. [In the awarding of contracts for technical
assistance, preference shall be given]
(2) Designated organization._The Secretary shall
require that a contract for technical assistance under
paragraph (1) shall be awarded to an organization
designated by the tribally controlled college or
university to be assisted. [No authority]
(b) Effect of Section._No authority to enter into contracts
provided by this section shall be effective except to the
extent authorized in advance by appropriations Acts.
* * * * * * *
AMOUNT OF GRANTS
Sec. 108. [25 U.S.C. 1808 (a) Except as provided in section
111,](a) Requirement._
(1) In general._Except as provided in paragraph (2) and
section 111, the Secretary shall, subject to appropriations,
grant for each academic year to each tribally controlled
college or university having an application approved by [him]
the Secretary an amount equal to the [product of]product
obtained by multiplying--
[(1)](A) the Indian student count at such
college or university during the academic year
preceding the academic year for which such
funds are being made available, as determined
by the Secretary in accordance with [section
2(a)(7)]section 2(a)(8); and
[(2)](B) [$6,000,]$8,000, as adjusted
annually for inflation.
[except that no grant shall exceed the total cost of the
education program provided by such college or university.]
(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.
* * * * * * *
APPROPRIATION AUTHORIZATION
Sec. 110. [25 U.S.C. 1810] (a)(1) There is authorized to be
appropriated, for the purpose of carrying out section 105,
$3,200,000 for fiscal year [1999] 2008 and such sums as may be
necessary for each of the [4 succeeding]5 succeeding fiscal
years.
(2) There is authorized to be appropriated for the
purpose of carrying out section 107, [$40,000,000]such
sums as may be necessary for fiscal year [1999]2008 and
such sums as may be necessary for each of the [4
succeeding]5 succeeding fiscal years.
(3) There is authorized to be appropriated for the
purpose of carrying out sections 112(b) and 113,
[$10,000,000] such sums as may be necessary for fiscal
year [1999]2008 and such sums as may be necessary for
each of the [4 succeeding]5 succeeding fiscal years.
(4) Funds appropriated pursuant to the authorizations
under this section for the fiscal year [1999]2008 and
for each of the [succeeding 4]5 succeeding fiscal years
shall be transferred by the Secretary of the Treasury
through the most expeditious method available, with
each of the tribally controlled colleges or
universities being designated as its own certifying
agency.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 306. [25 U.S.C. 1836] (a) There are authorized to be
appropriated to carry out the provisions of this title,
$10,000,000 for fiscal year [1999]2008 and such sums as may be
necessary for each of the [4 succeeding]5 succeeding fiscal
years.
* * * * * * *
SEC. 403. [25 U.S.C. 1852] AUTHORIZATION OF APPROPRIATIONS.
* * * * * * *
Subtitle V--Tribally Controlled Postsecondary Career and Technical
Institutions
SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTION.
In this title, the term ``tribally controlled postsecondary
career and technical institution'' has the meaning given the
term in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS PROGRAM.
(a) In General.--Subject to the availability of
appropriations, for fiscal year 2008 and each fiscal year
thereafter, the Secretary shall--
(1) subject to subsection (b), select 2 tribally
controlled postsecondary career and technical
institutions to receive assistance under this title;
and
(2) provide funding to the selected tribally
controlled postsecondary career and technical
institutions to pay the costs (including institutional
support costs) of operating postsecondary career and
technical education programs for Indian students at the
tribally controlled postsecondary career and technical
institutions.
(b) Selection of Certain Institutions.--
(1) Requirement.--For each fiscal year during which
the Secretary determines that a tribally controlled
postsecondary career and technical institution
described in paragraph (2) meets the definition
referred to in section 501, the Secretary shall select
that tribally controlled postsecondary career and
technical institution under subsection (a)(1) to
receive funding under this section.
(2) Institutions.--The 2 tribally controlled
postsecondary career and technical institutions
referred to in paragraph (1) are--
(A) the United Tribes Technical College, and
(B) the Navajo Technical College.
(c) Method of Payment.--For each applicable fiscal year,
the Secretary shall provide funding under this section to each
tribally controlled postsecondary career and technical
institution selected for the fiscal year under subsection
(a)(1) in a lump sum payment for the fiscal year.
(d) Distribution.--
(1) In general.--For fiscal year 2009 each fiscal
year thereafter, of amounts made available pursuant to
section 504, The Secretary shall distribute to each
tribally controlled postsecondary career technical
institution selected for the fiscal year under
subsection (a)(1) an amount equal to the greater of--
(A) the total amount appropriated for the
tribally controlled postsecondary career and
technical institution for fiscal year 2006; or
(B) the total amount appropriated for the
tribally controlled postsecondary career and
technical institution for fiscal year 2008.
(2) Excess amounts.--If, for any fiscal year, the
amount made available pursuant to section 504 exceeds
the sum of the amounts required to be distributed under
paragraph (1) to the tribally controlled postsecondary
career and technical institutions selected for the
fiscal year under subsection (a)(1), the Secretary
shall distribute to each tribally controlled
postsecondary career and technical institution selected
for that fiscal year a portion of the excess amount, to
be determined by--
(A) dividing the excess amount by the
aggregate Indian student count (as defined in
section 117(h) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2327(h)) of such institutions for the prior
academic year; and
(B) multiplying the quotient described in
subparagraph (A) by the Indian student count of
each such institution for the prior academic
year.
SEC. 503. APPLICABILITY OF OTHER LAWS.
(a) In General.--Paragraphs (4) and (7) of subsection (a),
and subsection (b), of section 2, sections 105, 108, 111, 112
and 113, and titles II, III, and IV shall not apply to this
title.
(b) Indian Self-Determination and Education Assistance.--
Funds made available pursuant to this title shall be subject to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(c) Election to Receive.--A tribally controlled
postsecondary career and technical institution selected for a
fiscal year under section 502(b) may elect to receive funds
pursuant to section 502 in accordance with an agreement between
the tribally controlled postsecondary career and technical
institution and the Secretary under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) if the agreement is in existence on the date of enactment
of the Higher Education Amendments of 2007.
(d) Other Assistance.--Eligibility for, or receipt of
assistance under this title shall not preclude the eligibility
of a tribally controlled postsecondary career and technical
institutions to receive Federal financial assistance under--
(1) any program under the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.);
(2) any program under the Carl, D. Perkins Career and
Technical Education Act of 2006; or
(3) any other applicable program under which a
benefit is provided for--
(A) institutions of higher education;
(B) community colleges; or
(C) postsecondary educational institutions.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary for fiscal year 2008 and each, fiscal year thereafter
to carry out this title.
* * * * * * *
TRIBAL ECONOMIC DEVELOPMENT AND TECHNOLOGY
RELATED EDUCATION ASSISTANCE ACT OF 1990
TITLE 25, UNITED STATES CODE
* * * * * * *
Sec. 1852. Authorization of appropriations
There are authorized to be appropriated for grants under
this subchapter, [$2,000,000 for fiscal year 1999]such sums as
may be necessary for fiscal year 2008 and such sums as may be
necessary for each of the [4 succeeding]5 succeeding fiscal
years.
* * * * * * *
CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006
* * * * * * *
SEC. 117. [20 U.S.C. 2327] TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS.
[(a) Grants Authorized.--The Secretary shall, subject to
the availability of appropriations, make grants pursuant to
this section to tribally controlled postsecondary career and
technical institutions that are not receiving Federal support
under the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community
College Act (25 U.S.C. 640a et seq.) to provide basic support
for the education and training of Indian students.]
(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 College or
University Assistance Act of 1978 (25 U.S.C. 1802 et
seq.); or
(2) the Navajo Community College Act (25 U.S.C. 640a
et seq.).
* * * * * * *
[(d) Applications.--Any tribally controlled postsecondary
career and technical institution that is not receiving Federal
support under the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo
Community College Act (25 U.S.C. 640a et seq.) that desires to
receive a grant under this section shall submit an application
to the Secretary in such manner and form as the Secretary may
require.]
(d) Applications.--To be eligible to receive a grant under
this section, a tribally controlled postsecondary career and
technical institution that is not receiving Federal assistance
under title I of the Tribally Controlled College or University
Assistance Act (25 U.S.C. 1802 et seg.) or the Navajo Community
College Act (25 U.S.C. 610a et seg.) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
* * * * * * *
NAVAJO COMMUNITY COLLEGE ACT
* * * * * * *
PURPOSE
Sec. 2. [25 U.S.C. 640a] It is the purpose of this Act to
assist the [Navajo Tribe of Indians]Navajo Nation in providing
education to the members of the tribe and other qualified
applicants through a community college, established by that
tribe, known as [the Navajo Community College] Dine College.
* * * * * * *
GRANTS
Sec. 3. [25 U.S.C. 640b] The Secretary of the Interior is
authorized to make grants to the [Navajo Tribe of
Indians]Navajo Nation to assist the tribe in the construction,
maintenance, and operation of [the Navajo Community College]
Dine College. Such college shall be designed and operated by
the [Navajo Tribe]Navajo Nation to insure that the [Navajo
Indians]Navajo people and other qualified applicants have
educational opportunities which are suited to their unique
needs and interests.
* * * * * * *
STUDY OF FACILITIES NEEDS
Sec. 4. [25 U.S.C. 640c] (a) The Secretary shall conduct a
detailed survey and study of the academic facilities needs of
[the Navajo Community College]Dine College, and shall report to
the Congress not later than [August 1, 1979]October 31, 2010,
the results of such survey and study. Such report shall include
any recommendations or views submitted by the governing body of
such College and by the governing body of the [Navajo Tribe]
Navajo Nation, and shall include detailed recommendations by
the Secretary as to the number, type, and cost of academic
facilities which are required, ranking each such required
facility by relative need.
(b) Funds to carry out the purposes of this section may be
drawn from general administrative appropriations to the
Secretary made after [the date of enactment of the Tribally
Controlled Community College Assistance Act of 1978]October 1,
2007.
(c) No later than March 1991, an inventory prepared by [the
Navajo Community College]Dine College identifying repairs,
alterations, and renovations to facilities required to meet
health and safety standards shall be submitted to the Secretary
and appropriate committees of Congress. Within 60 days
following and the receipt of such inventory, the Secretary
shall review the inventory, evaluating the needs identified,
and transmit the written comments of the Department of the
Interior to the appropriate committees of Congress, together
with the Department's evaluation prepared by the health and
safety division of the Bureau of Indian Affairs.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 5. [25 U.S.C. 640c-1] (a)(1) For the purpose of making
construction grants under this Act, there are authorized to be
appropriated [$2,000,000 for fiscal year 1999 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.]such sums as are necessary for fiscal years 2008
through, 2013.
(2) * * *
(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).
(b)(1) There are authorized to be appropriated for grants
to [the Navajo Community College]Dine College [, for each
fiscal year, an amount necessary to pay expenses incurred for--
]such sums as are necessary for fiscal years 2008 through 2013
to pay the cost of--
(A) the maintenance and operation of the
[college]College, including--
(i) basic, special, developmental,
vocational, technical, and special handicapped
education costs[,];
(ii) annual capital expenditures, including
equipment needs, minor capital improvements and
remodeling projects, physical plant maintenance
and operation costs, and exceptions and
supplemental need account[, and]; and
(iii) summer and special interest
programs[,];
(B) major capital improvements, including internal
capital outlay funds and capital improvement
projects[,];
(C) mandatory payments, including payments due on
bonds, loans, notes, or lease purchases[, and];
(D) supplemental student services, including student
housing, food service, and the provision of access to
books and services[.]; and
(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.
* * * * * * *
(c) The Secretary of the Interior is authorized and
directed to establish by rule procedures to insure that all
funds appropriated under this Act are properly identified for
grants to [the Navajo Community College]Dine College and that
such funds are not commingled with appropriations historically
expended by the Bureau of Indian Affairs for programs and
projects normally provided on the Navajo Reservation for Navajo
beneficiaries.
* * * * * * *
EFFECT ON OTHER LAWS
Sec. 6. [25 U.S.C. 640c-2] (a) Except as specifically
provided by law, eligibility for assistance under this Act
shall not, by itself preclude the eligibility of [the Navajo
Community College]Dine College to receive Federal financial
assistance under any program authorized under the Higher
Education Act of 1965 or any other applicable program for the
benefit of institutions of higher education, community
colleges, or postsecondary educational institutions.
(b) Notwithstanding any other provision of law, funds
provided under this Act to [the Navajo Community College]Dine
College may be treated as non-Federal, private funds of the
College for purposes of any provision of Federal law which
requires that non-Federal or private funds of the
[college]College be used in a project or for a specific
purpose.
* * * * * * *
PAYMENTS; INTEREST
Sec. 7. [25 U.S.C. 640c-31](a) * * *
(b)(1)(A) Notwithstanding any provision of law other than
subparagraph (B), any interest or investment income that
accrues on any funds provided under this Act after such funds
are paid to [the Navajo Community College]Dine College and
before such funds are expended for the purpose for which such
funds were provided under this Act shall be the property of
[the Navajo Community College]Dine College and shall not be
taken into account by any officer or employee of the Federal
Government in determining whether to provide assistance, or the
amount of assistance, to [the Navajo Community College]Dine
College under any provision of Federal law.
(B) All interest or investment income described in
subparagraph (A) shall be expended by [the Navajo Community
College]Dine College by no later than the close of the fiscal
year succeeding the fiscal year in which such interest or
investment income accrues.
(2) Funds provided under this Act may only be invested by
[the Navajo Community College]Dine College in obligations of
the United States or in obligations or securities that are
guaranteed or insured by the United States.
* * * * * * *