Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	130,722	n/a	n/a
Reported in House	136,325	1,307	17%
Engrossed in House	155,999	874	22%
Referred in Senate	155,362	23	0%
Engrossed Amendment Senate	101,701	5,139	87%
Enrolled Bill	187,822	4,735 Show Changes Hide Changes	76%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate Engrossed Amendment Senate Enrolled Bill

HR 4137 EAS

In the Senate of the United States,July 29 (legislative day, July 28), 2008.Resolved, That the bill from the House of Representatives (H.R.4137CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Tenth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To amend and extend the Higher Education Act of 1965, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike out all after the enacting clause, and insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Higher Education Amendments of 2007Opportunity Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. References.CommentsClose CommentsPermalink





Sec. 3. General effective date.CommentsClose CommentsPermalink

TITLE I--GENERAL PROVISIONS

Sec. 101. Additional definitions.Sec. 102. General definition of institution of higher education.CommentsClose CommentsPermalink





Sec. 1032. Definition of institution of higher education for purposes of title IV programs.CommentsClose CommentsPermalink





Sec. 103. Additional definitions.CommentsClose CommentsPermalink





Sec. 104. Protection of student speech and association rights.CommentsClose CommentsPermalink





Sec. 105. Accreditation andTreatment of territories and territorial student assistance.CommentsClose CommentsPermalink





Sec. 106. National Advisory Committee on Institutional Quality and Integrity Advisory Committee.Sec. 106.CommentsClose CommentsPermalink





Sec. 107. Drug and alcohol abuse prevention.CommentsClose CommentsPermalink





Sec. 1078. Prior rights and obligations.CommentsClose CommentsPermalink





Sec. 108. Transparency in college tuition for consumers.Sec. 109. Databases of student information prohibitediploma mills.CommentsClose CommentsPermalink





Sec. 110. Clear and easy-to-find information on student financial aidImproved information concerning the Federal student financial aid website.CommentsClose CommentsPermalink





Sec. 110A1. Transparency in college tuition for consumers.CommentsClose CommentsPermalink





Sec. 112. Textbook information.CommentsClose CommentsPermalink





Sec. 113. Database of student information prohibited.CommentsClose CommentsPermalink





Sec. 114. In-State tuition rates for Armed Forces members, spouses, and dependent children.CommentsClose CommentsPermalink





Sec. 115. State higher education information system pilot program.CommentsClose CommentsPermalink





Sec. 1116. State commitment to affordable college education.CommentsClose CommentsPermalink





Sec. 117. Performance-based organization for the delivery of Federal student financial assistance.CommentsClose CommentsPermalink





Sec. 1128. Procurement flexibility.CommentsClose CommentsPermalink





Sec. 113. Institution and lender reporting and disclosure requirements.Sec. 114. Employment of postsecondary education graduates.Sec. 115. Foreign medical schools.Sec. 116. Demonstration and c9. Certification regarding the use of certain Federal funds.CommentsClose CommentsPermalink





Sec. 120. Institution and lender reporting and disclosure requirements.CommentsClose CommentsPermalink

TITLE II--TEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality partnership grants.Sec. 202. General provisionsenhancement.CommentsClose CommentsPermalink

TITLE III--INSTITUTIONAL AID

Sec. 301. Program purpose.CommentsClose CommentsPermalink





Sec. 302. Definitions; eligibility.CommentsClose CommentsPermalink





Sec. 303. American Indian tribally controlled colleges and universities.CommentsClose CommentsPermalink





Sec. 304. Alaska Native and Native Hawaiian-serving institutions.CommentsClose CommentsPermalink





Sec. 305. Predominantly Black Institutions.CommentsClose CommentsPermalink





Sec. 306. Native American-serving, nontribal institutions.CommentsClose CommentsPermalink





Sec. 3067. Assistance to Asian American and Native American Pacific Islander-serving institutions.CommentsClose CommentsPermalink





Sec. 308. Part B definitions.CommentsClose CommentsPermalink





Sec. 307. Grants to institutions.Sec. 308. Allotme9. Grants to institutions.CommentsClose CommentsPermalink





Sec. 30910. Allotments.CommentsClose CommentsPermalink





Sec. 311. Professional or graduate institutions.CommentsClose CommentsPermalink





Sec. 310. Authority of the Secretary2. Unexpended funds.CommentsClose CommentsPermalink





Sec. 313. Endowment Challenge Grants.CommentsClose CommentsPermalink





Sec. 314. Historically Black college and university capital financing.CommentsClose CommentsPermalink





Sec. 315. Programs in STEM fields.CommentsClose CommentsPermalink





Sec. 316. Investing in historically Black colleges and universities and other minority-serving institutions.CommentsClose CommentsPermalink





Sec. 317. Technical assistance.CommentsClose CommentsPermalink





Sec. 3118. Waiver authority.CommentsClose CommentsPermalink





Sec. 319. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 31220. Technical corrections.CommentsClose CommentsPermalink

TITLE IV--STUDENT ASSISTANCE

PART A--Grants to Students in Attendance at Institutions of Higher Education

Sec. 401. Federal Pell Grants.CommentsClose CommentsPermalink





Sec. 402. Academic competitiveness grants.CommentsClose CommentsPermalink





Sec. 403. Federal TrioRIO Programs.CommentsClose CommentsPermalink





Sec. 404. Gaining early awareness and readiness for undergraduate programs.CommentsClose CommentsPermalink





Sec. 405. Academic achievement incentive sAchievement Incentive Scholarships.CommentsClose CommentsPermalink





Sec. 406. Federal supplemental educational opportunity gSupplemental Educational Opportunity Grants.CommentsClose CommentsPermalink





Sec. 407. Leveraging Educational Assistance Partnership program.CommentsClose CommentsPermalink





Sec. 408. Special programs for students whose families are engaged in migrant and seasonal farmwork.CommentsClose CommentsPermalink





Sec. 409. Robert C. Byrd Honors Scholarship Program.CommentsClose CommentsPermalink





Sec. 410. Child care access means parents in school.CommentsClose CommentsPermalink





Sec. 411. Learning anytime anywhere partnershipAnytime Anywhere Partnerships.CommentsClose CommentsPermalink





Sec. 412. TEACH Grants.CommentsClose CommentsPermalink

PART B--Federal Family Education Loan Program

Sec. 421. Federal payments to reduce student interest costsLimitations on amounts of loans covered by Federal insurance.CommentsClose CommentsPermalink





Sec. 422. Federal Consolidation Loanpayments to reduce student interest costs.CommentsClose CommentsPermalink





Sec. 423. Voluntary flexible agreements.CommentsClose CommentsPermalink





Sec. 424. Federal PLUS loans.CommentsClose CommentsPermalink





Sec. 425. Federal consolidation loans.CommentsClose CommentsPermalink





Sec. 426. Default reduction program.CommentsClose CommentsPermalink





Sec. 4247. Requirements for disbursement of student loans.CommentsClose CommentsPermalink





Sec. 428. Unsubsidized Stafford loan limits.CommentsClose CommentsPermalink





Sec. 429. Loan forgiveness for teachers employed by educational service agencies.CommentsClose CommentsPermalink





Sec. 430. Loan forgiveness for service in areas of national need.CommentsClose CommentsPermalink





Sec. 431. Loan repayment for civil legal assistance attorneys.CommentsClose CommentsPermalink





Sec. 432. Reports to consumer reporting agencies and institutions of higher education.CommentsClose CommentsPermalink





Sec. 425. Common forms and format33. Legal powers and responsibilities.CommentsClose CommentsPermalink





Sec. 42634. Student loan information by eligible lenders.CommentsClose CommentsPermalink





Sec. 42735. Consumer education information.CommentsClose CommentsPermalink





Sec. 428. Definition of eligible lender.Sec. 42936. Definitions of eligible institution and eligible lender.CommentsClose CommentsPermalink





Sec. 437. Discharge and cancellation rights in cases of disability.CommentsClose CommentsPermalink





Sec. 438. Conforming amendments for repeal of section 439.CommentsClose CommentsPermalink

PART C--Federal Work-Study Programs

Sec. 441. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 442. Allowance for books and supplies.CommentsClose CommentsPermalink





Sec. 443. Grants for Federal work-study programs.CommentsClose CommentsPermalink





Sec. 444. Flexible use of funds.CommentsClose CommentsPermalink





Sec. 445. Job location and development programs.CommentsClose CommentsPermalink





Sec. 445. Work colleges.PART D6. Additional funds for off-campus community service.CommentsClose CommentsPermalink





Sec. 447. Work colleges.CommentsClose CommentsPermalink

PART E--Federal Perkins Loans

Sec. 451. Program61. Extension of authority.CommentsClose CommentsPermalink





Sec. 451A62. Allowance for books and supplies.CommentsClose CommentsPermalink





Sec. 451B. Perkins loan forbearance63. Agreements with institutions.CommentsClose CommentsPermalink





Sec. 464. Perkins loan terms and conditions.CommentsClose CommentsPermalink





Sec. 452. Cancellation of loans for certain public service65. Cancellation for public service.CommentsClose CommentsPermalink





Sec. 466. Sense of Congress regarding Federal Perkins loans.CommentsClose CommentsPermalink

PART EF--Need Analysis

Sec. 4671. Cost of attendance.CommentsClose CommentsPermalink





Sec. 46272. Discretion to make adjustments.CommentsClose CommentsPermalink





Sec. 473. Definitions.CommentsClose CommentsPermalink

PART FG--General Provisions Relating to Student Assistance

Sec. 4781. Definitions.CommentsClose CommentsPermalink





Sec. 472. Compliance82. Master calendar.CommentsClose CommentsPermalink





Sec. 473. Forms and regulation83. Improvements to paper and electronic forms and processes.CommentsClose CommentsPermalink





Sec. 474. Student eligibility84. Model institution financial aid offer form.CommentsClose CommentsPermalink





Sec. 47585. Student eligibility.CommentsClose CommentsPermalink





Sec. 486. Statute of limitations and State court judgments.CommentsClose CommentsPermalink





Sec. 476. Institutional refund87. Readmission requirements for servicemembers.CommentsClose CommentsPermalink





Sec. 47788. Institutional and financial assistance information for students.CommentsClose CommentsPermalink





Sec. 478. Entrance counseling required.Sec. 479. National Student Loan 89. National Student Loan Data System.CommentsClose CommentsPermalink





Sec. 4890. Early awareness of financial aid eligibility.CommentsClose CommentsPermalink





Sec. 481. Program participation91. Distance Education Demonstration Programs.CommentsClose CommentsPermalink





Sec. 492. Articulation agreements.CommentsClose CommentsPermalink





Sec. 48293. Program participation agreements.CommentsClose CommentsPermalink





Sec. 494. Regulatory relief and improvement.CommentsClose CommentsPermalink





Sec. 48394A. Transfer of allotments.CommentsClose CommentsPermalink





Sec. 48494B. Purpose of administrative payments.CommentsClose CommentsPermalink





Sec. 485. Advisory Committee on student financial assistance.Sec. 48694C. Advisory Committee on Student Financial Assistance.CommentsClose CommentsPermalink





Sec. 494D. Regional meetings and negotiated rulemaking.CommentsClose CommentsPermalink





Sec. 48794E. Year 2000 requirements at the Department.CommentsClose CommentsPermalink





Sec. 494F. Technical amendment of income-based repayment.CommentsClose CommentsPermalink

PART GH--Program Integrity

Sec. 4915. Recognition of accrediting agency or association.Sec. 492. Administrative capacity standard.Sec. 493. Program review and data.CommentsClose CommentsPermalink





Sec. 494. Timely information about loan6. Eligibility and certification procedures.CommentsClose CommentsPermalink





Sec. 495. Auction evaluation and report7. Program review and data.CommentsClose CommentsPermalink





Sec. 498. Review of regulations.CommentsClose CommentsPermalink

Sec. 499. Competitive loan auction pilot program evaluation.CommentsClose CommentsPermalink

TITLE V--DEVELOPING INSTITUTIONS

Sec. 501. Authorized activities.CommentsClose CommentsPermalink





Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.CommentsClose CommentsPermalink





Sec. 503. Applications.CommentsClose CommentsPermalink





Sec. 504. Cooperative arrangements.CommentsClose CommentsPermalink





Sec. 505. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

Sec. 601. Findings; purposes; consultation; survey.CommentsClose CommentsPermalink





Sec. 602. Graduate and undergraduate language and area centers and pUndergraduate Language and Area Centers and Programs.CommentsClose CommentsPermalink





Sec. 603. Undergraduate international studies and foreign language programLanguage Resource Centers.CommentsClose CommentsPermalink





Sec. 604. Undergraduate International Studies and Foreign Language Programs.CommentsClose CommentsPermalink





Sec. 605. Research; studies.CommentsClose CommentsPermalink





Sec. 6056. Technological innovation and cooperation for foreign information access.CommentsClose CommentsPermalink





Sec. 6067. Selection of certain grant recipients.CommentsClose CommentsPermalink





Sec. 6078. American overseas research centers.CommentsClose CommentsPermalink





Sec. 6089. Authorization of appropriations for international and foreign language studies.CommentsClose CommentsPermalink





Sec. 609. Centers for international business education10. Conforming amendments.CommentsClose CommentsPermalink





Sec. 610. Education and training1. Business and international education programs.CommentsClose CommentsPermalink





Sec. 611. Authorization of appropriations for business and international education programs.Sec. 612. Minority foreign service professional development program.CommentsClose CommentsPermalink





Sec. 613. Institutional development.CommentsClose CommentsPermalink





Sec. 614. Study abroad program.CommentsClose CommentsPermalink





Sec. 615. Advanced degree in international relations.CommentsClose CommentsPermalink





Sec. 616. Internships.CommentsClose CommentsPermalink





Sec. 617. Financial assistance.CommentsClose CommentsPermalink





Sec. 618. Report.CommentsClose CommentsPermalink





Sec. 619. Gifts and donations.CommentsClose CommentsPermalink





Sec. 620. Authorization of appropriations for the Institute for International Public Policy.CommentsClose CommentsPermalink





Sec. 621. Definitions.CommentsClose CommentsPermalink





Sec. 622. Assessment and enforcementNew provisions.CommentsClose CommentsPermalink

TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Sec. 701. Purpose.CommentsClose CommentsPermalink





Sec. 702. Allocation of Jacob K. Javits Fellowships program.CommentsClose CommentsPermalink





Sec. 703. StipendsGraduate assistance in areas of national need.CommentsClose CommentsPermalink





Sec. 704. Authorization of appropriations for the Jacob K. Javits Fellowship PThurgood Marshall Legal educational opportunity program.CommentsClose CommentsPermalink





Sec. 705. Institutional eligibility under the Graduate Assistance in Areas of National Need ProgramSense of Congress.CommentsClose CommentsPermalink





Sec. 706. Awards to graduate students.Sec. 707. Additional assistance for cost of education.Sec. 708. Authorization of appropriations for the Graduate Assistance in Areas of National Need Program.Sec. 709. Legal educational opportunity programMasters degree programs at historically Black colleges and universities and Predominantly Black Institutions.CommentsClose CommentsPermalink





Sec. 71007. Fund for the improvement of postsecondary education.CommentsClose CommentsPermalink





Sec. 711. Special projects.Sec. 712. Authorization of appropriations for the fund for the improvement of postsecondary education.Sec. 71308. Repeal of the urban community service program.CommentsClose CommentsPermalink





Sec. 714. Grants for students with disabilities.Sec. 715. Applications for demonstration projects to ensure students with disabilities receive a quality higher education.Sec. 716. Authorization of appropriations for demonstration projects to ensure students with disabilities receive09. Programs to provide students with disabilities with a quality higher education.CommentsClose CommentsPermalink





Sec. 717. Research grant0. Subgrants to nonprofit organizations.CommentsClose CommentsPermalink

TITLE VIII--MISCELLANEOUADDITIONAL PROGRAMS

Sec. 801. Miscellaneous.Sec. 802. Additional programs.CommentsClose CommentsPermalink





Sec. 803. Student loan clearinghouse2. National Center for Research in Advanced Information and Digital Technologies.CommentsClose CommentsPermalink





Sec. 804. Minority serving institutions for advanced technology and education3. Establishment of pilot program for course material rental.CommentsClose CommentsPermalink

TITLE IX--AMENDMENTS TO OTHER LAWS

PART A--EDUCATION OF THE DEAF ACT OFducation of the Deaf Act of 1986

Sec. 901. Laurent Clerc National Deaf Education Center.CommentsClose CommentsPermalink





Sec. 902. Agreement with Gallaudet University.CommentsClose CommentsPermalink





Sec. 903. Agreement for the National Technical Institute for the Deaf.CommentsClose CommentsPermalink





Sec. 904. Cultural experiences grants.CommentsClose CommentsPermalink





Sec. 905. Audit.CommentsClose CommentsPermalink





Sec. 906. Reports.CommentsClose CommentsPermalink





Sec. 907. Monitoring, evaluation, and reporting.CommentsClose CommentsPermalink





Sec. 908. Liaison for educational programs.CommentsClose CommentsPermalink





Sec. 909. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.CommentsClose CommentsPermalink





Sec. 910. Oversight and effect of agreements.CommentsClose CommentsPermalink





Sec. 911. International students.CommentsClose CommentsPermalink





Sec. 912. Research priorities.CommentsClose CommentsPermalink





Sec. 913. National study on the education of the deaf.CommentsClose CommentsPermalink





Sec. 914. Authorization of appropriations.CommentsClose CommentsPermalink

PART B--UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act.CommentsClose CommentsPermalink

PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION AMENDMENTS OF 1992

Sec. 931. Repeals.CommentsClose CommentsPermalink





Sec. 932. Grants to States for workplace and community transition training for incarcerated youth offenderindividuals.CommentsClose CommentsPermalink





Sec. 933. Underground railroad educational and cultural pRailroad Educational and Cultural Program.CommentsClose CommentsPermalink





Sec. 934. Olympic scholarships under the Higher Education Amendments of 1992.PART D--INDIANScholarships.CommentsClose CommentsPermalink





Sec. 935. Establishment of a Deputy Assistant Secretary for International and Foreign Language Education.CommentsClose CommentsPermalink

PART D--TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER EDUCATION

subpart 1--tribal colleges and universities

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978.CommentsClose CommentsPermalink

subpart 2--navajo higher education

Sec. 945. Short title.CommentsClose CommentsPermalink





Sec. 946. Reauthorization of Navajo Community College Act.CommentsClose CommentsPermalink

PART E--Omnibus Crime Control and Safe Streets Act of 1968

Sec. 951. Short title.CommentsClose CommentsPermalink





Sec. 952. Loan repayment for prosecutors and defenders.CommentsClose CommentsPermalink

SEC. 2. REFERENCES.CommentsClose CommentsPermalink

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

SEC. 3. GENERAL EFFECTIVE DATE.CommentsClose CommentsPermalink

Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE I--GENERAL PROVISIONSCommentsClose CommentsPermalink

SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.CommentsClose CommentsPermalink

SEC. 103. ADDITIONAL DEFINITIONS.CommentsClose CommentsPermalink

(a) Amendmentdditional Definitions-CommentsClose CommentsPermalink





(1) AMENDMENT- Section 103 (20 U.S.C. 1003) is amended--(1) by redesignating paragraphs (9) through (16) as paragraphs (13) through (20); respectively;(2) by redesignating paragraphs (4) through (8) as paragraphs (7) through (11), respectively;(3) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;(4) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following:‘(1 by adding at the end the following:CommentsClose CommentsPermalink





‘(17) AUTHORIZING COMMITTEES- The term ‘authorizing committees’ means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.CommentsClose CommentsPermalink





’;(5) by inserting after paragraph (2) (as redesignated by paragraph (3)) the following:‘(3‘(18) CRITICAL FOREIGN LANGUAGE- TExcept as otherwise provided, the term ‘critical foreign language’ means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), except that in theas updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.CommentsClose CommentsPermalink





’;(6) by inserting after paragraph (5) (as redesignated by paragraph (3)) the following:‘(6) ‘(19) DISTANCE EDUCATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as otherwise provided, the term ‘distance education’ means education that uses 1one or more of the technologies described in subparagraph (B)--CommentsClose CommentsPermalink





‘(i) to deliver instruction to students who are separated from the instructor; andCommentsClose CommentsPermalink





‘(ii) to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- For the purposes of subparagraph (A), the technologies used may include--CommentsClose CommentsPermalink





‘(i) the Internet;CommentsClose CommentsPermalink





‘(ii) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;CommentsClose CommentsPermalink





‘(iii) audio conferencing; orCommentsClose CommentsPermalink





‘(iv) video cassettes, DVDs, and CD-ROMs, if the cassette, DVDs, ands, DVDs, or CD-ROMs are used in a course in conjunction with the any of the technologies listed in clauses (i) through (iii).CommentsClose CommentsPermalink





’; and(7) by inserting after paragraph (11) (as redesignated by paragraph (2)) the following:‘(1 ‘(20) DIPLOMA MILL- The term ‘diploma mill’ means an entity that-- CommentsClose CommentsPermalink





‘(A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; andCommentsClose CommentsPermalink





‘(ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; andCommentsClose CommentsPermalink





‘(B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 102) by--CommentsClose CommentsPermalink





‘(i) the Secretary pursuant to subpart 2 of part H of title IV; orCommentsClose CommentsPermalink





‘(ii) a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.CommentsClose CommentsPermalink





‘(21) EARLY CHILDHOOD EDUCATION PROGRAM- The term ‘early childhood education program’ means--CommentsClose CommentsPermalink





‘(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;CommentsClose CommentsPermalink





‘(B) a State licensed or regulated child care program; orCommentsClose CommentsPermalink





‘(C) a program that--CommentsClose CommentsPermalink





‘(i) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; andCommentsClose CommentsPermalink





‘(ii) is--CommentsClose CommentsPermalink





‘(I) a State prekindergarten program;CommentsClose CommentsPermalink





‘(II) a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; orCommentsClose CommentsPermalink





‘(III) a program operated by a local educational agency.CommentsClose CommentsPermalink





‘(22) POVERTY LINE- The term ‘poverty line’ means the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.CommentsClose CommentsPermalink





‘(23) UNIVERSAL DESIGN- The term ‘universal design’ has the meaning given the term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).CommentsClose CommentsPermalink





‘(24) UNIVERSAL DESIGN FOR LEARNING- The term ‘universal design for learning’ means a scientifically valid framework for guiding educational practice that--CommentsClose CommentsPermalink





‘(A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; andCommentsClose CommentsPermalink





‘(B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- The Act2) REDESIGNATION AND REORDERING OF DEFINITIONS- Section 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is further amended by reordering paragraphs (1) through (16) and the paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.CommentsClose CommentsPermalink





(b) Conforming Amendments- The Act (20 U.S.C. 1001 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking ‘to the Committee on Appropriations’ and all that follows through ‘House of Representatives’ and inserting ‘to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees’;CommentsClose CommentsPermalink





(4) in section 428 (20 U.S.C. 1078)--CommentsClose CommentsPermalink





(A) in subsection (c)(9)(K), by striking ‘House Committee on Education and the Workforce and the Senate Committee on Labor and Human Resources’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(B) in the matter following paragraph (2) of subsection (g), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





and(C (C) in subsection (j)(9)(A) (as added by section 5(a) of the Ensuring Continued Access to Student Loans Act of 2008), by striking ‘Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives’ each place the term appears and inserting ‘authorizing committees’; and CommentsClose CommentsPermalink





(D) in subsection (n)(4), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(5) in section 428A(c) (20 U.S.C. 1078-1(c))--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of paragraph (2), by striking ‘Chairperson’ and all that follows through ‘House of Representatives’ and inserting ‘members of the authorizing committees’;CommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘Chairperson’ and all that follows through ‘House of Representatives’ and inserting ‘members of the authorizing committees’; andCommentsClose CommentsPermalink





(C) in paragraph (5), by striking ‘Chairperson’ and all that follows through ‘House of Representatives’ and inserting ‘members of the authorizing committees’;CommentsClose CommentsPermalink





(6) in section 432 (20 U.S.C. 1082)--CommentsClose CommentsPermalink





(A) in subsection (f)(1)(C), by striking ‘the Committee on Education and the Workforce of the House of Representatives or the Committee on Labor and Human Resources of the Senate’ and inserting ‘either of the authorizing committees’; andCommentsClose CommentsPermalink





(B) in the matter following subparagraph (D) of subsection (n)(3), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(8) in section 439 (20 U.S.C. 1087-2)--(A) in subsection (d)(1)(E)(iii), by striking ‘advise the Chairman’ and all that follows through ‘House of Representatives’ and inserting ‘advise the members of the authorizing committees’;(B) in subsection (r)--(i) in paragraph (3), by striking ‘inform the Chairman’ and all that follows through ‘House of Representatives,’ and inserting ‘inform the members of the authorizing committees’;(ii) in paragraph (5)(B), by striking ‘plan, to the Chairman’ and all that follows through ‘Education and Labor’ and inserting ‘plan, to the members of the authorizing committees’;(iii) in paragraph (6)(B)--(I) by striking ‘plan, to the Chairman’ and all that follows through ‘House of Representatives’ and inserting ‘plan, to the members of the authorizing committees’; and(II) by striking ‘Chairmen and ranking minority members of such Committees’ and inserting ‘members of the authorizing committees’;(iv) in paragraph (8)(C), by striking ‘implemented to the Chairman’ and all that follows through ‘House of Representatives, and’ and inserting ‘implemented to the members of the authorizing committees, and to’; and(v) in the matter preceding subparagraph (A) of paragraph (10), by striking ‘days to the Chairman’ and all that follows through ‘Education and Labor’ and inserting ‘days to the members of the authorizing committees’; and(C) in subsection (s)(2)--(i) in the matter preceding clause (i) of subparagraph (A), by striking ‘Treasury and to the Chairman’ and all that follows through ‘House of Representatives’ and inserting ‘Treasury and to the members of the authorizing committees’; and(ii) in subparagraph (B), by striking ‘Treasury and to the Chairman’ and all that follows through ‘House of Representatives’ and inserting ‘Treasury and to the members of the authorizing committees’;(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(109) in section 482(d) (20 U.S.C. 1089(d)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(110) in section 483(c) (20 U.S.C. 1090(c)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(12) in section 4851) in section 485(f)(5)(A) (20 U.S.C. 1092)--(A) in subsection (f)(5)(A), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’; and(B) in subsection (g)(4)(B(f)(5)(A)), by striking ‘Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(13) in section 486 (20 U.S.C. 1093)--(A) in subsection (e), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’; and(B) in subsection (f)(3)--(i) in the matter preceding clause (i) of subparagraph (A), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’; and(ii) in the matter preceding clause (i) of subparagraph (B), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’;(14) in section 487A(a)(52) in section 486(e) (20 U.S.C. 1094a(a)(53(e)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’; andCommentsClose CommentsPermalink





(15) in section 498B(d3) in section 487A(a)(5) (20 U.S.C. 1099c-2(d))--(A) in paragraph (1), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’; and(B) in paragraph (24a(a)(5)), by striking ‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’ and inserting ‘authorizing committees’.CommentsClose CommentsPermalink

SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.Section 101 (20 U.S.C. 1001) is amended--(1) in subsection (a)(3), by inserting ‘, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to the review and approval by the Secretary’ after ‘such a degree’; and(2) by striking subsection (b)(2) and inserting the following:

‘(2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students persons--‘(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or‘(B) who will be dually or concurrently enrolled in the institution and a secondary school.’.

SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS.Section 102 (20 U.S.C. 1002) is amended--(1) by striking subclause (II) of subsection (a)(2)(A)(i) and inserting the following:

‘(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;’;

(2) in subsection (b)--(A) in paragraph (1)--(i) in subparagraph (D), by inserting ‘and’ after the semicolon;(ii) in subparagraph (E), by striking ‘; and’ and inserting a period; and(iii) by striking subparagraph (F); and(B) by striking paragraph (2) and inserting the following:

‘(2) ADDITIONAL INSTITUTIONS- The term ‘proprietary institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students 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.’; and

(3) by striking subsection (c)(2) and inserting the following:

‘(2) ADDITIONAL INSTITUTIONS- The term ‘postsecondary vocational institution’ also includes an educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students 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. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.CommentsClose CommentsPermalink

Section 112 (20 U.S.C. 1011a) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ before ‘It is the sense’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) It is the sense of Congress that--CommentsClose CommentsPermalink





‘(A) the diversity of institutions and educational missions is one of the key strengths of American higher education;CommentsClose CommentsPermalink





‘(B) individual colleges and universitiesinstitutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;CommentsClose CommentsPermalink





‘(C) a collegen institution of higher education should facilitate the free and open exchange of ideas;CommentsClose CommentsPermalink





‘(D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;CommentsClose CommentsPermalink





‘(E) students should be treated equally and fairly; andCommentsClose CommentsPermalink





‘(F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.’; andCommentsClose CommentsPermalink





(2) in subsection (b)(1), by inserting ‘, provided that the imposition of such sanction is done objectively and fairly’ after ‘higher education’.CommentsClose CommentsPermalink

SEC. 105. ACCREDITATION ANDTREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.CommentsClose CommentsPermalink

SEC. 106. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY ADVISORY COMMITTEE.(a) In General.CommentsClose CommentsPermalink

(a) Amendment- Section 114 (20 U.S.C. 1011c) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 114. ACCREDITATION ANDNATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY COMMITTEE.CommentsClose CommentsPermalink

‘(a) Establishment- There is established in the Department an Accreditation and National Advisory Committee on 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 institutionsinstitutions of higher education (as defined in section 102) under title IV.CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Committee shall have 158 members, of which--CommentsClose CommentsPermalink





‘(A) 5 members shall be appointed by the Secretary;‘(B) 5six members shall be appointed by the Secretary;CommentsClose CommentsPermalink





‘(B) six members shall be appointed by the Speaker of the House of Representatives up, three of whom shall be appointed on the recommendation of the majority leader andof the House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; andCommentsClose CommentsPermalink





‘(C) 5six members shall be appointed by the President pro tempore of the Senate up, three of whom shall be appointed on the recommendation of the majority leader andof the Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate.CommentsClose CommentsPermalink





‘(2) QUALIFICATIONS- Individuals shall be appointed as members of the Committee on--‘(A)--CommentsClose CommentsPermalink





‘(A) on the basis of the individuals’ experience, integrity, impartiality, and good judgment;CommentsClose CommentsPermalink





‘(B) from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representatives ofing all sectors and types of institutions of higher education (as defined in section 102); andCommentsClose CommentsPermalink





‘(C) on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.CommentsClose CommentsPermalink





‘(3) TERMS OF MEMBERS- The term of office of each member of the Committee shall be for 6 years, except that any member Except as provided in paragraph (5), the term of office of each member of the Committee shall be for six years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.CommentsClose CommentsPermalink





‘(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 occurreds. 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.CommentsClose CommentsPermalink





‘(5) INITIAL TERMS- The terms of office for the initial members of the Committee shall be--CommentsClose CommentsPermalink





‘(A) 2 years for members three years for members appointed under paragraph (1)(A);CommentsClose CommentsPermalink





‘(B) 4 years for members appointed under paragraphfour years for members appointed under paragraph (1)(B); andCommentsClose CommentsPermalink





‘(C) 6 years for members appointed under paragraph (1)(C).‘(6)six years for members appointed under paragraph (1)(C).CommentsClose CommentsPermalink





‘(6) CHAIRPERSON- The members of the Committee shall select a chairperson from among the members.CommentsClose CommentsPermalink





‘(c) Functions- The Committee shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;CommentsClose CommentsPermalink





‘(3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) advise the Secretary with respect to the relationship between--CommentsClose CommentsPermalink





‘(A) accreditation of institutions of higher education and the certification and eligibility of such institutions; andCommentsClose CommentsPermalink





‘(B) State licensing responsibilities with respect to such institutions; andCommentsClose CommentsPermalink





‘(6) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe inby regulation.CommentsClose CommentsPermalink





‘(d) Meeting Procedures-CommentsClose CommentsPermalink





‘(1) SCHEDULE-CommentsClose CommentsPermalink





‘(A) BIANNUAL MEETINGS- The Committee shall meet not less often than twice each year, at the call of the Chairperson.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) AGENDA-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) OPPORTUNITY FOR PUBLIC COMMENT- The agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.CommentsClose CommentsPermalink





‘(3) Secretary’S DESIGNEE-‘(A) ATTENDANCE AT MEETING- T The Secretary shall designate an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.CommentsClose CommentsPermalink





‘(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) 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.CommentsClose CommentsPermalink





‘(e) Report and Notice-CommentsClose CommentsPermalink





‘(1) NOTICE- The Secretary shall annually publish in the Federal Register--CommentsClose CommentsPermalink





‘(A) a list containing, for each member of the Committee--CommentsClose CommentsPermalink





‘(i) the member’s name;CommentsClose CommentsPermalink





‘(ii) the date of the expiration of the member’s term of office; andCommentsClose CommentsPermalink





‘(iii) the name of the individual described in subsection (b)(1) who appointed the member; andCommentsClose CommentsPermalink





‘(B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than September 30 of each year, the Committee shall makthe last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain--CommentsClose CommentsPermalink





‘(A) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the preceding fiscal yearfiscal year preceding the fiscal year in which the report is made;CommentsClose CommentsPermalink





‘(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 informationfiscal year preceding the fiscal year in which the report is made;CommentsClose CommentsPermalink





‘(C) a list of the members of the Committee; andCommentsClose CommentsPermalink





‘(D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.CommentsClose CommentsPermalink





‘(f) Termination- The Committee shall terminate on September 30, 20124.’.CommentsClose CommentsPermalink





(b) Termination of NACIQI- The National Advisory Committee on Institutional Quality and Integrity, established underransition- Notwithstanding section 114 of the Higher Education Act of 1965 (as such section was in effect the day before20 U.S.C. 1011c) (as in effect before, during, and after the date of enactment of this Act)--CommentsClose CommentsPermalink





(1) the term of each member appointed to the National Advisory Committee on Institutional Quality and Integrity before the date of enactment of this Act shall expire on the date of enactment of this Act) shall terminate 30 days after such date;CommentsClose CommentsPermalink





(2) no new members shall be appointed to the National Advisory Committee on Institutional Quality and Integrity during the period beginning on the date of enactment of this Act and ending on January 31, 2009; andCommentsClose CommentsPermalink





(3) no meeting of the National Advisory Committee on Institutional Quality and Integrity shall be convened during such period.CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by subsection (a) shall take effect on January 1, 2009.CommentsClose CommentsPermalink

SEC. 1067. DRUG AND ALCOHOL ABUSE PREVENTION.CommentsClose CommentsPermalink

Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amended--(1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2B) by redesignating subparagraph (B) as subparagraph (D); andCommentsClose CommentsPermalink





(3C) by inserting after subparagraph (A) (as amended by paragraph (1)) the following:CommentsClose CommentsPermalink





‘(B) determine the number of drug and alcohol-related incidentviolations and fatalities that--CommentsClose CommentsPermalink





‘(i) occur on the institution’s property or as part of any of the institution’s campus (as defined in section 485(f)(6)), or as part of any of the institution’s activities; andCommentsClose CommentsPermalink





‘(ii) are reported to the institution;‘(C) determinecampus officials;CommentsClose CommentsPermalink





‘(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 incidentviolations and fatalities on the institution’s propertycampus or as part of any of the institution’s activities; and’.SEC. 107;CommentsClose CommentsPermalink





(2) in subsection (e)(5), by striking ‘$5,000,000’ and all that follows through the period at the end and inserting ‘such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.’; andCommentsClose CommentsPermalink





(3) by striking subsection (f).CommentsClose CommentsPermalink

SEC. 108. PRIOR RIGHTS AND OBLIGATIONS.CommentsClose CommentsPermalink

Section 121(a) (20 U.S.C. 1011j(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘1999 and for each of the 4 succeeding fiscal years’ and inserting ‘20089 and for each succeeding fiscal year’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘1999 and for each of the 4 succeeding fiscal years’ and inserting ‘20089 and for each succeeding fiscal year’.CommentsClose CommentsPermalink

SEC. 1089. DIPLOMA MILLS.CommentsClose CommentsPermalink

SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.CommentsClose CommentsPermalink

Part C of title I (20 U.S.C. 1015) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.CommentsClose CommentsPermalink

‘(a) Net Price- In this section, tDefinitions- In this section:CommentsClose CommentsPermalink





‘(1) COLLEGE NAVIGATOR WEBSITE- The term ‘College Navigator website’ means the College Navigator website operated by the Department and includes any successor website.CommentsClose CommentsPermalink





‘(2) COST OF ATTENDANCE- The term ‘cost of attendance’ means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a first-time, full-time undergraduate student enrolled in the institution.CommentsClose CommentsPermalink





‘(3) NET PRICE- 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 educationprice 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 sums as may be necessaryactually charged to first-time, full-time undergraduate students receiving student aid at an institution of higher education after deducting such aid, which shall be determined by calculating the difference between--CommentsClose CommentsPermalink





‘(A) the institution’s cost of attendance for the year for which the determination is made; andCommentsClose CommentsPermalink





‘(B) the quotient of--CommentsClose CommentsPermalink





‘(i) the total amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in the institution for such year; andCommentsClose CommentsPermalink





‘(ii) the total number of such students receiving such need-based grant aid or merit-based grant aid for such year.CommentsClose CommentsPermalink





‘(4) TUITION AND FEES- The term ‘tuition and fees’ means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.CommentsClose CommentsPermalink





‘(b) Calculations for Public Institutions- In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that--CommentsClose CommentsPermalink





‘(1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; andCommentsClose CommentsPermalink





‘(2) in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution.CommentsClose CommentsPermalink





‘(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- TCollege Affordability and Transparency Lists-CommentsClose CommentsPermalink





‘(1) AVAILABILITY OF LISTS- Beginning July 1, 2011, the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:CommentsClose CommentsPermalink





‘(A) A list of the five percent of institutions in each category described in subsection (d) that have the highest tuition and fees for the most recent academic year for which data are available.CommentsClose CommentsPermalink





‘(B) A list of the five percent of institutions in each such category that have the highest net price for the most recent academic year for which data are available.CommentsClose CommentsPermalink





‘(C) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in tuition and fees over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.CommentsClose CommentsPermalink





‘(D) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in net price over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.CommentsClose CommentsPermalink





‘(E) A list of the ten percent of institutions in each such category that have the lowest tuition and fees for the most recent academic year for which data are available.CommentsClose CommentsPermalink





‘(F) A list of the ten percent of institutions in each such category that have the lowest net price for the most recent academic year for which data are available.CommentsClose CommentsPermalink





‘(2) ANNUAL UPDATES- The Secretary shall annually update the lists described in paragraph (1) on the College Navigator website.CommentsClose CommentsPermalink





‘(d) Categories of Institutions- The lists described in subsection (c)(1) shall be compiled according to the following categories:‘(i) 4 of institutions that participate in programs under title IV:CommentsClose CommentsPermalink





‘(1) Four-year public institutions of higher education.CommentsClose CommentsPermalink





‘(ii) 42) Four-year private, nonprofit institutions of higher education.CommentsClose CommentsPermalink





‘(iii) 43) Four-year private, for-profit institutions of higher education.CommentsClose CommentsPermalink





‘(iv) 24) Two-year public institutions of higher education.CommentsClose CommentsPermalink





‘(v) 25) Two-year private, nonprofit institutions of higher education.CommentsClose CommentsPermalink





‘(vi) 26) Two-year private, for-profit institutions of higher education.CommentsClose CommentsPermalink





‘(vii) Less than 27) Less than two-year public institutions of higher education.CommentsClose CommentsPermalink





‘(viii) Less than 28) Less than two-year private, nonprofit institutions of higher education.CommentsClose CommentsPermalink





‘(ix) Less than 29) Less than two-year private, for-profit institutions of higher education.CommentsClose CommentsPermalink





‘(B) PERCENTAGE AND DOLLAR CHANGE- The lists described in paragraph (1) shall include 2 lists for each of the categories undere) Reports by Institutions-CommentsClose CommentsPermalink





‘(1) REPORT TO SECRETARY- If an institution of higher education is included on a list described in subparagraph (C) or (D) of subsection (c)(1), the institution shall submit to the Secretary a report containing the following information:CommentsClose CommentsPermalink





‘(A) A description of the major areas in the institution’s budget with the greatest cost increases.CommentsClose CommentsPermalink





‘(B) An explanation of the cost increases described in 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 Lists’;‘(B) report the full price of tuition and fees at the institution and the.CommentsClose CommentsPermalink





‘(C) A description of the steps the institution will take toward the goal of reducing costs in the areas described in subparagraph (A).CommentsClose CommentsPermalink





‘(D) In the case of an institution that is included on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the institution’s report for the previous year.CommentsClose CommentsPermalink





‘(E) If the determination of any cost increase described in subparagraph (A) is not within the exclusive control of the institution--CommentsClose CommentsPermalink





‘(i) an explanation of the extent to which the institution participates in determining such cost increase;CommentsClose CommentsPermalink





‘(ii) the identification of the agency or instrumentality of State government responsible for determining such cost increase; andCommentsClose CommentsPermalink





‘(iii) any other information the institution considers relevant to the report.CommentsClose CommentsPermalink





‘(2) INFORMATION TO THE PUBLIC- The Secretary shall--CommentsClose CommentsPermalink





‘(A) issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; andCommentsClose CommentsPermalink





‘(B) publish such report on the College Navigator website.CommentsClose CommentsPermalink





‘(f) Exemptions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An institution shall not be placed on a list described in subparagraph (C) or (D) of subsection (c)(1), and shall not be subject to the reporting required under subsection (e), if the dollar amount of the institution’s increase in tuition and fees, or net price;‘(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, as applicable, is less than $600 for the three-year period described in such subparagraph.CommentsClose CommentsPermalink





‘(2) UPDATE- Beginning in 2014, and every three years thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three most recent preceding years.CommentsClose CommentsPermalink





‘(g) State Higher Education Spending Chart- The Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of--CommentsClose CommentsPermalink





‘(1) 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-basespending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;CommentsClose CommentsPermalink





‘(2) the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; andCommentsClose CommentsPermalink





‘(3) the percentage change in the total amount of need-based aid and merit-based aid provided by the State to students enrolled in a public institutionsuch State to full-time students enrolled in the public institutions 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 for each of the five most recent preceding academic years.CommentsClose CommentsPermalink





‘(h) Net Price Calculator-CommentsClose CommentsPermalink





‘(1) DEVELOPMENT- Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007 OF NET PRICE CALCULATOR- Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education, develop and make several model and other appropriate experts, develop a net price calculators to help students, families, and consumers determine the to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education, which institutions of higher education may, at their discretion, elect to use pursuant to paragraph (3) for a student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers to determine an estimate of a current or prospective student’s individual net price at a particular institution.CommentsClose CommentsPermalink





‘(2) CATEGORIES- The model LCULATION OF INDIVIDUAL NET PRICE- For purposes of this subsection, an individual 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 educationof an institution of higher education shall be calculated in the same manner as the net price of such institution is calculated under subsection (a)(3), except that the cost of attendance and the amount of need-based and merit-based aid available shall be calculated for the individual student as much as practicable.CommentsClose CommentsPermalink





‘(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 ustwo years after the date on which the Secretary makes the calculator developed under paragraph (1) available to institutions of higher education, each institution of higher education that receives Federal funds under title IV shall make publicly available on the institution’s website a net price calculator to help current and prospective students, families, and other consumers determine the estimate a student’s individual net price ofat 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 a 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 bycalculator developed--CommentsClose CommentsPermalink





‘(A) by the Department pursuant to paragraph (1); orCommentsClose CommentsPermalink





‘(B) by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data elements included in the calculator developed under paragraph (1).CommentsClose CommentsPermalink





‘(4) DISCLAIMER- Estimates of an individual net price determined using a net price calculator required under paragraph (3) shall be accompanied by a clear and conspicuous notice--CommentsClose CommentsPermalink





‘(A) stating that the estimate--CommentsClose CommentsPermalink





‘(i) does not represent a final determination, or actual award, of financial assistance;CommentsClose CommentsPermalink





‘(ii) shall not be binding on the Secretary, the institution of higher education, or the State; andCommentsClose CommentsPermalink





‘(iii) may change;CommentsClose CommentsPermalink





‘(B) stating that the student must complete the Free Application for Federal Student Aid described in section 483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under title IV; andCommentsClose CommentsPermalink





‘(C) including a link to the website of the Department that allows students to access the independent organization described under subparagraph (A) to the college information website.‘(2) UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK- Not later than 1Free Application for Federal Student Aid described in section 483.CommentsClose CommentsPermalink





‘(i) Consumer Information-CommentsClose CommentsPermalink





‘(1) AVAILABILITY OF TITLE IV INSTITUTION INFORMATION- Not later than one 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 mannerOpportunity Act, the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under title IV, for the most recent academic year for which satisfactory data are available:CommentsClose CommentsPermalink





‘(A) A statement of the institution’s mission and specialties.CommentsClose CommentsPermalink





‘(B) The total number of undergraduate students who applied, were admitted, and enrolled at the institution.‘(C) Where applicable, to, were admitted by, and enrolled in the institution.CommentsClose CommentsPermalink





‘(C) For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT for the , as applicable, for the middle 50 percent range of the institution’s freshman class.CommentsClose CommentsPermalink





‘(D) Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (whereThe number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.CommentsClose CommentsPermalink





‘(E) PercentageThe number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.CommentsClose CommentsPermalink





‘(F) The percentages of male and female undergraduate students enrolled at the institution.CommentsClose CommentsPermalink





‘(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 institutionG) Of the first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution--CommentsClose CommentsPermalink





‘(i) the percentage of such students who are from the State in which the institution is located;CommentsClose CommentsPermalink





‘(ii) the percentage of such students who are from other States; andCommentsClose CommentsPermalink





‘(iii) the percentage of such students who are international students.CommentsClose CommentsPermalink





‘(H) The percentages of first-time, full-time, degree- or certificate-seeking students enrolled at the institution, disaggregated by race and ethnic background.CommentsClose CommentsPermalink





‘(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-yearI) The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report ‘three percent or less’.CommentsClose CommentsPermalink





‘(J) The percentages of first-time, full-time, degree- or certificate-seeking 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 who obtain a degree or certificate within--CommentsClose CommentsPermalink





‘(i) the normal time for completion of, or graduation from, the student’s program;CommentsClose CommentsPermalink





‘(ii) 150 percent of the normal time for completion of, or graduation from, the student’s program; andCommentsClose CommentsPermalink





‘(iii) 200 percent of the normal time for completion of, or graduation from, the student’s program;CommentsClose CommentsPermalink





‘(K) The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, and doctoral degrees awarded by the institution.CommentsClose CommentsPermalink





‘(L) The undergraduate major areas of study at the institution with the highest number of degrees awarded.CommentsClose CommentsPermalink





‘(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)the number of full-time and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution.CommentsClose CommentsPermalink





‘(N)(i) The cost of attendance for first-time, full-time undergraduate students living on campus;‘(ii)enrolled in the institution who live on campus;CommentsClose CommentsPermalink





‘(ii) the cost of attendance for first-time, 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 (includingenrolled in the institution who live off campus; andCommentsClose CommentsPermalink





‘(iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for--CommentsClose CommentsPermalink





‘(I) first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; andCommentsClose CommentsPermalink





‘(II) first-time, full-time students enrolled in the institution who are not residents of such State.CommentsClose CommentsPermalink





‘(O) The average annual 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 studentsawarded to a first-time, full-time undergraduate student enrolled at the institution.‘(S) The total yearly grant aid available who receives financial aid.CommentsClose CommentsPermalink





‘(P) The average annual amount of Federal student loans provided through the institution to undergraduate students enrolled at the institution, from the Federal .CommentsClose CommentsPermalink





‘(Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources.‘(T) The percentage of known by the institution.CommentsClose CommentsPermalink





‘(R) The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds.CommentsClose CommentsPermalink





‘(U) The average net price for all undergraduate students enrolled at the institution.‘(V) The percentage of first-year undergraduateS) The number of 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 receiving Federal Pell Grants.CommentsClose CommentsPermalink





‘(T) The institution’s cohort default rate, as defined under section 435(m).CommentsClose CommentsPermalink





‘(U) The 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 life 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 educationi).CommentsClose CommentsPermalink





‘(V) A link to the institution’s website that provides, in an easily accessible manner, the following information:CommentsClose CommentsPermalink





‘(i) Student activities offered by the institution.CommentsClose CommentsPermalink





‘(ii) Services offered by the institution for individuals with disabilities.CommentsClose CommentsPermalink





‘(iii) Career and placement services offered by the institution to students during and after enrollment.CommentsClose CommentsPermalink





‘(iv) Policies of the institution related to transfer of credit from other institutions.CommentsClose CommentsPermalink





‘(W) A link to the appropriate section of the Bureau of Labor Statistics website that provides information on regional data on starting salaries in all major occupations.CommentsClose CommentsPermalink





‘(X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary page described in paragraph (5).CommentsClose CommentsPermalink





‘(Y) In the case of an institution that was required to submit a report under subsection (e)(1), a link to such report.CommentsClose CommentsPermalink





‘(Z) The availability of alternative tuition plans, which may include guaranteed tuition plans.CommentsClose CommentsPermalink





‘(2) ANNUAL UPDATES- The Secretary shall annually update the information described in paragraph (1) on the College Navigator website.CommentsClose CommentsPermalink





‘(3) CONSULTATION- The Secretary shall ensure thatregularly consult with current and prospective college students, family members of such students, and institutions of higher education are consulted in carrying out paragraphs (1) and (2institutions of higher education, and other experts to improve the usefulness and relevance of the College Navigator website, with respect to the presentation of the consumer information collected in paragraph (1).CommentsClose CommentsPermalink





‘(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 completingDATA COLLECTION- The Commissioner for Education Statistics shall continue to update and improve 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 regardingreferred to in this section as ‘IPEDS’), including the reporting of information by institutions and the timeliness of the data collected.CommentsClose CommentsPermalink





‘(5) INSTITUTION PRICING SUMMARY PAGE-CommentsClose CommentsPermalink





‘(A) AVAILABILITY OF LIST OF PARTICIPATING INSTITUTIONS- The Secretary shall make publicly available on the College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under title IV, which list shall, for each institution, include the 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, submitollowing:CommentsClose CommentsPermalink





‘(i) The tuition and fees for each of the three most recent academic years for which data are available.CommentsClose CommentsPermalink





‘(ii) The net price for each of the three most recent available academic years for which data are available.CommentsClose CommentsPermalink





‘(iii)(I) During the period beginning July 1, 2010, and ending June 30, 2013, the net price for students receiving Federal student financial aid under title IV, disaggregated by the income categories described in paragraph (6), for the most recent academic year for which data are available.CommentsClose CommentsPermalink





‘(II) Beginning July 1, 2013, the net price for students receiving Federal student financial aid under title IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available.CommentsClose CommentsPermalink





‘(iv) The average annual percentage change and average annual dollar change in such institution’s tuition and fees for each of the three most recent academic years for which data are available.CommentsClose CommentsPermalink





‘(v) The average annual percentage change and average annual dollar change in such institution’s net price for each of the three most recent preceding academic years for which data are available.CommentsClose CommentsPermalink





‘(vi) A link to the webpage on the College Navigator website that provides the information described in paragraph (1) for the institution.CommentsClose CommentsPermalink





‘(B) ANNUAL UPDATES- The Secretary shall annually update the lists described in subparagraph (A) on the College Navigator website.CommentsClose CommentsPermalink





‘(6) INCOME CATEGORIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of reporting the information required under this subsection, the following income categories shall apply for students who receive Federal student financial aid under title IV:CommentsClose CommentsPermalink





‘(i) $0-30,000.CommentsClose CommentsPermalink





‘(ii) $30,001-48,000.CommentsClose CommentsPermalink





‘(iii) $48,001-75,000.CommentsClose CommentsPermalink





‘(iv) $75,001-110,000.CommentsClose CommentsPermalink





‘(v) $110,001 and more.CommentsClose CommentsPermalink





‘(B) ADJUSTMENT- The Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary.CommentsClose CommentsPermalink





‘(j) Multi-Year Tuition Calculator-CommentsClose CommentsPermalink





‘(1) DEVELOPMENT OF MULTI-YEAR TUITION CALCULATOR- Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher education in future years.CommentsClose CommentsPermalink





‘(2) CALCULATION OF MULTI-YEAR TUITION- The multi-year tuition calculator described in paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) allow an individual to select an institution of higher education for which the calculation shall be made;CommentsClose CommentsPermalink





‘(B) calculate an estimate of tuition and fees for each year of the normal duration of the program of study at such institution by--CommentsClose CommentsPermalink





‘(i) using the tuition and fees for such institution, as reported under subsection (i)(5)(A)(i), for the most recent academic year for which such data are reported; andCommentsClose CommentsPermalink





‘(ii) determining an estimated annual percentage change for each year for which the calculation is made, based on the annual percentage change in such institution’s tuition and fees, as reported under subsection (i)(5)(A)(iv), for the most recent three-year period for which such data are reported;CommentsClose CommentsPermalink





‘(C) calculate an estimate of the total amount of tuition and fees to complete a program of study at such institution, based on the normal duration of such program, using the estimate calculated under subparagraph (B) for each year of the program of study;CommentsClose CommentsPermalink





‘(D) provide the individual with the option to replace the estimated annual percentage change described in subparagraph (B)(ii) with an alternative annual percentage change specified by the individual, and calculate an estimate of tuition and fees for each year and an estimate of the total amount of tuition and fees using the alternative percentage change;CommentsClose CommentsPermalink





‘(E) in the case of an institution that offers a multi-year tuition guarantee program, allow the individual to have the estimates of tuition and fees described in subparagraphs (B) and (C) calculated based on the provisions of such guarantee program for the tuition and fees charged to a student, or cohort of students, enrolled for the duration of the program of study; andCommentsClose CommentsPermalink





‘(F) include any other features or information determined to be appropriate by the Secretary.CommentsClose CommentsPermalink





‘(3) AVAILABILITY AND COMPARISON- The multi-year tuition calculator described in paragraph (1) shall be available on the College Navigator website and shall allow current and prospective students, families of such students, and consumers to compare information and estimates under this subsection for multiple institutions of higher education.CommentsClose CommentsPermalink





‘(4) DISCLAIMER- Each calculation of estimated tuition and fees made using the multi-year tuition calculator described in paragraph (1) shall be accompanied by a clear and conspicuous notice--CommentsClose CommentsPermalink





‘(A) stating that the calculation--CommentsClose CommentsPermalink





‘(i) is only an estimate and not a guarantee of the actual amount the student may be charged;CommentsClose CommentsPermalink





‘(ii) is not binding on the Secretary, the institution of higher education, or the State; andCommentsClose CommentsPermalink





‘(iii) may change, subject to the availability of financial assistance, State appropriations, and other factors;CommentsClose CommentsPermalink





‘(B) stating that the student must complete the Free Application for Federal Student Aid described in section 483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under title IV; andCommentsClose CommentsPermalink





‘(C) including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 483.CommentsClose CommentsPermalink





‘(k) Student Aid Recipient Survey-CommentsClose CommentsPermalink





‘(1) SURVEY REQUIRED- The Secretary, acting through the Commissioner for Education Statistics, shall conduct, on a State-by-State basis, a survey of recipients of Federal student financial aid under title IV--CommentsClose CommentsPermalink





‘(A) to identify the population of students receiving such Federal student financial aid;CommentsClose CommentsPermalink





‘(B) to Congress a final report regarding such findingsdescribe the income distribution and other socioeconomic characteristics of recipients of such Federal student financial aid;CommentsClose CommentsPermalink





‘(C) to describe the combinations of aid from Federal, State, and private sources received by such recipients from all income categories;CommentsClose CommentsPermalink





‘(D) to describe the--CommentsClose CommentsPermalink





‘(i) debt burden of such loan recipients, and their capacity to repay their education debts; andCommentsClose CommentsPermalink





‘(ii) the impact of such debt burden on the recipients’ course of study and post-graduation plans;CommentsClose CommentsPermalink





‘(E) to describe the impact of the cost of attendance of postsecondary education in the determination by students of what institution of higher education to attend; andCommentsClose CommentsPermalink





‘(F) to describe how the costs of textbooks and other instructional materials affect the costs of postsecondary education for students.CommentsClose CommentsPermalink





‘(2) FREQUENCY- The survey shall be conducted on a regular cycle and not less often than once every four years.CommentsClose CommentsPermalink





‘(3) SURVEY DESIGN- The survey shall be representative of students from all types of institutions, including full-time and part-time students, undergraduate, graduate, and professional students, and current and former students.CommentsClose CommentsPermalink





‘(4) DISSEMINATION- The Commissioner for Education Statistics shall disseminate to the public, in printed and electronic form, the information resulting from the survey.CommentsClose CommentsPermalink





‘(l) Regulations- The Secretary is authorized to issue such regulations as may be necessary to carry out this section.’.CommentsClose CommentsPermalink

SEC. 109. DATABASES OF STUDENT INFORMATION 12. TEXTBOOK INFORMATION.CommentsClose CommentsPermalink

SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED.CommentsClose CommentsPermalink

Part C of title I (20 U.S.C. 1015), as amended by section 108, is further amended by adding at the end is further amended by adding after section 133 (as added by section 112 of this Act) the following:CommentsClose CommentsPermalink

‘SEC. 133. DATABASE OF STUDENT INFORMATION 4. DATABASE OF STUDENT INFORMATION PROHIBITED.CommentsClose CommentsPermalink

‘(a) Prohibition- Except as described in subsection (b), nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this Act, attending institutions receiving assistance under this Act, or otherwise involved in any studies or other collections of data under this Act, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.CommentsClose CommentsPermalink





‘(b) Exception- The provisions of subsection (a) shall not apply to a system (or a successor system) that is necessary for the --CommentsClose CommentsPermalink





‘(1) is necessary for the operation of programs authorized by title II, IV, or VII that were; andCommentsClose CommentsPermalink





‘(2) was in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher Education Amendments of 2007Opportunity Act.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 110. CLEAR AND EASY-TO-FIND INFORMATION ON STUDENT FINANCIAL AID4. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, SPOUSES, AND DEPENDENT CHILDREN.CommentsClose CommentsPermalink

Part C of title I (as amended by sections 108 and 109) is further amended by adding at the end20 U.S.C. 1015) is further amended by adding after section 134 (as added by section 113 of this Act) the following:CommentsClose CommentsPermalink

‘SEC. 134. CLEAR AND EASY-TO-FIND INFORMATION ON STUDENT FINANCIAL AID5. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT CHILDREN.CommentsClose CommentsPermalink

‘(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 websiRequirement- In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.CommentsClose CommentsPermalink





‘(b) Enhanced Student Financial Aid Information-‘(1) IN GENERAL- Not laterContinuation- If a member of the armed forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.CommentsClose CommentsPermalink





‘(c) Effective Date- This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.CommentsClose CommentsPermalink





‘(d) Definitions- In this section, the terms ‘armed forces’ and ‘active duty for a period of more 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 communication30 days’ have the meanings given those terms in section 101 of title 10, United States Code.’.CommentsClose CommentsPermalink

SEC. 110A5. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.CommentsClose CommentsPermalink

Part C of title I of the Higher Education Act of 1965 (as amended by this title) is further amended by adding at the end20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 114 of this Act) the following:CommentsClose CommentsPermalink

‘SEC. 1356. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.CommentsClose CommentsPermalink

‘(a) Purpose- It is the purpose of this section to carry out a pilot program to assist not more than 5five States to develop State-level postsecondary student data systems to--CommentsClose CommentsPermalink





‘(1) improve the capacity of States and institutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effectiveness of institutional performance while protecting the confidentiality of students’ personally identifiable information; andCommentsClose CommentsPermalink





‘(2) identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary outcomes.CommentsClose CommentsPermalink





‘(b) Definition of Eligible Entity- In this section, the term ‘eligible entity’ means--CommentsClose CommentsPermalink





‘(1) a State higher education system; orCommentsClose CommentsPermalink





‘(2) a consortium of State higher education systems, or a consortium of individual institutions of higher education, that is broadly representative of institutions in different sectors and geographic locations.CommentsClose CommentsPermalink





‘(c) Competitive Grants-CommentsClose CommentsPermalink





‘(1) GRANTS AUTHORIZED- The Secretary shall award grants, on a competitive basis, to not more than 5 eligible entities to enable the eligible entities to--‘(A)five eligible entities to enable the eligible entities to--CommentsClose CommentsPermalink





‘(A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; andCommentsClose CommentsPermalink





‘(B) examine the costs and burdens involved in implementing a State-level postsecondary student data system.CommentsClose CommentsPermalink





‘(2) DURATION- A grant awarded under this section shall be for a period of not more than 3three years.CommentsClose CommentsPermalink





‘(d) Application Requirements- An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines is necessarymay reasonably require, including a description of--CommentsClose CommentsPermalink





‘(1) how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with the section 444 of the General Education Provisions Act (Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g); andCommentsClose CommentsPermalink





‘(2) how the activities funded by the grant will be supported after the 3three-year grant period.CommentsClose CommentsPermalink





‘(e) Use of Funds- A grant awarded under this section shall be used to--CommentsClose CommentsPermalink





‘(1) design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within Statesa State;CommentsClose CommentsPermalink





‘(2) improve the capacity of institutions of higher education to analyze and use student data;CommentsClose CommentsPermalink





‘(3) select and define common data elements, data quality, and other elements that will enable the data system to--CommentsClose CommentsPermalink





‘(A) serve the needs of institutions of higher education for institutional research and improvement;CommentsClose CommentsPermalink





‘(B) provide students and the students’ families with useful information for decision-making about postsecondary education; andCommentsClose CommentsPermalink





‘(C) provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education;CommentsClose CommentsPermalink





‘(4) estimate costs and burdens at the institutional level for the reporting system for different types of institutions; andCommentsClose CommentsPermalink





‘(5) test the feasibility of protocols and standards for maintaining data privacy and data access.CommentsClose CommentsPermalink





‘(f) Evaluation; Reports- Not later than 6six months after the end of the projects funded by grants awarded under this section, the Secretary shall--CommentsClose CommentsPermalink





‘(1) conduct a comprehensive evaluation of the pilot program authorized by this section; andCommentsClose CommentsPermalink





‘(2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.CommentsClose CommentsPermalink





‘(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 59 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 1116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.CommentsClose CommentsPermalink

SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF FEDERAL STUDENT FINANCIAL ASSISTANCE.CommentsClose CommentsPermalink

Section 141 (20 U.S.C. 1018) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘operational’ and inserting ‘administrative and oversight’; andCommentsClose CommentsPermalink





(B) in paragraph (2)(D), by striking ‘of the operational functions’ and inserting ‘and administration’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘the information systems administered by the PBO, and other functions performed by the PBO’ and inserting ‘the Federal student financial assistance programs authorized under title IV’; andCommentsClose CommentsPermalink





(ii) by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink





‘(C) assist the Chief Operating Officer in identifying goals for--CommentsClose CommentsPermalink





‘(i) the administration of the systems used to administer the Federal student financial assistance programs authorized under title IV; andCommentsClose CommentsPermalink





‘(ii) the updating of such systems to current technology.’;CommentsClose CommentsPermalink





and(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking--CommentsClose CommentsPermalink





(I) by striking ‘administration of the information and financial systems that support’ and inserting ‘the administration of Federal’;(ii) in subparagraph (A)--(I) in the matter preceding andCommentsClose CommentsPermalink





(II) by striking ‘this title’ and inserting ‘title IV’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘of the delivery system for Federal student assistance’ and inserting ‘for the Federal student financial assistance programs authorized under title IV’;CommentsClose CommentsPermalink





(II) by striking clauses (i) and (ii) and inserting the following:CommentsClose CommentsPermalink





‘(i) the collection, processing, and transmission of data to students, institutions, lenders, State agencies, and other authorized parties;CommentsClose CommentsPermalink





‘(ii) the design and technical specifications for software development and procurement for systems supporting the Federal student financial assistance programs authorized under title IV;’;CommentsClose CommentsPermalink





(III) in clause (iii), by striking ‘delivery’ and inserting ‘administration’;CommentsClose CommentsPermalink





(IV) in clause (iv)--CommentsClose CommentsPermalink

(aa) by inserting ‘the’ after ‘supporting’; and(bb Federal’ after ‘supporting’;CommentsClose CommentsPermalink

(cc) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink

(V) in clause (v), by striking ‘systems that support those programs.’ and inserting ‘the administration of the Federal student financial assistance programs authorized under title IV; and’; andCommentsClose CommentsPermalink





(VI) by adding at the end the following:CommentsClose CommentsPermalink





‘(vi) ensuring the integrity of the studentFederal student financial assistance programs authorized under title IV.’; andCommentsClose CommentsPermalink





(iii) in subparagraph (B), by striking ‘operations and services’ and inserting ‘activities and functions’; andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Performance Plan and Report’ and inserting ‘Performance Plan, Report, and Briefing’;CommentsClose CommentsPermalink





(B) in paragraph (1)(C)--CommentsClose CommentsPermalink





(i) by striking ‘this title’ each place the term appears and inserting ‘under title IV’;CommentsClose CommentsPermalink





(ii) in clause (iii), by striking ‘information and delivery’; andCommentsClose CommentsPermalink





(iii) in clause (iv)--CommentsClose CommentsPermalink





(I) by striking ‘Developing an’ and inserting ‘Developing’; andCommentsClose CommentsPermalink





(II) by striking ‘delivery and information system’ and inserting ‘systems’;CommentsClose CommentsPermalink





(C) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘the’ after ‘PBO and’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘Officer’ and inserting ‘Officers’;CommentsClose CommentsPermalink





(D) in paragraph (3), by inserting ‘students,’ after ‘consult with’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVISIONS- The Chief Operating Officer shall provide an annualSecretary shall, upon request, provide a 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)Department has taken to ensure--CommentsClose CommentsPermalink





‘(A) the integrity of the student loan programs; andCommentsClose CommentsPermalink





‘(B) that lenders and guaranty agencies are adhering to the requirements of title IV.’;CommentsClose CommentsPermalink





(4) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking the second sentence; andCommentsClose CommentsPermalink





(B) in paragraph (5)--CommentsClose CommentsPermalink





(i) in subparagraph (B), by striking ‘paragraph (2)’ and inserting ‘paragraph (4)’; andCommentsClose CommentsPermalink





(ii) in subparagraph (C), by striking ‘this’;CommentsClose CommentsPermalink





(5) in subsection (f)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘to borrowers’ and inserting ‘to students, borrowers,’; andCommentsClose CommentsPermalink





(B) in paragraph (3)(A), by striking ‘(1)(A)’ and inserting ‘(1)’;CommentsClose CommentsPermalink





(6) in subsection (g)(3), by striking ‘not more than 25’;CommentsClose CommentsPermalink





(7) in subsection (h), by striking ‘organizational effectiveness’ and inserting ‘effectiveness’;CommentsClose CommentsPermalink





(8) by striking subsection (i);CommentsClose CommentsPermalink





(9) by redesignating subsection (j) as subsection (i); andCommentsClose CommentsPermalink





(10) in subsection (i) (as redesignated by paragraph (9)), by striking ‘, including transition costs’.CommentsClose CommentsPermalink

SEC. 1128. PROCUREMENT FLEXIBILITY.CommentsClose CommentsPermalink

Section 142 (20 U.S.C. 1018a) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘for information systems supporting the programs authorized under title IV’; andCommentsClose CommentsPermalink





(ii) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) through the Chief Operating Officer--CommentsClose CommentsPermalink





‘(A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; andCommentsClose CommentsPermalink





‘(B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.’;CommentsClose CommentsPermalink





(2) by striking subsection (c)(2) and inserting the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(3) in subsection (d)(2)(B), by striking ‘on Federal Government contracts’;CommentsClose CommentsPermalink





(4) in subsection (g)--CommentsClose CommentsPermalink





(A) in paragraph (4)(A)--CommentsClose CommentsPermalink





(i) in the subparagraph heading, by striking ‘SOLE SOURCE- ’ and inserting ‘SINGLE-SOURCE BASIS- ’; andCommentsClose CommentsPermalink





(ii) by striking ‘sole-source’ and inserting ‘single-source’; andCommentsClose CommentsPermalink





(B) in paragraph (7), by striking ‘sole-source’ and inserting ‘single-source’;CommentsClose CommentsPermalink





(5) in subsection (h)(2)(A), by striking ‘sole-source’ and inserting ‘single-source’; andCommentsClose CommentsPermalink





(6) in subsection (l), by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 1139. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.CommentsClose CommentsPermalink

SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.CommentsClose CommentsPermalink

Title I (as amended by this title) (20 U.S.C. 1001 et seq.) is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL LOANS

‘SEC. 151. DEFINITIONS.CommentsClose CommentsPermalink

‘In this part:CommentsClose CommentsPermalink





‘(1) COST OF ATTENDANCE- The term ‘cost of attendance’ has the meaning given the term in section 472AGENT- The term ‘agent’ means an officer or employee of a covered institution or an institution-affiliated organization.CommentsClose CommentsPermalink





‘(2) COVERED INSTITUTION- The term ‘covered institution’--‘(A) means any educational institution that offers a postsecondary educational degree, certificate, or program of study (including means 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, that receives any Federal funding or assistance.CommentsClose CommentsPermalink





‘(3) EDUCATION LOAN- The term ‘education loan’ (except when used as part of the term ‘private education loan’) means--CommentsClose CommentsPermalink





‘(A) 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 institutionpart B of title IV;CommentsClose CommentsPermalink





‘(B) any loan made under part D of title IV; orCommentsClose CommentsPermalink





‘(C) a private education loan.CommentsClose CommentsPermalink





‘(4) ELIGIBLE LENDER- The term ‘eligible lender’ has the meaning given such term in section 435(d).CommentsClose CommentsPermalink





‘(5) INSTITUTION-AFFILIATED ORGANIZATION- The term ‘institution-affiliated organization’--CommentsClose CommentsPermalink





‘(A) means any organization that--CommentsClose CommentsPermalink





‘(i) is directly or indirectly related to a covered institution; andCommentsClose CommentsPermalink





‘(ii) is engaged in the practice of 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.‘(5or endorsing education loans for students attending such covered institution or the families of such students;CommentsClose CommentsPermalink





‘(B) may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; andCommentsClose CommentsPermalink





‘(C) notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.CommentsClose CommentsPermalink





‘(6) LENDER- The term ‘lender’ (except when used as part of the terms ‘eligible lender’ and ‘private educational lender’)--CommentsClose CommentsPermalink





‘(A) means--CommentsClose CommentsPermalink





‘(i) any lender--‘(I) of a loan in the case 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, an eligible lender;CommentsClose CommentsPermalink





‘(ii) in the case of any loan issued or provided to a student under part D of title IV, the Secretary; andCommentsClose CommentsPermalink





‘(B) includes any individual, group, or entity acting on behalf of the lender in connection with an educational loan.‘(6iii) in the case of a private education loan, a private educational lender as defined in section 140 of the Truth in Lending Act; andCommentsClose CommentsPermalink





‘(B) includes any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.CommentsClose CommentsPermalink





‘(7) OFFICER- The term ‘officer’ includes a director or trustee of an institution covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively.CommentsClose CommentsPermalink





‘(8) PREFERRED LENDER ARRANGEMENT- The term ‘preferred lender arrangement’--CommentsClose CommentsPermalink





‘(A) means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution--CommentsClose CommentsPermalink





‘(i) under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; andCommentsClose CommentsPermalink





‘(ii) that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; andCommentsClose CommentsPermalink





‘(B) does not include--CommentsClose CommentsPermalink





‘(i) arrangements or agreements with respect to loans under part D of title IV; orCommentsClose CommentsPermalink





‘(ii) arrangements or agreements with respect to loans that originate through the auction pilot program under section 499(b).CommentsClose CommentsPermalink





‘(9) PRIVATE EDUCATION LOAN- The term ‘private education loan’ has the meaning given the term in section 140 of the Truth in Lending Act.CommentsClose CommentsPermalink

‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTSPONSIBILITIES OF COVERED INSTITUTIONS, INSTITUTION-AFFILIATED ORGANIZATIONS, AND LENDERS.CommentsClose CommentsPermalink

‘(a) Use of Lender Name- A covered institution that enters into an educational loanResponsibilities of Covered Institutions and Institution-Affiliated Organizations-CommentsClose CommentsPermalink





‘(1) DISCLOSURES BY COVERED INSTITUTIONS AND INSTITUTION-AFFILIATED ORGANIZATIONS-CommentsClose CommentsPermalink





‘(A) PREFERRED LENDER ARRANGEMENT DISCLOSURES- In addition to the disclosures required by subsections (a)(27) and (h) of section 487 (if applicable), a covered institution, or an institution-affiliated organization of such covered institution, that participates in a preferred lender arrangement shall disclose the name of the lender in--CommentsClose CommentsPermalink





‘(i) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss education loans--CommentsClose CommentsPermalink





‘(I) the maximum amount of Federal grant and loan aid under title IV available to students, in an easy to understand format;CommentsClose CommentsPermalink





‘(II) the information required to be disclosed pursuant to section 153(a)(2)(A)(i), for each type of loan described in section 151(3)(A) that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or the families of such students; andCommentsClose CommentsPermalink





‘(III) a statement that such institution is required to process the documents required to obtain a loan under part B of title IV from any eligible lender the student selects; andCommentsClose CommentsPermalink





‘(ii) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss private education loans--CommentsClose CommentsPermalink





‘(I) in the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(11) of the Truth in Lending Act (15 U.S.C. 1638(e)(11)), for each type of private education loan offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; andCommentsClose CommentsPermalink





‘(II) in the case of an institution-affiliated organization of a covered institution, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), for each type of private education loan offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students.CommentsClose CommentsPermalink





‘(B) PRIVATE EDUCATION LOAN DISCLOSURES- A covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding a private education loan from a lender to a prospective borrower shall--CommentsClose CommentsPermalink





‘(i) provide the prospective borrower with the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)) for such loan;CommentsClose CommentsPermalink





‘(ii) inform the prospective borrower that--CommentsClose CommentsPermalink





‘(I) the prospective borrower may qualify for loans or other assistance under title IV; andCommentsClose CommentsPermalink





‘(II) the terms and conditions of loans made, insured, or guaranteed under title IV may be more favorable than the provisions of private education loans; andCommentsClose CommentsPermalink





‘(iii) ensure that information regarding private education loans is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV.CommentsClose CommentsPermalink





‘(C) INFORMATIONAL MATERIALS- The informational materials described in this subparagraph are publications, mailings, or electronic messages or materials that--CommentsClose CommentsPermalink





‘(i) are distributed to prospective or current students of a covered institution and families of such students; andCommentsClose CommentsPermalink





‘(ii) describe or discuss the financial aid opportunities available to students at an institution of higher education.CommentsClose CommentsPermalink





‘(2) USE OF INSTITUTION NAME- A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall not agree to the lender’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans to students attending such institution in any way that implies that the loan is offered or made by such institution or organization instead of the lender.CommentsClose CommentsPermalink





‘(3) USE OF LENDER NAME- A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall ensure that the name of the lender is displayed in all information and documentation related to the loansuch loans.CommentsClose CommentsPermalink





‘(b) DisclosurLender Responsibilities-CommentsClose CommentsPermalink





‘(1) DISCLOSURES BY LENDERS-CommentsClose CommentsPermalink





Before a lender issues or otherwise provides an educational loan to a student, the lender shall provide the student, in writing ‘(A) DISCLOSURES TO BORROWERS- CommentsClose CommentsPermalink





‘(i) FEDERAL EDUCATION LOANS- For each education loan that is made, insured, or guaranteed under part B or D of title IV (other than a loan made under section 428C or a Federal Direct Consolidation Loan), at or prior to the time the lender disburses such loan, the lender shall provide the prospective borrower or borrower, in writing (including through electronic means), with the disclosures described in 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 subsections (a) and (c) of section 433.CommentsClose CommentsPermalink





‘(ii) PRIVATE EDUCATION LOANS- For each of a lender’s private education loans, the lender shall comply with the disclosure requirements under section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)).CommentsClose CommentsPermalink





‘(B) DISCLOSURES TO THE SECRETARY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Each lender of a loan made, insured, or guaranteed under part B of title IV shall, on an annual basis, report to the Secretary--CommentsClose CommentsPermalink





‘(I) 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 whoprovided under section 435(d)(5)(D) or paragraph (3)(B) or (7) of section 487(e) to any agent of a covered institution who--CommentsClose CommentsPermalink

‘(aa) is employed in the financial aid office of a covered institution; orCommentsClose CommentsPermalink

‘(bb) otherwise has responsibilities with respect to educational loans or other financial aid of the institution. Such reports shall include--‘(A) the amount of loans or other financial aid of the institution; andCommentsClose CommentsPermalink

‘(II) any similar expenses paid or provided to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans.CommentsClose CommentsPermalink





‘(ii) CONTENTS OF REPORTS- Each report described in clause (i) shall include--CommentsClose CommentsPermalink





‘(I) the amount for each specific instance in which the lender provided such reimbursement;‘(B) the name of the financial aid official or other employeeexpenses;CommentsClose CommentsPermalink





‘(II) the name of any agent described in clause (i) to whom the reimbursement was made;‘(Cexpenses were paid or provided;CommentsClose CommentsPermalink





‘(III) the dates of the activity for which the reimbursement was made; and‘(Dexpenses were paid or provided; andCommentsClose CommentsPermalink





‘(IV) a brief description of the activity for which the reimbursement was made.‘(2) expenses were paid or provided.CommentsClose CommentsPermalink





‘(iii) REPORT TO CONGRESS- The Secretary shall compile the information in paragraph (1)summarize the information received from the lenders under this subparagraph in a report and transmit such report to the authorizing committees annuallyannually to the authorizing committees.CommentsClose CommentsPermalink





‘(2) CERTIFICATION BY LENDERS- Not later than 18 months after the date of enactment of the Higher Education Opportunity Act--CommentsClose CommentsPermalink





‘(A) in addition to any other disclosure required under Federal law, each lender of a loan made, insured, or guaranteed under part B of title IV that participates in one or more preferred lender arrangements shall annually certify the lender’s compliance with the requirements of this Act; andCommentsClose CommentsPermalink





‘(B) if an audit of a lender is required pursuant to section 428(b)(1)(U)(iii), the lender’s compliance with the requirements under this section shall be reported on and attested to annually by the auditor of such lender.CommentsClose CommentsPermalink

‘SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONSLOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR COVERED INSTITUTIONS, INSTITUTION-AFFILIATED ORGANIZATIONS, AND LENDERS PARTICIPATING IN EDUCATIONAL LOANPREFERRED LENDER ARRANGEMENTS.CommentsClose CommentsPermalink

‘(a) Secretary DutiesDuties of the Secretary-CommentsClose CommentsPermalink





‘(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 (includingDETERMINATION OF MINIMUM DISCLOSURES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 18 months after the date of enactment of the Higher Education Opportunity Act, the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans described in section 151(3)(A) that are offered to students and the families of such students.CommentsClose CommentsPermalink





‘(B) CONSULTATION AND CONTENT OF MINIMUM DISCLOSURES- In carrying out subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink





‘(i) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, registraadmission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies;CommentsClose CommentsPermalink





‘(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 lenderii) include, in the minimum information under subparagraph (A) that is required to be made available, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), modified as necessary to apply to such loans; andCommentsClose CommentsPermalink





‘(iii) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the families of such borrowers the following information for each type of education loan offered pursuant to such preferred lender arrangement:CommentsClose CommentsPermalink





‘(I) The interest rate and terms and conditions of the loan for the upcoming academic year;‘(II) with respect to such loans, any benefits that are contingent on the repayment behavior of the borrower;‘(III) tnext award year, including loan forgiveness and deferment.CommentsClose CommentsPermalink





‘(II) Information on any charges, such as origination and Federal default fees, that are payable on the loan, and whether those charges will be--CommentsClose CommentsPermalink

‘(aa) collected by the lender at or prior to the disbursal of the loan, including whether the charges will be deducted from the proceeds of the loan or paid separately by the borrower; orCommentsClose CommentsPermalink

‘(bb) paid in whole or in part by the lender.CommentsClose CommentsPermalink

‘(III) The annual and aggregate maximum amounts that may be borrowed.CommentsClose CommentsPermalink





‘(IV) The average amount borrowed from the lender by students enrolled in the institution who obtainwho graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained loans of such type from the lender for the preceding 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 amountyear.CommentsClose CommentsPermalink





‘(V) The amount the borrower may pay in interest, based on a standard repayment plan and the average amount borrowed from the lender by students enrolled in the institution who obtainby students who graduated from such institution in the preceding year and who obtained loans of such type from the lender for the preceding academic year; and‘(ii) which format shall beyear, for--CommentsClose CommentsPermalink

‘(aa) borrowers who take out loans under section 428;CommentsClose CommentsPermalink

‘(bb) borrowers who take out loans under section 428B or 428H, who pay the interest while in school; andCommentsClose CommentsPermalink

‘(cc) borrowers who take out loans under section 428B or 428H, who do not pay the interest while in school.CommentsClose CommentsPermalink

‘(VI) The consequences for the borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy.CommentsClose CommentsPermalink





‘(VII) Contact information for the lender.CommentsClose CommentsPermalink





‘(VIII) Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).CommentsClose CommentsPermalink





‘(2) REQUIRED DISCLOSURES- After making the determinations under paragraph (1), the Secretary, in coordination with the Board of Governors of the Federal Reserve System and after consultation with the public, shall--CommentsClose CommentsPermalink





‘(A)(i) provide that the information determined under paragraph (1) shall be disclosed by covered institutions, and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding the education loans described in section 151(3)(A) that are offered pursuant to such preferred lender arrangements; andCommentsClose CommentsPermalink





‘(ii) make clear that such covered institutions and institution-affiliated organizations may provide the required information on a form designed by the institution or organization instead of the model disclosure form described in subparagraph (B);CommentsClose CommentsPermalink





‘(B) develop a model disclosure form that may be used by covered institutions, institution-affiliated organizations, and preferred lenders that includes all of the information required under subparagraph (A)(i) in a format that--CommentsClose CommentsPermalink





‘(i) is 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 shallstudents, families, institutions, institution-affiliated organizations, lenders, loan servicers, and guaranty agencies; andCommentsClose CommentsPermalink





‘(ii) is similar in format to the form developed by the Board of Governors of the Federal Reserve System under paragraphs (1) and (5)(A) of section 128(e), in order to permit students and the families of students to easily compare private education loans and education loans described in section 151(3)(A); andCommentsClose CommentsPermalink





‘(C) update such model disclosure form periodically, as necessary.CommentsClose CommentsPermalink





‘(b) Duties of Lenders- Each lender that has a preferred lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 151(3)(A) shall annually, by a date determined by the Secretary, provide to 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 academicsuch covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for each type of education loan described in section 151(3)(A) that the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year.CommentsClose CommentsPermalink





‘(c) Duties of Covered Institution Duties- Each covered institution shall--‘(1s and Institution-Affiliated Organizations-CommentsClose CommentsPermalink





‘(1) PROVIDING INFORMATION TO STUDENTS AND FAMILIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide the following information to students attending such institution, or the families of such students, as applicable:CommentsClose CommentsPermalink





‘(i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education loan described in section 151(3)(A) offered pursuant to a preferred lender arrangement to students of such institution or the families of such students.CommentsClose CommentsPermalink





‘(ii)(I) In the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(11) of the Truth in Lending Act (15 U.S.C. 1638(e)(11)) to the covered institution, for each type of private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students.CommentsClose CommentsPermalink





‘(II) In the case of an institution-affiliated organization, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), for each type of private education loan offered pursuant to such preferred lender arrangement to students of the institution with which such organization is affiliated or the families of such students.CommentsClose CommentsPermalink





‘(B) TIMELY PROVISION OF INFORMATION- The information described in subparagraph (A) shall be provided in a manner that allows for the students or the families to take such information into account before selecting a lender or applying for an education loan.CommentsClose CommentsPermalink





‘(2) ANNUAL REPORT- Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall--CommentsClose CommentsPermalink





‘(A) 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 preferred lender arrangement with such covered institution or organization--CommentsClose CommentsPermalink





‘(i) the information described in clauses (i) and (ii) of paragraph (1)(A); andCommentsClose CommentsPermalink





‘(ii) a detailed explanation of why such covered institution or institution-affiliated organization entered into a preferred lender arrangement with the lender, including why the 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‘(2terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students attending such institution, or the families of such students, as applicable; andCommentsClose CommentsPermalink





‘(B) ensure that the report required under paragraph (1subparagraph (A) 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.’.SEC. 114. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES.(a) Study, Assessments, and Recommendations- The Comptroller General of the United States shall--(1) conduct a study of--(A) the information that States currently have on the employment of students who have completed postsecondary education programs;(B) the feasibility of collecting information on students who complete all types of postsecondary education programs (including 2- and 4-year degree, certificate, and professional and graduate programs) at all types of institutions (including public, private nonprofit, and for-profit schools), regarding--(i) employment, including--(I) the type of job obtained not later than 6 months after the completion of the degree, certificate, or program;(II) whether such job was related to the course of study;(III) the starting salary for such job; and(IV) the student’s satisfaction with the student’s preparation for such job and guidance provided with respect to securing the job; and(ii) for recipients of Federal student aid, the type of assistance received, so that the information can be used to evaluate various education programs;(C) the evaluation systems used by other industries to identify successful programs and challenges, set priorities, monitor performance, and make improvements;(D) the best means of collecting information from or regarding recent postsecondary graduates, including--(i) whether a national website would be the most effective way to collect information;(ii) whether postsecondary graduates could be encouraged to submit voluntary information by allowing a graduate to access aggregated information about other graduates (such as graduates from the graduate’s school, with the graduate’s degree, or in the graduate’s area) if the graduate completes an online questionnaire;(iii) whether employers could be encouraged to submit information by allowing an employer to access aggregated information about graduates (such as institutions of higher education attended, degrees, or starting pay) if the employer completes an online questionnaire to evaluate the employer’s satisfaction with the graduates the employer hires; and(iv) whether postsecondary institutions that receive Federal funds or whose students have received Federal student financial aid could be required to submit aggregated information about the graduates of the institutions; and(E) the best means of displaying employment information; and(2) provide assessments and recommendations regarding--(A) whether successful State cooperative relationships between higher education system offices and State agencies responsible for employment statistics can be encouraged and replicated in other States;(B) whether there is value in collecting additional information from or about the employment experience of individuals who have recently completed a postsecondary educational program;(C) what are the most promising ways of obtaining and displaying or disseminating such information;(D) if a website is used for such information, whether the website should be run by a governmental agency or contracted out to an independent education or employment organization;(E) whether a voluntary information system would work, both from the graduates’ and employers’ perspectives;(F) the value of such information to future students, institutions, accrediting agencies or associations, policymakers, and employers, including how the information would be used and the practical applications of the information;(G) whether the request for such information is duplicative of information that is already being collected; and(H) whether the National Postsecondary Student Aid Survey conducted by the National Center for Education Statistics could be amended to collect such information.(b) Reports-(1) PRELIMINARY REPORT- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a preliminary report regarding the study, assessments, and recommendations described in subsection (a).(2) FINAL REPORT- Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a final report regarding such study, assessments, and recommendations.SEC. 115. FOREIGN MEDICAL SCHOOLS.(a) Percentage Pass Rate-(1) IN GENERAL- Section 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking ‘60’ and inserting ‘75’.(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on July 1, 2010.(b) Study-(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall--such covered institution and the families of such students.CommentsClose CommentsPermalink





‘(3) CODE OF CONDUCT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 487(a)(25).CommentsClose CommentsPermalink





‘(B) APPLICABLE CODE OF CONDUCT- For purposes of subparagraph (A), an institution-affiliated organization of a covered institution shall--CommentsClose CommentsPermalink





‘(i) comply with the code of conduct developed and published by such covered institution under subparagraphs (A)complete a study that shall examine American students receiving Federal financial aid to attend graduate medical schools located outside of the United States; and(B) submit to Congress a report setting forth the conclusions of the study.(2) CONTENTS- The study conducted under this subsection shall include the following:(A) The amount of Federal student financial aid dollars that are being spent on graduate medical schools located outside of the United States every year, and the percentage of overall student aid such amount represents.(B) The percentage of students of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates the first time.(C) The percentage of student and (B) of section 487(a)(25);CommentsClose CommentsPermalink





‘(ii) if such institution-affiliated organization has a website, publish such code of conduct prominently on the website; andCommentsClose CommentsPermalink





‘(iii) administer and enforce such code of conduct by, at a minimum, requiring that all of such organization’s agents with responsibilities with respect to education loans be annually informed of the provisions of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates after taking such examinations multiple times, disaggregated by how many times the students had to take the examinations to pass.(D) The percentage of recent graduates of such medical schools practicing medicine in the United States, and a description of where the students are practicing and what types of medicine the students are practicing.(E) The rate of graduates of such medical schools who lose malpractice lawsuits or have the graduates’ medical licenses revoked, as compared to graduates of graduate medical schools located in the United States.(F) Recommendations regarding the percentage passing rate of the examinations administered by the Educational Commission for Foreign Medical Graduates that the United States should require of graduate medical schools located outside of the United States for Federal financial aid purposes.SEC. 116. DEMONSTRATION AND CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.code of conduct.CommentsClose CommentsPermalink

‘SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR INSTITUTIONS PARTICIPATING IN THE WILLIAM. D. FORD FEDERAL DIRECT LOAN PROGRAM.CommentsClose CommentsPermalink

‘(a) Provision of Disclosures to Institutions by the Secretary- Not later than 180 days after the development of the model disclosure form under section 153(a)(2)(B), the Secretary shall provide each institution of higher education participating in the William D. Ford Direct Loan Program under part D of title IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such institution as is required on such form for loans described in section 151(3)(A).CommentsClose CommentsPermalink





‘(b) Duties of Institutions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each institution of higher education participating in the William D. Ford Direct Loan Program under part D of title IV shall--CommentsClose CommentsPermalink





‘(A) make the information the Secretary provides to the institution under subsection (a)Prohibition- No Federal funds received by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).(b) Applicability- The prohibition in available to students attending or planning to attend the institution, or the families of such students, as applicable; andCommentsClose CommentsPermalink





‘(B) if the institution provides information regarding a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a) applies with respect to the following Federal actions:(1) The awarding of any Federal contract.(2) The making of any Federal grant.(3) The making of any Federal loan.(4) The entering into of any Federal cooperative agreement.(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.(c) Lobbying and Earmarks- No Federal student aid funding may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.(d) Demonstration and Certification- Each institution of higher education or other postsecondary educational institution receiving Federal funding, as a condition for receiving such funding, shall annually demonstrate and certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.(e) Actions To Implement and Enforce- The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are vigorously implemented and enforced.CommentsClose CommentsPermalink





‘(2) CHOICE OF FORMS- In providing the information required under paragraph (1), an institution of higher education may use a comparable form designed by the institution instead of the model disclosure form developed under section 153(a)(2)(B).’.CommentsClose CommentsPermalink

TITLE II--TEACHER QUALITY ENHANCEMENTCommentsClose CommentsPermalink

SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS.Part A of tENHANCEMENT.CommentsClose CommentsPermalink

Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:

‘PART A--TEACHER QUALITY PARTNERSHIP GRANTS

‘SEC. 201. PURPOSES;--CommentsClose CommentsPermalink




(1) by inserting before part A the following:CommentsClose CommentsPermalink

‘SEC. 200. DEFINITIONS.CommentsClose CommentsPermalink

‘(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 partIn this title:CommentsClose CommentsPermalink





‘(1) ARTS AND SCIENCES- The term ‘arts and sciences’ means--CommentsClose CommentsPermalink





‘(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) CHILDREN FROM LOW-INCOME FAMILIES- The term ‘children from low-income families’ means children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) EARLY CHILDHOOD EDUCATION PROGRAM- The term ‘early childhood education program’ means--‘(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);‘(B) a State licensed or regulated child care program or school; or‘(C) a State prekindergarten program that serves children from birth through kindergarten and that addresses the children’s cognitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development.‘(5) EARLY CHILDHOOD EDUCATOR- The term ‘early childhood educator’ means an individual with primary responsibility for the education of children in an early childhood education program.CommentsClose CommentsPermalink





‘(6) 5) EDUCATIONAL SERVICE AGENCY- The term ‘educational service agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(76) ELIGIBLE PARTNERSHIP- TExcept as otherwise provided in section 251, the term ‘eligible partnership’ means an entity that--CommentsClose CommentsPermalink





‘(A) shall include--CommentsClose CommentsPermalink





‘(i) a high-need local educational agency;CommentsClose CommentsPermalink





‘(ii)(I) a high-need school or a consortium of high-need schools served by the high-need local educational agency or,; orCommentsClose CommentsPermalink





‘(II) as applicable, a high-need early childhood education program;CommentsClose CommentsPermalink





‘(iii) a partner institution;CommentsClose CommentsPermalink





‘(iv) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; andCommentsClose CommentsPermalink





‘(v) a school or department of arts and sciences within such partner institution; andCommentsClose CommentsPermalink





‘(B) may include any of the following:CommentsClose CommentsPermalink





‘(i) The Governor of the State.CommentsClose CommentsPermalink





‘(ii) The State educational agency.CommentsClose CommentsPermalink





‘(iii) The State board of education.CommentsClose CommentsPermalink





‘(iv) The State agency for higher education.CommentsClose CommentsPermalink





‘(v) A business.CommentsClose CommentsPermalink





‘(vi) A public or private nonprofit educational organization.CommentsClose CommentsPermalink





‘(vii) An educational service agency.CommentsClose CommentsPermalink





‘(viii) A teacher organization.CommentsClose CommentsPermalink





‘(ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.CommentsClose CommentsPermalink





‘(x) A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).CommentsClose CommentsPermalink





‘(xi) A school or department within the partner institution that focuses on psychology and human development.CommentsClose CommentsPermalink





‘(xii) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.CommentsClose CommentsPermalink





‘(8xiii) An entity operating a program that provides alternative routes to State certification of teachers.CommentsClose CommentsPermalink





‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION- The term ‘essential components of reading instruction’ has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965.‘(9the term in section 1208 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(8) EXEMPLARY TEACHER- The term ‘exemplary teacher’ has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.‘(10the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM- The term ‘high-need early childhood education program’ means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.CommentsClose CommentsPermalink





‘(110) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term ‘high-need local educational agency’ means a local educational agency--CommentsClose CommentsPermalink





‘(A)(i) for which not less than 20 percent of the children served by the agency are children from low-income families;CommentsClose CommentsPermalink





‘(ii) that serves not fewer than 10,000 children from low-income families;CommentsClose CommentsPermalink





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 ‘(iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965; or CommentsClose CommentsPermalink





‘(iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 6221(b) of the Elementary and Secondary Education Act of 1965; andCommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.CommentsClose CommentsPermalink





‘(121) HIGH-NEED SCHOOL-CommentsClose CommentsPermalink





The term ‘(A) IN GENERAL- The term ‘high-need school’ means a public elementary school or public secondary school that--‘(A) is amongschool that, based on the most recent data available, meets one or both of the following:CommentsClose CommentsPermalink





‘(i) The school is in 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 thequartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty:CommentsClose CommentsPermalink





‘(I) The percentage of students aged 5 through 17 in poverty line; or‘(B) is designated with a school locale code of 6, 7, or 8, as determined by the Secretary.‘(13)counted in the most recent census data approved by the Secretary.CommentsClose CommentsPermalink





‘(II) The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.CommentsClose CommentsPermalink





‘(III) The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security Act.CommentsClose CommentsPermalink





‘(IV) The percentage of students eligible to receive medical assistance under the Medicaid program.CommentsClose CommentsPermalink





‘(V) A composite of two or more of the measures described in subclauses (I) through (IV).CommentsClose CommentsPermalink





‘(ii) In the case of--CommentsClose CommentsPermalink





‘(I) an elementary school, the school serves students not less than 60 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; orCommentsClose CommentsPermalink





‘(II) any other school that is not an elementary school, the other school serves students not less than 45 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE-CommentsClose CommentsPermalink





‘(i) DESIGNATION BY THE SECRETARY- The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.CommentsClose CommentsPermalink





‘(ii) APPLICATION REQUIREMENTS- An application for designation of a school under clause (i) shall include--CommentsClose CommentsPermalink





‘(I) the number and percentage of students attending such school who are--CommentsClose CommentsPermalink

‘(aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;CommentsClose CommentsPermalink

‘(bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;CommentsClose CommentsPermalink

‘(cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; orCommentsClose CommentsPermalink

‘(dd) eligible to receive medical assistance under the Medicaid program;CommentsClose CommentsPermalink

‘(II) information about the student academic achievement of students at such school; andCommentsClose CommentsPermalink





‘(III) for a secondary school, the graduation rate for such school.CommentsClose CommentsPermalink





‘(12) HIGHLY COMPETENT- The term ‘highly competent’, when used with respect to an early childhood educator, means an educator--CommentsClose CommentsPermalink





‘(A) with specialized education and training in development and education of young children from birth until entry into kindergarten;CommentsClose CommentsPermalink





‘(B) with--CommentsClose CommentsPermalink





‘(i) a baccalaureate degree in an academic major in the arts and sciences; orCommentsClose CommentsPermalink





‘(ii) an associate’s degree in a related educational area; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(143) 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.CommentsClose CommentsPermalink





‘(154) INDUCTION PROGRAM- The term ‘induction program’ means a formalized program for new teachers during not less than the teachers’ first 2two 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:CommentsClose CommentsPermalink





‘(A) High-quality teacher mentoring.CommentsClose CommentsPermalink





‘(B) Periodic, structured time for collaboration with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, and participatingother appropriate instructional staff, and participating faculty in the partner institution.CommentsClose CommentsPermalink





‘(C) The application of empirically -based practice and scientifically valid research on instructional practices.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) The development of skills in instructional and behavioral interventions derived from empirically based practice and, where applicable, -based practice and, where applicable, scientifically valid research.CommentsClose CommentsPermalink





‘(F) Faculty who--CommentsClose CommentsPermalink





‘(i) model the integration of research and practice in the classroom; andCommentsClose CommentsPermalink





‘(ii) assist new teachers with the effective use and integration of technology in the classroom.CommentsClose CommentsPermalink





‘(G) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers onwith respect to the learning process and the assessment of learning.CommentsClose CommentsPermalink





‘(H) Assistance with the understanding of data, particularly student achievement data, and the data’s applicabilityapplicability of such data in classroom instruction.CommentsClose CommentsPermalink





‘(I) Regular evaluation of the new teacher.‘(16) and structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching skills.CommentsClose CommentsPermalink





‘(15) LIMITED ENGLISH PROFICIENT- The term ‘limited English proficient’ has the meaning given suchthe term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(16) PARENT- The term ‘parent’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(17) PARTNER INSTITUTION- The term ‘partner institution’ means an institution of higher education, which may include a 2two-year institution of higher education offering a dual program with a 4four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program--CommentsClose CommentsPermalink





‘(A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State--CommentsClose CommentsPermalink





‘(I) using criteria consistent with the requirements for the State report card under section 205(b) before the first publication of such report card; andCommentsClose CommentsPermalink





‘(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; orandCommentsClose CommentsPermalink





‘(B) that requires--CommentsClose CommentsPermalink





‘(i) each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;CommentsClose CommentsPermalink





‘(ii) each student in the program preparing to become a teacher to become highly qualified; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH- The term ‘principles of scientific research’ means research that--‘(A) appliesprinciples of research that--CommentsClose CommentsPermalink





‘(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;CommentsClose CommentsPermalink





‘(B)presents findings and makes present findings and make claims that are appropriate to and supported by, and supported by, the methods that have been employed; andCommentsClose CommentsPermalink





‘(C) includes, appropriate to, appropriate to the research being conducted--CommentsClose CommentsPermalink





‘(i) use of systematic, empirical methods that draw on observation or experiment;CommentsClose CommentsPermalink





‘(ii) use of data analyses that are adequate to support the general findings;CommentsClose CommentsPermalink





‘(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;CommentsClose CommentsPermalink





‘(iv) strong claims of causal relationships only in, only with research designs that substantially eliminate plausible competing explanations for the obtained results, which may include but shall not be limited toobserved results, such as, but not limited to, random-assignment experiments;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; andCommentsClose CommentsPermalink





‘(vii) use of research designs and methods appropriate to the research question posedconsistency of findings across multiple studies or sites to support the generality of results and conclusions.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(21) TEACHER MENTORING- The term ‘teacher mentoring’ means the mentoring of new or prospective teachers through a new or established program that--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction;‘(C) provides and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports);CommentsClose CommentsPermalink





‘(C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;CommentsClose CommentsPermalink





‘(D) provides paid release time for mentors, as applicable;CommentsClose CommentsPermalink





‘(E) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;CommentsClose CommentsPermalink





‘(EF) promotes empirically -based practice of, and scientifically valid research on, where applicable--CommentsClose CommentsPermalink





‘(i) teaching and learning;CommentsClose CommentsPermalink





‘(ii) assessment of student learning;CommentsClose CommentsPermalink





‘(iii) the development of teaching skills through the use of instructional and behavioral interventions; andCommentsClose CommentsPermalink





‘(iv) the improvement of the mentees’ capacity to measurably advance student learning; andCommentsClose CommentsPermalink





‘(FG) includes--CommentsClose CommentsPermalink





‘(i) common planning time or regularly scheduled collaboration for the mentor and mentee; andCommentsClose CommentsPermalink





‘(ii) joint professional development opportunities.CommentsClose CommentsPermalink





‘(22) TEACHING RESIDENCY PROGRAM- The term ‘teaching residency program’ means a school-based teacher preparation program in which a prospective teacher--CommentsClose CommentsPermalink





‘(A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(C) acquires effective teaching skills; andCommentsClose CommentsPermalink





‘(D) prior to completion of the program, earns a master’s degree, attains full State teacher certification or licensure, and becomes highly qualified.CommentsClose CommentsPermalink





‘(23) TEACHING SKILLS- The term ‘teaching skills’ means skills that enable a teacher to--CommentsClose CommentsPermalink





‘(A) increase student learning, achievement, and the ability to apply knowledge;CommentsClose CommentsPermalink





‘(B) effectively convey and explain academic subject matter;CommentsClose CommentsPermalink





‘(C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills;CommentsClose CommentsPermalink





‘(D) employ strategies grounded in the disciplines of teaching and learning that--CommentsClose CommentsPermalink





‘(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) related to teaching and learning;CommentsClose CommentsPermalink





‘(ii) are specific to academic subject matter; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(D) conduct an ongoing assessment of student E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills, including (including application, analysis, synthesis, and evaluation;‘(E);CommentsClose CommentsPermalink





‘(F) effectively manage a classroom;‘(F) , including the ability to implement positive behavioral interventions and support strategies;CommentsClose CommentsPermalink





‘(G) communicate and work with parents and guardians, and involve parents and guardians in their children’s education; and‘(G, and involve parents in their children’s education; andCommentsClose CommentsPermalink





‘(H) use, in the case of an early childhood educator, age- and developmentally-appropriate strategies and practices for children in early 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 qualifiedappropriate and developmentally appropriate strategies and practices for children in early childhood education programs.’;CommentsClose CommentsPermalink





(2) by striking part A and inserting the following:CommentsClose CommentsPermalink

‘SEC. 201. PURPOSES.CommentsClose CommentsPermalink

‘The purposes of this part are to--CommentsClose CommentsPermalink





‘(1) improve student achievement;CommentsClose CommentsPermalink





‘(2) improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers;CommentsClose CommentsPermalink





‘(3) hold teacher preparation programs at institutions of higher education accountable for preparing highly qualified teachers; andCommentsClose CommentsPermalink





‘(4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.CommentsClose CommentsPermalink

‘SEC. 202. PARTNERSHIP GRANTS.CommentsClose CommentsPermalink

‘(a) Program Authorized- From amounts made available under section 208, the Secretary is authorized to award grants, on a competitive 9, 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).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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 of general education and special education teachers, principals, and, as applicable, early childhood educators;CommentsClose CommentsPermalink





‘(2) a description of the extent to which the program preparesto be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills;CommentsClose CommentsPermalink





‘(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 thosehow such program will prepare prospective and new teachers to understand and use research and data to modify and improve classroom instruction;CommentsClose CommentsPermalink





‘(4) a description of--CommentsClose CommentsPermalink





‘(A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation, and; andCommentsClose CommentsPermalink





‘(B) 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 theteacher quality and student academic achievement;CommentsClose CommentsPermalink





‘(5) an assessment that describes the resources available to the eligible partnership, including--CommentsClose CommentsPermalink





‘(A) the integration of funds from other related sources;CommentsClose CommentsPermalink





‘(B) the intended use of the grant funds; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(6) a description of--CommentsClose CommentsPermalink





‘(A) how the eligible partnership will meet the purposes of this part;CommentsClose CommentsPermalink





‘(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, based on the needs identified in paragraph (1), with the goal of improving student academic achievement;CommentsClose CommentsPermalink





‘(C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement;CommentsClose CommentsPermalink





‘(D) the partnership’s evaluation plan under section 204(a);CommentsClose CommentsPermalink





‘(DE) how the partnership will align the teacher preparation program under subsection (c) with the--CommentsClose CommentsPermalink





‘(i) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; andCommentsClose CommentsPermalink





‘(ii) the student academic achievement standards and academic content standards under section 1111(b)(2) of the Elementary and Secondary Education Act ofstudent 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;CommentsClose CommentsPermalink





‘(E) how faculty F) how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act;CommentsClose CommentsPermalink





‘(G) how the partnership will prepare general education and special education teachers to teach students who are limited English proficient;CommentsClose CommentsPermalink





‘(H) 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 provid, during the term of the grant, with highly qualified teachers in the classrooms of high-need schools served by the high-need local educational agency in the partnership to--CommentsClose CommentsPermalink





‘(i) provide high-quality professional development activities;‘(F) how the partnership will to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; andCommentsClose CommentsPermalink





‘(ii) train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction;CommentsClose CommentsPermalink





‘(I) how the partnership will design, implement, or enhance a year-long, rigorous, and enriching and rigorous teaching preservice clinical program component;CommentsClose CommentsPermalink





‘(G) theJ) how the partnership will support in-service professional development strategies and activities to be supported; and‘(H; andCommentsClose CommentsPermalink





‘(K) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; andCommentsClose CommentsPermalink





‘(7) with respect to the induction program required as part of the activities carried out under this section--CommentsClose CommentsPermalink





‘(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 thwill effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate;CommentsClose CommentsPermalink





‘(B) a demonstration of the eligible partnership’s capability and commitment to the use of empirically , and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning, and the accessibility to and involvement of faculty;CommentsClose CommentsPermalink





‘(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, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; andCommentsClose CommentsPermalink





‘(D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.CommentsClose CommentsPermalink





‘(c) Required Use of Grant Funds- An eligible partnership that receives a grant under this part section--CommentsClose CommentsPermalink





‘(1) shall use grant funds to carry out a program for the pre-baccalaureate preparation of teachers under subsection (d), a teaching residency program under subsection (e), or both such programs.‘(d) a combination of such programs; andCommentsClose CommentsPermalink





‘(2) may use grant funds to carry out a leadership development program under subsection (f).CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(1) REFORMS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) preparing--CommentsClose CommentsPermalink





‘(I) currentnew 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);CommentsClose CommentsPermalink





‘(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 related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; andCommentsClose CommentsPermalink





‘(III) as applicable, early childhood educators to be highly competent; andCommentsClose CommentsPermalink





‘(ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development.CommentsClose CommentsPermalink





‘(B) REQUIRED REFORMS- The reforms described in subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;CommentsClose CommentsPermalink





‘(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 childhoodeaching and learning so that all prospective teachers and, as applicable, early childhood educators--CommentsClose CommentsPermalink





‘(I) can understand and implement research-based teaching practices in classroom-based instruction;‘(II) have knowledge of student learningunderstand and can implement research-based teaching practices in classroom instruction;CommentsClose CommentsPermalink





‘(II) have knowledge of student learning methods;CommentsClose CommentsPermalink





‘(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, and use such data and measures to improve classroom instruction;CommentsClose CommentsPermalink





‘(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable thegeneral education and special education teachers and early childhood educators to--CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(bb) differentiate instruction for such students;CommentsClose CommentsPermalink

and‘(V ‘(V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and CommentsClose CommentsPermalink





‘(VI) can successfully employ effective strategies for reading instruction using the essential components of reading instruction;CommentsClose CommentsPermalink





‘(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 prospective teachers receive training in both teaching and relevant content areas in order to become highly qualified, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act;CommentsClose CommentsPermalink





‘(iv) developing and implementing an induction program;CommentsClose CommentsPermalink





and‘(v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership.‘(2); andCommentsClose CommentsPermalink





‘(vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) Incorporate year-long opportunities for enrichment activity or a combination of activities, including--CommentsClose CommentsPermalink





‘(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, and identified by the eligible partnership; andCommentsClose CommentsPermalink





‘(ii) closely supervised interaction between faculty and new andprospective teachers and faculty, experienced teachers, principals, and other administratoother administrators, and school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction.CommentsClose CommentsPermalink





‘(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.CommentsClose CommentsPermalink





‘(C) Provide high-quality teacher mentoring.CommentsClose CommentsPermalink





‘(D)(i Be offered over the course of a program of teacher preparation.CommentsClose CommentsPermalink





‘(E) Be offered over the course of a program of teacher preparation;‘(ii) be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); and‘(iii) wfifth year of a teacher preparation program).CommentsClose CommentsPermalink





‘(F) Where feasible, allow prospective teachers to learn to teach in the same school district in which the teachers will work, learning the instructional local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that district.‘(Elocal educational agency.CommentsClose CommentsPermalink





‘(G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities.CommentsClose CommentsPermalink





‘(H) Provide support and training for those individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (2), and for those3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include--CommentsClose CommentsPermalink





‘(i) with respect to a prospective teacher or a mentor, release time for such individual’s participation;CommentsClose CommentsPermalink





‘(ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; andCommentsClose CommentsPermalink





‘(iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or merit or performance-based payperformance pay, based on the mentor’s extra skills and responsibilities.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) TEACHER RECRUITMENT- Developing and implementing effective mechanisms to ensure that(which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers through the activities of the eligible partnership.‘(e), which may include an emphasis on recruiting into the teaching profession--CommentsClose CommentsPermalink





‘(A) individuals from under represented populations;CommentsClose CommentsPermalink





‘(B) individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; andCommentsClose CommentsPermalink





‘(C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.CommentsClose CommentsPermalink





‘(6) LITERACY TRAINING- Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers--CommentsClose CommentsPermalink





‘(A) to implement literacy programs that incorporate the essential components of reading instruction;CommentsClose CommentsPermalink





‘(B) to use screening, diagnostic, formative, and summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills;CommentsClose CommentsPermalink





‘(C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; andCommentsClose CommentsPermalink





‘(D) to integrate literacy skills in the classroom across subject areas.CommentsClose CommentsPermalink





‘(e) Partnership Grants for the Establishment of Teaching Residency Programs-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 ofPlacing 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.CommentsClose CommentsPermalink





‘(C) Ensuring that teaching residents that participated in the teachingwho participate in the teaching residency program receive--CommentsClose CommentsPermalink





‘(i) effective preservice preparation as described in paragraph (2);CommentsClose CommentsPermalink





‘(ii) teacher mentoring;CommentsClose CommentsPermalink





‘(iii) inductionsupport required through the induction program as the teaching residents enter the classroom as new teachers; andCommentsClose CommentsPermalink





‘(iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).CommentsClose CommentsPermalink





‘(2) TEACHING RESIDENCY PROGRAMS-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(i) The integration of pedagogy, classroom practice, and teacher mentoring.CommentsClose CommentsPermalink





‘(ii) Engagement of teaching residents in rigorous graduate-level course work to earn a master’s degree while undertaking a guided teaching apprenticeship.CommentsClose CommentsPermalink





‘(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher--CommentsClose CommentsPermalink





‘(I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;CommentsClose CommentsPermalink





‘(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 ew 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; andCommentsClose CommentsPermalink





‘(III) who may have full reliefbe relieved from teaching duties as a result of such additional responsibilities.CommentsClose CommentsPermalink





‘(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, but not limited to, observations of the following:CommentsClose CommentsPermalink





‘(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning.CommentsClose CommentsPermalink





‘(II) Appropriate instruction that engages students with different learning styles.CommentsClose CommentsPermalink





‘(III) Collaboration with colleagues to improve instruction.CommentsClose CommentsPermalink





‘(IV) Analysis of gains in student learning, based on multiple measures, that are valid and reliable and that, when feasible, may include valid and reliable, reliable, and objective measures of the influence of teachers on the rate of student academic progress.CommentsClose CommentsPermalink





‘(V) In the case of mentor candidates who will be mentoring current or futurnew or prospective literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.CommentsClose CommentsPermalink





‘(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.CommentsClose CommentsPermalink





‘(vi) The development of admissions goals and priorities--CommentsClose CommentsPermalink





‘(I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of thesuch agency, in exchange for a commitment by the agency such agency to hire graduates from the teaching residency programqualified graduates from the teaching residency program; andCommentsClose CommentsPermalink





‘(II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession.CommentsClose CommentsPermalink





‘(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 two years of teaching.CommentsClose CommentsPermalink





‘(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS-CommentsClose CommentsPermalink





‘(i) ELIGIBLE INDIVIDUAL- In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall--CommentsClose CommentsPermalink





‘(I) be a recent graduate of a 4four-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; andCommentsClose CommentsPermalink





‘(II) submit an application to the teaching residency program.CommentsClose CommentsPermalink





‘(ii) SELECTION CRITERIA- An eligible partnership carrying out a teaching residency program under this subparagraphsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:CommentsClose CommentsPermalink





‘(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.CommentsClose CommentsPermalink





‘(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.CommentsClose CommentsPermalink





‘(III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.CommentsClose CommentsPermalink





‘(C) STIPEND AND SERVICE REQUIREMENTS OR SALARIES; APPLICATIONS; AGREEMENTS; REPAYMENTS-CommentsClose CommentsPermalink





‘(i) STIPENDS OR SALARIES- A teaching residency program under this paragraph shall provide a 1subsection shall provide a one-year living stipend or salary to teaching residents during the 1one-year teaching residency program.CommentsClose CommentsPermalink





‘(ii) SERVICE REQUIREMENT- As a condition of receiving a stipend under this subparagraph, a teaching resident shall agree to teachAPPLICATIONS FOR STIPENDS OR SALARIES- Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require.CommentsClose CommentsPermalink





‘(iii) AGREEMENTS TO SERVE- Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will--CommentsClose CommentsPermalink





‘(I) serve as a full-time teacher for a total of not less than three academic years immediately after successfully completing the one-year teaching residency program;CommentsClose CommentsPermalink





‘(II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership 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 agencyand teach a subject or area that is designated as high need by the partnership;CommentsClose CommentsPermalink





‘(III) provide to the eligible partnership a pro rata portion of the stipend amount for the amount of teaching time that the individual did not completecertificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service;CommentsClose CommentsPermalink





‘(IV) meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; andCommentsClose CommentsPermalink





‘(V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause.CommentsClose CommentsPermalink





‘(iv) REPAYMENTS-CommentsClose CommentsPermalink





‘(I) IN GENERAL- A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.CommentsClose CommentsPermalink





‘(II) OTHER TERMS AND CONDITIONS- Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances.CommentsClose CommentsPermalink





‘(III) USE OF REPAYMENTS- An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection.CommentsClose CommentsPermalink





‘(f) Allowable Use of Grant FundsPartnership Grants for the Development of Leadership Programs-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An eligible partnership that receives a grant under this part may use grant funds provided to carry out the activities described in subsections (d)section may carry out an effective school leadership program, which may be carried out in partnership with a local educational agency located in a rural area and that shall include all of the following activities:CommentsClose CommentsPermalink





‘(A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader).CommentsClose CommentsPermalink





‘(B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively--CommentsClose CommentsPermalink





‘(i) create and maintain a data-driven, professional learning community within the leader’s school;CommentsClose CommentsPermalink





‘(ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills;CommentsClose CommentsPermalink





‘(iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and (e)drive teacher and student learning;CommentsClose CommentsPermalink





‘(iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe;CommentsClose CommentsPermalink





‘(v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; andCommentsClose CommentsPermalink





‘(vi) understand how students learn and develop in order to increase academic achievement for all students.CommentsClose CommentsPermalink





‘(C) Ensuring that individuals who participate in the school leadership program receive--CommentsClose CommentsPermalink





‘(i) effective preservice preparation as described in subparagraph (D);CommentsClose CommentsPermalink





‘(ii) mentoring; andCommentsClose CommentsPermalink





‘(iii) if applicable, full State certification or licensure to become a school leader.CommentsClose CommentsPermalink





‘(D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following:CommentsClose CommentsPermalink





‘(i) Incorporate year-long opportunities for enrichment, including--CommentsClose CommentsPermalink





‘(I) clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; andCommentsClose CommentsPermalink





‘(II) closely supervised interaction between prospective school leaders and faculty, new and experienced teachers, and new and experienced school leaders, in such high-need schools.CommentsClose CommentsPermalink





‘(ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable.CommentsClose CommentsPermalink





‘(iii) Provide for mentoring of new school leaders.CommentsClose CommentsPermalink





‘(E) Creating an induction program for new school leaders.CommentsClose CommentsPermalink





‘(F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions--CommentsClose CommentsPermalink





‘(i) individuals from underrepresented populations;CommentsClose CommentsPermalink





‘(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader shortage areas; andCommentsClose CommentsPermalink





‘(iii) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.CommentsClose CommentsPermalink





‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PROGRAM- In order to be eligible for the school leadership program under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and shall--CommentsClose CommentsPermalink





‘(A) be a--CommentsClose CommentsPermalink





‘(i) recent graduate of an institution of higher education;CommentsClose CommentsPermalink





‘(ii) mid-career professional from outside the field of education with strong content knowledge or a record of professional accomplishment;CommentsClose CommentsPermalink





‘(iii) current teacher who is interested in becoming a school leader; orCommentsClose CommentsPermalink





‘(iv) school leader who is interested in becoming a superintendent; andCommentsClose CommentsPermalink





‘(B) submit an application to the leadership program.CommentsClose CommentsPermalink





‘(g) Partnership With Digital Education Content Developer- An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), for the purposeor another entity that develops digital educational content, for the purpose of improving the quality of improving the quality of pre-baccalaureate teacher preparation programs. The partnership may use such funds or to enhance the quality of pre-service training for prospective teachers, including through the use of digital educational content and related services.‘(g)service training for prospective teachers.CommentsClose CommentsPermalink





‘(h) Evaluation and Reporting- The Secretary shall--CommentsClose CommentsPermalink





‘(1) evaluate the programs assisted under this section; andCommentsClose CommentsPermalink





‘(2) make publicly available a report detailing the Secretary’s evaluation of each such program.CommentsClose CommentsPermalink





‘(i) Consultation-CommentsClose CommentsPermalink





‘(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) carried out under this section.CommentsClose CommentsPermalink





‘(2) REGULAR COMMUNICATION- To ensure timely and meaningful consultation, as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.CommentsClose CommentsPermalink





‘(3) WRITTEN CONSENT- The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership is submitted to the Secretary.‘(h).CommentsClose CommentsPermalink





‘(j) Construction- Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.CommentsClose CommentsPermalink





‘(ik) 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.CommentsClose CommentsPermalink

‘SEC. 203. ADMINISTRATIVE PROVISIONS.CommentsClose CommentsPermalink

‘(a) Duration; Number of Awards; Payments-CommentsClose CommentsPermalink





‘(1) DURATION- A grant awarded under this part shall be awarded for a period of 5five years.CommentsClose CommentsPermalink





‘(2) NUMBER OF AWARDS- An eligible partnership may not receive more than 1 grant during a 5one grant during a five-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5five-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.CommentsClose CommentsPermalink





‘(3) PAYMENTS- The Secretary shall make annual payments of grant funds awarded under this part.‘(b) Peer Review-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) PRIORITY- In recommending applications to the Secretary for funding under this part, the panel shall give priority--‘(AThe Secretary, in funding applications under this part, shall give priority--CommentsClose CommentsPermalink





‘(A) to eligible partnerships that include an institution of higher education whose teacher preparation program has a rigorous selection process to ensure the highest quality of students entering such program; andCommentsClose CommentsPermalink





‘(B)(i) to applications from broad-based eligible partnerships that involve businesses and community organizations; and‘(B) to eligible partnerships orCommentsClose CommentsPermalink





‘(ii) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.CommentsClose CommentsPermalink





‘(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 amountgrant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.CommentsClose CommentsPermalink





‘(c) Matching Requirements-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 administeringtwo percent of the funds provided to administer the grant.CommentsClose CommentsPermalink

‘SEC. 204. ACCOUNTABILITY AND EVALUATION.CommentsClose CommentsPermalink

‘(a) Eligible Partnership Evaluation- Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing--CommentsClose CommentsPermalink





‘(1) student achievement for all studentsachievement for all prospective and new teachers, as measured by the eligible partnership;CommentsClose CommentsPermalink





‘(2) teacher retention in the first 3 three years of a teacher’s career;CommentsClose CommentsPermalink





‘(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; andCommentsClose CommentsPermalink





‘(4)(A) the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;CommentsClose CommentsPermalink





‘(B) the percentage of such teachers who are members of under highly qualified teachers hired by the high-need local educational agency who are members of underrepresented groups;CommentsClose CommentsPermalink





‘(C) the percentage of such teachershighly qualified teachers hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);CommentsClose CommentsPermalink





‘(D) the percentage of such teachershighly qualified teachers hired by the high-need local educational agency who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);CommentsClose CommentsPermalink





‘(E) the percentage of such teachershighly qualified teachers hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary, middle, and high school levels; and school and secondary school levels;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(G) as applicable, the percentage of teachers trained--CommentsClose CommentsPermalink





‘(i) to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; andCommentsClose CommentsPermalink





‘(ii) to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement.CommentsClose CommentsPermalink





‘(b) Information- An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, and facultyfaculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership under this part are provided informationare provided information, including through electronic means, about the activities carried out with funds under this part, including through electronic means.CommentsClose CommentsPermalink





‘(c) Revocation of Grantised Application- If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, of the grant of the grant, as appropriate, 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)--CommentsClose CommentsPermalink





‘(1) shall cancel the grant; andCommentsClose CommentsPermalink





‘(2) may use any funds returned or available because of such cancellation under paragraph (1) to--CommentsClose CommentsPermalink





‘(A) increase other grant awards under this part; orCommentsClose CommentsPermalink





‘(B) award new grants to other eligible partnerships under this part.CommentsClose CommentsPermalink





‘(d) Evaluation and Dissemination- The Secretary shall evaluate the activities funded under this part and report the Secretary’s findings regarding thefindings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate--CommentsClose CommentsPermalink





‘(1) successful practices developed by eligible partnerships under this part; andCommentsClose CommentsPermalink





‘(2) information regarding such practices that were found to be ineffective.CommentsClose CommentsPermalink

‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.CommentsClose CommentsPermalink

‘(a) Institutional and Program Report Cards on the Quality of Teacher Preparation-CommentsClose CommentsPermalink





‘(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:‘(Athe following:CommentsClose CommentsPermalink





‘(A) GOALS AND ASSURANCES-CommentsClose CommentsPermalink





‘(i) For the most recent year for which the information is available for the institution--CommentsClose CommentsPermalink





‘(I) whether the goals set under section 206 have been met; andCommentsClose CommentsPermalink





‘(II) a description of the activities the institution implemented to achieve such goals.CommentsClose CommentsPermalink





‘(ii) A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 206.CommentsClose CommentsPermalink





‘(iii) A description of the activities the institution has implemented to meet the assurances provided under section 206.CommentsClose CommentsPermalink





‘(B) PASS RATES AND SCALED SCORES- For the most recent year for which the information is available for those students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken thesuch assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the 2two-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which the program is locatedsuch assessments--CommentsClose CommentsPermalink





‘(i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;CommentsClose CommentsPermalink





‘(ii) the percentage of all such students who passed eachtudents who passed such assessment;CommentsClose CommentsPermalink





‘(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 who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable;CommentsClose CommentsPermalink





‘(iv) the average scaled score for all students who took each such assessment;CommentsClose CommentsPermalink





‘(v) a comparison of the program’s pass rates with the average pass rates for programs in the State; andCommentsClose CommentsPermalink





‘(vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.CommentsClose CommentsPermalink





‘(B) PROGRAM INFORMATION- The criteria for admission into the program, the number of students in the program C) PROGRAM INFORMATION- A description of--CommentsClose CommentsPermalink





‘(i) the criteria for admission into the program;CommentsClose CommentsPermalink





‘(ii) the number of students in the program (disaggregated by race and gender),, ethnicity, and gender);CommentsClose CommentsPermalink





‘(iii) the average number of hours of supervised clinical experience required for those in the program, the number;CommentsClose CommentsPermalink





‘(iv) the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been ; andCommentsClose CommentsPermalink





‘(v) the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.CommentsClose CommentsPermalink





‘(CD) 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.CommentsClose CommentsPermalink





‘(DE) DESIGNATION AS LOW-PERFORMING- Whether the program has been designated as low-performing by the State under section 207(a).CommentsClose CommentsPermalink





‘(EF) USE OF TECHNOLOGY- A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technolog, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching, learning, and decisionmak and learning for the purpose of increasing student academic achievement.CommentsClose CommentsPermalink





‘(G) TEACHER TRAINING- A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are limited English proficient.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(3) FINES- The Secretary may impose a fine not to exceed $25,07,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.CommentsClose CommentsPermalink





‘(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)(AB), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3three-year period.CommentsClose CommentsPermalink





‘(b) State Report Card on the Quality of Teacher Preparation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State that receives funds under this Act shall provide to the Secretary, annuallyd make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State reportn annual State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:CommentsClose CommentsPermalink





‘(A) A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.CommentsClose CommentsPermalink





‘(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 particulas, areas, or grades within the State.CommentsClose CommentsPermalink





‘(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and, as applicable, State early learning standards for early childhood education programs.CommentsClose CommentsPermalink





‘(D) For each of the assessments used by the State for teacher certification or licensure--CommentsClose CommentsPermalink





‘(i) for each institution of higher education located in the State and each entity located in the State that offers, including those that offer an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;CommentsClose CommentsPermalink





‘(ii) the percentage of all such students at all such institutions takingand entities who have taken the assessment who pass such assessment;CommentsClose CommentsPermalink





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 ‘(iii) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and CommentsClose CommentsPermalink





‘(iv) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.CommentsClose CommentsPermalink





‘(E) A description of alternative routes to Stateteacher 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--CommentsClose CommentsPermalink





‘(i) the percentage of individuals participating in such routes, or who have completed such routes during the 2two-year period preceding the date of the determinationfor which the determination is made, who passed each such assessment; andCommentsClose CommentsPermalink





‘(ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the period preceding the date of the determination, who took each such assessment.‘(F) A description of thetwo-year period preceding the first year for which the annual State report card is provided, who took each such assessment.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(G) For each teacher preparation program in the State, the criteria for admission into the program, the number of students in the program, --CommentsClose CommentsPermalink





‘(i) the criteria for admission into the program;CommentsClose CommentsPermalink





‘(ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student),;CommentsClose CommentsPermalink





‘(iii) the average number of hours of supervised clinical experience required for those in the program, and; andCommentsClose CommentsPermalink





‘(iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) area of certification or licensure;CommentsClose CommentsPermalink





‘(ii) academic major; andCommentsClose CommentsPermalink





‘(iii) subject area for which the teacher has been prepared to teach.CommentsClose CommentsPermalink





‘(I) Using the data generated under subparagraphs (G) and (H), aA description of the extent to which teacher preparation programs are helping to address shortages of highly qualified addressing shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools.CommentsClose CommentsPermalink





‘(J) A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technologThe extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act.CommentsClose CommentsPermalink





‘(K) A description of the activities that prepare teachers to--CommentsClose CommentsPermalink





‘(i) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; andCommentsClose CommentsPermalink





‘(ii) use technology effectively to collect, manage, and analyze data in order to improve teaching, learning, and decisionmakto improve teaching and learning for the purpose of increasing student academic achievement.CommentsClose CommentsPermalink





‘(L) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are limited English proficient.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Data Quality- The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.CommentsClose CommentsPermalink





‘(d) Report of the Secretary on the Quality of Teacher Preparation-CommentsClose CommentsPermalink





‘(1) REPORT CARD- The Secretary shall provide to Congresannually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (JL) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.CommentsClose CommentsPermalink





Such report shall be so provided, published, and made available annually.‘(2) REPORT TO CONGRESS- The Secretary shall prepare and submit a report to Congresthe authorizing committees that contains the following:CommentsClose CommentsPermalink





‘(A) A comparison of States’ efforts to improve the quality of the current and future teaching force.CommentsClose CommentsPermalink





‘(B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.CommentsClose CommentsPermalink





‘(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)one State for teacher certification or licensure.CommentsClose CommentsPermalink





‘(3) SPECIAL RULE- In the case of a teacher preparation program with fewer than 10ten 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, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3three-year period.CommentsClose CommentsPermalink





‘(de) 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.CommentsClose CommentsPermalink

‘SEC. 205A6. TEACHER DEVELOPMENT.CommentsClose CommentsPermalink

‘(a) Annual Goals- As a condition of receiving assistance under title IV, eEach institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program and that , and that enrolls students receiving Federal assistance under this Act, shall set annual quantifiable goals for--‘(1) increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary, including mathematics, science, special education, and instruction of limited or by the State educational agency, including mathematics, science, special education, and instruction of limited English proficient students; and‘(2) more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.CommentsClose CommentsPermalink





‘(b) Assurance- As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurances- Each institution described in subsection (a) shall provide assurances to the Secretary that--CommentsClose CommentsPermalink





‘(1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;CommentsClose CommentsPermalink





‘(2) prospective training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom;CommentsClose CommentsPermalink





‘(3) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;CommentsClose CommentsPermalink





‘(3) regular4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; andCommentsClose CommentsPermalink





‘(4) prospective teachers receive training on how to effectively teach in urban and rural schools5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.CommentsClose CommentsPermalink





‘(c) Public Reporting- As part of the annual report card required under section 205(a)(1), an institution of higher education described in subsection (a) shall publicly report whether the goals established under such subsection have been met.‘SEC. 206Rule of Construction- Nothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section.CommentsClose CommentsPermalink

‘SEC. 207. STATE FUNCTIONS.CommentsClose CommentsPermalink

‘(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 includesconduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part. Such , as applicable. Such assessment shall be described in the report under section 205(b).‘(b) Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of--CommentsClose CommentsPermalink





‘(1) increasing the percentage of highly qualified teachers in the State, including increasing professional development opportunities;CommentsClose CommentsPermalink





‘(2) improving student academic achievement for elementary and secondary students; andCommentsClose CommentsPermalink





‘(3) raising the standards for entry into the teaching profession.CommentsClose CommentsPermalink





‘(b) Termination of Eligibility- Any program of teacher preparationteacher preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)--CommentsClose CommentsPermalink





‘(1) shall be ineligible for any funding for professional development activities awarded by the Department;CommentsClose CommentsPermalink





‘(2) shallmay not be permitted to accept or enroll any student thatwho receives aid under title IV in the institution’s teacher preparation program;CommentsClose CommentsPermalink





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; andCommentsClose CommentsPermalink





‘(4) shall be reinstated upon demonstration of improved performance, as determined by the State.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘SEC. 2078. GENERAL PROVISIONS.CommentsClose CommentsPermalink

‘(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)reveal personally identifiable information.CommentsClose CommentsPermalink





‘(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, 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, the Secretary shall--CommentsClose CommentsPermalink





‘(1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Release of Information to Teacher Preparation Programs-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; andCommentsClose CommentsPermalink





‘(B) is possessed, controlled, or accessible by the State educational agency.CommentsClose CommentsPermalink





‘(2) CONTENT OF INFORMATION- The information described in paragraph (1)--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) may include--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.CommentsClose CommentsPermalink

‘SEC. 2089. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

‘There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2009 and such sums as may be necessary for each of the two succeeding fiscal years.’; andCommentsClose CommentsPermalink





(3) by striking part B and inserting the following:CommentsClose CommentsPermalink

‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

‘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.’.SEC. 202. GENERAL PROVISIONS.Title II (20 U.S.C. 1021 et seq.) is amended by adding at the end the following:9 and each of the five succeeding fiscal years.CommentsClose CommentsPermalink

‘PART C--GENERAL PROVISIONS

‘SEC. 2361. LIMITATIONS.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Rule of Construction- Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.’.CommentsClose CommentsPermalink

TITLE III--INSTITUTIONAL AIDCommentsClose CommentsPermalink

SEC. 301. PROGRAM PURPOSE.CommentsClose CommentsPermalink

Section 311 (20 U.S.C. 1057) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘351’ and inserting ‘391’; andCommentsClose CommentsPermalink





(B) in paragraph (3)(F), by inserting ‘, including services that will assist in the education of special populations’ before the period; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (6), by inserting ‘, 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, which may include remedial education and English language instruction’ before the period;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





‘(7) Education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parentfamilies.’;CommentsClose CommentsPermalink





(D) in paragraph (12) (as redesignated by subparagraph (B)), by striking ‘distance learning academic instruction capabilities’ and inserting ‘distance education technologies’; andCommentsClose CommentsPermalink





(E) in the matter preceding subparagraph (A) of paragraph (13) (as redesignated by subparagraph (B)), by striking ‘subsection (c)’ and inserting ‘subsection (b) and section 391’.CommentsClose CommentsPermalink

SEC. 302. DEFINITIONS; ELIGIBILITY.CommentsClose CommentsPermalink

Section 312 (20 U.S.C. 1058) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1)(A), by striking ‘subsection (c) of this section’ and inserting ‘subsection (d)’;CommentsClose CommentsPermalink





and(2) in subsection (d)(2), by striking ‘subdivision’ and inserting ‘paragraph’;CommentsClose CommentsPermalink





(3) by redesignating subsection (g) as subsection (h); andCommentsClose CommentsPermalink





(4) by inserting after subsection (f) the following:CommentsClose CommentsPermalink





‘(g) Low-Income Individual- For the purpose of this part, the term ‘low-income individual’ means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.’.CommentsClose CommentsPermalink

SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES.CommentsClose CommentsPermalink

Section 316 (20 U.S.C. 1059c) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b)(3) and inserting the following:CommentsClose CommentsPermalink





‘(3) TRIBAL COLLEGE OR UNIVERSITY- The term ‘Tribal College or University’ means an institution that--CommentsClose CommentsPermalink





‘(A) qualifies for funding under the Tribally Controlled College or Universitys and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note); orCommentsClose CommentsPermalink





‘(B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).’;CommentsClose CommentsPermalink





(2) in subsection (c)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by inserting before the semicolon at the end the following: ‘by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(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’;(B on which to construct such facilities;’;CommentsClose CommentsPermalink





(B) in subparagraph (C), by inserting before the semicolon at the end the following: ‘or in tribal governance or tribal public policy’;CommentsClose CommentsPermalink





(C) in subparagraph (D), by inserting before the semicolon the following: ‘and instruction in tribal governance or tribal public policy’;CommentsClose CommentsPermalink





(D) by redesignating subparagraphs (G), (H), (I), (J), (K), and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), respectively;CommentsClose CommentsPermalink





(CE) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink





‘(G) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents;’;(Dfamilies;’;CommentsClose CommentsPermalink





(F) in subparagraph (L) (as redesignated by subparagraph (BD)), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(EG) by inserting after subparagraph (L) (as redesignated by subparagraph (BD) and amended by subparagraph (F)) the following:CommentsClose CommentsPermalink





‘(M) developing or improving facilities for Internet use or other distance education technologies; and’; andCommentsClose CommentsPermalink





(FH) in subparagraph (N) (as redesignated by subparagraph (BD)), by striking ‘subparagraphs (A) through (K)’ and inserting ‘subparagraphs (A) through (M)’; andCommentsClose CommentsPermalink





(3) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Application, Plan, and Allocation-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) APPLICATION-CommentsClose CommentsPermalink





‘(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,in such manner, and containing such information as the Secretary may reasonably require.CommentsClose CommentsPermalink





‘(B) STREAMLINED PROCESS- The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.CommentsClose CommentsPermalink





‘(3) ALLOCATIONS TO INSTITUTIONS-‘(A) WARDS AND ALLOCATIONS TO INSTITUTIONS-CommentsClose CommentsPermalink





‘(A) CONSTRUCTION GRANTS-CommentsClose CommentsPermalink





‘(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 1one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.CommentsClose CommentsPermalink





‘(ii) PREFERENCE- In providing grants under clause (i)grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not yet received an award under this sectionreceived an award under this section for a previous fiscal year.CommentsClose CommentsPermalink





‘(B) ALLOTMENT OF REMAINING FUNDS-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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 Universitys and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and Universities; and‘(II) t.CommentsClose CommentsPermalink





‘(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.CommentsClose CommentsPermalink





‘(ii) MINIMUM GRANT- The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.CommentsClose CommentsPermalink





‘(4) SPECIAL RULES-CommentsClose CommentsPermalink





‘(A) CONCURRENT FUNDING- For the purposes of this part, nNo 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 Bany other provision of this part, part B, or part A of title V.CommentsClose CommentsPermalink





‘(B) EXEMPTION- Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.’.CommentsClose CommentsPermalink

SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.CommentsClose CommentsPermalink

Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (G), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in subparagraph (H), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(I) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parentfamilies.’.CommentsClose CommentsPermalink

SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.(a) Grant Program AuthorizedPREDOMINANTLY BLACK INSTITUTIONS.CommentsClose CommentsPermalink

(a) In General- Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.CommentsClose CommentsPermalink

‘(a) Purpose- It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.CommentsClose CommentsPermalink





‘(b) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ELIGIBLE INSTITUTION- The term ‘eligible institution’ means an institution of higher education that--CommentsClose CommentsPermalink





‘(A) has an enrollment of needy undergraduate students;CommentsClose CommentsPermalink





‘(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 392(b) to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 312(b)(1)(B);CommentsClose CommentsPermalink





‘(C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(F) is not receiving assistance under part B or part A of title V.CommentsClose CommentsPermalink





‘(2) ENROLLMENT OF NEEDY STUDENTS- The term ‘enrollment of needy students’ means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree--CommentsClose CommentsPermalink





‘(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;CommentsClose CommentsPermalink





‘(B) come from families that receive benefits under a means-tested Federal benefit program;CommentsClose CommentsPermalink





‘(C) attended a public or nonprofit private secondary school that--CommentsClose CommentsPermalink





‘(i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 for any year during which the student attended such secondary school; andCommentsClose CommentsPermalink





‘(ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act exceeds 30 percent of the total enrollment of such school; orCommentsClose CommentsPermalink





‘(D) are first-generation college students and a majority of such first-generation college students are low-income individuals.CommentsClose CommentsPermalink





‘(3) FIRST-GENERATION COLLEGE STUDENT- The term ‘first-generation college student’ has the meaning given the term in section 402A(h).CommentsClose CommentsPermalink





‘(4) LOW-INCOME INDIVIDUAL- The term ‘low-income individual’ has the meaning given such term in section 402A(h).CommentsClose CommentsPermalink





‘(5) MEANS-TESTED FEDERAL BENEFIT PROGRAM- The term ‘means-tested Federal benefit program’ means a program of the Federal Government, other than a program under title IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.CommentsClose CommentsPermalink





‘(6) PREDOMINANTLY BLACK INSTITUTION- The term ‘Predominantly Black Institution’ means an institution of higher education, as defined in section 101(a)--CommentsClose CommentsPermalink





‘(A) that is an eligible institution with not less than 1,000 undergraduate students;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(7) STATE- The term ‘State’ means each of the 50 States and the District of Columbia.CommentsClose CommentsPermalink





‘(c) Grant Authority-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) PRIORITY- In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).CommentsClose CommentsPermalink





‘(d) Authorized Activities-CommentsClose CommentsPermalink





‘(1) REQUIRED ACTIVITIES- Grant funds provided under this section shall be used--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) ADDITIONAL ACTIVITIES- Grant funds provided under this section shall be used for one or more of the following activities:CommentsClose CommentsPermalink





‘(A) The activities described in paragraphs (1) through (12) of section 311(c).CommentsClose CommentsPermalink





‘(B) Academic instruction in disciplines in which Black Americans are underrepresented.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) Other activities proposed in the application submitted pursuant to subsection (f) that--CommentsClose CommentsPermalink





‘(i) contribute to carrying out the purpose of this section; andCommentsClose CommentsPermalink





‘(ii) are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).CommentsClose CommentsPermalink





‘(3) ENDOWMENT FUND-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) COMPARABILITY- The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Allotments to Predominantly Black Institutions-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) GRADUATES SEEKING A HIGHER DEGREE BASIS- From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.CommentsClose CommentsPermalink





‘(4) MINIMUM ALLOTMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.CommentsClose CommentsPermalink





‘(B) INSUFFICIENT AMOUNT- If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).CommentsClose CommentsPermalink





‘(5) REALLOTMENT- The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(g) Application Review Process- Section 393 shall not apply to applications under this section.CommentsClose CommentsPermalink





‘(h) Duration and Carryover- Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.CommentsClose CommentsPermalink





‘(i) Special Rule on Eligibility- No Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of title V.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 312(d) (20 U.S.C. 1058(d)) is amended by striking ‘For the purpose’ and inserting ‘Except as provided in section 318(b), for the purpose’.CommentsClose CommentsPermalink

SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.CommentsClose CommentsPermalink

‘SEC. 319. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.CommentsClose CommentsPermalink

‘(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 and low-income individuals.CommentsClose CommentsPermalink





‘(b) Definitions- In this section:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION- The term ‘Native American-serving, nontribal institution’ means an institution of higher education, as defined in section 101(a), that, at the time of application--CommentsClose CommentsPermalink





‘(A) is an eligible institution under section 312(b);CommentsClose CommentsPermalink





‘(B) has an enrollment of undergraduate students that is not less than 10 percent Native American students; andCommentsClose CommentsPermalink





‘(BC) is not a Tribal College or University (as defined in section 316).CommentsClose CommentsPermalink





‘(c) Authorized Activities-CommentsClose CommentsPermalink





‘(1) TYPES OF ACTIVITIES AUTHORIZED- Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and low-income individuals.CommentsClose CommentsPermalink





‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES- Such programs may include--CommentsClose CommentsPermalink





‘(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;CommentsClose CommentsPermalink





‘(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(D) curriculum development and academic instruction;CommentsClose CommentsPermalink





‘(E) the purchase of library books, periodicals, microfilm, and other educational materials;CommentsClose CommentsPermalink





‘(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;CommentsClose CommentsPermalink





‘(G) the joint use of facilities such as laboratories and libraries;CommentsClose CommentsPermalink





and‘(H) academic tutoring and counseling programs and student support services; andCommentsClose CommentsPermalink





‘(I) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.CommentsClose CommentsPermalink





‘(d) Application Process-CommentsClose CommentsPermalink





‘(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 regulationreasonably require.CommentsClose CommentsPermalink





‘(2) APPLICATIONS-CommentsClose CommentsPermalink





‘(A) PERMISSIONAUTHORITY 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.CommentsClose CommentsPermalink





‘(B) SIMPLIFIED AND STREAMLINED FORMAT- The Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.CommentsClose CommentsPermalink





‘(C) CONTENT- An application submitted under subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) a 5five-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; andCommentsClose CommentsPermalink





‘(ii) such other information and assurances as the Secretary may reasonably require.CommentsClose CommentsPermalink





‘(3) SPECIAL RULES-CommentsClose CommentsPermalink





‘(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 Bany other provision of this part, part B, or part A of title V.CommentsClose CommentsPermalink





‘(B) EXEMPTION- Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) MINIMUM GRANT AMOUNT- The minimum amount of a grant under this section shall be $200,000.’.CommentsClose CommentsPermalink

Part A of title III (20 U.S.C. 1068h) is amended by adding at the end the following:‘(c) Minimum Grant Amount- The minimum amount of a grant under this title shall be $200,00057 et seq.) is amended by adding after section 319 (as added by section 306 of this Act) the following:CommentsClose CommentsPermalink

‘SEC. 320. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTIONS.CommentsClose CommentsPermalink

‘(a) Program Authorized- The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.CommentsClose CommentsPermalink





‘(b) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ASIAN AMERICAN- The term ‘Asian American’ has the meaning given the term ‘Asian’ in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).CommentsClose CommentsPermalink





‘(2) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION- The term ‘Asian American and Native American Pacific Islander-serving institution’ means an institution of higher education that--CommentsClose CommentsPermalink





‘(A) is an eligible institution under section 312(b); andCommentsClose CommentsPermalink





‘(B) at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander.CommentsClose CommentsPermalink





‘(3) NATIVE AMERICAN PACIFIC ISLANDER- The term ‘Native American Pacific Islander’ means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.CommentsClose CommentsPermalink





‘(c) Authorized Activities-CommentsClose CommentsPermalink





‘(1) TYPES OF ACTIVITIES AUTHORIZED- Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.CommentsClose CommentsPermalink





‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES- Such programs may include--CommentsClose CommentsPermalink





‘(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;CommentsClose CommentsPermalink





‘(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;CommentsClose CommentsPermalink





‘(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;CommentsClose CommentsPermalink





‘(D) curriculum development and academic instruction;CommentsClose CommentsPermalink





‘(E) purchase of library books, periodicals, microfilm, and other educational materials;CommentsClose CommentsPermalink





‘(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;CommentsClose CommentsPermalink





‘(G) joint use of facilities such as laboratories and libraries;CommentsClose CommentsPermalink





‘(H) academic tutoring and counseling programs and student support services;CommentsClose CommentsPermalink





‘(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;CommentsClose CommentsPermalink





‘(J) establishing or improving an endowment fund;CommentsClose CommentsPermalink





‘(K) academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented;CommentsClose CommentsPermalink





‘(L) conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations;CommentsClose CommentsPermalink





‘(M) establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders; andCommentsClose CommentsPermalink





‘(N) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.CommentsClose CommentsPermalink





‘(d) Application Process-CommentsClose CommentsPermalink





‘(1) INSTITUTIONAL ELIGIBILITY- Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.CommentsClose CommentsPermalink





‘(2) APPLICATIONS- Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include--CommentsClose CommentsPermalink





‘(A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; andCommentsClose CommentsPermalink





‘(B) such other information and assurances as the Secretary may reasonably require.CommentsClose CommentsPermalink





‘(3) SPECIAL RULES-CommentsClose CommentsPermalink





‘(A) ELIGIBILITY- No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or title V.CommentsClose CommentsPermalink





‘(B) EXEMPTION- Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.CommentsClose CommentsPermalink





‘(C) DISTRIBUTION- In awarding grants under this section, the Secretary shall--CommentsClose CommentsPermalink





‘(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; andCommentsClose CommentsPermalink





‘(ii) give priority consideration to institutions for which not less than 10 percent of such institution’s Asian American and Native American Pacific Islander students are low-income individuals.’.CommentsClose CommentsPermalink

SEC. 3068. PART B DEFINITIONS.CommentsClose CommentsPermalink

Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting ‘, in consultation with the Commissioner for Education Statistics’ before ‘and the Commissioner’.CommentsClose CommentsPermalink

SEC. 3079. GRANTS TO INSTITUTIONS.CommentsClose CommentsPermalink

Section 323(a) (20 U.S.C. 1062(a)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘360(a)(2)’ and inserting ‘399(a)(2)’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively (12) as paragraphs (15); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (611) the following:CommentsClose CommentsPermalink





‘(7) Education or counseling services12) Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.CommentsClose CommentsPermalink





‘(13) Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parentsfamilies, especially with regard to student indebtedness and student assistance programs under title IV.CommentsClose CommentsPermalink





‘(14) Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.’.CommentsClose CommentsPermalink

SEC. 308. ALLOTMENTS TO INSTITUTIONS.S10. ALLOTMENTS.CommentsClose CommentsPermalink

(a) Minimum Allotment- Subsection (d) of section 324 (20 U.S.C. 1063) is amended by adding at the end the following:‘(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(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Minimum Allotment- Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be--CommentsClose CommentsPermalink





‘(1) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; andCommentsClose CommentsPermalink





‘(2) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.’.CommentsClose CommentsPermalink





(b) Conditions for Allotments- Section 324 (20 U.S.C. 1063) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Conditions for Allotments-CommentsClose CommentsPermalink





‘(1) STUDENT REQUIREMENTS FOR ALLOTMENT- Notwithstanding any other provision of this section, a part B institution that would otherwise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year--CommentsClose CommentsPermalink





‘(A) did not have any enrolled students who were Pell Grant recipients;CommentsClose CommentsPermalink





‘(B) did not graduate any students; orCommentsClose CommentsPermalink





‘(C) where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented.CommentsClose CommentsPermalink





‘(2) DATA REQUIREMENTS FOR ALLOTMENTS- Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including--CommentsClose CommentsPermalink





‘(A) the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year;CommentsClose CommentsPermalink





‘(B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; andCommentsClose CommentsPermalink





‘(C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such fiscal year.’.CommentsClose CommentsPermalink

SEC. 30911. PROFESSIONAL OR GRADUATE INSTITUTIONS.CommentsClose CommentsPermalink

Section 326(a) Duration of Grant- Section 326(b) (20 U.S.C. 1063b) is amended--(1) in subsection (c(b)) is amended by adding at the end the following: ‘Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.’.CommentsClose CommentsPermalink





(b) Authorized Activities- Section 326(c) (20 U.S.C. 1063b(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (5), by striking ‘establish or improve’ and inserting ‘establishing or improving’;CommentsClose CommentsPermalink





(2) in paragraph (6)--CommentsClose CommentsPermalink





(A) in paragraph (2), by inserting ‘, and for the acquisition and developmentby striking ‘assist’ and inserting ‘assisting’; andCommentsClose CommentsPermalink





(B) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(3) by striking the period at the end of paragraph (7) and inserting a semicolon; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) acquisition of real property that is adjacent to the campus for suchin connection with the construction, maintenance, renovation, or improvement’ after ‘services’;(B) by redesignating paragraphs (5) through (7) as paragraphs (7) through (9), respectively;(C) by inserting after paragraph (4) the following:‘(5) addition to or improvement of campus facilities;CommentsClose CommentsPermalink





‘(9) education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under title IV;CommentsClose CommentsPermalink





‘(10) services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose;CommentsClose CommentsPermalink





‘(11) 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;’;(D) in paragraph (7) (as redesignated by subparagraph (B)), by striking ‘establish or improve’ and inserting ‘establishing or improving’;(E) in paragraph (8) (as redesignated by subparagraph (B))--(i) by striking ‘assist’ and inserting ‘assisting’; and(ii) by striking ‘and’ after the semicolon;(F) in paragraph (9) (as redesignated by subparagraph (B)), by striking the period and inserting ‘; and’; and(G) by adding at the end the following:‘(10 andCommentsClose CommentsPermalink





‘(12) other activities proposed in the application submitted under subsection (d) that--CommentsClose CommentsPermalink





‘(A) contribute to carrying out the purposes of this part; andCommentsClose CommentsPermalink





‘(B) are approved by the Secretary as part of the review and acceptance of such application.’;(2) in subsection (e)--(A) in paragraph (1)--(i).CommentsClose CommentsPermalink





(c) Eligibility-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting a colon after ‘the following’;CommentsClose CommentsPermalink





(iiB) in subparagraph (Q), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(iii) in subparagraphC) in subparagraph (R), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(ivD) by adding at the end the following:CommentsClose CommentsPermalink





‘(S) Alabama State University qualified graduate program;‘(T) Coppin State University qualified graduate program;‘(Us;CommentsClose CommentsPermalink





‘(T) Prairie View A & M University qualified graduate program;‘(V) Fayetteville State University qualified graduate program;‘(W&M University qualified graduate programs;CommentsClose CommentsPermalink





‘(U) Delaware State University qualified graduate program;‘(Xs;CommentsClose CommentsPermalink





‘(V) Langston University qualified graduate program;‘(Y) West Virginia State University qualified graduate program;‘(Z) Kentucky State University qualified graduate program; and‘(AA) Grambling State University qualified graduate program.’;(B) in paragraph (2)(A)--(is;CommentsClose CommentsPermalink





‘(W) Bowie State University qualified graduate programs; andCommentsClose CommentsPermalink





‘(X) University of the District of Columbia David A. Clarke School of Law.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘1998’ and inserting ‘2008’; andCommentsClose CommentsPermalink





(B) by striking ‘(Q) and (R)’ and inserting ‘(S) through (X)’.CommentsClose CommentsPermalink





(3) ADDITIONAL ELIGIBILITY CHANGES- Section 326(e)(2)(A) (20 U.S.C. 1063b(e)(2)(A)) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘in law or’ after ‘instruction’; andCommentsClose CommentsPermalink





(iiB) by striking ‘mathematics, or’ and inserting ‘mathematics, psychometrics, or’;(C) in paragraph (3)--(i) by striking ‘1998’ and inserting ‘2007’; and(ii) by striking ‘(Q) and (R)’ and inserting ‘(S), (T), (U), (V), (W), (X), (Y), (Z), and (AA)’;(3) in subsection (f.CommentsClose CommentsPermalink





(4) ONE GRANT PER INSTITUTION- Section 326(e)(4) (20 U.S.C. 1063b(e)(4)) is amended by striking ‘or university system’.CommentsClose CommentsPermalink





(d) Funding Rule- Section 326(f) (20 U.S.C. 1063b(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in paragraph (1), by strikingby striking ‘$26,600,000’ and inserting ‘$56,900,000’; andCommentsClose CommentsPermalink





(B) by striking ‘(P)’ and inserting ‘(R)’;CommentsClose CommentsPermalink





(B) in paragraph (2),2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘$26,600,000, but not in excess of $28,600,000’ and inserting ‘$56,900,000, but not in excess of $62,900,000’; andCommentsClose CommentsPermalink





(B) by striking ‘subparagraphs (Q) and (R)’ and inserting ‘(S), (T), (U), (V), (W), (X), (Y), (Z), and (AA)’; and(C) in paragraph (3)--(i) in the matter preceding subparagraph (A), by strikingsubparagraphs (S) through (X)’; andCommentsClose CommentsPermalink





(3) in the matter preceding subparagraph (A) of paragraph (3)--CommentsClose CommentsPermalink





(A) by striking ‘$28,600,000’ and inserting ‘$62,900,000’; andCommentsClose CommentsPermalink





(B) by striking ‘(R)’ and inserting ‘(AA)’;(ii) by striking subparagraphs (A) and (B) and inserting the following:

‘(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.’;

(iii) in subparagraph (C), by striking ‘(or the equivalent) enrolled in the eligible professional or graduate school’ and all that follows through the period and inserting ‘enrolled in the qualified programs or institutions listed in paragraph (1).’;(iv) in subparagraph (D)--(I) by striking ‘students’ and inserting ‘Black American students or minority students’; and(II) by striking ‘institution’ and inserting ‘institution or program’; and(v) by striking subparagraph (E) and inserting the following:

‘(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.’; and

(4) in subsection (g), by striking ‘1998’ and inserting ‘2007X)’.CommentsClose CommentsPermalink




(e) Hold Harmless Rule- Section 326(g) (20 U.S.C. 1063(g)) is amended by striking ‘1998’ each place it appears and inserting ‘2008’.CommentsClose CommentsPermalink





(f) Interaction With Other Grant Programs- Section 326 (as amended by this section) (20 U.S.C. 1063) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Interaction With Other Grant Programs- No institution that is eligible for and receives an award under section 512, 723, or 724 for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.’.CommentsClose CommentsPermalink

SEC. 310. AUTHORITY OF THE SECRETARY2. UNEXPENDED FUNDS.CommentsClose CommentsPermalink

Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Use of Unexpended Funds- Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the five-year period following the date of the initial grant award, may be carried over and expended during the succeeding five-year period, if such funds were obligated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award.’.CommentsClose CommentsPermalink

(a) Definitions- Section 342 (20 U.S.C. 1066a) is amended--CommentsClose CommentsPermalink





(1) in paragraph (5)(G), by striking ‘by a nationally recognized accrediting agency or association’ and inserting ‘by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of title IV’; andCommentsClose CommentsPermalink





(2) in paragraph (8), by inserting ‘capital project’ after ‘issuing taxable’.CommentsClose CommentsPermalink





(b) Federal Insurance for Bonds- Section 343(b) (20 U.S.C. 1066b(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8)(B)(ii)--CommentsClose CommentsPermalink





(A) by striking ‘10’ and inserting ‘5’; andCommentsClose CommentsPermalink





(B) by inserting ‘within 120 days’ after ‘loan proceeds’;CommentsClose CommentsPermalink





(2) in paragraph (10), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(3) in paragraph (11), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(12) limit loan collateralization, with respect to any loan made under this part, to 100 percent of the loan amount, except as otherwise required by the Secretary.’.CommentsClose CommentsPermalink





(c) Limitations on Federal Insurance for Bonds Issued by the Designated Bonding Authority- Section 344(a) (20 U.S.C. 1066c(a)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘$375,000,000’ and inserting ‘$1,100,000,000’;CommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘$250,000,000’ and inserting ‘$733,333,333’; andCommentsClose CommentsPermalink





(3) in paragraph (2), by striking ‘$125,000,000’ and inserting ‘$366,666,667’.CommentsClose CommentsPermalink





(d) Authority of the Secretary- Section 345 (20 U.S.C. 1066d) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6), by striking ‘and’ after1), by striking ‘enactment of the Higher Education Amendments of 1992,’ and inserting ‘the date of enactment of the Higher Education Opportunity Act,’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively;CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the semicolon;(2) in paragraph (7following:CommentsClose CommentsPermalink





‘(2) shall ensure that--CommentsClose CommentsPermalink





‘(A) the selection process for the designated bonding authority is conducted on a competitive basis; andCommentsClose CommentsPermalink





‘(B) the evaluation and selection process is transparent;CommentsClose CommentsPermalink





‘(3) shall--CommentsClose CommentsPermalink





‘(A) review the performance of the designated bonding authority after the third year of the insurance agreement; andCommentsClose CommentsPermalink





‘(B) following the review described in subparagraph (A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with the Advisory Board established pursuant to section 347;’;CommentsClose CommentsPermalink





(4) in paragraph (8) (as redesignated by paragraph (2)), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(5) in paragraph (9) (as redesignated by paragraph (2)), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:‘(8) not later than 90 days after the date of enactment of the Higher Education Amendments of 20076) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) not later than 120 days after the date of enactment of the Higher Education Opportunity Act, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.’.CommentsClose CommentsPermalink





(e) HBCU Capital Financing Advisory Board- Section 347 (20 U.S.C. 1066f) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) by striking out ‘9 members’ and inserting ‘11 members’;CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘Two’ and inserting ‘Three’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) The president of the Thurgood Marshall College Fund, or the designee of the president.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Additional Recommendations From Advisory Board-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the responsibilities of the Advisory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding--CommentsClose CommentsPermalink





‘(A) the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have--CommentsClose CommentsPermalink





‘(i) obtained construction financing through the program under this part and seek additional financing or refinancing under such program; orCommentsClose CommentsPermalink





‘(ii) applied for construction financing through the program under this part but have not received financing under such program; andCommentsClose CommentsPermalink





‘(B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than six months after the date of enactment of the Higher Education Opportunity Act, the Advisory Board shall prepare and submit a report to the authorizing committees regarding the historically Black colleges and universities described in paragraph (1)(A) that includes administrative and legislative recommendations for addressing the issues related to construction financing facing such historically Black colleges and universities.’.CommentsClose CommentsPermalink

SEC. 3115. PROGRAMS IN STEM FIELDS.CommentsClose CommentsPermalink

SEC. 319. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

Subsection (a) of section 399ection 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Authorizations-CommentsClose CommentsPermalink





‘(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 through 320), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(E) There are authorized to be appropriated to carry out section 319, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(F) There are authorized to be appropriated to carry out section 320, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $375,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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, $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(4) PART D- (A) There are authorized to be appropriated to carry out part D (other than section 345(79), but including section 347) such sums as may be necessary for fiscal year 2008 and each of the 5, $185,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(B) There are authorized to be appropriated to carry out section 345(79) such sums as may be necessary for fiscal year 2008 and each of the 59 and each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(5) PART E- There are authorized to(A) 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 5out subpart 1 of part E, $12,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(B) There are authorized to be appropriated to carry out subpart 2 of part E, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 31220. TECHNICAL CORRECTIONS.CommentsClose CommentsPermalink

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





(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by striking ‘,,’ and inserting ‘)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting a comma after ‘344(b)’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘equipment technology,,’ and inserting ‘equipment, technology,’;CommentsClose CommentsPermalink





(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting ‘Sale of Qualified Bonds- ’ before ‘Notwithstanding’;CommentsClose CommentsPermalink





(3) in the matter preceding clause (i) of section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking ‘support’ and inserting ‘supports’;CommentsClose CommentsPermalink





(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by striking ‘subparagraph (E)’ and inserting ‘subparagraph (D)’;CommentsClose CommentsPermalink





(5) in the matter preceding subparagraph (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ‘eligible institutions under part A institutions’ and inserting ‘eligible institutions under part A’; andCommentsClose CommentsPermalink





(6) in the matter preceding paragraph (1) of section 396 (20 U.S.C. 1068e), by striking ‘360’ and inserting ‘399’.CommentsClose CommentsPermalink

TITLE IV--STUDENT ASSISTANCECommentsClose CommentsPermalink

PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION

SEC. 401. FEDERAL PELL GRANTS.CommentsClose CommentsPermalink

(a) Amendments- Section 401uthorized Maximums-CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 401(b) (20 U.S.C. 1070a) is amended--(1) in subsection (a)--(A) in paragraph (1)--(i) in the first sentence, by striking ‘2004’ and inserting ‘2013’; and(ii) in the second sentence, by striking ‘,,’ and inserting ‘,’; and(B) in paragraph (3), by striking ‘this subpart’ and inserting ‘this section’;(2) in subsection (b)--(A) by striking paragraph (2)(A) and inserting the following(b)) is amended--CommentsClose CommentsPermalink





(A) by amending paragraph (2)(A) to read as follows:CommentsClose CommentsPermalink





‘(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be--CommentsClose CommentsPermalink





‘(i) $5,400 for academic year 2008-2009;‘(ii) $5,700 for academic year 2009-2010;‘(iii) $6,000 for academic year 2009-2010;CommentsClose CommentsPermalink





‘(ii) $6,400 for academic year 2010-2011;CommentsClose CommentsPermalink





and‘(iv) $6,3‘(iii) $6,800 for academic year 2011-2012;CommentsClose CommentsPermalink





‘(iv) $7,200 for academic year 2012-2013;CommentsClose CommentsPermalink





‘(v) $7,600 for academic year 2013-2014; andCommentsClose CommentsPermalink





‘(vi) $8,000 for academic year 2014-2015,CommentsClose CommentsPermalink





less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.’;CommentsClose CommentsPermalink





(B) by striking paragraph (3);(C) in paragraph (5designating the paragraphs following paragraph (2), in the order in which such paragraphs appear, as paragraphs (3) through (8);CommentsClose CommentsPermalink





(C) in paragraph (4) (as designated by subparagraph (B)), by striking ‘$400, except’ and all that follows through the period and inserting ‘10 percent of the maximum ten percent of the maximum basic grant level specified in the appropriate Aappropriation Act for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than 5five percent of such level but less than 10 percent of such level ten percent of such level shall be awarded a Federal Pell grant in the amount of 10 percent of such level.’; and(D) by striking paragraph (6ten percent of such level.’;CommentsClose CommentsPermalink





(D) by striking paragraph (5) (as designated by subparagraph (B)) and inserting the following:CommentsClose CommentsPermalink





‘(6) In the case of a student who is enrolled, on at least a half-time basis and for a period of more than 1 academic year in a single award year in a 2-year or 4-year program of instruction for which an institution of higher education awards an associate or baccalaureate degree, the Secretary shall award such student not more than 2 Federal Pell Grants during that award year to5)(A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student’s progress toward a degree. In the case of a student receiving more than 1 Federal Pell Grant in a single award year, the total amount of Federal Pell Grants awarded to such student for the award year may exceed the or certificate if the student is enrolled--CommentsClose CommentsPermalink





‘(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; andCommentsClose CommentsPermalink





‘(ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.CommentsClose CommentsPermalink





‘(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.’;CommentsClose CommentsPermalink





and(3) in subsection (c), by adding at the end the following:‘(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 (E) in paragraph (7) (as designated by subparagraph (B)), by inserting before the period the following: ‘or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program)’; and CommentsClose CommentsPermalink





(F) in paragraph (8) (as designated by subparagraph (B))--CommentsClose CommentsPermalink





(i) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





‘(D) PROGRAM REQUIREMENTS AND OPERATIONS OTHERWISE UNAFFECTED- Except as provided in subparagraphs (B) and (C), nothing in this paragraph shall be construed to alter the requirements and operations of the Federal Pell Grant Program as authorized under this section, or authorize the imposition of additional requirements or operations for the determination and allocation of Federal Pell Grants under this section.’; andCommentsClose CommentsPermalink





(ii) by amending subparagraph (F) to read as follows:CommentsClose CommentsPermalink





‘(F) AVAILABILITY OF FUNDS- The amounts made available by subparagraph (A) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the amendments made by paragraph (1) shall take effect on July 1, 2009.CommentsClose CommentsPermalink





(B) SPECIAL RULE- The amendments made by subparagraph (F) of paragraph (1) shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on July 1, 2008Maximum Duration of Eligibility- Section 401(c) (20 U.S.C. 1070a(c)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) The period during which a student may receive Federal Pell Grants shall not exceed 18 semesters, or the equivalent of 18 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full-time, that only that same fraction of such semester or equivalent shall count towards such duration limits. The provisions of this paragraph shall apply only to a student who receives a Federal Pell Grant for the first time on or after July 1, 2008.’.CommentsClose CommentsPermalink





(c) Calculation of Federal Pell Grant Eligibility-CommentsClose CommentsPermalink





(1) AMENDMENT- Section 401(f) (20 U.S.C. 1070a(f)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4)(A) Notwithstanding paragraph (1) or any other provision of this section, the expected family contribution of each student described in subparagraph (B) shall be deemed to be zero for the period during which each such student is eligible to receive a Federal Pell Grant under subsection (c).CommentsClose CommentsPermalink





‘(B) Subparagraph (A) shall apply to any student at an institution of higher education--CommentsClose CommentsPermalink





‘(i) whose parent or guardian was a member of the Armed Forces of the United States who died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; andCommentsClose CommentsPermalink





‘(ii) who was less than 24 years of age, or was enrolled as a full-time or part-time student at an institution of higher education, as of the time of the parent or guardian’s death.CommentsClose CommentsPermalink





‘(C) Notwithstanding any other provision of law, the Secretary of Veterans Affairs and the Secretary of Defense, as appropriate, shall provide the Secretary of Education with information necessary to determine which students meet the requirements of subparagraph (B).’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on July 1, 2009.CommentsClose CommentsPermalink

SEC. 402. ACADEMIC COMPETITIVENESS GRANTS.CommentsClose CommentsPermalink

Section 401A (a) Amendments- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 401A (as amended by Public Law 110-227) (20 U.S.C. 1070a-1) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:

‘(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.’;

(2) in subsection (b)--(A) in paragraph (1), by striking ‘academic’; and(B) in paragraph (2), by striking ‘third or fourth academic’ and inserting ‘third, fourth, or fifth’;(3) in subsection (c)--(A) in the matter preceding paragraph (1), by striking ‘full-time’ and all that follows through ‘is made’ and inserting ‘student who’;(B) by striking paragraph (1) and inserting the following:

‘(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;’;

(C) by striking paragraph (2) and inserting the following:

‘(2) is enrolled or accepted for enrollment in an institution of higher education on not less than a half-time basis; and’; and

(D) in paragraph (3)--(i) by striking subparagraph (AA) in subsection (c)(3)--CommentsClose CommentsPermalink




(i) in subparagraph (A), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(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), hasi)(I) successfully completed, after January 1, 2006s, after January 1, 2006, but before July 1, 2009, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary;’;(ii) in subparagraph (B)--(I) in the matter preceding clause (i), by striking ‘academic’ and all that follows through ‘higher education’ and inserting ‘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)’; and(II) in clause (ii)--(aa) by striking ‘academic’; and(bb) by striking ‘or’ after the semicolon at the end;(iii) in subparagraph (C)--(I) by striking ‘academic’;(II) by striking ‘four’ and inserting ‘4’;(III) by striking clause (i)(II) and inserting the following:

‘(II) a critical foreign language; and’; and

(IV) in clause (ii), by striking the period at the end and inserting a semicolon; and(iv) by adding at the end the following:

‘(D) the third or fourth year of a program of undergraduate education at an institution of higher education (as defined in section 101(a)) that demonstrates, to the satisfaction of the Secretary, that the institution--‘(i) offers a single liberal arts curriculum leading to a baccalaureate degree, under which students are not permitted by the institution to declare a major in a particular subject area, and those students--‘(I) study, in such years, a subject described in subparagraph (C)(i) that is at least equal to the requirements for an academic major at an institution of higher education that offers a baccalaureate degree in such subject, as certified by an appropriate official from the institution; or‘(II) are required, as part of their degree program, to undertake a rigorous course of study in mathematics, biology, chemistry, and physics, which consists of at least--

‘(aa) 4 years of study in mathematics; and‘(bb) 3 years of study in the sciences, with a laboratory component in each of those years; 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).’;(4) in subsection (d)--(A) in paragraph (1)--(i) in subparagraph (A)--(I) by striking ‘The’ and inserting ‘IN GENERAL- The’;(II) in clause (ii), by striking ‘or’ after the semicolon at the end;(III) in clause (iii), by striking ‘subsection (c)(3)(C).’ and inserting ‘subparagraph (C) or (D) of subsection (c)(3), for each of the 2 years described in such subparagraphs; or’; and(IV) by adding at the end the following:‘(iv) $4,000 for an eligible student under subsection (c)(3)(E).’; and(ii) in subparagraph (B)--(I) by striking ‘Notwithstanding’ and inserting ‘LIMITATION; RATABLE REDUCTION- Notwithstanding’;(II) by redesignating clauses (i), (ii), and (iii), as clauses (ii), (iii), and (iv), respectively; and(III) by inserting before clause (ii), as redesignated under subclause (II), the following:‘(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);’;(B) by striking paragraph (2) and inserting the following:‘(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.’; and(C) by adding at the end the following:‘(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.’;(5) by striking subsection (e)(2 orCommentsClose CommentsPermalink





‘(II) successfully completes, on or after July 1, 2009, a rigorous secondary school program of study that prepares students for college--CommentsClose CommentsPermalink





‘(aa)(AA) that is recognized as such by the official designated for such recognition consistent with State law; andCommentsClose CommentsPermalink





‘(BB) about which the designated official has reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the student is an eligible student under this section; orCommentsClose CommentsPermalink





‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this section, as such regulations were in effect on May 6, 2008; and’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(i)(I) successfully completes, after January 1, 2005, but before July 1, 2009, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary; orCommentsClose CommentsPermalink





‘(II) successfully completes, on or after July 1, 2009, a rigorous secondary school program of study that prepares students for college--CommentsClose CommentsPermalink





‘(aa)(AA) that is recognized as such by the official designated for such recognition consistent with State law; andCommentsClose CommentsPermalink





‘(BB) about which the designated official has reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the student is an eligible student under this section; orCommentsClose CommentsPermalink





‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this section, as such regulations were in effect on May 6, 2008; and’; andCommentsClose CommentsPermalink





(B) by amending subsection (e)(2) to read as follows:CommentsClose CommentsPermalink





‘(2) AVAILABILITY OF FUNDS- Funds made available under paragraph (1) for a fiscal year shall remain available for the succeeding fiscal year.’;(6) in subsection (f)--(A) by striking ‘at least one’ and inserting ‘not less than 1’; and(B) by striking ‘subsection (c)(3)(A) and (B)’ and inserting ‘subparagraphs (A) and (B) of subsection (c)(3)’; and(7) in subsection (g), by striking ‘academic’ and inserting ‘award’The amounts made available by paragraph (1) for any fiscal year shall be available from October 1 of that fiscal year and remain available through September 30 of the succeeding fiscal year.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1)(B) shall take effect on October 1, 2008.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE AMENDMENT- Section 10(b) of the Ensuring Continued Access to Student Loans Act of 2008 is amended by striking ‘January 1’ and inserting ‘July 1’.CommentsClose CommentsPermalink





(b) Waiver of Master Calendar and Negotiated Rulemaking Requirements- Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to the amendments made by subsection (a), or to any regulations promulgated under those amendments.CommentsClose CommentsPermalink





(c) Related Amendment to the Ensuring Continued Access to Student Loans Act of 2008-CommentsClose CommentsPermalink





(1) AMENDMENT- Section 11 of the Ensuring Continued Access to Student Loans Act of 2008 is amended by striking ‘sections 2 through 9 of’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect as if enacted as part of the Ensuring Continued Access to Student Loans Act of 2008.CommentsClose CommentsPermalink

SEC. 403. FEDERAL TRIO PROGRAMS.CommentsClose CommentsPermalink

(a) Program Authority; Authorization of Appropriations- Section 402A (20 U.S.C. 1070a-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘including community-based organizations with experience in serving disadvantaged youth’ after ‘private agencies and organizations’; andCommentsClose CommentsPermalink





(ii) by striking ‘in exceptional circumstances’ and inserting ‘, as appropriate to the purposes of the program’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘4’ and inserting ‘5’;(ii) by striking subparagraph (A); and(iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and(B andCommentsClose CommentsPermalink





(ii) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(A) in order to synchronize the awarding of grants for programs under this chapter, the Secretary may, under such terms as are consistent with the purposes of this chapter, provide a one-time, limited extension of the length of such an award;’; andCommentsClose CommentsPermalink





(C) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking--CommentsClose CommentsPermalink





(i) by striking ‘(2) PRIOR EXPERIENCE- In’ and inserting the following:CommentsClose CommentsPermalink





‘(2) CONSIDERATIONS-CommentsClose CommentsPermalink





‘(A) PRIOR EXPERIENCE- In’;CommentsClose CommentsPermalink





(ii) by striking ‘service delivery’ and inserting ‘high quality service delivery, as determined under subsection (f),’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) PARTICIPANT NEED- In making grants under this chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.’;CommentsClose CommentsPermalink





(B) in paragraph (3)(B), by striking ‘is not required to’ and inserting ‘shall not’;CommentsClose CommentsPermalink





and(C) in paragraph (5), by striking ‘campuses’ and inserting ‘different campuses’;CommentsClose CommentsPermalink





(3) in subsection (e),D) in paragraph (6), by adding at the end the following new sentence: ‘The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this chapter to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act.’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) REVIEW AND NOTIFICATION BY THE SECRETARY-CommentsClose CommentsPermalink





‘(A) GUIDANCE- Not later than 180 days after the date of enactment of the Higher Education Opportunity Act, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this chapter, including--CommentsClose CommentsPermalink





‘(i) the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act;CommentsClose CommentsPermalink





‘(ii) steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;CommentsClose CommentsPermalink





‘(iii) steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;CommentsClose CommentsPermalink





‘(iv) steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this chapter in a thorough and complete manner consistent with applicable Federal law; andCommentsClose CommentsPermalink





‘(v) steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.CommentsClose CommentsPermalink





‘(B) UPDATED GUIDANCE- Not later than 45 days before the date of the commencement of each competition for a grant under this chapter that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.CommentsClose CommentsPermalink





‘(C) REVIEW-CommentsClose CommentsPermalink





‘(i) IN GENERAL- With respect to any competition for a grant under this chapter, an applicant may request a review by the Secretary if the applicant--CommentsClose CommentsPermalink





‘(I) has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; andCommentsClose CommentsPermalink





‘(II) has otherwise met all of the requirements for submission of the application.CommentsClose CommentsPermalink





‘(ii) TECHNICAL OR ADMINISTRATIVE ERROR- In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.CommentsClose CommentsPermalink





‘(iii) SCORING ERROR- In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall--CommentsClose CommentsPermalink





‘(I) review such evidence and provide a timely response to the applicant; andCommentsClose CommentsPermalink





‘(II) if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.CommentsClose CommentsPermalink





‘(iv) ERROR IN PEER REVIEW PROCESS-CommentsClose CommentsPermalink





‘(I) REFERRAL TO SECONDARY REVIEW- In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this chapter or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.CommentsClose CommentsPermalink





‘(II) TIMELY REVIEW; REPLACEMENT SCORE- The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review.CommentsClose CommentsPermalink





‘(III) COMPOSITION OF SECONDARY REVIEW PANEL- The secondary review panel shall be composed of reviewers each of whom--CommentsClose CommentsPermalink

‘(aa) did not review the application in the original peer review;CommentsClose CommentsPermalink

‘(bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; andCommentsClose CommentsPermalink

‘(cc) to extent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review.CommentsClose CommentsPermalink

‘(IV) FINAL SCORE- The final peer review score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition.CommentsClose CommentsPermalink





‘(V) QUALIFICATION FOR SECONDARY REVIEW- To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that--CommentsClose CommentsPermalink

‘(aa) points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRIO programs or the application for a grant for such programs; orCommentsClose CommentsPermalink

‘(bb) information pertaining to selection criteria was wrongly determined to be missing from the application.CommentsClose CommentsPermalink

‘(v) FINALITY-CommentsClose CommentsPermalink





‘(I) IN GENERAL- A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.CommentsClose CommentsPermalink





‘(II) SCORING- The score awarded by a secondary review panel under clause (iv) shall not be reviewable by any officer or employee of the Department other than the Secretary.CommentsClose CommentsPermalink





‘(vi) FUNDING OF APPLICATIONS WITH CERTAIN ADJUSTED SCORES- To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.’;CommentsClose CommentsPermalink





(3) in subsection (e)--CommentsClose CommentsPermalink





(A) by striking ‘(g)(2)’ each place the term occurs and inserting ‘(h)(4)it appears and inserting ‘(h)(4)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 13), or homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act, shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F.’;CommentsClose CommentsPermalink





(4) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;CommentsClose CommentsPermalink





(5) by inserting after subsection (e) the following:CommentsClose CommentsPermalink





‘(f) Outcome Criteria-CommentsClose CommentsPermalink





‘(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, andFor competitions for grants under this chapter that begin on or after January 1, 2009, the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria.‘(2) described in paragraphs (2) and (3).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the delivery of service to a total number of students served by the program;CommentsClose CommentsPermalink





‘(ii) the continued secondary school enrollment of such students;CommentsClose CommentsPermalink





‘(iii) the graduation of such students from secondary school;‘(i with a regular secondary school diploma in the standard number of years;CommentsClose CommentsPermalink





‘(iv) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;CommentsClose CommentsPermalink





‘(v) the enrollment of such students in an institution of higher education; andCommentsClose CommentsPermalink





‘(vi) to the extent practicable, the postsecondary education completion of such students.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) such students’ school performance, as measured by the grade point average, or its equivalent;CommentsClose CommentsPermalink





‘(iii) such students’ academic performance, as measured by standardized tests, including tests required by the students’ State;CommentsClose CommentsPermalink





‘(iv) the retention in, and graduation from, secondary school of such students;CommentsClose CommentsPermalink





and‘(v) the enrollment of such students in an institution of higher education ‘(v) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program; CommentsClose CommentsPermalink





‘(vi) the enrollment of such students in an institution of higher education; andCommentsClose CommentsPermalink





‘(vii) to the extent practicable, the postsecondary education completion of such students.CommentsClose CommentsPermalink





‘(C) For programs authorized under section 402D--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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 the percentage of such students’ completion of the degree programs in which such students were enrolled; orCommentsClose CommentsPermalink





‘(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 entitysuch students met or exceeded the entity’s objectives regarding--CommentsClose CommentsPermalink





‘(aa) the completion of a degree or certificate by such students; andCommentsClose CommentsPermalink





‘(bb) the transfer of such students to institutions of higher education that offer baccalaureate degrees;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) the extent to which the entity met or exceeded the entity’s objectives regarding such students remainingthe students served under the program who remain in good academic standing.CommentsClose CommentsPermalink





‘(D) For programs authorized under section 402E, the extent to which the entity met or exceeded the entity’s objectives for such program regarding--CommentsClose CommentsPermalink





‘(i) the delivery of service to a total number of students, as served by the program, as agreed upon by the entity and the Secretary for the period;CommentsClose CommentsPermalink





‘(ii) the provision of appropriate scholarly and research activities for the students served by the program;CommentsClose CommentsPermalink





‘(iii) the acceptance and enrollment of such students in graduate programs; andCommentsClose CommentsPermalink





‘(iv) the continued enrollment of such students in graduate study and the attainment of doctoral degrees by former program participants.CommentsClose CommentsPermalink





‘(E) For programs authorized under section 402F, the extent to which the entity met or exceeded the entity’s objectives for such program regarding--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) the enrollment of secondary school graduates who were served by the program in programs of postsecondary education;CommentsClose CommentsPermalink





‘(iii) the delivery of service to a total number of students, as served by the program, as agreed upon by the entity and the Secretary for the period; andCommentsClose CommentsPermalink





‘(iv) the provision of assistance to students served by the program in completing financial aid applications and college admission applications.CommentsClose CommentsPermalink





‘(4) MEASUREMENT OF PROGRESS- In order to determine the extent to which an each 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’sthe Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity’s application approved by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.’;CommentsClose CommentsPermalink





(6) in subsection (g) (as redesignated by paragraph (4))--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘$700,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5$900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.’; andCommentsClose CommentsPermalink





(B) by striking the fourth sentence; andCommentsClose CommentsPermalink





(7) in subsection (h) (as redesignated by paragraph (4))--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (4) as paragraphs (3) through (6), respectively;CommentsClose CommentsPermalink





(B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:CommentsClose CommentsPermalink





‘(1) DIFFERENT CAMPUS- The term ‘different campus’ means a site of an institution of higher education that--CommentsClose CommentsPermalink





‘(A) is geographically apart from the main campus of the institution;CommentsClose CommentsPermalink





‘(B) is permanent in nature; andCommentsClose CommentsPermalink





‘(C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.CommentsClose CommentsPermalink





‘(2) DIFFERENT POPULATION- The term ‘different population’ means a group of individuals, with respect to whom that an eligible entity desires to serve through an application for a grant under this chapter, and that--CommentsClose CommentsPermalink





‘(A) is separate and distinct from any other population that the entity has applied for a grant under this chapter to serve; orCommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(C) in paragraph (5) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink





(i) in subparagraph (A),--CommentsClose CommentsPermalink





(I) by striking ‘, any part of which occurred after January 31, 1955,’; andCommentsClose CommentsPermalink





(II) by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B),--CommentsClose CommentsPermalink





(I) by striking ‘after January 31, 1955,’; andCommentsClose CommentsPermalink





(II) by striking the period at the end and inserting ‘; or’a semicolon; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) was a member of a reserve component of the Armed Forces called to active duty for a period of more than 180 days30 days; orCommentsClose CommentsPermalink





‘(D) was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) on or after September 11, 2001.’; andCommentsClose CommentsPermalink





(D) in paragraph (6) (as redesignated by subparagraph (A)), by striking ‘subparagraph (A) or (B) of paragraph (3)’ and inserting ‘subparagraph (A), (B), or (C) of paragraph (5)’.CommentsClose CommentsPermalink





(b) Talent Search- Section 402B (20 U.S.C. 1070a-12) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘to identify qualified youths with potential for education at the postsecondary level and to encourage such youths’ and inserting ‘to encourage eligible youths’;(B) in paragraph (2), by inserting ‘, and facilitate the application for,’ after ‘the availability of’; andCommentsClose CommentsPermalink





(CB) in paragraph (3), by striking ‘, but who have the ability to complete such programs, to reenter’ and inserting ‘to enter or reenter, and complete’;CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (d);CommentsClose CommentsPermalink





(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Required Services- Any project assisted under this section shall provide--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) advice and assistance in secondary course selection and, if applicable, initial postsecondary course selection;CommentsClose CommentsPermalink





‘(3) assistance in preparing for college entrance examinations and completing college admission applications;CommentsClose CommentsPermalink





‘(4)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; andCommentsClose CommentsPermalink





‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);CommentsClose CommentsPermalink





‘(5) guidance on and assistance in--CommentsClose CommentsPermalink





‘(A) secondary school reentry;CommentsClose CommentsPermalink





‘(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;CommentsClose CommentsPermalink





‘(C) entry into general educational development (GED) programs; orCommentsClose CommentsPermalink





‘(D) postsecondary education; andCommentsClose CommentsPermalink





‘(6) education or counseling services designed to improve the financial literacy andconnections to education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.CommentsClose CommentsPermalink





‘(c) Permissible Services- Any project assisted under this section may provide services such as--CommentsClose CommentsPermalink





‘(1) academic tutoring, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;CommentsClose CommentsPermalink





‘(2) personal and career counseling or activities;CommentsClose CommentsPermalink





‘(23) information and activities designed to acquaint youths with the range of career options available to the youths;‘(3;CommentsClose CommentsPermalink





‘(4) exposure to the campuses of institutions of higher education, as well as cultural events, academic programs, and other sites or activities not usually available to disadvantaged youth;CommentsClose CommentsPermalink





‘(45) workshops and counseling for families of students served;CommentsClose CommentsPermalink





‘(56) mentoring programs involving elementary or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons; andCommentsClose CommentsPermalink





‘(67) programs and activities as described in subsection (b) or paragraphs (1) through (56) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or students who are in foster care or are aging out of the foster care system, or other disconnected students.’; andCommentsClose CommentsPermalink





(4) in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking ‘talent search projects under this chapter’ and inserting ‘projects under this section’.CommentsClose CommentsPermalink





(c) Upward Bound- Section 402C (20 U.S.C. 1070a-13) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Required Services- Any project assisted under this section shall provide--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) advice and assistance in secondary and postsecondary course selection;CommentsClose CommentsPermalink





‘(3) assistance in preparing for college entrance examinations and completing college admission applications;CommentsClose CommentsPermalink





‘(4)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; andCommentsClose CommentsPermalink





‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);CommentsClose CommentsPermalink





‘(5) guidance on and assistance in--CommentsClose CommentsPermalink





‘(A) secondary school reentry;CommentsClose CommentsPermalink





‘(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;CommentsClose CommentsPermalink





‘(C) entry into general educational development (GED) programs; orCommentsClose CommentsPermalink





‘(D) postsecondary education; andCommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Required Services’ and inserting ‘Additional Required Services for Multiple-Year Grant Recipients’; andCommentsClose CommentsPermalink





(B) by striking ‘upward bound project assisted under this chapter’ and inserting ‘project assisted under this section’;CommentsClose CommentsPermalink





(3) by redesignating subsections (d) and (e) as subsections (f), (e), and (f) as subsections (e), (f), and (g), respectively;CommentsClose CommentsPermalink





(4) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Permissible Services- Any project assisted under this section may provide such services as--CommentsClose CommentsPermalink





‘(1) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;CommentsClose CommentsPermalink





‘(2) information, activities, and instruction designed to acquaint youths participating in the project with the range of career options available to the youths;CommentsClose CommentsPermalink





‘(3) on-campus residential programs;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;CommentsClose CommentsPermalink





‘(6) special services to enable veterans to make the transition to postsecondary education; and‘(7) programs and activities, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; andCommentsClose CommentsPermalink





‘(7) programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), 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.’;(5) in the matter preceding paragraph (1) of subsection (f, or other disconnected students.’;CommentsClose CommentsPermalink





(5) in subsection (e) (as redesignated by paragraph (3)), by striking --CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘upward bound projects under this chapter’ and inserting ‘projects under this section’;CommentsClose CommentsPermalink





and(6) in subsection (g (B) in paragraph (2), by striking ‘either low-income’ and all that follows through the semicolon and inserting ‘low-income individuals, first generation college students, or students who have a high risk for academic failure;’; CommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(D) in paragraph (4), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.’;CommentsClose CommentsPermalink





(6) in subsection (f) (as redesignated by paragraph (3))--CommentsClose CommentsPermalink





(A) by striking ‘during June, July, and August’ each place the term occurs and inserting ‘during the summer school recess, for a period not to exceed 3three months’; andCommentsClose CommentsPermalink





(B) by striking ‘(b)(10)’ and inserting ‘(d)(5)’.(7) by adding at the end ; andCommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Additional Funds-‘(1) AUTHORIZATION- There are authorized to be appropriated for the upward bound program under this chapter, in addition to any amounts appropriated under section 402A(g), $57,000,000 for each of the fiscal years 2008 through 2011 for the Secretary to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the upward bound program under this chapter.‘(2) USE OF FUNDS-‘(A) IN GENERAL- The amounts made available by paragraph (1) for a fiscal year shall be available to provide assistance to applicants for an upward bound project under this chapter for such fiscal year that--‘(i) did not apply for assistance, orbsolute Priority Prohibited in Upward Bound Program- Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied but did not receive assistance, under this section in fiscal year 2007; and‘(ii) receive a grant score above 70 on the applicant’s application.‘(B) 4-year GRANTS- The assistance described in subparagraph (A) shall be made available in the form of 4-year grretroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.’.CommentsClose CommentsPermalink





(d) Student Support Services- Section 402D (20 U.S.C. 1070a-14) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(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 students who are limited English proficient, students who from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), and students who are in foster care or are aging out of the foster care system.’; and(C) by adding at the end the following:, or other disconnected students; andCommentsClose CommentsPermalink





‘(4) to improve the financial literacy and economic literacy of students, including--CommentsClose CommentsPermalink





‘(A) basic personal income, household money management, and financial planning skills; andCommentsClose CommentsPermalink





‘(B) basic economic decisionmaking skills.’;CommentsClose CommentsPermalink





(2) by redesignating subsections (c) and (d) as subsections (d) and (e);CommentsClose CommentsPermalink





(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Required Services- A project assisted under this section shall provide--CommentsClose CommentsPermalink





‘(1) academic tutoring to enable students to complete postsecondary , directly or through other services provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;CommentsClose CommentsPermalink





‘(2) advice and assistance in postsecondary course selection;CommentsClose CommentsPermalink





‘(3)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; andCommentsClose CommentsPermalink





‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);CommentsClose CommentsPermalink





‘(4) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;CommentsClose CommentsPermalink





‘(5) activities designed to assist students participating in the project in securing college admission and financial assistance for enrollment in graduate and professional applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; andCommentsClose CommentsPermalink





‘(6) activities designed to assist students enrolled in 2two-year institutions of higher education in securing admission and financial assistance for enrollment in a 4applying for admission to, and obtaining financial assistance for enrollment in, a four-year program of postsecondary education.CommentsClose CommentsPermalink





‘(c) Permissible Services- A project assisted under this section may provide services such as--CommentsClose CommentsPermalink





‘(1) consistent, individualizedindividualized counseling for personal, career, and academic counseling,matters provided by assigned counselors;CommentsClose CommentsPermalink





‘(2) information, activities, and instruction designed to acquaint youthstudents participating in the project with the range of career options available to the students;CommentsClose CommentsPermalink





‘(3) exposure to cultural events and academic programs not usually available to disadvantaged students;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(65) securing temporary housing during breaks in the academic year for--CommentsClose CommentsPermalink





‘(A) students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths and; andCommentsClose CommentsPermalink





‘(B) students who are in foster care or are aging out of the foster care system; andCommentsClose CommentsPermalink





‘(76) programs and activities as described in subsection (b) or paragraphs (1) through (5) of this subsection that4) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths, or, students who are in foster care or are aging out of the foster care system, or other disconnected students.’;CommentsClose CommentsPermalink





(4) in subsection (d)(1) (as redesignated by paragraph (2)), by striking ‘subsection (b)’ and inserting ‘subsection (c)’; andCommentsClose CommentsPermalink





(5) in the matter preceding paragraph (1) of subsection (e) (as redesignated by paragraph (2)), by striking ‘student support services projects under this chapter’ and inserting ‘projects under this section’.CommentsClose CommentsPermalink





(e) Postbaccalaureate Achievement Program Authority- Section 402E (20 U.S.C. 1070a-15) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in the subsection heading, by inserting ‘Required’ before ‘Services’;CommentsClose CommentsPermalink





(B) in the matter preceding paragraph (1), by striking ‘A postbaccalaureate achievement project assisted under this section may provide services such as--’ and inserting ‘A project assisted under this section shall provide--’;CommentsClose CommentsPermalink





(C) in paragraph (5), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(D) in paragraph (6), by striking the semicolon and inserting a period; andCommentsClose CommentsPermalink





(E) by striking paragraphs (7) and (8);CommentsClose CommentsPermalink





(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;CommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Permissible Services- A project assisted under this section may provide services such as--CommentsClose CommentsPermalink





‘(1) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;CommentsClose CommentsPermalink





‘(2) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; andCommentsClose CommentsPermalink





‘(3) exposure to cultural events and academic programs not usually available to disadvantaged students.’;CommentsClose CommentsPermalink





(4) in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking --CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘postbaccalaureate achievement’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by inserting after ‘graduate education’ the following: ‘, including--CommentsClose CommentsPermalink





‘(A) Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965;CommentsClose CommentsPermalink





‘(B) Native Hawaiians, as defined in section 7207 of such Act; andCommentsClose CommentsPermalink





‘(C) Native American Pacific Islanders, as defined in section 320.’;CommentsClose CommentsPermalink





(5) in the matter preceding paragraph (1) of subsection (f) (as redesignated by paragraph (2)), by striking ‘postbaccalaureate achievement project’ and inserting ‘project under this section’; andCommentsClose CommentsPermalink





(6) in subsection (g) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) by striking ‘402A(f)’ and inserting ‘402A(g)’; andCommentsClose CommentsPermalink





(B) by striking ‘1993 through 1997’ and inserting ‘2007 through 20129 through 2014’.CommentsClose CommentsPermalink





(f) Educational Opportunity Centers- Section 402F (20 U.S.C. 1070a-16) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) to improve the financial literacy and economic literacy of students, including--CommentsClose CommentsPermalink





‘(A) basic personal income, household money management, and financial planning skills; andCommentsClose CommentsPermalink





‘(B) basic economic decisionmaking skills.’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;CommentsClose CommentsPermalink





(B) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink





‘(5) education or counseling services designed to improve the financial literacy and economic literacy of students;’;CommentsClose CommentsPermalink





(C) by striking paragraph (7) (as redesignated by subparagraph (A)) and inserting the following:CommentsClose CommentsPermalink





‘(7) individualized personal, career, and academic counseling;’; andCommentsClose CommentsPermalink





(D) by striking paragraph (11) (as redesignated by subparagraph (A)) and inserting the following:CommentsClose CommentsPermalink





‘(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, orfrom groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or programs and activities for students who are in foster care or are aging out of the foster care system, or other disconnected students.’.CommentsClose CommentsPermalink





(g) Staff Development Activities- Section 402G(b)(3) (20 U.S.C. 1070a-17(b)(3)) is amended by inserting ‘, including strategies for recruiting and serving) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) and, students who are in foster care or are aging out of the foster care system’ before the period at the end, or other disconnected students.’.CommentsClose CommentsPermalink





(h) Reports, Evaluations, and Grants for Project Improvement and Dissemination- Section 402H (20 U.S.C. 1070a-18) is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and inserting ‘reports, evaluations, and grants for project improvement and dissemination.’;CommentsClose CommentsPermalink





(2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;CommentsClose CommentsPermalink





(3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink





‘(a) Reports to the Authorizing Committees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this chapter. The report shall--‘(1Such report shall--CommentsClose CommentsPermalink





‘(A) be submitted not later than 2412 months after the eligible entities receiving funds under this chapter are required to report their performance to the Secretary;CommentsClose CommentsPermalink





‘(2B) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4);CommentsClose CommentsPermalink





‘(3C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;CommentsClose CommentsPermalink





‘(4)D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; andCommentsClose CommentsPermalink





‘(5) include comparable data on the performance E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.CommentsClose CommentsPermalink





‘(2) INFORMATION- The Secretary shall provide, with each report submitted under paragraph (1), information on the impact of the secondary review process described in section 402A(c)(8)(C)(iv), including the number and type of secondary reviews, the disposition of the secondary reviews, the effect on timing of awards, and any other information the Secretary determines is necessary.’; andCommentsClose CommentsPermalink





(4) in subsection (b) (as redesignated by paragraph (2)), by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) AUTHORIZATION OF GRANTS AND CONTRACTS- For the purpose of improving the effectiveness of the programs and projects assisted under this chapter, the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this chapter, including a rigorous evaluation of the programs and projects assisted under section 402C. The evaluation of the programs and projects assisted under section 402C shall be implemented not later than June 30, 2010.CommentsClose CommentsPermalink





‘(B) CONTENT OF UPWARD BOUND EVALUATION- The evaluation of the programs and projects assisted under section 402C that is described in subparagraph (A) shall examine the characteristics of the students who benefit most from the Upward Bound program under section 402C and the characteristics of the programs and projects that most benefit students.CommentsClose CommentsPermalink





‘(C) IMPLEMENTATION- Each evaluation described in this paragraph shall be implemented in accordance with the requirements of this section.CommentsClose CommentsPermalink





‘(2) PRACTICES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in--CommentsClose CommentsPermalink





‘(i) enhancing the access of low-income individuals and first-generation college students to postsecondary education;CommentsClose CommentsPermalink





‘(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) such individuals and students for postsecondary education; andCommentsClose CommentsPermalink





‘(iii) fostering the success of the individuals and students in postsecondary education.CommentsClose CommentsPermalink





‘(B) PRIMARY PURPOSE- Any evaluation conducted under this chapter shall have as itthe evaluation’s primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under section 402A(f)(4).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) RECRUITMENTSPECIAL RULE RELATED TO EVALUATION PARTICIPATION- 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, as a condition for receiving, or that receives, assistance under any program or project under this chapter to participate in an evaluation under this section that--CommentsClose CommentsPermalink





‘(A) requires the eligible entity to recruit additional students beyond those the program or project would normally recruit; orCommentsClose CommentsPermalink





‘(B) results in the denial of services for an eligible student under the program or project.CommentsClose CommentsPermalink





‘(4) CONSIDERATION- When designing an evaluation under this subsection, the Secretary shall continue to consider--CommentsClose CommentsPermalink





‘(A) the burden placed on the program participants or the eligible entity; andCommentsClose CommentsPermalink





‘(B) whether the evaluation meets generally accepted standards of institutional review boards.’.CommentsClose CommentsPermalink

SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS.CommentsClose CommentsPermalink

(a) Early Intervention and College Awareness Program Authorized- Section 404A (20 U.S.C. 1070a-21) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(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, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing--CommentsClose CommentsPermalink





‘(1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to middle school and secondary school studentssecondary school students, including students with disabilities, to reduce--CommentsClose CommentsPermalink





‘(A) the risk of such students dropping out of school; orCommentsClose CommentsPermalink





‘(B) the need for remedial education for such students at the postsecondary level; andCommentsClose CommentsPermalink





‘(2) information to students and their parents about thefamilies about the advantages of obtaining a postsecondary education and the college, college financing options for the students and their parents.’;(2) by striking subsection (b)(2)(Afamilies.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(A) give priority to eligible entities that2) AWARD PERIOD- The Secretary may award a grant under this chapter to an eligible entity described in paragraphs (1) and (2) of subsection (c) for--CommentsClose CommentsPermalink





‘(A) six years; orCommentsClose CommentsPermalink





‘(B) in the case of an eligible entity that applies for a grant under this chapter for seven years to enable the eligible entity to provide services to a student through the student’s first year of attendance at an institution of higher education, seven years.CommentsClose CommentsPermalink





‘(3) PRIORITY- In making awards to eligible entities described in subsection (c)(1), the Secretary shall--CommentsClose CommentsPermalink





‘(A) give priority to eligible entities that--CommentsClose CommentsPermalink





‘(i) on the day before the date of enactment of the Higher Education Opportunity Act, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); andCommentsClose CommentsPermalink





‘(ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; andCommentsClose CommentsPermalink





‘(B) ensure that students served under this chapter on the day before the date of enactment of the Higher Education Opportunity Act continue to receive assistance through the completion of secondary school.’; andCommentsClose CommentsPermalink





(3) in subsection (b), by adding at the end the following:‘(3) CARRY OVER- An eligible entity that receives a grant under this chapter may carry over any unspent grant funds from the final year of the grant period into the following year.’;(4) by striking subsection (c)c), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) a partnership--CommentsClose CommentsPermalink





‘(A) consisting of--CommentsClose CommentsPermalink





‘(i) 1one or more local educational agencies; andCommentsClose CommentsPermalink





‘(ii) 1one or more degree granting institutions of higher education; andCommentsClose CommentsPermalink





‘(B) which may include not less than 2two 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.’.CommentsClose CommentsPermalink





(b) Requirements- Section 404B (20 U.S.C. 1070a-22) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





--‘(a)‘(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 In awarding grants from the amount appropriated under section 404H for a fiscal year, the Secretary shall make available--CommentsClose CommentsPermalink





‘(1) to eligible entities described in section 404A(c)(1), not less than 33 percent of such amount;CommentsClose CommentsPermalink





‘(2) to eligible entities described in section 404A(c)(2), not less than 33 percent of such amount; andCommentsClose CommentsPermalink





‘(3) to eligible entities described in paragraph (1) or (2) of section 404A(c), the remainder of such amount taking into consideration the number, quality, and promise of the applications.’;(2) by striking subsections for the grants, and, to the extent practicable--CommentsClose CommentsPermalink





‘(A) the geographic distribution of such grant awards; andCommentsClose CommentsPermalink





‘(B) the distribution of such grant awards between urban and rural applicants.’;CommentsClose CommentsPermalink





(2) by striking subsections (b), (e), and (f);CommentsClose CommentsPermalink





(3) by redesignating subsections (c), (d), and (g), as subsections (b), (c), and (d), respectively;CommentsClose CommentsPermalink





and(4 (4) in subsection (d)(1) (as redesignated by paragraph (3))-- CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of subparagraph (A);CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by inserting ‘and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity’s application for assistance under this chapter’ after ‘grade level’; andCommentsClose CommentsPermalink





(ii) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) provide services under this chapter to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Application- Section 404C (20 U.S.C. 1070a-23) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘eligible entity plans’ and inserting ‘applications’;CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Plan’ and inserting ‘Application’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘a plan’ and inserting ‘an application’; andCommentsClose CommentsPermalink





(ii) by striking the second sentence; andCommentsClose CommentsPermalink





(C) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(B) describe how the eligible agenc, in the case of an eligible entity described in section 404A(c)(2) that chooses to provide scholarships, or an eligible entity described in section 404A(c)(1), how the eligible entity will meet the requirements of section 404E;CommentsClose CommentsPermalink





‘(C) provide describe, in the case of an eligible entity described in section 404A(c)(2) that requests a reduced match percentage under subsection (b)(2), how such reduction will assist the entity to provide the scholarships described in subsection (b)(2)(A)(ii);CommentsClose CommentsPermalink





‘(D) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 404D;CommentsClose CommentsPermalink





‘(D) ensureE) provide assurances that activities assisted under this chapter will not displace an employee or eliminate a position at a school assisted under this chapter, including a partial displacement such as a reduction in hours, wages or employment benefits;‘(E, or employment benefits;CommentsClose CommentsPermalink





‘(F) describe, in the case of an eligible entity described in section 404A(c)(1) that chooses to use a cohort approach, or an eligible entity described in section 404A(c)(2), how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 404B(d), and how the eligible entity will serve the cohorts through grade 12, including--CommentsClose CommentsPermalink





‘(i) how vacancies in the program under this chapter will be filled; andCommentsClose CommentsPermalink





‘(ii) how the eligible entity will serve students attending different secondary schools;CommentsClose CommentsPermalink





‘(FG) describe how the eligible entity will coordinate programs under this chapter with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;CommentsClose CommentsPermalink





‘(GH) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this chapter;CommentsClose CommentsPermalink





and‘(H‘(I) provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit.’;(3) in the matter preceding; andCommentsClose CommentsPermalink





‘(J) describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).’;CommentsClose CommentsPermalink





(3) in subsection (b)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of subsection (b)(1)--(Aparagraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘a plan’ and inserting ‘an application’; andCommentsClose CommentsPermalink





(B) by striking ‘such plan’ and inserting ‘such application’; and(4) in subsection (c)(1),ii) by striking ‘such plan’ and inserting ‘such application’;CommentsClose CommentsPermalink





(B) in paragraph (1)(A), by inserting ‘and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period’ after ‘in cash or in-kind’; andCommentsClose CommentsPermalink





(C) in paragraph (2), by adding at the end the following new sentence: ‘The Secretary may approve an eligible entity’s request for a reduced match percentage--CommentsClose CommentsPermalink





‘(A) at the time of application--CommentsClose CommentsPermalink





‘(i) if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; orCommentsClose CommentsPermalink





‘(ii) if the eligible entity is described in section 404A(c)(2) and requests that contributions to the eligible entity’s scholarship fund established under section 404E be matched on a two to one basis; orCommentsClose CommentsPermalink





‘(B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.’; andCommentsClose CommentsPermalink





(4) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘paid to students from State, local, institutional, or private funds under this chapter’ and inserting ‘obligated to students from State, local, institutional, or private funds under this chapter, including pre-existing non-Federal financial assistance programs,’;(5) in subsection (c)(1), andCommentsClose CommentsPermalink





(ii) by striking the semicolon at the end and inserting ‘including--CommentsClose CommentsPermalink





‘(A) the amount contributed to a student scholarship fund established under section 404E; andCommentsClose CommentsPermalink





‘(B) the amount of the costs of administering the scholarship program under section 404E;’.(6) in subsection (c)--(A) in paragraph (2), by striking ‘and’ after the semicolon;(B;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(C) in paragraph (3), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(CD) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.’.CommentsClose CommentsPermalink





(d) Activities- Section 404D (20 U.S.C. 1070a-24) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 404D. ACTIVITIES.CommentsClose CommentsPermalink

‘(a) Required Activities- Each eligible entity receiving a grant under this chapter shall carry outprovide comprehensive mentoring, outreach, and supportive services to students participating in the programs under this chapter. Such activities shall include the following:CommentsClose CommentsPermalink





‘(1) Provideing information regarding financial aid for postsecondary education to participating students in the cohort described in subsection 404B(d)(1)(A) or to priority students described in subsection (d).CommentsClose CommentsPermalink





‘(2) Encourageing student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.CommentsClose CommentsPermalink





‘(3) Support activities designed to improve the number of participating students who--‘(A)Improving the number of participating students who--CommentsClose CommentsPermalink





‘(A) obtain a secondary school diploma; andCommentsClose CommentsPermalink





‘(B) complete applications for and enroll in a program of postsecondary education.CommentsClose CommentsPermalink





‘(4) In the case of an eligible entity described in section 404A(c)(1), provide for ing for the scholarships described in section 404E.CommentsClose CommentsPermalink





‘(b) OptionalPermissible Activities for States and Partnerships- An eligible entity that receives a grant under this chapter may use grant funds to carry out 1one or more of the following activities:CommentsClose CommentsPermalink





‘(1) Providing tutoring and supporting mentors, includings and mentors, who may include adults or former participants of a program under this chapter, for eligible students.CommentsClose CommentsPermalink





‘(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities.CommentsClose CommentsPermalink





‘(3) Providing supportive services to eligible students.CommentsClose CommentsPermalink





‘(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 academic courses that reflect challenging State academic standards.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) meeting challenging academic State academic standards;CommentsClose CommentsPermalink





‘(B) successfully applying for postsecondary education;CommentsClose CommentsPermalink





‘(C) successfully applying for student financial aid; andCommentsClose CommentsPermalink





‘(D) developing graduation and career plans.CommentsClose CommentsPermalink





‘(6) Providing special programs or tutoring in science, technology, engineering, or mathematics.CommentsClose CommentsPermalink





‘(7) In the case of an eligible entity described in section 404A(c)(2), providing support for scholarships described in section 404E.CommentsClose CommentsPermalink





‘(78) Introducing eligible students to institutions of higher education, through trips and school-based sessions.CommentsClose CommentsPermalink





‘(89) Providing an intensive extended school day, school year, or summer program that offers--CommentsClose CommentsPermalink





‘(A) additional academic classes; orCommentsClose CommentsPermalink





‘(B) assistance with college admission applications.CommentsClose CommentsPermalink





‘(910) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as--CommentsClose CommentsPermalink





‘(A) the identification of at-risk children;CommentsClose CommentsPermalink





‘(B) after-school and summer tutoring;CommentsClose CommentsPermalink





‘(C) assistance to at-risk children in obtaining summer jobs;CommentsClose CommentsPermalink





‘(D) academic counseling;CommentsClose CommentsPermalink





‘(E) financial literacy and economic literacy education or counseling;CommentsClose CommentsPermalink





‘(F) volunteer and parent involvement;CommentsClose CommentsPermalink





‘(FG) encouraging former or current participants of a program under this chapter to serve as peer counselors;CommentsClose CommentsPermalink





‘(G) skills assessments;‘(H) personal counseling;‘(I) family counselingH) skills assessments;CommentsClose CommentsPermalink





‘(I) personal and family counseling, and home visits;CommentsClose CommentsPermalink





‘(J) staff development; andCommentsClose CommentsPermalink





‘(K) programs and activities described in this subsection that are specially designed for students who are limited English proficient.CommentsClose CommentsPermalink





‘(101) Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college entrance examination preparation courses.CommentsClose CommentsPermalink





‘(11) 2) 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.CommentsClose CommentsPermalink





‘(123) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities.CommentsClose CommentsPermalink





‘(134) Disseminating information that promotes the importance of higher education, explains college preparation and admissions requirements, and raises awareness of the resources and services provided by the eligible entities to eligible students, their families, and communities.CommentsClose CommentsPermalink





‘(15) In the event that matching funds described in the application are no longer available, engaging entities described in section 404A(c)(2) in a collaborative manner to provide matching resources and participate in other activities authorized under this section.CommentsClose CommentsPermalink





‘(c) Additional OptionalPermissible Activities for States- In addition to the required activities described in subsection (a) and the optionalpermissible 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 1one or more of the following activities:CommentsClose CommentsPermalink





‘(1) Providing technical assistance to--CommentsClose CommentsPermalink





‘(A) middle schools or secondary schools that are located within the State; or‘(B) secondary schools that are located within the State; orCommentsClose CommentsPermalink





‘(B) partnerships described in section 404A(c)(2) that are located within the State.CommentsClose CommentsPermalink





‘(2) Providing professional development opportunities to individuals working with eligible cohorts of students described in section 404B(d)(1)(A).CommentsClose CommentsPermalink





‘(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 plansadministrative support to help build the capacity of eligible entities described in section 404A(c)(2) to compete for and manage grants awarded under this chapter.CommentsClose CommentsPermalink





‘(4) Providing strategies and activities that align efforts in the State to prepare eligible students to attend and succeed in postsecondary education, which may include the development of graduation and career plans.CommentsClose CommentsPermalink





‘(5) Disseminating information on the use of scientifically based research and best practices to improve services for eligible students.‘(5)(A) valid research and best practices to improve services for eligible students.CommentsClose CommentsPermalink





‘(6)(A) Disseminating information on effective coursework and support services that assist students in obtaining the goals described in subparagraph (B)(ii).CommentsClose CommentsPermalink





‘(B) Identifying and disseminating information on best practices with respect to--CommentsClose CommentsPermalink





‘(i) increasing parental involvement; andCommentsClose CommentsPermalink





‘(ii) preparing students, including students with disabilities and students who are limited English proficient, to succeed academically in, and prepare financially for, postsecondary education.CommentsClose CommentsPermalink





‘(67) Working to align State academic standards and curricula with the expectations of postsecondary institutions and employers.CommentsClose CommentsPermalink





‘(78) Developing alternatives to traditional secondary school that give students a head start on attaining a recognized postsecondary credential (including an industry-recognized certificate, an apprenticeship, or an associate’s or a bachelor’s degree), including school designs that give students early exposure to college-level courses and experiences and allow students to earn transferable college credits or an associate’s degree at the same time as a secondary school diploma.CommentsClose CommentsPermalink





‘(89) 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.CommentsClose CommentsPermalink





‘(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)a priority student any student in secondary school who is--CommentsClose CommentsPermalink





‘(1) eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965;CommentsClose CommentsPermalink





‘(2) for free or reduced price meals under the Richard B. Russell National School Lunch Act;‘(3)eligible for assistance under a State program funded under part A or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 670 et seq.);CommentsClose CommentsPermalink





or‘(4) for assistance under‘(3) eligible for assistance under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.); orCommentsClose CommentsPermalink





‘(4) otherwise considered by the eligible entity to be a disconnected student.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(e) Scholarship Component- Section 404E (20 U.S.C. 1070a-25) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (e) and (f);CommentsClose CommentsPermalink





(2) by redesignating subsections (b), (c), and (d) as subsections (d), (f), and (g), respectively;CommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(b) Limitation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), each eligible entity described in section 404A(c)(1) that receives a grant under this chapter shall use not less than 25 percent and not more than 50 percent of the grant funds for activities described in section 404D (except for the activity described in subsection (a)(4) of such section), with the remainder of such funds to be used for a scholarship program under this section in accordance with such subsection.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(4) in subsection (d) (as redesignated by paragraph (2)), by striking ‘the lesser of’ and all that follows through the period at the end of paragraph (2) of such subsection (d) and inserting ‘the minimum Federal Pell Grant award under section 401 for such award year.’;CommentsClose CommentsPermalink





(5) by inserting after subsection (d) (as redesignated by paragraph (2) and amended by paragraph (4)) the following:CommentsClose CommentsPermalink





‘(e) Portability of Assistance-CommentsClose CommentsPermalink





‘(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 hold in reserve, for the students served by such grant as described in section 404B(d)(1)(A) or 404D(d), an amount that is not less than the minimum scholarship amount described in subsection (d), multiplied by the number of students participating in the cohort.‘(2) the eligible entity estimates will meet the requirements of paragraph (2).CommentsClose CommentsPermalink





‘(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 schoolheld in reserve under paragraph (1) shall be made available to an eligible student when the eligible student has--CommentsClose CommentsPermalink





‘(A) completed a secondary school diploma, its recognized equivalent, or other recognizedanother recognized alternative standard for individuals with disabilities; andCommentsClose CommentsPermalink





‘(B) enrolled in an institution of higher education.CommentsClose CommentsPermalink





‘(3) QUALIFIED EDUCATIONAL EXPENSES- Funds available to an eligible student from a trustunder this subsection may be used for--CommentsClose CommentsPermalink





‘(A) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of the eligible student at an institution of higher education; andCommentsClose CommentsPermalink





‘(B) in the case of an eligible student with special needs, expenses for special needs services whichthat are incurred in connection with such enrollment or attendance.CommentsClose CommentsPermalink





‘(4) RETURN OF FUNDS-CommentsClose CommentsPermalink





‘(A) REDISTRIBUTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Trust funds that are not used by an eligible student within 6Funds held in reserve under paragraph (1) that are not used by an eligible student within six years of the student’s scheduled completion of secondary school may be redistributed by the eligible entity to other eligible students.CommentsClose CommentsPermalink





‘(ii) RETURN OF EXCESS TO THE SECRETARY- If, after meeting the requirements of paragraph (1) and, if applicable, redistributing excess funds in accordance with clause (i), an eligible entity has funds remaining of this subparagraph, an eligible entity has funds held in reserve under paragraph (1) that remain available, the eligible entity shall return excess funds to the Secretary for distribution to other such remaining reserved funds to the Secretary for distribution to other grantees under this chapter in accordance with the funding rules described in section 404B(a).CommentsClose CommentsPermalink





‘(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 6that does not receive assistance under this subpart for six fiscal years, the eligible entity shall return any trust funds not awarded orfunds held in reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution to other grantees under this chapter.’; andCommentsClose CommentsPermalink





(6) in subsection (g) (as redesignated by paragraph (2))--(A) in paragraph (2), by striking ‘1993’ and inserting ‘2001’; and(B) in paragraph (4(4) (as redesignated by paragraph (2)), by striking ‘early intervention component required under section 404D’ and inserting ‘activities required under section 404D(a)’.CommentsClose CommentsPermalink





(f) Repeal of 21st Century Scholar Certificates- Chapter 2 of subpart 2 of part A of title IVSection 404F (20 U.S.C. 1070a-21 et seq.) is further amended--(1) by striking section 404F; and(2) by redesignating sections 404G and 404H as sections 404F and 404G, respectively.(g6) is amended by striking subsections (a) and (b) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- An eligible entity that receives a grant under this chapter shall provide certificates, to be known as 21st Century Scholar Certificates, to all students served by the eligible entity who are participating in a program under this chapter.CommentsClose CommentsPermalink





‘(b) Information Required- A 21st Century Scholar Certificate shall be personalized for each student and indicate the amount of Federal financial aid for college and the estimated amount of any scholarship provided under section 404E, if applicable, that a student may be eligible to receive.’.CommentsClose CommentsPermalink





(g) Evaluation- Section 404G(c) (20 U.S.C. 1070a-27(c)) is amended by adding at the end the following: ‘Such evaluation shall include a separate analysis of--CommentsClose CommentsPermalink





‘(1) the implementation of the scholarship component described in section 404E; andCommentsClose CommentsPermalink





‘(2) the use of methods for complying with matching requirements described in paragraphs (1) and (2) of section 404C(c).’.CommentsClose CommentsPermalink





(h) Authorization of Appropriations- Section 404G (as redesignated by subsection (f))H (20 U.S.C. 1070a-28) is amended by striking ‘$200,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5$400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.CommentsClose CommentsPermalink

Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a-31 et seq.) is repealed.CommentsClose CommentsPermalink

SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.CommentsClose CommentsPermalink

(a) Appropriations Authorized- Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by striking ‘$675,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 59 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink





(b) Allocation of Funds-(1) ALLOCATION OF FUNDS- Section 413Dwance for Books and Supplies- Section 413D(c)(3)(D) (20 U.S.C. 1070b-3) is amended--(A) by striking subsection (a)(4); and(B) in subsection (c)(3)(D),(c)(3)(D)) is amended by striking ‘$450’ and inserting ‘$600’.CommentsClose CommentsPermalink





(2) TECHNICAL CORRECTIONc) Technical Correction- Section 413D(a)(1) (20 U.S.C. 1070b-3(a)(1)) is amended by striking ‘such institution’ and all that follows through the period and inserting ‘such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).’.CommentsClose CommentsPermalink

SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.CommentsClose CommentsPermalink

(a) Appropriations Authorizeduthorization of Appropriations- Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read as follows:‘(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) is amended by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to carry out this subpart $200,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(2) RESERVATION- For any fiscal year for which the amount appropriated under paragraph (1) exceeds $30,000,000, the excess amount shall be available to carry out section 415E.’.CommentsClose CommentsPermalink





(b) Applications- Section 415C(b) (20 U.S.C. 1070c-2(b)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding subparagraph (A) of paragraph (2), by strikingparagraph (2), by striking ‘not in excess of $5,000 per academic year’ and inserting ‘not to exceed the lesser of $12,500 or the student’s cost of attendance per academic year’; andCommentsClose CommentsPermalink





(2) by striking paragraph (10) and inserting the following:‘(10in paragraph (9), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(3) in paragraph (10)--CommentsClose CommentsPermalink





(A) by striking ‘a direct appropriation of’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(11) provides notification to eligible students that such grants are--CommentsClose CommentsPermalink





‘(A) Leveraging Educational Assistance Partnership gGrants; andCommentsClose CommentsPermalink





‘(B) funded by the Federal Government, the State, and, where applicable, other contributing partners.’.CommentsClose CommentsPermalink





(c) Grants for Access and Persistence- Section 415E (20 U.S.C. 1070c-3a) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.CommentsClose CommentsPermalink

‘(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--CommentsClose CommentsPermalink





‘(1) expand and enhance partnerships with institutions of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties, including community-based organizations, in order to--CommentsClose CommentsPermalink





‘(A) carry out activities under this section; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) provide need-based grants for access and persistence to eligible low-income students;CommentsClose CommentsPermalink





‘(3) provide early notification to low-income students of the students’ eligibility for financial aid; andCommentsClose CommentsPermalink





‘(4) encourage increased participation in early information and intervention, mentoring, or outreach programs.CommentsClose CommentsPermalink





‘(b) Allotments to States-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) DETERMINATION OF ALLOTMENT- In making allotments under subparagraph (A), the Secretary shall consider the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) PRIORITY- The Secretary shall give priority in making allotments to States that meet the requirements described in paragraph (2)(AB)(ii).CommentsClose CommentsPermalink





‘(2) FEDERAL SHARE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Federal share of the cost of carrying out the activities under subsection (d) for any fiscal year shall not exceed 66.66 percent.CommentsClose CommentsPermalink





‘(B) DIFFERENT PERCENTAGES- The Federal share under this section shall be determined in accordance with the following:CommentsClose CommentsPermalink





‘(i) IThe Federal share of the cost of carrying out the activities under subsection (d) shall be 57 percent if a State applies for an allotment under this section in partnership with--‘(I) any number of degree 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, and--CommentsClose CommentsPermalink





‘(I) philanthropic organizations that are located in, or that provide funding in, the State; orCommentsClose CommentsPermalink





‘(bbII) private corporations that are located in, or that do business in, the State,then t.CommentsClose CommentsPermalink





‘(ii) The Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 50 percent.‘(ii) I66.66 percent if a State applies for an allotment under this section in partnership with--‘(I) any number of degree 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, and--CommentsClose CommentsPermalink





‘(I) philanthropic organizations that are located in, or that provide funding in, the State; orCommentsClose CommentsPermalink





‘(bbII) 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.CommentsClose CommentsPermalink





‘(C) NON-FEDERAL SHARE-CommentsClose CommentsPermalink





‘(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 airly evaluated.CommentsClose CommentsPermalink





‘(ii) IN-KIND CONTRIBUTION- For the purpose of calculating the non-Federal share under this section, an in ubparagraph, an in-kind contribution is a non-cash award thatcontribution that--CommentsClose CommentsPermalink





‘(I) has monetary value, such as provision ofthe provision of--CommentsClose CommentsPermalink

‘(aa) room and board and; orCommentsClose CommentsPermalink

‘(bb) transportation passes, and that ; andCommentsClose CommentsPermalink

‘(II) helps a student meet thecost of attendance cost of attendance at an institution of higher education.CommentsClose CommentsPermalink





‘(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 of the student or the student’s parent.CommentsClose CommentsPermalink





‘(c) Application for Allotment-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) CONTENT- An application submitted under subparagraph (A) shall include the following:CommentsClose CommentsPermalink





‘(i) A description of the State’s plan for using the allotted funds.CommentsClose CommentsPermalink





‘(ii) Assurances that the State will provide the non-Federal sharen assurance that the State will provide matching funds, in cash or in kind, 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)33.33 percent of the cost of carrying out the activities under subsection (d). 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)matching funds will be paid. A State that uses non-Federal funds to create or expand existing partnerships with nonprofit organizations or community-based organizations in which such organizations partnerships with entities described in subsection (a)(1), in which such entities match State funds for student scholarships, may apply such matching funds from such organizationentities toward fulfilling the State’s non-Federal sharematching obligation under this clause.CommentsClose CommentsPermalink





‘(iii) Assurancesn assurance that the State will use funds provided under this section to supplement, and not supplant, Federal and State funds available for carrying out the activities under this title.CommentsClose CommentsPermalink





‘(iv) An assurance that early information and intervention, mentoring, or outreach programs exist within the State or that there is a plan to make such programs widely available.CommentsClose CommentsPermalink





‘(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 Statehow the State will compile information on degree completion of students receiving grants under this section.CommentsClose CommentsPermalink





‘(vi) A description of the steps the State will take to ensure that students who receive grants under this section persist to degree completion.CommentsClose CommentsPermalink





‘(vii) An assurance that the State has a method in place, such as acceptance of the automatic zero expected family contribution determination described in section 479(c), to identify eligible low-income students and award State grant aid to such students.CommentsClose CommentsPermalink





‘(vi) Assurances that the Stateii) An assurance that the State will provide notification to eligible low-income students that grants under this section are--CommentsClose CommentsPermalink





‘(I) Leveraging Educational Assistance Partnership Grants; andCommentsClose CommentsPermalink





‘(II) funded by the Federal Government, the State, and other and the State, and, where applicable, other contributing partners.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) PARTNERSHIP- In applying for an allotment under this section, the State agency shall apply for the allotment in partnership with--CommentsClose CommentsPermalink





‘(A) not less than 1 public and 1 private degree one public and one private degree-granting institution of higher education that are located in the State, if applicable;CommentsClose CommentsPermalink





‘(B) new or existing early information and intervention, mentoring, or outreach programs located in the State; andCommentsClose CommentsPermalink





‘(C) not less than 1one--CommentsClose CommentsPermalink





‘(i) philanthropic organization located in, or that provides funding in, the State; orCommentsClose CommentsPermalink





‘(ii) private corporation located in, or that does business in, the State.CommentsClose CommentsPermalink





‘(4) ROLES OF PARTNERS-CommentsClose CommentsPermalink





‘(A) STATE AGENCY- A State agency that is in a partnership receiving an allotment under this section--CommentsClose CommentsPermalink





‘(i) shall--CommentsClose CommentsPermalink





‘(I) serve as the primary administrative unit for the partnership;CommentsClose CommentsPermalink





‘(II) provide or coordinate non-Federal share funds, and coordinate activities among partners;CommentsClose CommentsPermalink





‘(III) encourage each institution of higher education in the State to participate in the partnership;CommentsClose CommentsPermalink





‘(IV) make determinations and early notifications of assistance as described under subsection (d)(2); andCommentsClose CommentsPermalink





‘(V) annually report to the Secretary on the partnership’s progress in meeting the purpose of this section; andCommentsClose CommentsPermalink





‘(ii) may provide early information and intervention, mentoring, or outreach programs.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) shall--CommentsClose CommentsPermalink





‘(I) recruit and admit participating qualified students and provide such additional institutional grant aid to participating students as agreed to with the State agency;CommentsClose CommentsPermalink





‘(II) provide support services to students who receive grants for access and persistence under this section and are enrolled at such institution; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) may provide funding for early information and intervention, mentoring, or outreach programs or provide such services directly.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Authorized Activities-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT OF PARTNERSHIP- Each State receiving an allotment under this section shall use the funds to establish a partnership to award grants for access and persistence to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses.CommentsClose CommentsPermalink





‘(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 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 by a State to a student under this section shall be not less than--CommentsClose CommentsPermalink





‘(i) the average undergraduate tuition and mandatory 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 Statethe public institutions of higher education in the State where the student resides that are of the same type of institution as the institution of higher education the student attends; minusCommentsClose CommentsPermalink





‘(ii) other Federal and State aid the student receives.CommentsClose CommentsPermalink





‘(C) SPECIAL RULES-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) OUT-OF-STATE INSTITUTIONS- If a State provides grants through another program under this subpart to students attending institutions of higher education located in another State, grants awarded under this section may be used at institutions of higher education located in another State, such agreement may also apply to grants awarded under this section.CommentsClose CommentsPermalink





‘(2) EARLY NOTIFICATION-CommentsClose CommentsPermalink





‘(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’ in grades seven through 12 in the State, and their families, of their potential eligibility for student financial assistance, including a grant for access and persistencen access and persistence grant, to attend an institution of higher education.CommentsClose CommentsPermalink





‘(B) CONTENT OF NOTICE- The notificationce under subparagraph (A)--CommentsClose CommentsPermalink





‘(i) shall include--CommentsClose CommentsPermalink





‘(I) information about early information and intervention, mentoring, or outreach programs available to the student;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(V) an explanation that in order to be eligible for a grant for access and persistence, at a minimum, a student shall--CommentsClose CommentsPermalink

‘(aa) meet the requirement under paragraph (3);CommentsClose CommentsPermalink

‘(bb) graduate from secondary school; andCommentsClose CommentsPermalink

‘(cc) enroll at an institution of higher education that is a partner in the partnership or qualifies--CommentsClose CommentsPermalink

‘(AA) that is a partner in the partnership; orCommentsClose CommentsPermalink

‘(BB) with respect to which attendance is permitted under subsection (d)(1)(C)(ii);CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) may include a disclaimer that grant awards for access and persistence are contingent upon--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(II) annual Federal and State appropriationsspending for higher education; andCommentsClose CommentsPermalink





‘(III) other aid received by the student at the time of the student’s enrollment at such institution of higher education.CommentsClose CommentsPermalink





‘(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 complies with the following subparagraph (A) or (B):CommentsClose CommentsPermalink





‘(A) Meets not less than two of the following criteria, with priority given to students meeting all of the following criteria:CommentsClose CommentsPermalink





‘(i) Has an expected family contribution equal to zero (as described in section 479), as determined under part F, or a comparable alternative based upon the State’s approved criteria in section 415C(b)(4).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(ivii) 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.CommentsClose CommentsPermalink





‘(B) Is receiving, or has received, a grant for access and persistence under this section, in accordance with paragraph (5).CommentsClose CommentsPermalink





‘(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 paragraphState form, and is determined eligible by the State under paragraph (3), the State shall--CommentsClose CommentsPermalink





‘(A) issue the student a preliminary award certificate for a grant for access and persistence with tentativeestimated award amounts; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) DURATION OF AWARD- An eligible student thatwho 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.CommentsClose CommentsPermalink





‘(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 Allowance- A State that receives an allotment under this section may reserve not more than two percent of the funds made available annually through the allotment for State administrative costs associated with any of the authorized activities described in subsection (d).‘(f)functions required to carry out this section.CommentsClose CommentsPermalink





‘(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)(AB)(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.CommentsClose CommentsPermalink





‘(g) Applicability Rule- The provisions of this subpart whichthat are not inconsistent with this section shall apply to the program authorized by this section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(j) Continuation and Transition- For the 2two-year period that begins on the date of enactment of the Higher Education Amendments of 2007Opportunity Act, the Secretary shall continue to award grants under section 415E of the Higher Education Act of 1965 as such section existed on the day before the date of enactment of such Act to States thatthe Higher Education Opportunity Act to States that choose to apply for grants under such predecessor section.CommentsClose CommentsPermalink





‘(k) Reports- Not later than 3three years after the date of enactment of the Higher Education Amendments of 2007 and annually Opportunity Act and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.’.CommentsClose CommentsPermalink

SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK.CommentsClose CommentsPermalink

Section 418A (20 U.S.C. 1070d-2) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)(B)(i), by striking ‘parents’ and inserting ‘immediate family’;CommentsClose CommentsPermalink





(B) in paragraph (3)(B), by inserting ‘(including preparation for college entrance examinations)’ after ‘college program’;CommentsClose CommentsPermalink





(C) in paragraph (5), by striking ‘weekly’;CommentsClose CommentsPermalink





(D) in paragraph (7), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(E) in paragraph (8)--CommentsClose CommentsPermalink





(i) by inserting ‘(such as transportation and child care)’ after ‘services’; andCommentsClose CommentsPermalink





(ii) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) other activities to improve persistence and retention in postsecondary education.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A),--CommentsClose CommentsPermalink





(I) by striking ‘parents’ and inserting ‘immediate family’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--(I) in the matter precedingII) by striking ‘(or such part’s predecessor authority)’;CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by inserting ‘to improve placement, persistence, and retention in postsecondary education,’ after ‘services’; andCommentsClose CommentsPermalink





(II) in clause (i), by striking ‘and career’ and inserting ‘career, and economic education or personal finance’;CommentsClose CommentsPermalink





(iii) in subparagraph (E), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iv) by redesignating subparagraph (F) as subparagraph (G);CommentsClose CommentsPermalink





(v) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) internships; and’; andCommentsClose CommentsPermalink





(vi) in subparagraph (G) (as redesignated by clause (iv)), by striking ‘support services’ and inserting ‘essential supportive services (such as transportation and child care)’ ; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘, and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, and aid provided by community-based organizations, which may include mentoring and guidance; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) for students attending 2two-year institutions of higher education, encouraging the students to transfer to 4four-year institutions of higher education, where appropriate, and monitoring the rate of transfer of such students.’;CommentsClose CommentsPermalink





(3) in subsection (e), by striking ‘section 402A(c)(1)’ and inserting ‘section 402A(c)(2)’;CommentsClose CommentsPermalink





(4) in subsection (f)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘$150,000’ and inserting ‘$180,000’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘$150,000’ and inserting ‘$180,000’;CommentsClose CommentsPermalink





(5) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively;CommentsClose CommentsPermalink





(6) by inserting after subsection (f) the following:CommentsClose CommentsPermalink





‘(g) Reservation and Allocation of Funds- From the amounts made available under subsection (i), the Secretary--CommentsClose CommentsPermalink





‘(1) may reserve not more than a total of 1/2 of 1 percent for outreach one percent for outreach activities, technical assistance, and professional development programs relating to the programs under subsection (a);CommentsClose CommentsPermalink





‘(2) for any fiscal year for which the amount appropriated to carry out this section is equal to or greater than $40,000,000, shall, in awarding grants from the remainder of such amounts--CommentsClose CommentsPermalink





‘(A) make available not less than 45 percent of such remainder for the high school equivalency programs and not less than 45 percent of such remainder for the college assistance migrant programs;CommentsClose CommentsPermalink





‘(B) award the rest of such remainder for high school equivalency programs or college assistance migrant programs based on the number, quality, and promise of the applications; andCommentsClose CommentsPermalink





‘(C) consider the need to provide an equitable geographic distribution of such grants; andCommentsClose CommentsPermalink





‘(3) for any fiscal year for which the amount appropriated to carry out this section is less than $40,000,000, shall, in awarding grants from the remainder of such amounts make available the same percentage of funds to the high school equivalency program and to the college assistance migrant program as was made available for each such program for the fiscal year preceding the fiscal year for which the grant was made.’;CommentsClose CommentsPermalink





(7) by striking subsection (h) (as redesignated by paragraph (5)) and inserting the following:CommentsClose CommentsPermalink





‘(h) Data Collection- The Commissioner for Education StatisticsSecretary shall--CommentsClose CommentsPermalink





‘(1) annually collect data on persons receiving services authorized under this subpart regarding such persons’ rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education, as applicable;CommentsClose CommentsPermalink





‘(2) not less often than once every 2two years, prepare and submit a report based on the most recently available data under paragraph (1) to the authorizing committeesto the authorizing committees a report based on the most recently available data under paragraph (1); andCommentsClose CommentsPermalink





‘(3) make such report available to the public.’; andCommentsClose CommentsPermalink





(8) inby striking subsection (i) (as redesignated by paragraph (5))--(A) in paragraph (1), by striking ‘$15,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.’; and(B) in paragraph (2), by striking ‘$5,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 and inserting the following:CommentsClose CommentsPermalink





‘(i) Authorization of Appropriations- For the purpose of making grants and contracts under this section, there are authorized to be appropriated $75,000,000 for fiscal year 2009 and such sums as may be necessary for the each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.CommentsClose CommentsPermalink

(a) Eligibility of Scholars- Section 419F(a) (20 U.S.C. 1070d-36(a)) is amended by inserting ‘(or a home school, whether treated as a home school or a private school under State law)’ after ‘public or private secondary school’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 419K (20 U.S.C. 1070d-41) is amended by striking ‘$45,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 59 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.CommentsClose CommentsPermalink

(a) Minimum Grant- Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘A grant’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), a grant’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Eligible Institutions- Section 419N(b)(4) (20 U.S.C. 1070e(b)(4)) is amended by inserting ‘, except that for any fiscal year for which the amount appropriated to carry out this section is equal to or greater than $20,000,000, this sentence shall be applied by substituting ‘$250,000’ for ‘$350,000’ before the period.CommentsClose CommentsPermalink





(c) Definition of Low-Income Student- Paragraph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:CommentsClose CommentsPermalink





‘(7) DEFINITION OF LOW-INCOME STUDENT- For the purpose of this section, the term ‘low-income student’ means a student who--‘(A)--CommentsClose CommentsPermalink





‘(A) who is eligible to receive a Federal Pell Grant for the award year for which the determination is made; orCommentsClose CommentsPermalink





‘(B) who would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the requirements of--CommentsClose CommentsPermalink





‘(i) section 401(c)(1) because the student is enrolled in a graduate or first professional course of study; orCommentsClose CommentsPermalink





‘(ii) section 484(a)(5) because the student is in the United States for a temporary purpose.’.CommentsClose CommentsPermalink





(cd) Publicity- Section 419N(b) (20 U.S.C. 1070e(b)) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) PUBLICITY- The Secretary shall publicize the availability of grants under this section in appropriate periodicals, in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.’.CommentsClose CommentsPermalink





(e) Reporting Requirements- Section 419N(e) (20 U.S.C. 1070e(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(A), by striking ‘18 months,’ and all that follows through the end and inserting ‘annually.’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘the third annual grant payment’ and inserting ‘continuation awards’; andCommentsClose CommentsPermalink





(B) by striking ‘the 18-month report’ and inserting ‘the reports’.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- Section 419N(g) (20 U.S.C. 1070e(g)) is amended by striking ‘$45,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 59 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.CommentsClose CommentsPermalink

Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed.CommentsClose CommentsPermalink

PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM

SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL INSURANCE.CommentsClose CommentsPermalink

SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.CommentsClose CommentsPermalink

Section 428 (as amended by this Act (a) Definitions- CommentsClose CommentsPermalink





(1) AMENDMENTS- Subparagraph (C) of section 428(a)(2) (20 U.S.C. 1078) is further amended--(1) in subsection (b)--(A) in paragraph (1)--(i) in subparagraph (X), by striking ‘and’ after(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(C) For the purpose of this paragraph--CommentsClose CommentsPermalink





‘(i) a student’s cost of attendance shall be determined under section 472;CommentsClose CommentsPermalink





‘(ii) a student’s estimated financial assistance means, for the period for which the loan is sought--CommentsClose CommentsPermalink





‘(I) the amount of assistance such student will receive under subpart 1 of part A (as determined in accordance with section 484(b)), subpart 3 of part A, and parts C and E; plusCommentsClose CommentsPermalink





‘(II) other scholarship, grant, or loan assistance, but excluding--CommentsClose CommentsPermalink





‘(aa) any national service education award or post-service benefit under title I of the National and Community Service Act of 1990; andCommentsClose CommentsPermalink





‘(bb) any veterans’ education benefits as defined in section 480(c); andCommentsClose CommentsPermalink





‘(iii) the semicolon;(ii) in subparagraph (Y)--(Idetermination of need and of the amount of a loan by an eligible institution under subparagraph (B) with respect to a student shall be calculated in accordance with part F.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on July 1, 2010.CommentsClose CommentsPermalink





(b) Duration of Authority To Make Interest Subsidized Loans- Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘2012’ and inserting ‘2014’; andCommentsClose CommentsPermalink





(2) by striking ‘2016’ and inserting ‘2018’.CommentsClose CommentsPermalink





(c) Insurance Program Agreements-CommentsClose CommentsPermalink





(1) DEFERMENT INFORMATION REQUIREMENTS- Section 428(b)(1)(Y) (20 U.S.C. 1078(b)(1)(Y)) is amended--CommentsClose CommentsPermalink





(A) by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(i) the lender shall determine the eligibility of a borrower for a deferment described in subparagraph (M)(i) based on--CommentsClose CommentsPermalink





‘(I) receipt of a request for deferment from the borrower and documentation of the borrower’s eligibility for the deferment;CommentsClose CommentsPermalink





‘(II) receipt of a newly completed loan application that documents the borrower’s eligibility for a deferment;CommentsClose CommentsPermalink





‘(III) receipt of student status information received by the lenderdocumenting that the borrower is enrolled on at least a half-time basis; orCommentsClose CommentsPermalink





‘(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.’; and(II) in clause ;’;CommentsClose CommentsPermalink





(B) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:‘(Z) provides thatC) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 428H and is eligible for a deferment under section 428(b)(1)(M), provide information to the borrower to enable the borrower to understand the impact ofubparagraph (M) of this paragraph, provide information to the borrower to assist the borrower in understanding the impact of the capitalization of interest on the borrower’s loan principal and total amount of interest to be on the total amount of interest to be paid during the life of the loan.’;(B) in paragraph (2)(F)--(i) in clause (i)--(I.CommentsClose CommentsPermalink





(2) TRANSFER INFORMATION REQUIREMENTS- Section 428(b)(2)(F)(i) (20 U.S.C. 1078(b)(2)(F)(i)) is amended--CommentsClose CommentsPermalink





(A) in subclause (III), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(IIB) in subclause (IV), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(III) by adding at the end the following:‘(V) the effective date of the transfer;‘(VI) the date the current servicerC) by adding at the end the following:CommentsClose CommentsPermalink





‘(V) the effective date of the transfer;CommentsClose CommentsPermalink





‘(VI) the date on which the current servicer (as of the date of the notice) will stop accepting payments; andCommentsClose CommentsPermalink





‘(VII) the date aton which the new servicer will begin accepting payments.’; and(C) by striking paragraph (3) and inserting the following; and’.CommentsClose CommentsPermalink





(d) Restrictions on Inducements, Payments, Mailings, and Advertising- Paragraph (3) of section 428(b) (20 U.S.C. 1078(b)(3)) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND ADVERTISING- A guaranty agency shall not--CommentsClose CommentsPermalink





‘(A) offer, directly or indirectly, premiums, payments, stock or other securities, prizes, travel, entertainment expenses, tuition repaypayment or reimbursement, or other inducements to--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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 of28(j)), for the purpose of securing the designation of the guaranty agency as the insurer of such loans;CommentsClose CommentsPermalink





‘(B) conduct unsolicited mailings, by postal or electronic means, of educational loan application forms to students enrolled in secondary schoolstudent loan application forms to students enrolled in secondary schools or postsecondary educational institutions, or to the parentfamilies 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;CommentsClose CommentsPermalink





‘(C) perform, for an institution of higher education participating in a program under this title, any function that thesuch institution is required to perform under part B, D, or G;‘(D) pay, on behalf of thethis title, except that the guaranty agency may perform functions on behalf of such institution in accordance with section 485(b);CommentsClose CommentsPermalink





‘(D) pay, 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 Gsuch institution is required to perform under this title, except that the guaranty agency may perform functions on behalf of such institution in accordance with section 485(b); orCommentsClose CommentsPermalink





‘(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.CommentsClose CommentsPermalink





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.’; and(2) in subsection (c).CommentsClose CommentsPermalink





(e) Information Regarding Income-Based Repayment Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428(b)(9)(A) (20 U.S.C. 1078(b)(9)(A)) is amended--CommentsClose CommentsPermalink





(A) in clause (iii), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in clause (iv), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(v) beginning July 1, 2009, an income-based repayment plan that enables a borrower who has a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the plan described in this clause shall not be available to a borrower for a loan under section 428B made on behalf of a dependent student or for a consolidation loan under section 428C, if the proceeds of such loan were used to discharge the liability of a loan under section 428B made on behalf of a dependent student.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 428(b)(1)(L)(i) (20 U.S.C. 1078(b)(1)(L)(i)) is amended by striking ‘clause (ii) or (iii)’ and inserting ‘clause (ii), (iii), or (v)’.CommentsClose CommentsPermalink





(f) Forbearance Information Requirements in Guaranty Agreements- Section 428(c) (20 U.S.C. 1078(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(H)(i), by striking ‘preclaims’ and inserting ‘default aversion’; andCommentsClose CommentsPermalink





(B2) in paragraph (3)(D)--(iC)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘and’ after the comma at the end;(ii) in clause (ii), by striking the period and inserting a semicolon; and(iiisemicolon;CommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(C) by inserting after clause (ii) the following:CommentsClose CommentsPermalink





‘(iii) the lender shall, at the time of granting a borrower forbearance, provide information to the borrower to enable the borrower to understandassist the borrower in understanding the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(II) the fact that interest will accrue on the loan for the period of forbearance;CommentsClose CommentsPermalink





‘(III) the amount of interest that will be capitalized, and the date on which capitalization will occur;CommentsClose CommentsPermalink





‘(IV) the ability of the borrower to pay the interest that has option of the borrower to pay the interest that has accrued before the interest is capitalized; andCommentsClose CommentsPermalink





‘(V) the borrower’s option to discontinue the forbearance at any time; and’.CommentsClose CommentsPermalink





(g) Applicability of Usury Laws-CommentsClose CommentsPermalink





(1) AMENDMENT- Section 428(d) (20 U.S.C. 1078(d)) is amended by inserting ‘and section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527)’ after ‘this Act’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 438 (20 U.S.C. 1087-1) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Special Rule- With respect to any loan made under this part for which the interest rate is determined under the Servicemembers Civil Relief Act (50 U.S.C. App. 527), the applicable interest rate to be subtracted in calculating the special allowance for such loan under this section shall be the interest rate determined under that Act for such loan.’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATES- The amendment made by paragraph (1) shall take effect on the date of enactment of this Act, and the amendment made by paragraph (2) shall take effect for loans for which the first disbursement is made on or after July 1, 2008.CommentsClose CommentsPermalink





(h) Repeal of Duplicative Notice Requirement- Subsection (e) of section 428 (20 U.S.C. 1078(e)) is repealed.CommentsClose CommentsPermalink





(i) Information on Defaults- Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) PROVISION OF INFORMATION TO BORROWERS IN DEFAULT- Each guaranty agency that has received a default claim from a lender regarding a borrower, shall provide the borrower in default, on not less than two separate occasions, with a notice, in simple and understandable terms, of not less than the following information:CommentsClose CommentsPermalink





‘(A) The options available to the borrower to remove the borrower’s loan from default.CommentsClose CommentsPermalink





‘(B) The relevant fees and conditions associated with each option.’.CommentsClose CommentsPermalink





(j) Authority to Require Income-Based Repayment- Section 428(m) (20 U.S.C. 1078(m)) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by inserting ‘and Income-Based’ after ‘Income Contingent’;CommentsClose CommentsPermalink





(2) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting ‘or income-based repayment plan’ before ‘, the terms and conditions’; andCommentsClose CommentsPermalink





(B) by inserting ‘or an income-based repayment plan under section 493C, as the case may be’ before the period at the end; andCommentsClose CommentsPermalink





(3) in the paragraph heading of paragraph (2), by inserting ‘OR INCOME-BASED’ after ‘INCOME CONTINGENT’.CommentsClose CommentsPermalink

SEC. 4223. VOLUNTARY FLEXIBLE AGREEMENTS.CommentsClose CommentsPermalink

SEC. 425. FEDERAL CONSOLIDATION LOANS.CommentsClose CommentsPermalink

(a) AmendmentsEligible Borrower- Section 428C(a)(3)(B)(i)(V) (20 U.S.C. 1078-3(a)(3)(B)(i)(V)) is amended--CommentsClose CommentsPermalink





(1) in item (aa), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(2) in item (bb), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(cc) for the purpose of using the no accrual of interest for active duty service members benefit offered under section 455(o).’.CommentsClose CommentsPermalink





(b) Consolidation Loan Lender Agreements-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--CommentsClose CommentsPermalink





(1A) in subparagraph (E), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2B) by redesignating subparagraph (F) as subparagraph (H); and(3G); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(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;‘(ishall disclose to a prospective borrower, in simple and understandable terms, at the time the lender provides an application for a consolidation loan--CommentsClose CommentsPermalink





‘(i) whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment;CommentsClose CommentsPermalink





‘(iii) in the case of a borrower that plans to include a Federal) with respect to Federal Perkins Loans under part E--CommentsClose CommentsPermalink





‘(I) that if a borrower includes 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 asthe Federal Perkins Loan, such as--CommentsClose CommentsPermalink

‘(aa) the periods during which no interest accrues on the Federal Perkins Lsuch loan while the borrower is enrolled in school at least half-time, the grace period, and;CommentsClose CommentsPermalink

‘(bb) the grace period under section 464(c)(1)(A); andCommentsClose CommentsPermalink

‘(cc) the periods during which the borrower’s student loan repayments are deferred under section 464(c)(2);CommentsClose CommentsPermalink

and‘(II) the borrower will‘(II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower will no longer be eligible for cancellation of part or all of a Federal Perkins loan under section 465(a);‘(iv) the ability of the borrower to the Federal Perkins Loan under section 465(a); andCommentsClose CommentsPermalink





‘(III) the occupations listed in section 465 that qualify for Federal Perkins Loan cancellation under section 465(a);CommentsClose CommentsPermalink





‘(iii) the repayment plans that are available to the borrower;CommentsClose CommentsPermalink





‘(iv) the options of the borrower to prepay the consolidation loan, to pay such loan on a shorter schedule, and to change repayment plans;CommentsClose CommentsPermalink





‘(v) that borrower benefit programs for a consolidation loan may vary among different lenders;CommentsClose CommentsPermalink





‘(vi) the consequences of default on the consolidation loan; andCommentsClose CommentsPermalink





‘(vii) that by applying for a consolidation loan, the borrower is not obligated to agree to take the consolidation loan; and’.CommentsClose CommentsPermalink





(b) Conforming Amendment2) CONSOLIDATION LOANS- Section 428C(b)(5) (20 U.S.C. 1078-3(b)(5)) is amended--CommentsClose CommentsPermalink





(A) by inserting after the first sentence the following: ‘In addition, in the event that a borrower chooses to obtain a consolidation loan for the purposes of using the no accrual of interest for active duty service members program offered under section 455(o), the Secretary shall offer a Federal Direct Consolidation loan to any such borrower who applies for participation in such program.’; andCommentsClose CommentsPermalink





(B) by striking ‘Such direct consolidation loan’ and inserting ‘A direct consolidation loan offered under this paragraph’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT- Section 455(g) (20 U.S.C. 1087e(g)) is amended by striking ‘428C(b)(1)(F)’ and inserting ‘428C(b)(1)(H)section 428C(b)(1)(F)’ and inserting ‘section 428C(b)(1)(G)’.CommentsClose CommentsPermalink





(c) Technical Amendment- Section 203(b)(2)(C) of the College Cost Reduction and Access Act (121 Stat. 794) is amended by striking ‘the second sentence’ and inserting ‘the third sentence’.CommentsClose CommentsPermalink





(d) Income-Based Repayment-CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 428C(c) (20 U.S.C. 1078-3(c)) is amended--CommentsClose CommentsPermalink





(A) in the matter preceding clause (i) of paragraph (2)(A)--CommentsClose CommentsPermalink





(i) by striking ‘or income-sensitive’ and inserting ‘income-sensitive, or income-based’; andCommentsClose CommentsPermalink





(ii) by inserting ‘or income-based’ after ‘such income-sensitive’; andCommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by inserting ‘except in the case of an income-based repayment schedule under section 493C’, before ‘a repayment’; andCommentsClose CommentsPermalink





(II) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) an income-based repayment schedule under section 493C shall not be available to a consolidation loan borrower who used the proceeds of the loan to discharge the liability on a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by this subsection shall take effect on July 1, 2009.CommentsClose CommentsPermalink





(e) Extension of Consolidation Loan Authority- Section 428C(e) (20 U.S.C. 1078-3(e)) is amended by striking ‘2012’ and inserting ‘2014’.CommentsClose CommentsPermalink

SEC. 4236. DEFAULT REDUCTION PROGRAM.CommentsClose CommentsPermalink

Section 428F (20 U.S.C. 1078-6) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by adding at the end the following: ‘Upon the sale of the loan to an eligible lender, the guaranty agency, and any prior holder of the loan, or other holder of the loan shall request any consumer reporting agency to which the guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of default from the borrower’s credit history.’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) LIMITATION- A borrower may obtain the benefits available under this subsection with respect to rehabilitating a loan only one time per loan.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Financial and Economic Literacy- Where appropriate as determined by the institution of higher education in which a borrower is enrolled, eEach program described in subsection (b) shall include making available financial and economic education materials for a borrower who has rehabilitated a loan.’.CommentsClose CommentsPermalink

‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.CommentsClose CommentsPermalink

‘(a) Program Authorized-CommentsClose CommentsPermalink





‘(1) LOAN FORGIVENESS AUTHORIZED- The Secretary shall forgive, in accordance with this section, the qualified loan amount described in subsection (c) of the student loan obligation of a borrower who--CommentsClose CommentsPermalink





‘(A) is employed full-time in an area of national need, as described in subsection (b); andCommentsClose CommentsPermalink





‘(B) is not in default on a loan for which the borrower seeks forgiveness.CommentsClose CommentsPermalink





‘(2) METHOD OF LOAN FORGIVENESS- To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program--CommentsClose CommentsPermalink





‘(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a))); andCommentsClose CommentsPermalink





‘(B) to cancel a qualified loan amount for a loan made under part D of this title (other than an excepted PLUS loan or an excepted consolidation loan).CommentsClose CommentsPermalink





‘(3) REGULATIONS- The Secretary is authorized to issue such regulations as may be necessary to carry out this section.CommentsClose CommentsPermalink





‘(b) Areas of National Need- For purposes of this section, an individual is employed in an area of national need if the individual meets the requirements of one of the following:CommentsClose CommentsPermalink





‘(1) EARLY CHILDHOOD EDUCATORS- The individual is employed full-time as an early childhood educator.CommentsClose CommentsPermalink





‘(2) NURSES- The individual is employed full-time--CommentsClose CommentsPermalink





‘(A) as a nurse in a clinical setting; orCommentsClose CommentsPermalink





‘(B) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).CommentsClose CommentsPermalink





‘(3) FOREIGN LANGUAGE SPECIALISTS- The individual--CommentsClose CommentsPermalink





‘(A) has obtained a baccalaureate or advanced degree in a critical foreign language; andCommentsClose CommentsPermalink





‘(B) is employed full-time--CommentsClose CommentsPermalink





‘(i) in an elementary school or secondary school as a teacher of a critical foreign language;CommentsClose CommentsPermalink





‘(ii) in an agency of the United States Government in a position that regularly requires the use of such critical foreign language; orCommentsClose CommentsPermalink





‘(iii) in an institution of higher education as a faculty member or instructor teaching a critical foreign language.CommentsClose CommentsPermalink





‘(4) LIBRARIANS- The individual is employed full-time as a librarian in--CommentsClose CommentsPermalink





‘(A) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; orCommentsClose CommentsPermalink





‘(B) a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.CommentsClose CommentsPermalink





‘(5) HIGHLY QUALIFIED TEACHERS SERVING STUDENTS WHO ARE LIMITED ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, AND UNDERREPRESENTED POPULATIONS- The individual--CommentsClose CommentsPermalink





‘(A) is highly qualified, as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965; andCommentsClose CommentsPermalink





‘(B) is employed full-time--CommentsClose CommentsPermalink





‘(i) as a teacher educating students who are limited English proficient;CommentsClose CommentsPermalink





‘(ii) as a teacher in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school;CommentsClose CommentsPermalink





‘(iii) as a teacher and is an individual from an underrepresented population in the teaching profession, as determined by the Secretary; orCommentsClose CommentsPermalink





‘(iv) as a teacher in an educational service agency, as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





‘(6) CHILD WELFARE WORKERS- The individual--CommentsClose CommentsPermalink





‘(A) has obtained a degree in social work or a related field with a focus on serving children and economic education materials for the borrower, including making the materials available before, during, or after rehabilitation of a loafamilies; andCommentsClose CommentsPermalink





‘(B) is employed full-time in public or private child welfare services.CommentsClose CommentsPermalink





‘(7) SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS- The individual--CommentsClose CommentsPermalink





‘(A) is employed full-time as a speech-language pathologist or audiologist in an eligible preschool program or a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; andCommentsClose CommentsPermalink





‘(B) has, at a minimum, a graduate degree in speech-language pathology, audiology, or communication sciences and disorders.CommentsClose CommentsPermalink





‘(8) SCHOOL COUNSELORS- The individual is employed full-time as a school counselor (as such term is defined in section 5421(e) of the Elementary and Secondary Education Act of 1965), in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.CommentsClose CommentsPermalink





‘(9) PUBLIC SECTOR EMPLOYEES- The individual is employed full-time in--CommentsClose CommentsPermalink





‘(A) public safety (including as a first responder, firefighter, police officer, or other law enforcement or public safety officer);CommentsClose CommentsPermalink





‘(B) emergency management (including as an emergency medical technician);CommentsClose CommentsPermalink





‘(C) public health (including full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics); orCommentsClose CommentsPermalink





‘(D) public interest legal services (including prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization).CommentsClose CommentsPermalink





‘(10) NUTRITION PROFESSIONALS- The individual--CommentsClose CommentsPermalink





‘(A) is a licensed, certified, or registered dietician who has completed a degree in a relevant field; andCommentsClose CommentsPermalink





‘(B) is employed full-time as a dietician with an agency of the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).CommentsClose CommentsPermalink





‘(11) MEDICAL SPECIALISTS- The individual--CommentsClose CommentsPermalink





‘(A) has received a degree from a medical school at an institution of higher education; andCommentsClose CommentsPermalink





‘(B) has been accepted to, or currently participates in, a full-time graduate medical education training program or fellowship (or both) to provide health care services (as recognized by the Accreditation Council for Graduate Medical Education) that--CommentsClose CommentsPermalink





‘(i) requires more than five years of total graduate medical training; andCommentsClose CommentsPermalink





‘(ii) has fewer United States medical school graduate applicants than the total number of positions available in such program or fellowship.CommentsClose CommentsPermalink





‘(12) MENTAL HEALTH PROFESSIONALS- The individual--CommentsClose CommentsPermalink





‘(A) has not less than a master’s degree in social work, psychology, or psychiatry; andCommentsClose CommentsPermalink





‘(B) is employed full-time providing mental health services to children, adolescents, or veterans.CommentsClose CommentsPermalink





‘(13) DENTISTS- The individual--CommentsClose CommentsPermalink





‘(A)(i) has received a degree from an accredited dental school (as accredited by the Commission on Dental Accreditation);CommentsClose CommentsPermalink





‘(ii) has completed residency training in pediatric dentistry, general dentistry, or dental public health; andCommentsClose CommentsPermalink





‘(iii) is employed full-time as a dentist; orCommentsClose CommentsPermalink





‘(B) is employed full-time as a member of the faculty at a program or school accredited by the Commission on Dental Accreditation.CommentsClose CommentsPermalink





‘(14) STEM EMPLOYEES- The individual is employed full-time in applied sciences, technology, engineering, or mathematics.CommentsClose CommentsPermalink





‘(15) PHYSICAL THERAPISTS- The individual--CommentsClose CommentsPermalink





‘(A) is a physical therapist; andCommentsClose CommentsPermalink





‘(B) is employed full-time providing physical therapy services to children, adolescents, or veterans.CommentsClose CommentsPermalink





‘(16) SUPERINTENDENTS, PRINCIPALS, AND OTHER ADMINISTRATORS- The individual is employed full-time as a school superintendent, principal, or other administrator in a local educational agency, including in an educational service agency, in which 30 percent or more of the schools are schools that qualify under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.CommentsClose CommentsPermalink





‘(17) OCCUPATIONAL THERAPISTS- The individual is an occupational therapist and is employed full-time providing occupational therapy services to children, adolescents, or veterans.CommentsClose CommentsPermalink





‘(c) Qualified Loan Amount-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), for each school, academic, or calendar year of full-time employment in an area of national need described in subsection (b) that a borrower completes on or after the date of enactment of the Higher Education Opportunity Act, the Secretary shall forgive not more than $2,000 of the student loan obligation of the borrower that is outstanding after the completion of each such school, academic, or calendar year of employment, respectively.CommentsClose CommentsPermalink





‘(2) MAXIMUM AMOUNT- The Secretary shall not forgive more than $10,000 in the aggregate for any borrower under this section, and no borrower shall receive loan forgiveness under this section for more than five years of service.CommentsClose CommentsPermalink





‘(d) Priority- The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations.CommentsClose CommentsPermalink





‘(e) Rule of Construction- Nothing in this section shall be construed to authorize the refunding of any repayment of a loan.CommentsClose CommentsPermalink





‘(f) Ineligibility for Double Benefits- No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 428J, 428L, 455(m), or 460.CommentsClose CommentsPermalink





‘(g) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) AUDIOLOGIST- The term ‘audiologist’ means an individual who--CommentsClose CommentsPermalink





‘(A) has received, at a minimum, a graduate degree in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a); andCommentsClose CommentsPermalink





‘(B)(i) provides audiology services under subsection (ll)(2) of section 1861 of the Social Security Act (42 U.S.C. 1395x(ll)(2)); orCommentsClose CommentsPermalink





‘(ii) meets or exceeds the qualifications for a qualified audiologist under subsection (ll)(4) of such section (42 U.S.C. 1395x(ll)(4)).CommentsClose CommentsPermalink





‘(2) EARLY CHILDHOOD EDUCATOR- The term ‘early childhood educator’ means an individual who--CommentsClose CommentsPermalink





‘(A) works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community;CommentsClose CommentsPermalink





‘(B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; andCommentsClose CommentsPermalink





‘(C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education.CommentsClose CommentsPermalink





‘(3) ELIGIBLE PRESCHOOL PROGRAM- The term ‘eligible preschool program’ means a program that--CommentsClose CommentsPermalink





‘(A) provides for the care, development, and education of infants, toddlers, or young children age five and under;CommentsClose CommentsPermalink





‘(B) meets any applicable State or local government licensing, certification, approval, and registration requirements, andCommentsClose CommentsPermalink





‘(C) is operated by--CommentsClose CommentsPermalink





‘(i) a public or private school that is supported, sponsored, supervised, or administered by a local educational agency;CommentsClose CommentsPermalink





‘(ii) a Head Start agency serving as a grantee designated under the Head Start Act (42 U.S.C. 9831 et seq.);CommentsClose CommentsPermalink





‘(iii) a nonprofit or community based organization; orCommentsClose CommentsPermalink





‘(iv) a child care program, including a home.CommentsClose CommentsPermalink





‘(4) ELIGIBLE EARLY CHILDHOOD EDUCATION PROGRAM- The term ‘eligible early childhood education program’ means--CommentsClose CommentsPermalink





‘(A) a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that--CommentsClose CommentsPermalink





‘(i) is licensed or regulated by the State; andCommentsClose CommentsPermalink





‘(ii) serves two or more unrelated children who are not old enough to attend kindergarten;CommentsClose CommentsPermalink





‘(B) a Head Start Program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); orCommentsClose CommentsPermalink





‘(C) an Early Head Start Program carried out under section 645A of the Head Start Act (42 U.S.C. 9840a).CommentsClose CommentsPermalink





‘(5) LOW-INCOME COMMUNITY- The term ‘low-income community’ means a school attendance area (as defined in section 1113(a)(2)(A) of the Elementary and Secondary Education Act of 1965)--CommentsClose CommentsPermalink





‘(A) in which 70 percent of households earn less than 85 percent of the State median household income; orCommentsClose CommentsPermalink





‘(B) that includes a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.CommentsClose CommentsPermalink





‘(6) NURSE- The term ‘nurse’ means a nurse who meets all of the following:CommentsClose CommentsPermalink





‘(A) The nurse graduated from--CommentsClose CommentsPermalink





‘(i) an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296));CommentsClose CommentsPermalink





‘(ii) a nursing center; orCommentsClose CommentsPermalink





‘(iii) an academic health center that provides nurse training.CommentsClose CommentsPermalink





‘(B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting.CommentsClose CommentsPermalink





‘(C) The nurse holds one or more of the following:CommentsClose CommentsPermalink





‘(i) A graduate degree in nursing, or an equivalent degree.CommentsClose CommentsPermalink





‘(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).CommentsClose CommentsPermalink





‘(iii) A nursing degree from an associate degree school of nursing (as defined in such section).CommentsClose CommentsPermalink





‘(iv) A nursing degree from a diploma school of nursing (as defined in such section).CommentsClose CommentsPermalink





‘(7) OCCUPATIONAL THERAPIST- The term ‘occupational therapist’ means an individual who--CommentsClose CommentsPermalink





‘(A) has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a); andCommentsClose CommentsPermalink





‘(B)(i) provides occupational therapy services under section 1861(g) of the Social Security Act (42 U.S.C. 1395x(g)); orCommentsClose CommentsPermalink





‘(ii) meets or exceeds the qualifications for a qualified occupational therapist, as determined by State law.CommentsClose CommentsPermalink





‘(8) PHYSICAL THERAPIST- The term ‘physical therapist’ means an individual who--CommentsClose CommentsPermalink





‘(A) has received, at a minimum, a graduate degree in physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a); andCommentsClose CommentsPermalink





‘(B)(i) provides physical therapy services under section 1861(p) of the Social Security Act (42 U.S.C. 1395x(p)); orCommentsClose CommentsPermalink





‘(ii) meets or exceeds the qualifications for a qualified physical therapist, as determined by State law.CommentsClose CommentsPermalink





‘(9) SPEECH-LANGUAGE PATHOLOGIST- The term ‘speech-language pathologist’ means a speech-language pathologist who--CommentsClose CommentsPermalink





‘(A) has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a); andCommentsClose CommentsPermalink





‘(B) provides speech-language pathology services under section 1861(ll)(1) of the Social Security Act (42 U.S.C. 1395x(ll)(1)), or meets or exceeds the qualifications for a qualified speech-language pathologist under subsection (ll)(3) of such section (42 U.S.C. 1395x(ll)(3)).CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years to provide loan forgiveness in accordance with this section.’.CommentsClose CommentsPermalink

SEC. 42431. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.CommentsClose CommentsPermalink

SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION.CommentsClose CommentsPermalink

(a) In General- Section 430A (20 U.S.C. 1080a) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘credit bureaus’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





and(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) in the first sentence, by striking ‘--CommentsClose CommentsPermalink





(I) by striking ‘the Secretary,’ and inserting ‘the Secretary and’; andCommentsClose CommentsPermalink





(II) by striking ‘agreements with credit bureau organizations’ and inserting ‘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))an agreement with each consumer reporting agency’;CommentsClose CommentsPermalink





(ii) in the second sentence--CommentsClose CommentsPermalink





(I) by striking ‘such organizations’ each place the term occurs and inserting ‘such consumer reporting agencies’; andCommentsClose CommentsPermalink





(II) by striking ‘insurance), by’ and inserting ‘insurance) or by’; andCommentsClose CommentsPermalink





(iii) in the third sentence--CommentsClose CommentsPermalink





(I) by striking ‘Secretary,’ and inserting ‘Secretary or’; andCommentsClose CommentsPermalink





(II) by striking ‘organizations’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;CommentsClose CommentsPermalink





(C) by inserting before paragraph (2) (as redesignated by subparagraph (B)), the following:CommentsClose CommentsPermalink





‘(1) the type of loan made, insured, or guaranteed under this title;’;at the loan is an education loan (as such term is defined in section 151);’; andCommentsClose CommentsPermalink





(D) by inserting after paragraph (2) (as redesignated by subparagraph (B)), the following:CommentsClose CommentsPermalink





‘(3) information concerning the repayment status of the loan, which information shall be included for inclusion in the file of the borrower, except that nothing in this subsection shall be construed to affect any otherwise applicable provision of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)’;(E) in paragraph (4) (as redesignated by subparagraph (B)), by striking ‘and’ after the semicolon;(F) in paragraph (5) (as redesignated by subparagraph (B)), by striking the period and inserting ‘; and’; and(G) by adding at the end;’;CommentsClose CommentsPermalink





(3) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(B) by striking ‘subsection (a)(2)’ and inserting ‘subsection (a)(4)’;CommentsClose CommentsPermalink





(4) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(B) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘subsection (a)(2)’ and inserting ‘subsection (a)(4)’; andCommentsClose CommentsPermalink





(ii) in subparagraph (A), by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(5) in subsection (d), by striking ‘credit bureau organization’ and inserting ‘consumer reporting agency’.CommentsClose CommentsPermalink





(b) Conforming Amendments- The Act (20 U.S.C. 1001 et seq.) is further amended--CommentsClose CommentsPermalink





(1) in section 427(a)(2)(G) (20 U.S.C. 1077(a)(2)(G))--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘organizations’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(2) in section 428(c)(3)(A)(iii) (20 U.S.C. 1078(c)(3)(A)(iii)), by striking ‘credit bureau organization’ and inserting ‘consumer reporting agency’;CommentsClose CommentsPermalink





(3) in section 428C(b)(4)(E) (20 U.S.C. 1078-3(b)(4)(E))--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘organizations’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by striking ‘credit bureaus’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(5) in section 463(c) (20 U.S.C. 1087cc(c))--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Credit Bureau Organizations’ and inserting ‘Consumer Reporting Agencies’;CommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(C) in paragraph (2), by striking ‘organizations’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(D) in paragraph (4)(A), by striking ‘credit bureau organization’ each place the term occurs and inserting ‘consumer reporting agency’; andCommentsClose CommentsPermalink





(E) in paragraph (5)--CommentsClose CommentsPermalink





(i) by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(ii) by striking ‘such organizations’ and inserting ‘such consumer reporting agencies’;CommentsClose CommentsPermalink





(6) in section 463A(a)(11) (20 U.S.C. 1087cc-1(a)(11)), by striking ‘credit bureau or credit’ and inserting ‘consumer’; andCommentsClose CommentsPermalink





(7) in section 464 (20 U.S.C. 10877dd)--CommentsClose CommentsPermalink





(A) in subsection (c)(1)(I), by striking ‘credit bureau organizations’ and inserting ‘consumer reporting agencies’; andCommentsClose CommentsPermalink





(B) in subsection (h)(1)(A), by striking ‘credit bureau organization or credit’ and inserting ‘consumer’.CommentsClose CommentsPermalink

(a) Settlement of Claims- Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at the end the following: ‘The Secretary may not enter into any settlement of any claim under this title that exceeds $1,000,000 unless--CommentsClose CommentsPermalink





‘(1) the Secretary requests a review of the proposed settlement of such claim by the Attorney General; andCommentsClose CommentsPermalink





‘(2) the following:‘(6) any other information required to be reported by Federal lawAttorney General responds to such request, which may include, at the Attorney General’s discretion, a written opinion related to such proposed settlement.’.CommentsClose CommentsPermalink





SEC. 425. COMMON FORMS AND FORMATS.(b) Common Forms and Formats- Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the following: ‘Unless otherwise notified by the Secretary, each institution of higher education that participates in the program under this part or part D may use a master promissory note for loans under this part and part D.’.CommentsClose CommentsPermalink

SEC. 426. STUDENT LOAN INFORMATION 34. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.CommentsClose CommentsPermalink

(a) Amendment- Section 433 (20 U.S.C. 1083) is amended by adding at the end the following:‘(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 withto read as follows:CommentsClose CommentsPermalink

‘SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.CommentsClose CommentsPermalink

‘(a) Required Disclosure Before Disbursement- Each eligible lender, at or prior to the time such lender disburses a loan that is insured or guaranteed under this part (other than a loan made under section 428C), shall provide thorough and accurate loan information on such loan to the borrower in simple and understandable terms. Any disclosure required by this subsection may be made by an eligible lender by written or electronic means, including as part of the application material provided to the borrower, as part of the promissory note evidencing the loan, or on a separate written form provided to the borrower. Each lender shall provide to each borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. The disclosure shall include--CommentsClose CommentsPermalink





‘(1) a statement prominently and clearly displayed and in bold print that the borrower is receiving a loan that must be repaid;CommentsClose CommentsPermalink





‘(2) the name of the eligible lender, and the address to which communications and payments should be sent;CommentsClose CommentsPermalink





‘(3) the principal amount of the loan;CommentsClose CommentsPermalink





‘(4) the amount of any charges, such as the origination fee and Federal default fee, and whether those fees will be--CommentsClose CommentsPermalink





‘(A) collected by the lender at or prior to the disbursal of the loan;CommentsClose CommentsPermalink





‘(B) deducted from the proceeds of the loan;CommentsClose CommentsPermalink





‘(C) paid separately by the borrower; orCommentsClose CommentsPermalink





‘(D) paid by the lender;CommentsClose CommentsPermalink





‘(5) the stated interest rate on the loan;CommentsClose CommentsPermalink





‘(6) for loans made under section 428H or to a student borrower under section 428B, an explanation--CommentsClose CommentsPermalink





‘(A) that the borrower has the provisions of such subtitle.‘(g) Loan Benefit Disclosures-‘(1) IN GENERAL- Each eligible lender, holder, or servicer ofoption to pay the interest that accrues on the loan while the borrower is a student at an institution of higher education; andCommentsClose CommentsPermalink





‘(B) if the borrower does not pay such interest while attending an institution, when and how often interest on the loan will be capitalized;CommentsClose CommentsPermalink





‘(7) for loans made to a parent borrower on behalf of a student under section 428B, an explanation--CommentsClose CommentsPermalink





‘(A) that the parent has the option to defer payment on the loan while the student is enrolled on at least a half-time basis in an institution of higher education;CommentsClose CommentsPermalink





‘(B) if the parent does not pay the interest on the loan while the student is enrolled in an institution, when and how often interest on the loan will be capitalized; andCommentsClose CommentsPermalink





‘(C) that the parent may be eligible for a deferment on the loan if the parent is enrolled on at least a half-time basis in an institution of higher education;CommentsClose CommentsPermalink





‘(8) the yearly and cumulative maximum amounts that may be borrowed;CommentsClose CommentsPermalink





‘(9) a statement of the total cumulative balance, including the loan being disbursed, owed by the borrower to that lender, and an estimate of the projected monthly payment, given such cumulative balance;CommentsClose CommentsPermalink





‘(10) an explanation of when repayment of the loan will be required and when the borrower will be obligated to pay interest that accrues on the loan;CommentsClose CommentsPermalink





‘(11) a description of the types of repayment plans that are available for the loan;CommentsClose CommentsPermalink





‘(12) a statement as to the minimum and maximum repayment terms which the lender may impose, and the minimum annual payment required by law;CommentsClose CommentsPermalink





‘(13) an explanation of any special options the borrower may have for loan consolidation or other refinancing of the loan;CommentsClose CommentsPermalink





‘(14) a statement that the borrower has the right to prepay all or part of the loan, at any time, without penalty;CommentsClose CommentsPermalink





‘(15) a statement summarizing circumstances in which repayment of the loan or interest that accrues on the loan may be deferred;CommentsClose CommentsPermalink





‘(16) a statement summarizing the circumstances in which a borrower may obtain forbearance on the loan;CommentsClose CommentsPermalink





‘(17) a description of the options available for forgiveness of the loan, and the requirements to obtain loan forgiveness;CommentsClose CommentsPermalink





‘(18) a definition of default and the consequences to the borrower if the borrower defaults, including a statement that the default will be reported to a consumer reporting agency; andCommentsClose CommentsPermalink





‘(19) an explanation of any cost the borrower may incur during repayment or in the collection of the loan, including fees that the borrower may be charged, such as late payment fees and collection costs.CommentsClose CommentsPermalink





‘(b) Required Disclosure Before Repayment- Each eligible lender shall, at or prior to the start of the repayment period on a loan made, insured, or guaranteed under 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)section 428, 428B, or 428H, disclose to the borrower by repayingwritten or electronic means the information required under this subsection in simple and understandable terms. Each eligible lender shall provide to each borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. The disclosure required by this subsection shall be made not less than 30 days nor more than 150 days before the first payment on the loan is due from the borrower. The disclosure shall include--CommentsClose CommentsPermalink





‘(1) the name of the eligible lender or loan servicer, and the address to which communications and payments should be sent;CommentsClose CommentsPermalink





‘(2) the scheduled date upon which the repayment period is to begin or the deferment period under section 428B(d)(1) is to end, as applicable;CommentsClose CommentsPermalink





‘(3) the estimated balance owed by the borrower on the loan or loans covered by the disclosure (including, if applicable, the estimated amount of interest to be capitalized) as of the scheduled date on which the repayment period is to begin or the deferment period under 428B(d)(1) is to end, as applicable;CommentsClose CommentsPermalink





‘(4) the stated interest rate on the loan or loans, or the combined interest rate of loans with different stated interest rates;CommentsClose CommentsPermalink





‘(5) information on loan repayment benefits offered for the loan or loans, including--CommentsClose CommentsPermalink





‘(A) whether the lender offers any benefits that are contingent on the repayment behavior of the borrower, such as--CommentsClose CommentsPermalink





‘(i) a reduction in interest rate if the borrower repays the loan by automatic payroll or checking account deduction;CommentsClose CommentsPermalink





‘(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--‘(Aii) a reduction in interest rate if the borrower makes a specified number of on-time payments; andCommentsClose CommentsPermalink





‘(iii) other loan repayment benefits for which the borrower could be eligible that would reduce the amount of repayment or the length of the repayment period;CommentsClose CommentsPermalink





‘(B) if the lender provides a loan repayment benefit--CommentsClose CommentsPermalink





‘(i) any limitations on such options;‘(Bbenefit;CommentsClose CommentsPermalink





‘(ii) explicit information on the reasons a borrower may lose eligibility for such an option;‘(Cbenefit;CommentsClose CommentsPermalink





‘(iii) for a loan repayment benefit that reduces the borrower’s interest rate--CommentsClose CommentsPermalink





‘(I) examples of the impact the interest rate reductions will have on a borrower’s time for repayment and amount of repayment;‘(D would have on the length of the borrower’s repayment period and the amount of repayment; andCommentsClose CommentsPermalink





‘(II) upon the request of the borrower, the effect the reductions in interest rates will in interest rate would have with respect to the borrower’s payoff amount and time for repayment; andCommentsClose CommentsPermalink





‘(E) information on borrower recertification requirementsiv) whether and how the borrower can regain eligibility for a benefit if a borrower loses a benefit;CommentsClose CommentsPermalink





‘(6) a description of all the repayment plans that are available to the borrower and a statement that the borrower may change from one plan to another during the period of repayment;CommentsClose CommentsPermalink





‘(7) the repayment schedule for all loans covered by the disclosure, including--CommentsClose CommentsPermalink





‘(A) the date the first installment is due; andCommentsClose CommentsPermalink





‘(B) the number, amount, and frequency of required payments, which shall be based on a standard repayment plan or, in the case of a borrower who has selected another repayment plan, on the repayment plan selected by the borrower;CommentsClose CommentsPermalink





‘(8) an explanation of any special options the borrower may have for loan consolidation or other refinancing of the loan and of the availability and terms of such other options;CommentsClose CommentsPermalink





‘(9) except as provided in subsection (d)--CommentsClose CommentsPermalink





‘(A) the projected total of interest charges which the borrower will pay on the loan or loans, assuming that the borrower makes payments exactly in accordance with the repayment schedule; andCommentsClose CommentsPermalink





‘(B) if the borrower has already paid interest on the loan or loans, the amount of interest paid;CommentsClose CommentsPermalink





‘(10) the nature of any fees which may accrue or be charged to the borrower during the repayment period;CommentsClose CommentsPermalink





‘(11) a statement that the borrower has the right to prepay all or part of the loan or loans covered by the disclosure at any time without penalty;CommentsClose CommentsPermalink





‘(12) a description of the options by which the borrower may avoid or be removed from default, including any relevant fees associated with such options; andCommentsClose CommentsPermalink





‘(13) additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan Ombudsman of the Department) of which the lender is aware, where borrowers may receive advice and assistance on loan repayment.CommentsClose CommentsPermalink





‘(c) Separate Notification- Each eligible lender shall, at the time such lender notifies a borrower of approval of a loan which is insured or guaranteed under this part, provide the borrower with a separate notification which summarizes, in simple and understandable terms, the rights and responsibilities of the borrower with respect to the loan, including a statement of the consequences of defaulting on the loan and a statement that each borrower who defaults will be reported to a consumer reporting agency. The requirement of this subsection shall be in addition to the information required by subsection (a) of this section.CommentsClose CommentsPermalink





‘(d) Special Disclosure Rules on PLUS Loans, and Unsubsidized Loans- Loans made under sections 428B and 428H shall not be subject to the disclosure of projected monthly payment amounts required under subsection (b)(7) if the lender, in lieu of such disclosure, provides the borrower with sample projections of monthly repayment amounts, assuming different levels of borrowing and interest accruals resulting from capitalization of interest while the borrower, or the student on whose behalf the loan is made, is in school, in simple and understandable terms. Such sample projections shall disclose the cost to the borrower of--CommentsClose CommentsPermalink





‘(1) capitalizing the interest; andCommentsClose CommentsPermalink





‘(2) paying the interest as the interest accrues.CommentsClose CommentsPermalink





‘(e) Required Disclosures During Repayment-CommentsClose CommentsPermalink





‘(1) PERTINENT INFORMATION ABOUT A LOAN PROVIDED ON A PERIODIC BASIS- Each eligible lender shall provide the borrower of a loan made, insured, or guaranteed under this part with a bill or statement (as applicable) that corresponds to each payment installment time period in which a payment is due and that includes, in simple and understandable terms--CommentsClose CommentsPermalink





‘(A) the original principal amount of the borrower’s loan;CommentsClose CommentsPermalink





‘(B) the borrower’s current balance, as of the time of the bill or statement, as applicable;CommentsClose CommentsPermalink





‘(C) the interest rate on such loan;CommentsClose CommentsPermalink





‘(D) the total amount the borrower has paid in interest on the loan;CommentsClose CommentsPermalink





‘(E) the aggregate amount the borrower has paid for the loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance;CommentsClose CommentsPermalink





‘(F) a description of each fee the borrower has been charged for the most recently preceding installment time period;CommentsClose CommentsPermalink





‘(G) the date by which the borrower needs to make a payment in order to avoid additional fees and the amount of such payment and the amount of such fees;CommentsClose CommentsPermalink





‘(H) the lender’s or loan servicer’s address and toll-free phone number for payment and billing error purposes; andCommentsClose CommentsPermalink





‘(I) a reminder that the borrower has the option to change repayment plans, a list of the names of the repayment plans available to the borrower, a link to the appropriate page of the Department’s website to obtain a more detailed description of the repayment plans, and directions for the borrower to request a change in repayment plan.CommentsClose CommentsPermalink





‘(2) INFORMATION PROVIDED TO A BORROWER HAVING DIFFICULTY MAKING PAYMENTS- Each eligible lender shall provide to a borrower who has notified the lender that the borrower is having difficulty making payments on a loan made, insured, or guaranteed under this part with the following information in simple and understandable terms:CommentsClose CommentsPermalink





‘(A) A description of the repayment plans available to the borrower, including how the borrower should request a change in repayment plan.CommentsClose CommentsPermalink





‘(B) A description of the requirements for obtaining forbearance on a loan, including expected costs associated with forbearance.CommentsClose CommentsPermalink





‘(C) A description of the options available to the borrower to avoid defaulting on the loan, and any relevant fees or costs associated with such options.CommentsClose CommentsPermalink





‘(3) REQUIRED DISCLOSURES DURING DELINQUENCY- Each eligible lender shall provide to a borrower who is 60 days delinquent in making payments on a loan made, insured, or guaranteed under this part with a notice, in simple and understandable terms, of the following:CommentsClose CommentsPermalink





‘(A) The date on which the loan will default if no payment is made.CommentsClose CommentsPermalink





‘(B) The minimum payment the borrower must make to avoid default.CommentsClose CommentsPermalink





‘(C) A description of the options available to the borrower to avoid default, and any relevant fees or costs associated with such options, including a description of deferment and forbearance and the requirements to obtain each.CommentsClose CommentsPermalink





‘(D) Discharge options to which the borrower may be entitled.CommentsClose CommentsPermalink





‘(E) Additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan Ombudsman of the Department), of which the lender is aware, where the borrower can receive advice and assistance on loan repayment.CommentsClose CommentsPermalink





‘(f) Cost of Disclosure and Consequences of Nondisclosure-CommentsClose CommentsPermalink





‘(1) NO COST TO BORROWERS- The information required under this section shall be available without cost to the borrower.CommentsClose CommentsPermalink





‘(2) CONSEQUENCES OF NONDISCLOSURE- The failure of an eligible lender to provide information as required by this section shall not--CommentsClose CommentsPermalink





‘(A) relieve a borrower of the obligation to repay a loan in accordance with the loan’s terms; orCommentsClose CommentsPermalink





‘(B) provide a basis for a claim for civil damages.CommentsClose CommentsPermalink





‘(3) RULE OF CONSTRUCTION- Nothing in this section shall be construed as subjecting the lender to the Truth in Lending Act with regard to loans made under this part.CommentsClose CommentsPermalink





‘(4) ACTIONS BY THE SECRETARY- The Secretary may limit, suspend, or terminate the continued participation of an eligible lender in making loans under this part for failure by that lender to comply with this section.’.CommentsClose CommentsPermalink





(b) Effective Dates-CommentsClose CommentsPermalink





(1) REGULAR DISCLOSURE REQUIREMENTS AND DISCLOSURE REQUIREMENTS TO BORROWERS HAVING DIFFICULTY MAKING PAYMENTS- Paragraphs (1) and (2) of section 433(e) of the Higher Education Act of 1965, as amended by subsection (a), shall apply with respect to loans for which the first payment is due on or after July 1, 2009.CommentsClose CommentsPermalink





(2) DISCLOSURE REQUIREMENTS FOR BORROWERS WITH DELINQUENT LOANS- Section 433(e)(3) of the Higher Education Act of 1965, as amended by subsection (a), shall apply with respect to loans that become delinquent on or after July 1, 2009.CommentsClose CommentsPermalink

SEC. 42735. CONSUMER EDUCATION INFORMATION.CommentsClose CommentsPermalink

Part B (20 U.S.C. 1071 et seq.) is amended by inserting after section 433 (20 U.S.C. 1083) the following:CommentsClose CommentsPermalink

‘SEC. 433A. CONSUMER EDUCATION INFORMATION.CommentsClose CommentsPermalink

‘(a) In General- Each guaranty agency participating in a program under this part, working with the institutions of higher education served by such guaranty agency (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 student, shall develop and make available high-quality educational programs and materials to provide training for students and families in budgeting and financial management, including debt management and other aspects of financial literacy, such as the cost of using very high interest loans 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 secSuch programs and materials shall be in formats that are simple and understandable to students and families, and shall be provided before, during, and after the students’ enrollment in an institution of higher education. The activities described in this section shall be considered default reduction activities for the purposes of section 422.CommentsClose CommentsPermalink





‘(b) Rule of Construction- Nothing in this section shall be construed to prohibit--CommentsClose CommentsPermalink





‘(1) a guaranty agency from using existing activities, programs, and materials in meeting the requirements of this section;CommentsClose CommentsPermalink





‘(2) a guaranty agency from providing programs or materials similar to the programs or materials described in subsection (a) to an institution of higher education that provides loans exclusively through part D; orCommentsClose CommentsPermalink





‘(3) a lender or loan servicer from providing outreach or financial aid literacy information in accordance with subsection (a).’.CommentsClose CommentsPermalink

SEC. 428. DEFINITION OF36. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE LENDER.CommentsClose CommentsPermalink

Section 435(d (a) Participation Rate Index- CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 435(a) (20 U.S.C. 1085(d)) is amended--(1) in paragraph (5)--(A) by redesignating subparagraphs (C) and (D) as subparagraphs (H) and (I), respectively; and(B) by striking subparagraphsa)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(ii), by striking ‘paragraph (4)’ and inserting ‘paragraph (5)’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘and’ at the end of clause (ii); andCommentsClose CommentsPermalink





(II) by striking clause (iii) and inserting the following:CommentsClose CommentsPermalink





‘(iii) 25 percent for fiscal year 1994 through fiscal year 2011; andCommentsClose CommentsPermalink





‘(iv) 30 percent for fiscal year 2012 and any succeeding fiscal year.’;CommentsClose CommentsPermalink





(B) by redesignating paragraph (6) as paragraph (8), and redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





‘(3) APPEALS FOR REGULATORY RELIEF- An institution whose cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for any two consecutive fiscal years may, not later than 30 days after the date the institution receives notification from the Secretary, file an appeal demonstrating exceptional mitigating circumstances, as defined in paragraph (5). The Secretary shall issue a decision on any such appeal not later than 45 days after the date of submission of the appeal. If the Secretary determines that the institution demonstrates exceptional mitigating circumstances, the Secretary may not subject the institution to provisional certification based solely on the institution’s cohort default rate.’;CommentsClose CommentsPermalink





(D) in paragraph (5)(A) (as redesignated by subparagraph (B)), by striking ‘For purposes of paragraph (2)(A)(ii)’ and all that follows through ‘following criteria:’ and inserting ‘For purposes of this subsection, an institution of higher education shall be treated as having exceptional mitigating circumstances that make application of paragraph (2) inequitable, and that provide for regulatory relief under paragraph (3), if such institution, in the opinion of an independent auditor, meets the following criteria:’;CommentsClose CommentsPermalink





(E) by inserting after paragraph (6) (as redesignated by subparagraph (B)) the following:CommentsClose CommentsPermalink





‘(7) DEFAULT PREVENTION AND ASSESSMENT OF ELIGIBILITY BASED ON HIGH DEFAULT RATES-CommentsClose CommentsPermalink





‘(A) FIRST YEAR-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An institution whose cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) in any fiscal year shall establish a default prevention task force to prepare a plan to--CommentsClose CommentsPermalink





‘(I) identify the factors causing the institution’s cohort default rate to exceed such threshold;CommentsClose CommentsPermalink





‘(II) establish measurable objectives and the steps to be taken to improve the institution’s cohort default rate; andCommentsClose CommentsPermalink





‘(III) specify actions that the institution can take to improve student loan repayment, including appropriate counseling regarding loan repayment options.CommentsClose CommentsPermalink





‘(ii) TECHNICAL ASSISTANCE- Each institution subject to this subparagraph shall submit the plan under clause (i) to the Secretary, who shall review the plan and offer technical assistance to the institution to promote improved student loan repayment.CommentsClose CommentsPermalink





‘(B) SECOND CONSECUTIVE YEAR-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An institution whose cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for two consecutive fiscal years, shall require the institution’s default prevention task force established under subparagraph (A) and (B) and inserting the following:to review and revise the plan required under such subparagraph, and shall submit such revised plan to the Secretary.CommentsClose CommentsPermalink





‘(ii) REVIEW BY THE SECRETARY- The Secretary shall review each revised plan submitted in accordance with this subparagraph, and may direct that such plan be amended to include actions, with measurable objectives, that the Secretary determines, based on available data and analyses of student loan defaults, will promote student loan repayment.’; andCommentsClose CommentsPermalink





(F) in paragraph (8)(A) (as redesignated by subparagraph (B)) by striking ‘0.0375’ and inserting ‘0.0625’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1)(F) shall take effect for fiscal years beginning on or after October 1, 2011.CommentsClose CommentsPermalink





(b) Types of Lenders- Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘part, or (III)’ and inserting ‘part, (III)’; andCommentsClose CommentsPermalink





(2) by inserting before the semicolon at the end the following: ‘, or (IV) it is a National or State chartered bank, or a credit union, with assets of less than $1,000,000,000’.CommentsClose CommentsPermalink





(c) Disqualification- Paragraph (5) of section 435(d) (20 U.S.C. 1085(d)(5)) is amended to read as follows:CommentsClose CommentsPermalink





‘(5) DISQUALIFICATION FOR USE OF CERTAIN INCENTIVES- The term ‘eligible lender’ does not include any lender that the Secretary determines, after notice and opportunity for a hearing, has--CommentsClose CommentsPermalink





‘(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 payment or reimbursement, the provision of information technology equipment at below-market value, additional financial aid funds, or other inducements, to any institution of higher education or any employee of an institution of higher education in order to secure applicants for loans under this part;CommentsClose CommentsPermalink





‘(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 s or postsecondary institutions, or to family members of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans under this part from such lender;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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 student loans or other financial aid of the institution, and who is serving on an advisory board, commission, or group established by a lender or group of lenders for providing such service, except that the eligible lender may reimburse such employee for reasonable expenses incurred in providing such service;CommentsClose CommentsPermalink





‘(E) performed for an institution of higher education any function that thesuch institution of higher education is required to carry out under part B, D, or G;‘(F) paid, on behalf of an institution perform under this title, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 485(b);CommentsClose CommentsPermalink





‘(F) paid, on behalf of an institution of higher education, another person to perform any function that thesuch institution of higher education is required to perform under part B, D, or Gthis title, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 485(b);CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) is also employed by the lender for other purposes; andCommentsClose CommentsPermalink





‘(ii) made all appropriate disclosures regarding such employment;CommentsClose CommentsPermalink





’; and(2) ‘(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 CommentsClose CommentsPermalink





‘(I) engaged in fraudulent or misleading advertising.CommentsClose CommentsPermalink





It shall not be a violation of this paragraph for a lender to provide technical assistance to institutions of higher education comparable to the kinds of technical assistance provided to institutions of higher education by the Department.’.CommentsClose CommentsPermalink





(d) School as Lender Program Audit- Section 435(d) (20 U.S.C. 1085(d)) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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 AUDIT- Each institution serving as an eligible lender under subsection (d)(1)(E) and all eligible lendersparagraph (1)(E), and each eligible lender serving as a trustee for an institution of higher education or an organization affiliated with an institution of higher education, shall annually complete and submit to the Secretary a compliance audit to determine whether--CommentsClose CommentsPermalink





‘(iA) 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) grant programs, in accordance with paragraph (2)(A)(viii);CommentsClose CommentsPermalink





‘(B) the institution or lender is using no more than a t more than a reasonable portion of the proceeds described in section 435(d)paragraph (2)(A)(viii) for direct administrative expenses; andCommentsClose CommentsPermalink





‘(iiiC) the institution or lender is ensuring that the proceeds described in section 435(d)paragraph (2)(A)(viii) are being used to supplement, and not to supplant, non-Federal funds that would Federal and non-Federal funds that would otherwise be used for need-based grant programs.’.CommentsClose CommentsPermalink





(e) Cohort Default Rates-CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 435(m) (20 U.S.C. 1085(m)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the first sentence of subparagraph (A), by striking ‘end of the following fiscal year’ and inserting ‘end of the second fiscal year following the fiscal year in which the students entered repayment’;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘such fiscal year’ and inserting ‘such second fiscal year’;CommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking ‘end of the fiscal year immediately following the year in which they entered repayment’ and inserting ‘end of the second fiscal year following the year in which they entered repayment’;CommentsClose CommentsPermalink





(B) in paragraph (2)(C)--CommentsClose CommentsPermalink





(i) by striking ‘end of such following fiscal year is not considered as in default for the purposes of this subsection’ and inserting ‘end of the second fiscal year following the year in which the loan entered repayment is not considered as in default for purposes of this subsection’; andCommentsClose CommentsPermalink





(ii) by striking ‘such following fiscal year’ and inserting ‘such second fiscal year’; andCommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) by amending the paragraph heading to read as follows: ‘COLLECTION AND REPORTING OF COHORT DEFAULT RATES AND LIFE OF COHORT DEFAULT RATES- ’; andCommentsClose CommentsPermalink





(ii) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(A) The Secretary shall publish not less often than once every fiscal year a report showing cohort default data and life of cohort default rates for each category of institution, including: (i) four-year public institutions; (ii) four-year private nonprofit institutions; (iii) two-year public institutions; (iv) two-year private nonprofit institutions; (v) four-year proprietary institutions; (vi) two-year proprietary institutions; and (vii) less than two-year proprietary institutions. For purposes of this subparagraph, for any fiscal year in which one or more current and former students at an institution enter repayment on loans under section 428, 428B, or 428H, received for attendance at the institution, the Secretary shall publish the percentage of those current and former students who enter repayment on such loans (or on the portion of a loan made under section 428C that is used to repay any such loans) received for attendance at the institution in that fiscal year who default before the end of each succeeding fiscal year.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE AND TRANSITION-CommentsClose CommentsPermalink





(A) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect for purposes of calculating cohort default rates for fiscal year 2009 and succeeding fiscal years.CommentsClose CommentsPermalink





(B) TRANSITION- Notwithstanding subparagraph (A), the method of calculating cohort default rates under section 435(m) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of this Act shall continue in effect, and the rates so calculated shall be the basis for any sanctions imposed on institutions of higher education because of their cohort default rates, until three consecutive years of cohort default rates calculated in accordance with the amendments made by paragraph (1) are available.CommentsClose CommentsPermalink

SEC. 42937. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY.CommentsClose CommentsPermalink

(a) FFEL and Direct Loans- Section 437(a) (20 U.S.C. 1087) is amended--(1(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(a) Repayment in Full for Death and Disability- If a’ and inserting the following:CommentsClose CommentsPermalink





‘(a) Repayment in Full for Death and Disability-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a’;CommentsClose CommentsPermalink





(2) by inserting ‘, or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months’ after ‘of the Secretary),’; andCommentsClose CommentsPermalink





(23) by adding at the end the following: ‘The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which--CommentsClose CommentsPermalink





‘(1A) a borrower received a discharge of liability under this subsection and after the discharge the borrower--CommentsClose CommentsPermalink





‘(Ai) receives a loan made, insured, or guaranteed under this title; orCommentsClose CommentsPermalink





‘(Bii) has earned income in excess of the poverty line; orCommentsClose CommentsPermalink





‘(2B) the Secretary determines necessary.’.CommentsClose CommentsPermalink





(b) Perkins- Section 464(cDisability Determinations- Section 437(a) (20 U.S.C. 1087dd(c)) is amended--(1) in paragraph (1)(F)--(A) by striking ‘or if he’ and inserting ‘if the borrower’; and(B) by inserting ‘, 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’ after ‘the Secretary’; and(2)(a)) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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 necessary2) DISABILITY DETERMINATIONS- A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of such determination to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower’s loans under this subsection, and such borrower shall not be required to present additional documentation for purposes of this subsection.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by subsections (a) and (b) shall take effect on July 1, 2008shall take effect on July 1, 2010.CommentsClose CommentsPermalink

(a) Part B Amendments- Part B of title IV (20 U.S.C. 1071 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)), by striking ‘437, and 439(q)’ and inserting ‘and 437’;CommentsClose CommentsPermalink





(2) in section 428 (20 U.S.C. 1078)--CommentsClose CommentsPermalink





(A) in subsection (b)(1)(G)(i), by striking ‘or 439(q)’;CommentsClose CommentsPermalink





(B) by striking subsection (h); andCommentsClose CommentsPermalink





(C) in subsection (j)(2)--CommentsClose CommentsPermalink





(i) by inserting ‘and’ at the end of subparagraph (C);CommentsClose CommentsPermalink





(ii) by striking ‘; and’ at the end of subparagraph (D) and inserting a period; andCommentsClose CommentsPermalink





(iii) by striking subparagraph (E); andCommentsClose CommentsPermalink





(3) in section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)), by striking ‘428C, and 439(q),’ and inserting ‘and 428C,’.CommentsClose CommentsPermalink





(b) Federal Deposit Insurance Act- Section 18(s)(4)(C)(ii)(I) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)(4)(C)(ii)(I)) is amended by striking ‘as amended’ and inserting ‘as such section existed on the day before the date of the repeal of such section’.CommentsClose CommentsPermalink

PART C--FEDERAL WORK-STUDY PROGRAMS

SEC. 441. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

Section 441(b) (42 U.S.C. 2751(b)) is amended by striking) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘$1,000,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 59 and each of the five succeeding fiscal years.’; andCommentsClose CommentsPermalink





(2) in subsection (c)(1), by inserting ‘emergency preparedness and response,’ after ‘public safety,’.CommentsClose CommentsPermalink

SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES.CommentsClose CommentsPermalink

Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by striking ‘$450’ and inserting ‘$600’.CommentsClose CommentsPermalink

SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.CommentsClose CommentsPermalink

Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amended--(1) by striking subparagraph (A);(2) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) by striking subparagraph (A); andCommentsClose CommentsPermalink





(B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink





(3) in subparagraph (A) (as redesignated by paragraph (2)), by striking ‘this subparagraph if’ and all that follows through ‘institution;’ and inserting ‘this subparagraph if--‘(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;2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Civic Education and Participation Activities-CommentsClose CommentsPermalink





‘(1) USE OF FUNDS- Funds granted to an institution under this section may be used in accordance with such subsection to compensate (including compensation for time spent in training and travel directly related to civic education and participation activities) students employed in projects that--CommentsClose CommentsPermalink





‘(A) teach civics in schools;CommentsClose CommentsPermalink





‘(B) raise awareness of government functions or resources; orCommentsClose CommentsPermalink





‘(C) increase civic participation.CommentsClose CommentsPermalink





‘(2) PRIORITY FOR SCHOOLS- To the extent practicable, an institution shall--CommentsClose CommentsPermalink





‘(A) give priority to the employment of students participating in projects that educate or train the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism, and other emergency situations; andCommentsClose CommentsPermalink





‘(B) ensure that any student compensated with the funds described in paragraph (1) receives appropriate training to carry out the educational services required.CommentsClose CommentsPermalink





‘(3) FEDERAL SHARE- The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.’.CommentsClose CommentsPermalink

SEC. 444. FLEXIBLE USE OF FUNDS.CommentsClose CommentsPermalink

SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS.CommentsClose CommentsPermalink

Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking ‘$50,000’ and inserting ‘$75,000’.CommentsClose CommentsPermalink

SEC. 4456. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.CommentsClose CommentsPermalink

SEC. 447. WORK COLLEGES.CommentsClose CommentsPermalink

Section 448 (42 U.S.C. 2756b) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘work-learning’ and inserting ‘work-learning-service’;(2) in subsection (b)--(A) in paragraph (1), by striking ‘under subsection (f)’ and inserting ‘for this section under section 441(b)’; and(B) in paragraph (2)--(i) in the matter preceding subparagraph (A), by striking ‘pursuant to subsection (f)’ and inserting ‘for this section under section 441(b)’;(ii) in subparagraph (A), by striking ‘work-learning program’ and inserting ‘comprehensive work-learning-service program’;(iii) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively;(iv) by inserting after subparagraph (B) the following:

‘(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’;

(v) in subparagraph (E) (as redesignated by clause (iii)), by striking ‘work-learning’ each place the term occurs and inserting ‘work-learning-service’; and(vi) in subparagraph (F) (as redesignated by clause (iii)), by striking ‘work service learning’it appears and inserting ‘work-learning-service’;CommentsClose CommentsPermalink




(3) in subsection (c), by striking ‘by subsection (f) to use funds under subsection (b)(1)’ and inserting ‘for this section under section 441(b) or to use funds under subsection (b)(1),’;(4) in subsection (e)--(A) in paragraph (1)--(i) in subparagraph (A), by inserting ‘42) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) Definitions- For the purpose of this section--CommentsClose CommentsPermalink





‘(1) the term ‘work college’ means an eligible institution that--CommentsClose CommentsPermalink





‘(A) has been a public or private nonprofit, four-year, degree-granting’ after ‘nonprofit’;(ii) in subparagraph (B), by striking ‘work-learning’ and inserting ‘work-learning-service’;(iii) by striking subparagraph (C) and inserting the following:‘(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 institution with a commitment to community service;CommentsClose CommentsPermalink





‘(B) has operated a comprehensive work-learning-service program for not less than 5at least two years;CommentsClose CommentsPermalink





‘(C) requires students, including at least one-half of all students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least five hours each week, or not less thanat least 80 hours during each period of enrollment, except summer school, unless the student is engaged in a study abroad or externship program that isn institutionally organized or approved by the institution; and’; and(iv) in subparagraph (D), by striking ‘work-learning’ and inserting ‘work-learning-service’; and(B) by striking paragraph (2) and inserting the following:‘(2) the term ‘study abroad or externship program; andCommentsClose CommentsPermalink





‘(D) provides students participating in the comprehensive work-learning-service program with the opportunity to contribute to their education and to the welfare of the community as a whole; andCommentsClose CommentsPermalink





‘(2) the term ‘comprehensive student work-learning-service program’ means a student work-learning-service program that--CommentsClose CommentsPermalink





‘(A) is an integral and stated part of the institution’s educational philosophy and program;CommentsClose CommentsPermalink





‘(B) requires participation of all resident students for enrollment and graduation;CommentsClose CommentsPermalink





‘(C) includes learning objectives, evaluation, and a record of work performance as part of the student’s college record;CommentsClose CommentsPermalink





‘(D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs;CommentsClose CommentsPermalink





‘(E) recognizes the educational role of work-learning-service supervisors; andCommentsClose CommentsPermalink





‘(F) includes consequences for nonperformance or failure in the work-learning-service program similar to the consequences for failure in the regular academic program.’; andCommentsClose CommentsPermalink





(5) by striking subsection (f).PART D3) in subsection (f), by striking ‘$5,000,000’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

PART E--FEDERAL PERKINS LOANS

SEC. 451. PROGRAM61. EXTENSION OF AUTHORITY.CommentsClose CommentsPermalink

Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is amended) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘$250,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for each of the fiscal years 2008 through 2012.$300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘2003’ each place it appears and inserting ‘2015’.CommentsClose CommentsPermalink

SEC. 451A62. ALLOWANCE FOR BOOKS AND SUPPLIES.CommentsClose CommentsPermalink

Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by striking ‘$450’ and inserting ‘$600’.CommentsClose CommentsPermalink

SEC. 451B. PERKINS LOAN FORBEARANCE.63. AGREEMENTS WITH INSTITUTIONS.CommentsClose CommentsPermalink

(a) Loan Limits- Section 464(a) (20 U.S.C. 1087dd(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(A)--CommentsClose CommentsPermalink





(A) by striking ‘$4,000’ in clause (i) and inserting ‘$5,500’; andCommentsClose CommentsPermalink





(B) by striking ‘$6,000’ in clause (ii) and inserting ‘$8,000’; andCommentsClose CommentsPermalink





(2) in paragraph (2)(B)--CommentsClose CommentsPermalink





(A) by striking ‘$40,000’ in clause (i) and inserting ‘$60,000’;CommentsClose CommentsPermalink





(B) by striking ‘$20,000’ in clause (ii) and inserting ‘$27,500’; andCommentsClose CommentsPermalink





(C) by striking ‘$8,000’ in clause (iii) and inserting ‘$11,000’.CommentsClose CommentsPermalink





(b) Discharge and Cancellation Rights in Cases of Disability-CommentsClose CommentsPermalink





(1) AMENDMENT- Section 464 (20 U.S.C. 1087dd) is amended--(1) in subsection (e)--(A) in the matter preceding(c)) is further amended--CommentsClose CommentsPermalink





(A) in subsection (c)(1)(F), by striking ‘canceled upon the death’ and all that follows through the semicolon and inserting ‘cancelled--CommentsClose CommentsPermalink





‘(i) upon the death of the borrower;CommentsClose CommentsPermalink





‘(ii) if the borrower becomes permanently and totally disabled as determined in accordance with regulations of the Secretary;CommentsClose CommentsPermalink





‘(iii) if the borrower is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months; orCommentsClose CommentsPermalink





‘(iv) if the borrower is determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected disability;’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(k) The Secretary may develop such additional safeguards as the Secretary determines necessary to prevent fraud and abuse in the cancellation of liability under subsection (c)(1)(F). Notwithstanding subsection (c)(1)(F), the Secretary may promulgate regulations to resume collection on loans cancelled under subsection (c)(1)(F) in any case in which--CommentsClose CommentsPermalink





‘(1) a borrower received a cancellation of liability under subsection (c)(1)(F) and after the cancellation the borrower--CommentsClose CommentsPermalink





‘(A) receives a loan made, insured, or guaranteed under this title; orCommentsClose CommentsPermalink





‘(B) has earned income in excess of the poverty line; orCommentsClose CommentsPermalink





‘(2) the Secretary determines necessary.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on July 1, 2008.CommentsClose CommentsPermalink





(c) Forbearance- Section 464 (20 U.S.C. 1087dd) is further amended--CommentsClose CommentsPermalink





(1) in subsection (e)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘, upon written request,’ and inserting ‘, as documented in accordance with paragraph (2),’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;CommentsClose CommentsPermalink





(C) by inserting ‘(1)’ after ‘Forbearance- ’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) For the purpose of paragraph (1), the terms of forbearance agreed to by the parties shall be documented by--CommentsClose CommentsPermalink





‘(A) confirming the agreement of the borrower by notice to the borrower from the institution of higher education; andCommentsClose CommentsPermalink





‘(B) recording the terms in the borrower’s file.’;CommentsClose CommentsPermalink





and(2 (2) in subsection (h)(1)(A), by striking ‘12 ontime’ and inserting ‘9 on-time’; and CommentsClose CommentsPermalink





(3) in subsection (j)(2), by striking ‘(e)(3)’ and inserting ‘(e)(1)(C)’.CommentsClose CommentsPermalink

SEC. 452. CANCELLATION OF LOANS FOR CERTAIN65. CANCELLATION FOR PUBLIC SERVICE.CommentsClose CommentsPermalink

Section 465(a) (20 U.S.C. 1087ee(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) as a full-time teacher for service in an academic year (including such a teacher employed by an educational service agency)--CommentsClose CommentsPermalink





‘(i) in a public or other nonprofit private elementary school or secondary school, which, for the purpose of this paragraph and for that year--CommentsClose CommentsPermalink





‘(I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; andCommentsClose CommentsPermalink





‘(II) is in the school district of a local educational agency which is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; orCommentsClose CommentsPermalink





‘(ii) in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children taught at such school or location;’;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘Head Start Act which’ and inserting ‘Head Start Act, or in a prekindergarten or child care program that is licensed or regulated by the State, that’;CommentsClose CommentsPermalink





(BC) in subparagraph (C), by inserting ‘, including a system administered by an educational service agency’ after ‘secondary school system’;CommentsClose CommentsPermalink





(D) by striking subparagraph (F) and inserting the following:CommentsClose CommentsPermalink





‘(F) as a full-time law enforcement officer or corrections officer for service to local, State, or Federal law enforcement or corrections agencies, or as a full-time attorney employed in a defender organization established in accordance with section 3006A(g)(2) of title 18, United States Code;’;CommentsClose CommentsPermalink





(E) in subparagraph (H), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(CF) in subparagraph (I), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(DG) by inserting before the matter following subparagraph (I) (as amended by subparagraph (C)) the following:CommentsClose CommentsPermalink





‘(J) as a full-time fire fighter for service to a local, State, or Federal fire department or fire district;CommentsClose CommentsPermalink





‘(K) as a full-time faculty member at a Tribal College or University, as that term is defined in section 316;CommentsClose CommentsPermalink





‘(KL) as a librarian, if the librarian has a master’s degree in library science and is employed in--CommentsClose CommentsPermalink





‘(i) an elementary school or secondary school that is eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; orCommentsClose CommentsPermalink





‘(ii) a public library that serves a geographic area that contains 1one or more schools eligible for assistance under title I of the Elementary and Secondary Education Act ofpart A of title I of the Elementary and Secondary Education Act of 1965; orCommentsClose CommentsPermalink





‘(LM) as a full-time speech language therapist, if the therapist has a master’pathologist, if the pathologist has a masters degree and is working exclusively with schools that are eligible for assistance under title I of the Elementary and Secondary Education Act of 1965.’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(A)--CommentsClose CommentsPermalink





(A) in clause (i)--CommentsClose CommentsPermalink





(i) by inserting ‘(D),’ after ‘(C),’; andCommentsClose CommentsPermalink





(ii) by striking ‘or (I)’ and inserting ‘(I), (J), (K), or (L(L), or (M)’;CommentsClose CommentsPermalink





(B) in clause (ii), by inserting ‘or’ after the semicolon;CommentsClose CommentsPermalink





(C) by striking clause (iii); andCommentsClose CommentsPermalink





(D) by redesignating clause (iv) as clause (iii).CommentsClose CommentsPermalink

PART EF--NEED ANALYSIS

SEC. 4671. COST OF ATTENDANCE.CommentsClose CommentsPermalink

(a) Amendments- Section 472(3) (20 U.S.C. 1087kkll(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (B), as amended by paragraph (1), the following:CommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on July 1, 200810.CommentsClose CommentsPermalink

SEC. 46272. DISCRETION TO MAKE ADJUSTMENTS.CommentsClose CommentsPermalink

SEC. 473. DEFINITIONS.CommentsClose CommentsPermalink

(a) Amendment- Section 480(b)(6Total Income- Section 480(a) (as amended by Public Law 110-84) (20 U.S.C. 1087vv(b)(6)) is amended a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting ‘(A)’ after ‘(1)’;CommentsClose CommentsPermalink





(B) by inserting ‘subparagraph (B) and’ after ‘provided in’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) Notwithstanding section 478(a), the Secretary may provide for the use of data from the second preceding tax year when and to the extent necessary to carry out the simplification of applications (including simplification for a subset of applications) used for the estimation and determination of financial aid eligibility. Such simplification may include the sharing of data between the Internal Revenue Service and the Department, pursuant to the consent of the taxpayer.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘no portion of veterans’ education benefits received by an individual,’ after ‘any program by an individual,’.CommentsClose CommentsPermalink





(b) Untaxed Income and Benefits- Section 480(b)(1)(E) (as amended by Public Law 110-84) (20 U.S.C. 1087vv(b)(1)(E)) is amended by inserting ‘, except that the value of on-base military housing or the value of basic allowance for housing determined under section 403(b) of title 37, United States Code, received by the parents, in the case of a dependent student, or the student or student’s spouse, in the case of an independent student, shall be excluded’ before the semicolon.CommentsClose CommentsPermalink





(bc) Independent Student- Section 480(d)(1) (as amended by Public Law 110-84) (20 U.S.C. 1087vv(d)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older;’; andCommentsClose CommentsPermalink





(2) by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink





‘(C) is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s State of legal residence;’.CommentsClose CommentsPermalink





(d) Treatment of Cooperative Education Work Income- Section 480(e) (as amended by Public Law 110-84) (20 U.S.C. 1087vv(e)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) any income earned from work under a cooperative education program offered by an institution of higher education;’.CommentsClose CommentsPermalink





(e) Other Financial Assistance- Section 480(j)(1) (20 U.S.C. 1087vv(j)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘veterans’ education benefits as defined in subsection (c), and’; andCommentsClose CommentsPermalink





(2) by inserting before the period at the end the following: ‘, but excluding veterans’ education benefits as defined in subsection (c)’.CommentsClose CommentsPermalink





(f) Effective Date- The amendment made by subsection (a) shall take effect on July 1, 2008s made by this section shall take effect on July 1, 2010.CommentsClose CommentsPermalink

PART FG--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

SEC. 4781. DEFINITIONS.CommentsClose CommentsPermalink

Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is amended) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2)(B), by inserting ‘and that measures program length in credit hours or clock hours’ after ‘baccalaureate degree’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Consumer Reporting Agency- For purposes of this title, the term ‘consumer reporting agency’ has the meaning given the term ‘consumer reporting agency that compiles and maintains files on consumers on a nationwide basis’ in Section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).CommentsClose CommentsPermalink





‘(f) Definition of Educational Service Agency- For purposes of parts B, D, and E, the term ‘educational service agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.’.CommentsClose CommentsPermalink

SEC. 472. COMPLIANCE82. MASTER CALENDAR.CommentsClose CommentsPermalink

(a) Amendment- Section 482 (20 U.S.C. 1089) is amended by adding at the end the --CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink





‘(B) by March 1: proposed modifications, updates, and notices pursuant to sections 478 and 483(a)(5) published in the Federal Register;CommentsClose CommentsPermalink





‘(C) by June 1: final modifications, updates, and notices pursuant to sections 478 and 483(a)(5) published in the Federal Register;’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated;CommentsClose CommentsPermalink





‘(2) the required recipients of each report or disclosure;CommentsClose CommentsPermalink





‘(3) any required method for transmittal or dissemination of each report or disclosure;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding each report or disclosure; andCommentsClose CommentsPermalink





‘(6) any other information which is pertinent to the content or distribution of the report or disclosure.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a)(1) shall take effect on July 1, 2010.CommentsClose CommentsPermalink

SEC. 473.83. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND REGULATIONS.Section 483 (20 U.S.C. 1090) is amended--(1) by striking subsectionsPROCESSES.CommentsClose CommentsPermalink

(a) and (b) and inserting the following:‘(a) Common Financial Aid Form Development and Processing-‘(1) IN GENERAL-‘(A) COMMON FORMS Section 483 (20 U.S.C. 1090) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking paragraphs (1) through (7) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, in cooperation with representatives of agencies and organizations involved in student financial assistance, shall produce, distribute, and process free of charge common financial reporting forms as described in this subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance under parts A through E of this title (other than under(other than 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 and shall be referred to as the ‘Free Application for Federal Student Aid’, or ‘FAFSA’ or the ‘FAFSA’. The Secretary shall work to make the FAFSA consumer-friendly and to make questions on the FAFSA easy for students and families to read and understand, and shall ensure that the FAFSA is available in formats accessible to individuals with disabilities.CommentsClose CommentsPermalink





‘(2) PAPER FORMAT-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) a paper version of EZ FAFSA, as described in subparagraph (B); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) EZ FAFSA-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall develop and use, after appropriate field testing, a simplified paper application form for applicants form, to be known as the EZ FAFSA, to be used for applicants meeting the requirements of subsection (b) or (c) of section 479(c), which form shall be referred to as the ‘EZ FAFSA’.CommentsClose CommentsPermalink





‘(ii) REQUIRED FEDERALDUCED 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)REQUIREMENTS- The EZ FAFSA shall permit an applicant to submit, for financial assistance purposes, only the data elements required to make a determination of whether the applicant meets the requirements under subsection (b) or (c) of section 479.CommentsClose CommentsPermalink





‘(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 that 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) the State’s resident applicants to use the EZ FAFSA for State assistance.CommentsClose CommentsPermalink





‘(iv) FREE AVAILABILITY AND DATA DISTRIBUTION- The provisions of paragraphs (6) and (10) shall apply to the EZ FAFSAPROCESSING- The provisions of paragraph (6) shall apply to the EZ FAFSA, and the data collected by means of the EZ FAFSA shall be available to institutions of higher education, guaranty agencies, and States in accordance with paragraph (10).CommentsClose CommentsPermalink





‘(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 InternetROMOTING THE USE OF ELECTRONIC FAFSA-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall make all efforts to encourage all applicants to utilize the electronic version of the forms described in paragraph (3).CommentsClose CommentsPermalink





‘(ii) MAINTENANCE OF THE FAFSA IN A PRINTABLE ELECTRONIC FILE- The Secretary shall maintain a version of the paper forms described in subparagraphs (A) and (B) in a printable electronic file that is easily accessible, downloadable formats of the full paper version of FAFSA; and‘(III)portable, accessible, and downloadable to students on the same website used to provide students with the electronic version of the forms described in paragraph (3).CommentsClose CommentsPermalink





‘(iii) REQUESTS FOR PRINTED COPY- The Secretary shall provide a printed copy of the full paper version of FAFSA upon request.CommentsClose CommentsPermalink





‘(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)v) REPORTING REQUIREMENT- The Secretary shall maintain data, and periodically report to Congress, on the impact of the digital divide on students completing applications for aid under this title. The Secretary shall report on the steps taken to eliminate the digital divide and reduce production of the paper form described in subparagraph (A). The Secretary’s report shall specifically address the impact of the digital divide on the following student populations:CommentsClose CommentsPermalink





‘(I) Independent students.CommentsClose CommentsPermalink





‘(II) Traditionally underrepresented students.CommentsClose CommentsPermalink





‘(III) Dependent students.CommentsClose CommentsPermalink





‘(3) ELECTRONIC VERSIONSFORMAT-CommentsClose CommentsPermalink





‘(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 whodistribute, and process forms in electronic format to meet the requirements of paragraph (1). The Secretary shall develop an electronic version of the forms for applicants who do not meet the requirements of subsection (b) or (c) of section 479 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.CommentsClose CommentsPermalink





‘(B) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall develop and use a simplified electronic version of the form to be used by applicants meeting the requirements under subsection (b) or (c) of section 479.CommentsClose CommentsPermalink





‘(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 ANii) REDUCED DATA DISTRIBUTION- The provisions of paragraphs (6) and (10) shall apply to the electronic version of the FAFSA.‘(FREQUIREMENTS- The simplified electronic version of the forms shall permit an applicant to submit, for financial assistance purposes, only the data elements required to make a determination of whether the applicant meets the requirements under subsection (b) or (c) of section 479.CommentsClose CommentsPermalink





‘(iii) 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, aforms developed by the Secretary pursuant to this paragraph by an eligible institution, eligible lender, guaranty agency, State grant agency, private computer software provider, a consortium of such entities, 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 suchthereof, or such other entities as the Secretary may designate.CommentsClose CommentsPermalink





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 ‘(C) STATE DATA- The Secretary shall include on the electronic version of the forms such items as may be necessary to determine eligibility for State financial assistance, as provided under paragraph (5), except the Secretary shall not require an applicant to enter data pursuant to this subparagraph that are required by any State other than the applicant’s State of residence. CommentsClose CommentsPermalink





‘(D) AVAILABILITY AND PROCESSING- The data collected by means of the simplified electronic version of the forms shall be available to institutions of higher education, guaranty agencies, and States in accordance with paragraph (10).CommentsClose CommentsPermalink





‘(E) PRIVACY- The Secretary shall ensure that data collection under this paragraph complies with section 552a of title 5, United States Code, and that any entity using an electronic version of a form developed by the Secretary underthe electronic version of the forms developed by the Secretary pursuant to this paragraph shall maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of the information, and to protect against security threats, or unauthorized uses or disclosures of the information provided on the electronic version of the form.‘(H) SIGNATURE- Notwithstanding any other provision of this Act, the Secretary mays. Data collected by such electronic version of the forms shall be used only for the application, award, and administration of aid awarded under this title, State aid, or aid awarded by eligible institutions or such entities as the Secretary may designate. No data collected by such electronic version of the forms shall be used for making final aid awards under this title until such data have been processed by the Secretary or a contractor or designee of the Secretary, except as may be permitted under this title.CommentsClose CommentsPermalink





‘(F) SIGNATURE- Notwithstanding any other provision of this Act, the Secretary may continue to permit an electronic version of a form developed under this paragraph to be submitted the form under this paragraph to be submitted without a signature, if a signature is subsequently submitted by the applicant or if the applicant uses a personal identification number provided by the Secretary under subparagraph (I).‘(IG).CommentsClose CommentsPermalink





‘(G) PERSONAL IDENTIFICATION NUMBERS AUTHORIZED- The Secretary is authorizedmay continue to assign to an applicant a personal identification number--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) for any purpose determined by the Secretary to enable the Secretary to carry out this title.CommentsClose CommentsPermalink





‘(JH) 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 theThe Secretary shall continue to work with the Commissioner of 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.CommentsClose CommentsPermalink





‘(4) STREAMLINING-CommentsClose CommentsPermalink





‘(A) STREAMLINED REAPPLICATION PROCESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall develop streamlined paper and electronici) IN GENERAL- The Secretary shall continue to streamline reapplication forms and processes for an applicant who applies for financial assistance under this title in the next succeeding academic year subsequent to an academic year for which such applicant applied for financial assistance under this title.CommentsClose CommentsPermalink





‘(Bii) 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.CommentsClose CommentsPermalink





‘(Ciii) 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.CommentsClose CommentsPermalink





‘(Div) 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.CommentsClose CommentsPermalink





‘(B) REDUCTION OF DATA ELEMENTS-CommentsClose CommentsPermalink





‘(i) REDUCTION ENCOURAGED- Of the number of data elements on the FAFSA used for the 2009-2010 award year, the Secretary, in cooperation with representatives of agencies and organizations involved in student financial assistance and consistent with efforts under subsection (c), shall continue to reduce the number of such data elements required to be entered by all applicants, with the goal of reducing such number by 50 percent.CommentsClose CommentsPermalink





‘(ii) REPORT- The Secretary shall submit a report on the process of this reduction to each of the authorizing committees by June 30, 2011.CommentsClose CommentsPermalink





‘(5) STATE REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in paragraphs (2)(B)(iii), (3)(D), and (4)(BB), and (4)(A)(ii), the Secretary shall include on the forms developed under this subsection, such State-specific data items as the Secretary determines are necessary to meet State requirements for need-based State aid. Such items shall be selected in consultation with State agencies in order to assist in the awarding of State financial assistance in accordance with the terms of this subsection. The number of such data items shall not be less than the number included on the common financial reporting form for the 2005-2006form for the 2008-2009 award year unless a State notifies the Secretary that the State no longer requires those data items for the distribution of State need-based aid.CommentsClose CommentsPermalink





‘(B) ANNUAL REVIEW- The Secretary shall conduct an annual review to determine--CommentsClose CommentsPermalink





‘(i) which data items each State requires to award need-based State aid; andCommentsClose CommentsPermalink





‘(ii) if the State will permit an applicant to file a form described in paragraph (2)(B) or (3)(C).‘(CB).CommentsClose CommentsPermalink





‘(C) FEDERAL REGISTER NOTICE- Beginning with the forms developed under paragraphs (2)(B) and (3)(B) for the award year 2010-2011, the Secretary shall publish on an annual basis a notice in the Federal Register requiring State agencies to inform the Secretary--CommentsClose CommentsPermalink





‘(i) if the State agency is unable to permit applicants to utilize the simplified forms described in paragraphs (2)(B) and (3)(B); andCommentsClose CommentsPermalink





‘(ii) of the State-specific nonfinancial data that the State agency requires for delivery of State need-based financial aid.CommentsClose CommentsPermalink





‘(D) 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)(CB), for applicants who meet the requirements of subsection (b) or (c) of section 479.CommentsClose CommentsPermalink





‘(DE) 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)(CB) 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.CommentsClose CommentsPermalink





‘(EF) 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--CommentsClose CommentsPermalink





‘(i) permit residents of that State to complete simplified forms under paragraphs (2)(B) and (3)(B); andCommentsClose CommentsPermalink





‘(ii) not require any resident of such State to complete any data items previously required by that State under this section.CommentsClose CommentsPermalink





‘(FG) RESTRICTION- The Secretary shall not require applicants to complete any financial or non-, to the extent practicable, not require applicants to complete any financial or nonfinancial data items that are not required--CommentsClose CommentsPermalink





‘(i) by the applicant’s State; orCommentsClose CommentsPermalink





‘(ii) by the Secretary.CommentsClose CommentsPermalink





‘(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 usedform for which a fee is charged shall be used to complete the form prescribed under this section, except that a Federal or State income tax form prepared by a paid income tax preparer or preparer service for the primary purpose of filing a Federal or State income tax return may be used to complete the form prescribed under this section.CommentsClose CommentsPermalink





‘(7) RESTRICTIONS ON USE OF PIN- No person, commercial entity, or other entity shallmay request, obtain, or utilize an applicant’s personal identification number assigned under paragraph (3)(IG) for purposes of submitting a form developed under this subsection on an applicant’s behalf.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(9) EARLY ESTIMATES OF EXPECTED FAMILY CONTRIBUTIONS- The Secretary shall permit an applicant to complete a form- The Secretary shall continue to--CommentsClose CommentsPermalink





‘(A) permit applicants to enter data in such forms as described in this subsection in the years prior to enrollment in order to obtain from the Secretary a nona non-binding estimate of the applicant’s family contribution (as defined in section 473);CommentsClose CommentsPermalink





‘(B) permit applicants to update information submitted on forms described in this subsection, without needing to re-enter previously submitted information;CommentsClose CommentsPermalink





‘(C) develop a means to inform applicants, in the years prior to enrollment, of student aid options for individuals in similar financial situations;CommentsClose CommentsPermalink





‘(D) develop a means to provide a clear and conspicuous notice that 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) is subject to change and may not reflect the final expected family contribution used to determine Federal student financial aid award amounts under this title; andCommentsClose CommentsPermalink





‘(E) consult with representatives of States, institutions of higher education, and other individuals with experience or expertise in student financial assistance application processes in making updates to forms used to provide early estimates under this paragraph.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 areto be so used. The specifications shall contain record layouts for required data. The Secretary shall develop in advance of each processing cycle an annual schedule for providing such specifications. The Secretary, to the extent practicable, shall use multiple means of providing such specifications, including conferences and other meetings, outreach, and technical support mechanisms (such as training and printed reference materials). The Secretary shall, from time to time, solicit from such organizations and consortia means of improving the support provided by the Secretary.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) by redesignating subsections (c) through (e) (as amended by section 101(b)(11)) as subsections (b) through (d), respectively;(3striking subsections (b) and (e);CommentsClose CommentsPermalink





(3) by redesignating subsections (c) and (d) (as amended by section 103(b)(10)) as subsections (b) and (c), respectively;CommentsClose CommentsPermalink





(4) in subsection (c) (as redesignated by paragraph (23)), by striking ‘that is authorized’ and all that follows through the period at the end and inserting ‘or other appropriate provider of technical assistance and information on postsecondary educational services 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 andfor individuals with disabilities, including the National Technical Assistance Center under section 777. The Secretary shall continue to implement, to the extent practicable, a toll-free telephone based system to permit applicants who meet the requirements of 479(c)subsection (b) or (c) of section 479 to submit an application over such system.’;(4) by striking subsection (d) (as redesignated by paragraph (2)) and inserting andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Assistance in Preparation of Financial Aid Application-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 theand for which a fee is charged, the preparer shall--CommentsClose CommentsPermalink





‘(A) include, at the time the form is submitted to the Department, the name, signature, address or employer’s address, social security number or employer identification number, and organizational affiliation of the preparer on the applicant’s form; andCommentsClose CommentsPermalink





‘(B) be subject to the same penalties as an applicant for purposely giving false or misleading information in the application.CommentsClose CommentsPermalink





‘(3) ADDITIONAL REQUIREMENTS- A preparer that provides consultative or preparation services pursuant to this subsection shall--CommentsClose CommentsPermalink





‘(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 are free forms that may be completed without professional assistance via paper or electronic versions of the forms that are provided by the Secretary;CommentsClose CommentsPermalink





‘(B) include in any advertising clear and conspicuous information that the FAFSA and EZ FAFSA may be completed for free are free forms that may be completed without professional assistance via paper or electronic versions of the forms that are provided by the Secretary;CommentsClose CommentsPermalink





‘(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 versionsthat provides the electronic version 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); andCommentsClose CommentsPermalink





‘(E) not charge any fee to any individual seeking services who meets the requirements of subsection (b) or (c) of section 479.‘(4) D) not produce, use, or disseminate any other form for the purpose of applying for Federal student financial aid other than the form developed by the Secretary under subsection (a).CommentsClose CommentsPermalink





‘(4) SPECIAL RULE- Nothing in this Act shall be construed to limit preparers of the financial reporting forms required to be madeorms required under this title that meet the requirements of this subsection from collecting source information from a student or parent, including Internal Revenue Service tax forms, in providing consultative and preparation services in completing the forms.CommentsClose CommentsPermalink





’; and(5) by adding at the end the following:‘(e) Early Application and Estimated Award Demonstration Program-CommentsClose CommentsPermalink





‘(1) PURPOSE- The purpose of the demonstration program implemented under this subsection is to determin AND OBJECTIVES- The purpose of the demonstration program under this subsection is to measure the benefits, in terms of student aspirations and plans to attend an institution of higher education, and any adverse effects, in terms of program costs, integrity, distribution, and delivery of aid under this title, of implementing an early application system for all dependent students that allows dependent students to apply for financial aid using information from two years prior to the year of enrollment. Additional objectives associated with implementation of the demonstration program are the following:CommentsClose CommentsPermalink





‘(A) To measure the feasibility of implementing a comprehensive early applicationenabling dependent students to apply for Federal, State, and institutional financial aid in their junior year of secondary school, using information from two years prior to the year of enrollment, by completing any of the forms under this subsection.CommentsClose CommentsPermalink





‘(B) To identify whether receiving final financial aid award estimates not later than the fall of the senior year of secondary school provides students with additional time to compete for the limited resources available for State and institutional financial aid and notification system for all dependent students and to measure the benefits and costs of such a systempositively impacts the college aspirations and plans of these students.CommentsClose CommentsPermalink





‘(C) To measure the impact of using income information from the years prior to enrollment on--CommentsClose CommentsPermalink





‘(i) eligibility for financial aid under this title and for other State and institutional aid; andCommentsClose CommentsPermalink





‘(ii) the cost of financial aid programs under this title.CommentsClose CommentsPermalink





‘(D) To effectively evaluate the benefits and adverse effects of the demonstration program on program costs, integrity, distribution, and delivery of financial aid.CommentsClose CommentsPermalink





‘(2) PROGRAM AUTHORIZED- Not later than 2 years after the date of enactment of the Higher Education Amendments of 2007two years after the date of enactment of the Higher Education Opportunity Act, the Secretary shall implement an early application demonstration program enabling dependent students who wish to participate in the program--CommentsClose CommentsPermalink





‘(A) to complete an application under this subsection during the academic year that is 2two years prior to the year such students plan to enroll in an institution of higher education; andCommentsClose CommentsPermalink





‘(B) based on the application described in subparagraph (A), to obtain, not later than 1 one year prior to the year of the students’ planned enrollment, information on eligibility for Federal Pell Grants, Federal student loans under this title, and State and institutional financial aid for the student’s first year of enrollment in an the institution of higher education.‘(3) the institution of higher education.CommentsClose CommentsPermalink





‘(3) EARLY APPLICATION AND ESTIMATED AWARD- For all dependent students selected for participation in the demonstration program who submit a completed FAFSA, or, as appropriate, an EZ FAFSA, 2 years prior to the year such students plan two years prior to the year such students plan to enroll in an institution of higher education, the Secretary shall, not later than 1one year prior to the year of such planned enrollment--CommentsClose CommentsPermalink





‘(A) provide each student who meets the requirements under section 479(c) with acompletes an early application with an estimated determination of such student’s--CommentsClose CommentsPermalink





‘(i) expected family contribution for the first year of the student’s enrollment in an institution of higher education; andCommentsClose CommentsPermalink





‘(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 andCommentsClose CommentsPermalink





‘(B) remind the students of the need to update the students’ information during the calendar year of enrollment using the expedited reapplication process provided for in subsection (a)(4)(A).CommentsClose CommentsPermalink





‘(4) PARTICIPANTS- The Secretary shall include, as participants in the demonstration program--CommentsClose CommentsPermalink





‘(A) States selected through the application process described in paragraph (5);CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(C) secondary schools within the selected States that are interested in participating in the demonstration program, and that can commit resources to--CommentsClose CommentsPermalink





‘(i) advertising the availability of the program;CommentsClose CommentsPermalink





‘(ii) identifying students who might be interested in participating in the program;CommentsClose CommentsPermalink





‘(iii) encouraging such students to apply; andCommentsClose CommentsPermalink





‘(iv) participating in the evaluation of the program.CommentsClose CommentsPermalink





‘(5) APPLICATIONS- States that areEach State that is interested in participating in the demonstration program shall submit an application, to the Secretary at such time, in such form, and containing such information as the Secretary shall require. The application shall include--CommentsClose CommentsPermalink





‘(A) information on the amount of the State’s need-based student financial assistance available, and the eligibility criteria for receiving such assistance;CommentsClose CommentsPermalink





‘(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, an estimate of the award of State financial aid to such dependent students;CommentsClose CommentsPermalink





‘(C) a plan for recruiting institutions of higher education and secondary schools with different demographic characteristics to participate in the program;CommentsClose CommentsPermalink





‘(D) a plan for selecting institutions of higher education and secondary schools to participate in the program that--CommentsClose CommentsPermalink





‘(i) demonstrate a commitment to encouraging students to submit a FAFSA, or, as appropriate, an EZ FAFSA, 2two years before the students’ planned date of enrollment in an institution of higher education;CommentsClose CommentsPermalink





‘(ii) serve different populations of students;CommentsClose CommentsPermalink





‘(iii) in the case of institutions of higher education--CommentsClose CommentsPermalink





‘(I) to the extent possible, are of varying types and control; and‘(II) sectors; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(aa) institutional awards to participating dependent students who meet the requirements of section 479(c);‘(bb) estimates of institutional awards to other participating dependent estimated institutional awards to participating dependent students; andCommentsClose CommentsPermalink

‘(cc) expected or tentative awards of grants or other financial aid availablebb) estimated grants or other financial aid available under this title (including supplemental grants under subpart 3 of part A), for all participating dependent students, along with information on State awards, as provided to the institution by the State;CommentsClose CommentsPermalink

‘(E) a commitment to participate in the evaluation conducted by the Secretary; andCommentsClose CommentsPermalink





‘(F) such other information as the Secretary may require.CommentsClose CommentsPermalink





‘(6) SPECIAL PROVISIONS-CommentsClose CommentsPermalink





‘(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)for students participating in the demonstration program.CommentsClose CommentsPermalink





‘(B) WAIVERS- The Secretary is authorized to waive, for an institution participating in the demonstration program, any requirements under the of higher education participating in the demonstration program, any requirements under this title, or regulations prescribed under this title, that wouldill 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.CommentsClose CommentsPermalink





‘(7) OUTREACH- The Secretary shall make appropriate efforts in order to notify States, institutions of higher education, and secondary schools of the demonstration programto notify States of the demonstration program under this subsection. Upon determination of participating States, the Secretary shall continue to make efforts to notify institutions of higher education and dependent students within participating States of the opportunity to participate in the demonstration program and of the participation requirements.CommentsClose CommentsPermalink





‘(8) EVALUATION- The Secretary shall conduct a rigorous evaluation of the demonstration program to measure the program’s benefits and adverse effects, as the benefits and effects relate to the purpose and objectives of the program described in paragraph (1). In conducting the evaluation, the Secretary shall--CommentsClose CommentsPermalink





‘(A) identify whether receiving financial aid awards or estimates, as applicable, 1estimates one year prior to the year in which the student plans to enroll in an institution of higher education, has a positive impact on the higher education aspirations and plans of such student;CommentsClose CommentsPermalink





‘(B) measure the extent to which using a student’s income information from the year that is 2two 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) determineof higher education to make financial aid awards and commitments;CommentsClose CommentsPermalink





‘(C) determine what operational changes would bare required to implement the program on a larger scale;CommentsClose CommentsPermalink





‘(D) identify any changes to Federal law that would bare necessary to implement the program on a permanent basis;CommentsClose CommentsPermalink





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) ; andCommentsClose CommentsPermalink





‘(F) examine the extent to which estimated awards differ from actual awards made to students participating in the program.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Use of IRS Data and ReducedReduction of Income and Asset Information to Determine Eligibility for Student Financial Aid-CommentsClose CommentsPermalink





‘(1) FORMATION OF STUDY GROUP- Not later than 90 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 membership shall include the Secretary of the Treasury, the Director of the Office of Management and Budget, the Director of the Congressional Budget Office, representatives of institutions of higher education with expertise in Federal and State financial aid assistance, State chief executive officers of higher education with a demonstrated commitment to simplifying the FAFSA, and such other individuals as the Comptroller General and the Secretary of Education may designate.‘(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 theCONTINUATION OF CURRENT FAFSA SIMPLIFICATION EFFORTS- The Secretary shall continue to examine--CommentsClose CommentsPermalink





‘(A) how the Internal Revenue Service can provide to the Secretary income and other data needed to compute an 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 for taxpayers and dependents of taxpayers, and when in the application cycle the data can be made available;CommentsClose CommentsPermalink





‘(B) whether data provided by the Internal Revenue Service to pre-populate the electronic can be used to--CommentsClose CommentsPermalink





‘(i) prepopulate 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 ai with student and parent taxpayer data; orCommentsClose CommentsPermalink





‘(ii) generate an expected family contribution without additional action on the part of the student and taxpayer; andCommentsClose CommentsPermalink





‘(C) whether the data elements collected on the FAFSA that are needed to determine eligibility for student aid, or to administer the Federal student financial aid programs under this title, but are not needed to compute an expected family contribution, such as information regarding the student’s citizenship or permanent residency status, registration for selective service, or driver’s license number, can be reduced without causing significant redistribution of Federal grants and subsidized loans under this title.‘(4) REQUIRED SUBJECTS OF STUDY- The study required under paragraph (2) shall consideradverse effects.CommentsClose CommentsPermalink





‘(2) REPORT ON FAFSA SIMPLIFICATION EFFORTS TO DATE- Not later than 90 days after the date of enactment of the Higher Education Opportunity Act, the Secretary shall provide a written report to the authorizing committees on the work the Department has done with the Secretary of the Treasury regarding--CommentsClose CommentsPermalink





‘(A) how the expected family contribution of a student couldan 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 significantwas used on March 31, 2008;CommentsClose CommentsPermalink





‘(B) the extent to which the reduced income and asset information will result in a redistribution of Federal grants and subsidized loans under this title, State aid, or institutional aid, or in a change in the composition of the group of recipients of such aid, whichand the amount of such redistribution;CommentsClose CommentsPermalink





‘(C) how the alternative approaches for calculating the expected family contribution shall, to the extent practicablewill--CommentsClose CommentsPermalink





‘(i) rely mainly, in the case of students and parents who file income tax returns, on information available on the 1040, 1040EZ, and 1040A; andCommentsClose CommentsPermalink





‘(ii) include formulas for adjusting income or asset information to produce similar results to the existing approach with less data;CommentsClose CommentsPermalink





‘(BD) how the Internal Revenue Service can provide to the Secretary of Education income and other data needed to compute an expected family contribution for taxpayers and dependents of taxpayers to the Secretary of Education, and when in the application cycle the data can be made available;CommentsClose CommentsPermalink





‘(CE) whether data provided by the Internal Revenue couldService can be used to--CommentsClose CommentsPermalink





‘(i) prepopulate the electronic version of the FAFSA with student and parent taxpayer data; orCommentsClose CommentsPermalink





‘(ii) generate an expected family contribution without additional action on the part of the student and taxpayer;CommentsClose CommentsPermalink





‘(DF) the extent to which the use of income data from 2 years prior two years prior to a student’s planned enrollment date wouldill change the expected family contribution computed in accordance with part F, and potential adjustments to the need analysis formula that wouldill 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) andCommentsClose CommentsPermalink





‘(G) the extent to which the data elements currently collected, as of the time of the study, on the FAFSAollected on the FAFSA on March 31, 2008, that are needed to determine eligibility for student aid, or to administer or to administer the 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, can be reduced without adverse effects;‘(H.CommentsClose CommentsPermalink





‘(3) STUDY-CommentsClose CommentsPermalink





‘(A) FORMATION OF STUDY GROUP- Not later than 90 days after the date of enactment of the Higher Education Opportunity Act, the Comptroller General shall convene a study group the membership of which shall include the Secretary of Education, the Secretary of the Treasury, the Director of the Office of Management and Budget, the Director of the Congressional Budget Office, representatives of institutions of higher education with expertise in Federal and State financial aid assistance, State chief executive officers of higher education with a demonstrated commitment to simplifying the FAFSA, and such other individuals as the Comptroller General and the Secretary of Education may designate.CommentsClose CommentsPermalink





‘(B) STUDY REQUIRED- The Comptroller General, in consultation with the study group convened under subparagraph (A) shall--CommentsClose CommentsPermalink





‘(i) review and build on the work of the Secretary of Education and the Secretary of the Treasury, and individuals with expertise in analysis of financial need, to assess alternative approaches for calculating the expected family contribution under the statutory need analysis formula in effect on the day before the date of enactment of the Higher Education Opportunity Act and under a new calculation that will use substantially less income and asset information than was used for the 2008-2009 FAFSA;CommentsClose CommentsPermalink





‘(ii) conduct an additional analysis if necessary; andCommentsClose CommentsPermalink





‘(iii) make recommendations to the authorizing committees.CommentsClose CommentsPermalink





‘(C) OBJECTIVES OF STUDY- The objectives of the study required under subparagraph (B) are--CommentsClose CommentsPermalink





‘(i) to determine methods to shorten the FAFSA and make the FAFSA easier and less time-consuming to complete, thereby increasing higher education access for low-income students;CommentsClose CommentsPermalink





‘(ii) to identify changes to the statutory need analysis formula that will be necessary to reduce the amount of financial information students and families need to provide to receive a determination of eligibility for student financial aid without causing significant redistribution of Federal grants and subsidized loans under this title; andCommentsClose CommentsPermalink





‘(iii) to review State and institutional needs and uses for data collected on the FAFSA, and to determine the best means of addressing such needs in the case of modification of the FAFSA as described in clause (i), or modification of the need analysis formula as described in clause (ii).CommentsClose CommentsPermalink





‘(D) REQUIRED SUBJECTS OF STUDY- The study required under subparagraph (B) shall examine--CommentsClose CommentsPermalink





‘(i) with respect to simplification of the financial aid application process using the statutory requirements for need analysis--CommentsClose CommentsPermalink





‘(I) additional steps that can be taken to simplify the financial aid application process for students who (or, in the case of dependent students, whose parents) are not required to file an Federal income tax return for the prior taxable year;CommentsClose CommentsPermalink





‘(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 I) information on State use of information provided on the FAFSA, including--CommentsClose CommentsPermalink

‘(aa) whether a State uses, as of the time of the study, or can use, a student’s expected family contribution based on data from two years prior to the student’s planned enrollment date;CommentsClose CommentsPermalink

‘(bb) the extent to which States and institutions will accept the data provided by the Internal Revenue Service to prepopulate the electronic version of the FAFSA to determine the distribution of State and institutional student financial aid funds;CommentsClose CommentsPermalink

‘(cc) what data are used by States, as of the time of the study, to determine eligibility for State student financial aid, and whether the data are used for merit- or need-based aid;CommentsClose CommentsPermalink

‘(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) whetherdd) whether State 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 andCommentsClose CommentsPermalink

‘(ee) the extent to which any State-specific information requirements couldan be met by completion of a State application linked to the electronic version of the FAFSA; andCommentsClose CommentsPermalink

‘(vi) whether the State can use, as of the time of the study, or could use, a student’sIII) 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; andCommentsClose CommentsPermalink





‘(ii) ways to reduce the amount of financial information students and families need to provide to receive a determination of eligibility for student financial aid, taking into account--CommentsClose CommentsPermalink





‘(I) the amount of redistribution of Federal grants and subsidized loans under this title caused by such a reduction, and the benefits to be gained by having an application process that will be easier for students and their families;CommentsClose CommentsPermalink





‘(II) students and families who do not file income tax returns;CommentsClose CommentsPermalink





‘(III) the extent to which the full array of income and asset information collected on the FAFSA, as of the time of the study, plays an important role in the awarding of need-based State financial aid, and whether the State can use an expected family contribution based on data from 2 years prior to the student’s planned enrollment date andgenerated by the FAFSA, instead of income and asset information or a calculation with reduced data elements , to support determinations of eligibility for such State aid programs and, if not, what additional information wouldill be needed or what changes wouldto the FAFSA will be required; andCommentsClose CommentsPermalink





‘(JIV) 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; andCommentsClose CommentsPermalink





‘(V) changes to this Act or other laws that will be required to implement a modified need analysis system.CommentsClose CommentsPermalink





‘(4) CONSULTATION- The Secretary shall consult with the Advisory Committee on Student Financial Assistance established under section 491 as appropriate in carrying out this subsection.CommentsClose CommentsPermalink





‘(7) REPORT- Not later than 15) REPORTS-CommentsClose CommentsPermalink





‘(A) REPORTS ON STUDY- The Secretary shall prepare and submit to the authorizing committees--CommentsClose CommentsPermalink





‘(i) not later than one year 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 theOpportunity Act, an interim report on the progress of the study required under paragraph (3) that includes any preliminary recommendations by the study group established under such paragraph; andCommentsClose CommentsPermalink





‘(ii) not later than two years after the date of enactment of the Higher Education Opportunity Act, a final report on the results of the study required under this subsection to the authorizing committeesparagraph (3) that includes recommendations by the study group established under such paragraph.CommentsClose CommentsPermalink





‘(B) REPORTS ON FAFSA SIMPLIFICATION EFFORTS- The Secretary shall report to the authorizing committees, from time to time, on the progress of the simplification efforts under this subsection.CommentsClose CommentsPermalink





‘(g) Addressing the Digital Divide- The Secretary shall utilize savings accrued by moving more applicants to the electronic version of the forms described in subsection (a)(3) to improve access to the electronic version of the forms described in such subsection for applicants meeting the requirements of subsection (b) or (c) of section 479.CommentsClose CommentsPermalink





‘(h) Adjustments- The Secretary shall disclose, on the form notifying a student of the student’s expected family contribution, that the student may, on a case-by-case basis, qualify for an adjustment under section 479A to the cost of attendance or the values of the data items required to calculate the expected contribution for the student or parent. Such disclosure shall specify--CommentsClose CommentsPermalink





‘(1) the special circumstances under which a student or family member may qualify for such adjustment; andCommentsClose CommentsPermalink





‘(2) additional information regarding the steps a student or family member may take in order to seek an adjustment under section 479A.’.CommentsClose CommentsPermalink

SEC. 47484. MODEL INSTITUTION FINANCIAL AID OFFER FORM.CommentsClose CommentsPermalink

SEC. 485. STUDENT ELIGIBILITY.CommentsClose CommentsPermalink

(a) Amendments- Section 484 (20 U.S.C. 1091) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (4)(B), by striking ‘number,’ and all that follows through the semicolon and inserting ‘number;’; andCommentsClose CommentsPermalink





(B) in paragraph (5)--CommentsClose CommentsPermalink





(i) by inserting ‘or’ after ‘a permanent resident of the United States,’; andCommentsClose CommentsPermalink





(ii) by striking ‘citizen or permanent resident’ and all that follows through the semicolon and inserting ‘citizen or permanent resident;’;CommentsClose CommentsPermalink





(2) in subsection (b)(1), by inserting ‘, or under section 428H pursuant to an exercise of discretion under section 479A’ after ‘428C’;CommentsClose CommentsPermalink





(3) in subsection (d), by adding at the end the following:CommentsClose CommentsPermalink





‘(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 upon satisfactory completion of six credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education.’;CommentsClose CommentsPermalink





(24) by striking subsection (j);CommentsClose CommentsPermalink





(5) by striking subsection (l) and inserting the following:CommentsClose CommentsPermalink





‘(l) Courses Offered Through Distance Education-CommentsClose CommentsPermalink





‘(1) RELATION TO CORRESPONDENCE COURSES-CommentsClose CommentsPermalink





‘(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 graduaterecognized associate, recognized baccalaureate, or recognized graduate degree, conferred by such institution, shall not be considered to be enrolled in correspondence courses.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) SPECIAL RULE- For award years prior to July 1, beginning prior to July 1, 2008, the Secretary shall not take any compliance, disallowance, penalty, or other action based on a violation of this subsection against a student or an eligible institution when such action arises out of such institution’s prior award of student assistance under this title if the institution demonstrates to the satisfaction of the Secretary that its course of instruction would have been in conformance with the requirements of this subsection.’;CommentsClose CommentsPermalink





and(3) by adding at the end the (6) by striking subsection (q) and inserting the following: CommentsClose CommentsPermalink





‘(q) Use of Income Data-CommentsClose CommentsPermalink





‘(1) MATCHING WITH IRS- The Secretary, in cooperation with the Secretary of the Treasury, is authorized to obtain from the Internal Revenue Service such information reported on Federal income tax returns by applicants, or by any other person whose financial information is required to be provided on the Federal student financial aid application, as the Secretary determines is necessary for the purpose of--CommentsClose CommentsPermalink





‘(A) prepopulating the Federal student financial aid application described in section 483; orCommentsClose CommentsPermalink





‘(B) verifying the information reported on such student financial aid applications.CommentsClose CommentsPermalink





‘(2) CONSENT- The Secretary may require that applicants for financial assistance under this title provide a consent to the disclosure of the data described in paragraph (1) as a condition of the student receiving assistance under this title. The parents of an applicant, in the case of a dependent student, or the spouse of an applicant, in the case of an applicant who is married but files separately, may also be required to provide consent as a condition of the student receiving assistance under this title.’;CommentsClose CommentsPermalink





(7) in subsection (r)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘or’ at the end of clause (ii);CommentsClose CommentsPermalink





(B) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink





‘(B) the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the Secretary shall prescribe in regulations for purposes of subparagraph (A)(i); or’;CommentsClose CommentsPermalink





(8) by adding at the end the following:CommentsClose CommentsPermalink





‘(s) Students With Intellectual Disabilities-CommentsClose CommentsPermalink





Notwithstanding subsection (a), in order to receive ‘(1) DEFINITIONS- In this subsection the terms ‘comprehensive transition and postsecondary program for students with intellectual disabilities’ and ‘student with an intellectual disability’ have the meanings given the terms in section 760. CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- Notwithstanding subsections (a), (c), and (d), 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 ection 401, subpart 3 of part A, or part C, a student with an intellectual disability shall--CommentsClose CommentsPermalink





‘(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 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;‘(3A) 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);‘(4program for students with intellectual disabilities at an institution of higher education;CommentsClose CommentsPermalink





‘(B) be maintaining satisfactory progress in the program as determined by the institution, in accordance with standards established by the institution; andCommentsClose CommentsPermalink





‘(5C) meet the requirements of paragraphs (3), (4), (5), and (6) of subsection (a).CommentsClose CommentsPermalink





‘(3) AUTHORITY- Notwithstanding any other provision of law unless such provision is enacted with specific reference to this section, the Secretary is authorized to waive any statutory provision applicable to the student financial assistance programs under section 401, subpart 3 of part A, or part C (other than a provision of part F related to such a program), or any institutional eligibility provisions of this title, as the Secretary determines necessary to ensure that programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection may receive such financial assistance.CommentsClose CommentsPermalink





‘(4) REGULATIONS- Notwithstanding regulations applicable to grant or work assistance awards made under section 401, subpart 3 of part A, and part C (other than a regulation under part F related to such an award), including with respect to eligible programs, instructional time, credit status, and enrollment status as described in section 481, the Secretary shall promulgate regulations allowing programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection to receive such awards.’; andCommentsClose CommentsPermalink





(9) by adding after subsection (s) (as added by paragraph (7)) the following:CommentsClose CommentsPermalink





‘(t) Data Analysis on Access to Federal Student Aid For Certain Populations-CommentsClose CommentsPermalink





‘(1) DEVELOPMENT OF THE SYSTEM- Within one year of enactment of the Higher Education Opportunity Act, the Secretary shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of students denied Federal student aid based on a drug conviction while receiving Federal aid.CommentsClose CommentsPermalink





‘(2) RESULTS FROM ANALYSIS- The results from the analysis of such information shall be made available on a continuous basis via the Department website and the Digest of Education Statistics.CommentsClose CommentsPermalink





‘(3) DATA UPDATING- The data analyzed under this subsection shall be updated at the beginning of each award year and at least one additional time during such award year.CommentsClose CommentsPermalink





‘(4) REPORT TO CONGRESS- The Secretary shall prepare and submit to the authorizing committees, in each fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this subsection.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take affect on July 1, 2008effect on July 1, 2010, except that the amendments made by paragraphs (3), (4), and (8) of such subsection shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 47586. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS.CommentsClose CommentsPermalink

Section 484A (20 U.S.C. 1091a) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 476. INSTITUTIONAL REFUNDS.(a) Amendment- Section 484B(c)(2)87. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.CommentsClose CommentsPermalink

Part G of title IV (20 U.S.C. 1091B(c)(2)) is amended by striking ‘may determine the appropriate withdrawal date.’ and inserting ‘may determine--

‘(A) the appropriate withdrawal date; and‘(B) that the requirements of subsection (b)(2) do not apply to the student.’.

(b) Effective Date- The amendment made by88 et seq.) is amended by inserting after section 484B the following:CommentsClose CommentsPermalink

‘SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.CommentsClose CommentsPermalink

‘(a) Definition of Service in the Uniformed Services- In this section, the term ‘service in the uniformed services’ means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve, for a period of more than 30 days under a call or order to active duty of more than 30 days.CommentsClose CommentsPermalink





‘(b) Discrimination Against Students Who Serve in the Uniformed Services Prohibited- A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied readmission to an institution of higher education on the basis of that membership, application for membership, performance of service, application for service, or obligation.CommentsClose CommentsPermalink





‘(c) Readmission Procedures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Any student whose absence from an institution of higher education is necessitated by reason of service in the uniformed services shall be entitled to readmission to the institution of higher education if--CommentsClose CommentsPermalink





‘(A) the student (or an appropriate officer of the Armed Forces or official of the Department of Defense) gives advance written or verbal notice of such service to the appropriate official at the institution of higher education;CommentsClose CommentsPermalink





‘(B) the cumulative length of the absence and of all previous absences from that institution of higher education by reason of service in the uniformed services does not exceed five years; andCommentsClose CommentsPermalink





‘(C) except as otherwise provided in this section, the student submits a notification of intent to reenroll in the institution of higher education in accordance with the provisions of paragraph (4).CommentsClose CommentsPermalink





‘(2) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) MILITARY NECESSITY- No notice is required under paragraph (1)(A) if the giving of such notice is precluded by military necessity, such as--CommentsClose CommentsPermalink





‘(i) a mission, operation, exercise, or requirement that is classified; orCommentsClose CommentsPermalink





‘(ii) a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by public knowledge.CommentsClose CommentsPermalink





‘(B) FAILURE TO GIVE ADVANCE NOTICE- Any student (or an appropriate officer of the Armed Forces or official of the Department of Defense) who did not give advance written or verbal notice of service to the appropriate official at the institution of higher education in accordance with paragraph (1)(A) may meet the notice requirement by submitting, at the time the student seeks readmission, an attestation to the student’s institution of higher education that the student performed service in the uniformed services that necessitated the student’s absence from the institution of higher education.CommentsClose CommentsPermalink





‘(3) APPLICABILITY- This section shall apply to a student who is absent from an institution of higher education by reason of service in the uniformed services if such student’s cumulative period of service in the Armed Forces (including the National Guard or Reserve), with respect to the institution of higher education for which a student seeks readmission, does not exceed five years, except that any such period of service shall not include any service--CommentsClose CommentsPermalink





‘(A) that is required, beyond five years, to complete an initial period of obligated service;CommentsClose CommentsPermalink





‘(B) during which such student was unable to obtain orders releasing such student from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such student; orCommentsClose CommentsPermalink





‘(C) performed by a member of the Armed Forces (including the National Guard and Reserves) who is--CommentsClose CommentsPermalink





‘(i) ordered to or retained on active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of title 10, United States Code, or under section 331, 332, 359, 360, 367, or 712 of title 14, United States Code;CommentsClose CommentsPermalink





‘(ii) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress, as determined by the Secretary concerned;CommentsClose CommentsPermalink





‘(iii) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 12304 of title 10, United States Code;CommentsClose CommentsPermalink





‘(iv) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the Armed Forces (including the National Guard or Reserve); orCommentsClose CommentsPermalink





‘(v) called into Federal service as a member of the National Guard under chapter 15 of title 10, United States Code, or section 12406 of title 10, United States Code.CommentsClose CommentsPermalink





‘(4) NOTIFICATION OF INTENT TO RETURN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), a student referred to in subsection (a) shall take effect on July 1, 2008, upon the completion of a period of service in the uniformed services, notify the institution of higher education of the student’s intent to return to the institution not later than three years after the completion of the period of service.CommentsClose CommentsPermalink





‘(B) HOSPITALIZATION OR CONVALESCENCE- A student who is hospitalized for or convalescing from an illness or injury incurred in or aggravated during the performance of service in the uniformed services shall notify the institution of higher education of the student’s intent to return to the institution not later than two years after the end of the period that is necessary for recovery from such illness or injury.CommentsClose CommentsPermalink





‘(C) SPECIAL RULE- A student who fails to apply for readmission within the period described in this section shall not automatically forfeit such eligibility for readmission to the institution of higher education, but shall be subject to the institution of higher education’s established leave of absence policy and general practices.CommentsClose CommentsPermalink





‘(5) DOCUMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A student who submits an application for readmission to an institution of higher education under this section shall provide to the institution of higher education documentation to establish that--CommentsClose CommentsPermalink





‘(i) the student has not exceeded the service limitations established under this section; andCommentsClose CommentsPermalink





‘(ii) the student’s eligibility for readmission has not been terminated due to an exception in subsection (d).CommentsClose CommentsPermalink





‘(B) PROHIBITED DOCUMENTATION DEMANDS- An institution of higher education may not delay or attempt to avoid a readmission of a student under this section by demanding documentation that does not exist, or is not readily available, at the time of readmission.CommentsClose CommentsPermalink





‘(6) NO CHANGE IN ACADEMIC STATUS- A student who is readmitted to an institution of higher education under this section shall be readmitted with the same academic status as such student had when such student last attended the institution of higher education.CommentsClose CommentsPermalink





‘(d) Exception From Readmission Eligibility- A student’s eligibility for readmission to an institution of higher education under this section by reason of such student’s service in the uniformed services terminates upon the occurrence of any of the following events:CommentsClose CommentsPermalink





‘(1) A separation of such person from the Armed Forces (including the National Guard and Reserves) with a dishonorable or bad conduct discharge.CommentsClose CommentsPermalink





‘(2) A dismissal of such person permitted under section 1161(a) of title 10, United States Code.CommentsClose CommentsPermalink





‘(3) A dropping of such person from the rolls pursuant to section 1161(b) of title 10, United States Code.’.CommentsClose CommentsPermalink

SEC. 47788. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.CommentsClose CommentsPermalink

Section 485(a) Information Dissemination Activities- Section 485(a) (20 U.S.C. 1092) is amended--(1) in subsection (a(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in paragraph (1)--(i) in subparagraph (G)--CommentsClose CommentsPermalink





(Ii) by striking ‘program, and’ and inserting ‘program,’; andCommentsClose CommentsPermalink





(IIii) by inserting ‘, and (iv) any plans by the institution for improving the academic program of the institution’ after ‘instructional personnel’; andCommentsClose CommentsPermalink





(iiB) by striking subparagraph (M) and inserting the following:CommentsClose CommentsPermalink





‘(M) the terms and conditions of the loans that students receive under parts B, D, and E;’;CommentsClose CommentsPermalink





(iii) in subparagraphC) in subparagraph (N), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ivD) in subparagraph (O), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(vE) by adding at the end the following:CommentsClose CommentsPermalink





‘(P) institutional policies and sanctions related to copyright infringement, including--CommentsClose CommentsPermalink





‘(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;CommentsClose CommentsPermalink





‘(ii) a summary of the penalties for violation of Federal copyright laws;‘(iii) a description of the institution’s andCommentsClose CommentsPermalink





‘(iii) a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system; and‘(iv) a description of actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material on the institution’s information technology system;CommentsClose CommentsPermalink





‘(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)--CommentsClose CommentsPermalink





‘(i) are male;CommentsClose CommentsPermalink





‘(ii) are female;CommentsClose CommentsPermalink





‘(iii) receive a Federal Pell Grant; andCommentsClose CommentsPermalink





‘(iv) are a self-identified member of a major racial or ethnic group;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(S) the types of graduate and professional education in which graduates of the institution’s 4four-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;CommentsClose CommentsPermalink





‘(T) the fire safety report prepared by the institution pursuant to subsection (i);CommentsClose CommentsPermalink





and‘(U) the retention rate of certificate- or degree-seeking, first-time, full-time, undergraduate students entering such institution.’;(B; andCommentsClose CommentsPermalink





‘(V) institutional policies regarding vaccinations.’; andCommentsClose CommentsPermalink





(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) For purposes of this section, institutions may--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(C3) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) The information disclosed under subparagraph (L) of paragraph (1(A)(i) Subject to clause (ii), the information disseminated under paragraph (1)(L), or reported under subsection (e), shall include informationbe 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 partpart B or D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant, and by recipients of neither a Federal Pell Grant nor a loan made under this part or partpart B or D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan), if the number of students in such subgroup or with such status is sufficient to yield statistically reliable information and reporting wouldill 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.CommentsClose CommentsPermalink





’;(2) in subsection (b)--(A) in paragraph (1)(A), by striking the subparagraph designation and all that follows through ‘465.’ and inserting the following:‘ ‘(ii) The requirements of clause (i) shall not apply to two-year, degree-granting institutions of higher education until academic year 2011-2012. CommentsClose CommentsPermalink





‘(B)(i) In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation with the Commissioner for Education Statistics, shall, not later than 90 days after the date of enactment of the Higher Education Opportunity Act, convene a group of representatives from diverse institutions of higher education, experts in the field of higher education policy, state higher education officials, students, and other stakeholders in the higher education community, to develop recommendations regarding the accurate calculation and reporting of the information required to be disseminated or reported under paragraph (1)(L) and subsection (e) by two-year, degree-granting institutions of higher education. In developing such recommendations, the group of representatives shall consider the mission and role of two-year degree-granting institutions of higher education, and may recommend additional or alternative measures of student success for such institutions in light of the mission and role of such institutions.CommentsClose CommentsPermalink





‘(ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, degree-granting institutions of higher education, the public, and the authorizing committees not later than 18 months after the first meeting of the group of representatives convened under clause (i).CommentsClose CommentsPermalink





‘(iii) The Secretary shall use the recommendations from the group of representatives convened under clause (i) to provide technical assistance to two-year, degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e).CommentsClose CommentsPermalink





‘(iv) The Secretary may modify the information required to be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher--CommentsClose CommentsPermalink





‘(I) based on the recommendations received under this subparagraph from the group of representatives convened under clause (i);CommentsClose CommentsPermalink





‘(II) to include additional or alternative measures of student success if the goals of the provisions of paragraph (1)(L) and subsection (e) can be met through additional means or comparable alternatives; andCommentsClose CommentsPermalink





‘(III) during the period beginning on the date of enactment of the Higher Education Opportunity Act, and ending on June 30, 2011.’.CommentsClose CommentsPermalink





(b) Exit Counseling- Subsection (b)(1)(A) of section 485 (20 U.S.C. 1092(b)(1)(A)) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Exit Counseling for Borrowers- (1)(A) Each eligible institution shall, through financial aid offices or otherwise, provide counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 428C or loans made to parents pursuant to section 428B), or made under part D (other than Federal Direct under section 428B made on behalf of a student) or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made to parents) or E,on behalf of a student) or made under part E of this title prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include--CommentsClose CommentsPermalink





‘(i) information on the repayment plans available, including a discussescription 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 determinespayments, and the difference in interest paid and total payments, under each plan;CommentsClose CommentsPermalink





‘(ii) debt management strategies that are designed to facilitate the repayment of such indebtedness;CommentsClose CommentsPermalink





‘(ivii) an explanation that the borrower has the ability to prepay each such loan, pay theoptions to prepay each loan, pay each loan on a shorter schedule, and change repayment plans;CommentsClose CommentsPermalink





‘(v)iv) for any loan forgiveness or cancellation provision of this title, a general description of the terms and conditions under which the studentborrower 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 principal and interest, and a copy of the information provided by the Secretary under section 485(d);CommentsClose CommentsPermalink





‘(v) for any forbearance provision of this title, a general description of the terms and conditions under which the studentborrower 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;‘(vi, and a copy of the information provided by the Secretary under section 485(d);CommentsClose CommentsPermalink





‘(vi) the consequences of default on such loans;‘(viing on a loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation;CommentsClose CommentsPermalink





‘(vii) information on the effects of using a consolidation loan under section 428C or a Federal Direct Consolidation Loan to discharge the borrower’s loans under parts B, D, and E, including, at a minimum--CommentsClose CommentsPermalink





‘(I) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;CommentsClose CommentsPermalink





‘(II) the effects of consolidation on a borrower’s underlying loan benefits, including all grace periods, loan forgiveness, cancellation, and deferment opportunities;CommentsClose CommentsPermalink





‘(III) the ability of the borrower to prepay the loan oroption of the borrower to prepay the loan or to change repayment plans; andCommentsClose CommentsPermalink





‘(IV) that borrower benefit programs may vary among different loan holdenders;CommentsClose CommentsPermalink





‘(viii) a general description of the types of tax benefits that may be available to borrowers; andCommentsClose CommentsPermalink





‘(ix) a notice to borrowers about the availability of the National Student Loan Data System and how the system can be used by a borrower to obtain information on the status of the borrower’s loans; and’.CommentsClose CommentsPermalink





(c) Departmental Publication of Descriptions of Assistance Programs- Section 485(d) (20 U.S.C. 1092(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting after ‘under this title.’ the following: ‘Such information shall also include information on the various payment options available for student loans, including income-sensitive and income-based repayment plans for loans made, insured, or guaranteed under part B and income-contingent and income-based repayment plans for loans made under part D.’; andCommentsClose CommentsPermalink





(B) by inserting after ‘tax-exempt organization.’ the following: ‘The Secretary shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’;(3) in subsection (d)(2)--(A) by inserting ‘grant assistance, as well as State’ after ‘describing State’; and(B) by inserting ‘and other means, including through the Internet’ before the period at the end;(4) in subsection (e), by striking paragraph (3) and inserting the following:‘(3) For purposes of this subsection, institutions 4) The Secretary shall widely publicize the location of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such information by prospective students, enrolled students, families of prospective and enrolled students, and borrowers.’.CommentsClose CommentsPermalink





(d) Disclosure of Athletically Related Graduation Rates- Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) For purposes of this subsection, institutions may--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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 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.’;(5) in subsection (f.CommentsClose CommentsPermalink





(e) Criminal Offenses Reported- Section 485(f) (20 U.S.C. 1092(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in paragraph (1)--(i) the matter preceding subparagraph (A), by inserting ‘, other than a foreign institution ofthe matter preceding subparagraph (A), by inserting ‘, other than a foreign institution higher education,’ after ‘under this title’;CommentsClose CommentsPermalink





and(ii) by adding at the end the following:‘(J) A statement of current campus (B) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: CommentsClose CommentsPermalink





‘(i) the law enforcement authority of campus security personnel;CommentsClose CommentsPermalink





‘(ii) the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; andCommentsClose CommentsPermalink





‘(iii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.’;CommentsClose CommentsPermalink





(C) in subparagraph (F)(ii)--CommentsClose CommentsPermalink





(i) by striking ‘clause (i), and’ and inserting ‘clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of’; andCommentsClose CommentsPermalink





(ii) by inserting a comma after ‘any person’; andCommentsClose CommentsPermalink





(D) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(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 to--CommentsClose CommentsPermalink





‘(i) immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation, involving an immediate threat to the health or safety of students or staff, occurring on the campus;‘(ii) to, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;CommentsClose CommentsPermalink





‘(ii) publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; andCommentsClose CommentsPermalink





‘(iii) to test emergency response and evacuation procedures on an annual basis.’;CommentsClose CommentsPermalink





(B2) by redesignating paragraph (15) as paragraph (17); and(C8); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (14) the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





’; and(6) by adding at the end the following ‘(17) Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this title to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection.’. CommentsClose CommentsPermalink





(f) Report- Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (B);CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;CommentsClose CommentsPermalink





(3) in subparagraph (B) (as redesignated by paragraph (2)), by striking ‘and the report to Congress described in subparagraph (B)’; andCommentsClose CommentsPermalink





(4) in subparagraph (C) (as redesignated by paragraph (2)), by striking ‘the information reported under subparagraph (B) and’.CommentsClose CommentsPermalink





(g) Additional Requirements- Section 485 (20 U.S.C. 1092) is further amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(h) Transfer of Credit Policies-CommentsClose CommentsPermalink





‘(1) DISCLOSURE- Each institution of higher education participating in any program under this title shall publicly disclose, in a readable and comprehensible manner, the transfer of credit policies established by the institution which shall include a statement of the institution’s current transfer of credit policies that includes, at a minimum--CommentsClose CommentsPermalink





‘(A) any established criteria the institution uses regarding the transfer of credit earned at another institution of higher education; andCommentsClose CommentsPermalink





‘(B) a list of institutions of higher education with which the institution has established an articulation agreement.CommentsClose CommentsPermalink





‘(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to--CommentsClose CommentsPermalink





‘(A) authorize the Secretary or the Accreditation andNational Advisory Committee on Institutional Quality and Integrity Advisory Committee to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(C) limit the application of the General Education Provisions Act; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(i) Disclosure of Fire Safety Standards and Measures-CommentsClose CommentsPermalink





‘(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT HOUSING REQUIRED- Each eligible institution participating in any program under this title shall, on an annual that maintains on-campus student housing facilities shall, on an annual basis, publish a fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, including--CommentsClose CommentsPermalink





‘(A) statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available--:CommentsClose CommentsPermalink





‘(i) the number of fires and the cause of each fire;CommentsClose CommentsPermalink





‘(ii) the number of injuries related to a fire that result in treatment at a medical facility;CommentsClose CommentsPermalink





‘(iii) the number of deaths related to a fire; andCommentsClose CommentsPermalink





‘(iv) the value of property damage caused by a fire;CommentsClose CommentsPermalink





‘(B) a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;CommentsClose CommentsPermalink





‘(C) the number of regular mandatory supervised fire drills;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(E) plans for future improvements in fire safety, if determined necessary by such institution.CommentsClose CommentsPermalink





‘(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 paragraph (1)(A).CommentsClose CommentsPermalink





‘(3) CURRENT INFORMATION TO CAMPUS COMMUNITY- Each eligible institution participating in any program under this title shall--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) make annual reports to the campus community on such fires.CommentsClose CommentsPermalink





‘(4) RESPONSIBILITIES OF THE SECRETARY- The Secretary shall--CommentsClose CommentsPermalink





‘(A) make such statistics submitted to the Secretary available to thethe statistics submitted under paragraph (1)(A) to the Secretary available to the public; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) identify exemplary fire safety policies, procedures, programs, and practices;‘(ii) disseminate information , including the installation, to the technical standards of the National Fire Protection Association, of fire detection, prevention, and protection technologies in student housing, dormitories, and other buildings;CommentsClose CommentsPermalink





‘(ii) disseminate the exemplary policies, procedures, programs and practices described in clause (i) to the Administrator of the United States Fire Administration;CommentsClose CommentsPermalink





‘(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; andCommentsClose CommentsPermalink





‘(iv) develop a protocol for institutions to review the status of their fire safety systems.CommentsClose CommentsPermalink





‘(5) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed to--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) affect section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 1974) or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note);CommentsClose CommentsPermalink





‘(C) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; andorCommentsClose CommentsPermalink





‘(D) establish any standard of care.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





’.SEC. 478. ENTRANCE COUNSELING REQUIRED.Section 485 (as amended by section 477) is further amended--(1) by redesignating subsections (b) through (i) as subsections (c) through (j), respectively; and(2) by inserting after subsection (a) ‘(j) Missing Person Procedures- CommentsClose CommentsPermalink





‘(1) OPTION AND PROCEDURES- Each institution of higher education that provides on-campus housing and participates in any program under this title shall--CommentsClose CommentsPermalink





‘(A) establish a missing student notification policy for students who reside in on-campus housing that--CommentsClose CommentsPermalink





‘(i) informs each such student that such student has the option to identify an individual to be contacted by the institution not later than 24 hours after the time that the student is determined missing in accordance with official notification procedures established by the institution under subparagraph (B);CommentsClose CommentsPermalink





‘(ii) provides each such student a means to register confidential contact information in the event that the student is determined to be missing for a period of more than 24 hours;CommentsClose CommentsPermalink





‘(iii) advises each such student who is under 18 years of age, and not an emancipated individual, that the institution is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing in accordance with such procedures;CommentsClose CommentsPermalink





‘(iv) informs each such residing student that the institution will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing in accordance with such procedures; andCommentsClose CommentsPermalink





‘(v) requires, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing person report has been missing for more than 24 hours and has not returned to the campus, the institution to initiate the emergency contact procedures in accordance with the student’s designation; andCommentsClose CommentsPermalink





‘(B) establish official notification procedures for a missing student who resides in on-campus housing that--CommentsClose CommentsPermalink





‘(i) includes procedures for official notification of appropriate individuals at the institution that such student has been missing for more than 24 hours;CommentsClose CommentsPermalink





‘(ii) requires any official missing person report relating to such student be referred immediately to the institution’s police or campus security department; andCommentsClose CommentsPermalink





‘(iii) if, on investigation of the official report, such department determines that the following:‘(bmissing student has been missing for more than 24 hours, requires--CommentsClose CommentsPermalink





‘(I) such department to contact the individual identified by such student under subparagraph (A)(i);CommentsClose CommentsPermalink





‘(II) if such student is under 18 years of age, and not an emancipated individual, the institution to immediately contact the custodial parent or legal guardian of such student; andCommentsClose CommentsPermalink





‘(III) if subclauses (I) or (II) do not apply to a student determined to be a missing person, inform the appropriate law enforcement agency.CommentsClose CommentsPermalink





‘(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed--CommentsClose CommentsPermalink





‘(A) to provide a private right of action to any person to enforce any provision of this subsection; orCommentsClose CommentsPermalink





‘(B) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability.CommentsClose CommentsPermalink





‘(k) Notice to Students Concerning Penalties for Drug Violations-CommentsClose CommentsPermalink





‘(1) NOTICE UPON ENROLLMENT- Each institution of higher education shall provide to each student, upon enrollment, a separate, clear, and conspicuous written notice that advises the student of the penalties under section 484(r).CommentsClose CommentsPermalink





‘(2) NOTICE AFTER LOSS OF ELIGIBILITY- An institution of higher education shall provide in a timely manner to each student who has lost eligibility for any grant, loan, or work-study assistance under this title as a result of the penalties listed under 484(r)(1) a separate, clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which the student can regain eligibility under section 484(r)(2).CommentsClose CommentsPermalink





‘(l) Entrance Counseling for Borrowers-CommentsClose CommentsPermalink





‘(1) DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT-CommentsClose CommentsPermalink





‘(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(other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan. Such information shall be provided in in accordance with subparagraph (B). Such information--CommentsClose CommentsPermalink





‘(i) shall be provided in a simple and understandable terms and may be provided--‘(imanner; andCommentsClose CommentsPermalink





‘(ii) may be provided--CommentsClose CommentsPermalink





‘(I) during an entrance counseling session conducted in person;‘(iiion in person;CommentsClose CommentsPermalink





‘(II) on a separate written form provided to the borrower that the borrower signs and returns to the institution; orCommentsClose CommentsPermalink





‘(iiiIII) online, with the borrower acknowledging receipt and understanding of the information.CommentsClose CommentsPermalink





‘(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’’s understanding of the terms and conditions of the borrowers’’s loans under part B or D, using comprehensible language and displays with simple and understandable language and clear formatting.CommentsClose CommentsPermalink





‘(2) INFORMATION TO BE PROVIDED- The information to be provided to the borrower under paragraph (1)(A) shall include--‘(A) a the following:CommentsClose CommentsPermalink





‘(A) To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.CommentsClose CommentsPermalink





‘(B) An explanation of the use of the Master Promissory Note;‘(B) in the case of a loan made under sectionmaster promissory note.CommentsClose CommentsPermalink





‘(C) Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.CommentsClose CommentsPermalink





‘(D) In the case of a loan made under section 428B or 428H, a Federal Direct PLUS Loan, or a Federal Direct Unsubsidized Stafford Loan--‘(i) the ability, the option of the borrower to pay the interest while the borrower is in school; and‘(ii) how often interest is capitalized;‘(C) t.CommentsClose CommentsPermalink





‘(E) The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining half-time enrollment;‘(D) a.CommentsClose CommentsPermalink





‘(F) An explanation of the importance of contacting the appropriate institutional officesoffices at the institution of higher education if the borrower withdraws prior to completing the borrower’s program of study so that the institution can provide exit counseling, including information regarding the borrower’s repayment options and loan consolidation;‘(E) t.CommentsClose CommentsPermalink





‘(G) Sample monthly repayment amounts based on--CommentsClose CommentsPermalink





‘(i) a range of levels of indebtedness of--CommentsClose CommentsPermalink





‘(I) borrowers of loans under section 428 or 428H; andCommentsClose CommentsPermalink





‘(II) as appropriate, graduate borrowers of loans under section 428, 428B, or 428H; orCommentsClose CommentsPermalink





‘(ii) the average cumulative indebtedness of other borrowers in the same program as the borrower at the same institution.CommentsClose CommentsPermalink





‘(H) 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) i, regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion.CommentsClose CommentsPermalink





‘(I) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation.CommentsClose CommentsPermalink





‘(J) Information on the National Student Loan Data System and how the borrower can access the borrower’s records; and‘(G) the name of an.CommentsClose CommentsPermalink





‘(K) The name of and contact information for the individual the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan.’.CommentsClose CommentsPermalink

SEC. 4789. NATIONAL STUDENT LOAN DATA SYSTEM.CommentsClose CommentsPermalink

Section 485B (20 U.S.C. 1092b) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;CommentsClose CommentsPermalink





(B) in paragraph (5) (as added by Public Law 101-610), by striking ‘effectiveness.’ and inserting ‘effectiveness;’; andCommentsClose CommentsPermalink





(C) by redesignating paragraph (5) (as added by Public Law 101-234) as paragraph (6);CommentsClose CommentsPermalink





(2) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Principles for Administering the Data System- In managing the National Student Loan Data System, the Secretary shall take actions necessary to maintain confidence in the data system, including, at a minimum--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) prohibiting nongovernmental researchers and policy analysts from accessing personally identifiable information;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(C) defines and explains the categories of information included in the data system;CommentsClose CommentsPermalink





‘(D) provides a summary of the provisions of section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 1974) and other applicable Federal privacy statutes, and a statement of the students’ rights and responsibilities with respect to such statutes;CommentsClose CommentsPermalink





‘(E) explains the measures taken by the Department to safeguard the students’ data; andCommentsClose CommentsPermalink





‘(F) includes other information as determined appropriate by the Secretary;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) submitted to the data system; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) regularly reviewing the data system to--CommentsClose CommentsPermalink





‘(A) delete inactive users from the data system;CommentsClose CommentsPermalink





‘(B) ensure that the data in the data system are not being used for marketing purposes; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(6) developing standardized protocols for limiting access to the data system that include--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) defining the steps necessary for determining whether, and how, to deny or restrict access to the data system; andCommentsClose CommentsPermalink





‘(C) determining the steps necessary to reopen access to the data system following a denial or restriction of access.’; andCommentsClose CommentsPermalink





(4) by striking subsection (e) (as redesignated by paragraph (1)) and inserting the following:CommentsClose CommentsPermalink





‘(e) Reports to Congress-CommentsClose CommentsPermalink





‘(1) ANNUAL REPORT- Not later than September 30 of each fiscal year, the Secretary shall prepare and submit to the appropriate committees of Congresuthorizing committees a report describing--CommentsClose CommentsPermalink





‘(A) the results obtained by the establishment and operation of the National Student Loan Data System authorized by this section;‘(B) the effectiveness of effectiveness of existing privacy safeguards in protecting student and parent information in the data system;CommentsClose CommentsPermalink





‘(CB) the success of any new authorization protocols in more effectively preventing abuse of the data system;CommentsClose CommentsPermalink





‘(DC) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; andCommentsClose CommentsPermalink





‘(ED) any protocols developed under subsection (d)(6) during the preceding fiscal year.CommentsClose CommentsPermalink





‘(2) STUDY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall conduct a study regarding--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 Congresthree years after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit a report on the findings of the study under subparagraph (A) to the authorizing committees.’.CommentsClose CommentsPermalink

SEC. 4890. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.CommentsClose CommentsPermalink

Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by inserting after section 485D (20 U.S.C. 1092c) the following:CommentsClose CommentsPermalink

‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.CommentsClose CommentsPermalink

‘(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).CommentsClose CommentsPermalink





‘(b) Communication of Availability of Aid and Aid Eligibility-CommentsClose CommentsPermalink





‘(1) STUDENTS WHO RECEIVE BENEFITS- The Secretary shall--CommentsClose CommentsPermalink





‘(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 1977supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), or another such benefit program as determined by the Secretary, of such students’ potential eligibility for a maximum Federal Pell Grant under subpart 1 of part A; andCommentsClose CommentsPermalink





‘(B) disseminate such informational materials, that are part of the system described in subsection (a), as the Secretary determines necessary.CommentsClose CommentsPermalink





‘(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 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 parentfamilies, 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.CommentsClose CommentsPermalink





‘(43) 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 , 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--CommentsClose CommentsPermalink





‘(A) is as accurate as possible;CommentsClose CommentsPermalink





‘(B) includes specific information regarding the availability of financial aid for students qualified as independent students, as defined in section 480(d); andCommentsClose CommentsPermalink





‘(C) uses dissemination mechanisms suitable for adult learners.CommentsClose CommentsPermalink





‘(54) PUBLIC AWARENESS CAMPAIGN- Not later than 2 years after the date of enactment of the Higher Education Amendments of 2007two years after the date of enactment of the Higher Education Opportunity Act, the Secretary, in coordination with States, institutions of higher education, early intervention and outreach programs under this title, other agencies and organizations involved in student financial aid, local educational college access and student financial aid, secondary schools, organizations that provide services to individuals that are or were homeless, to individuals in foster care, or to other disconnected individuals, local educational agencies, public libraries, community centers, businesses, employers, employment services, workforce investment boards, and movie theaters, shall implement a public awareness campaign in order to increase national awareness regarding the availability of financial aid under this title. The public awareness campaign shall disseminate accurate information regarding the availability of financial aid under this title and shall be implemented, to the extent practicable, using a variety of media, including print, television, radio, and the Internet. The Secretary shall design and implement the public awareness campaign based upon relevant independent research and the information and dissemination strategies found most effective in implementing paragraphs (1) through (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 completion3).’.CommentsClose CommentsPermalink

Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by redesignating clauses (i) and processing of an application and enrollment in an institution of higher education.‘(2) DATA ELEMENTS- The Secretary,(ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; andCommentsClose CommentsPermalink





(2) by striking ‘REPORTS- ’ and all that follows through ‘House of Representatives on an annual basis’ and inserting ‘ANNUAL REPORTS- The Secretary shall provide reports to the authorizing committees on an annual basis’.CommentsClose CommentsPermalink

‘SEC. 486A. ARTICULATION AGREEMENTS.CommentsClose CommentsPermalink

‘(a) Definition- In this section, the term ‘articulation agreement’ means an agreement between or among institutions of higher education that specifies the acceptability of courses in 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 titletransfer toward meeting specific degree or program requirements.CommentsClose CommentsPermalink





‘(b) Program To Encourage Articulation Agreements-CommentsClose CommentsPermalink





‘(1) PROGRAM ESTABLISHED- The Secretary shall carry out a program for States, in cooperation with public institutions of higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such institutions in a State, and (to the extent practicable) across State lines, by 2010. Such articulation agreements shall be made widely and publicly available on the websites of States and such institutions. In developing, enhancing, and implementing articulation agreements, States and public institutions of higher education may employ strategies, where applicable, including--CommentsClose CommentsPermalink





‘(A) common course numbering;CommentsClose CommentsPermalink





‘(B) a general education core curriculum;CommentsClose CommentsPermalink





‘(C) management systems regarding course equivalency, transfer of credit, and articulation; andCommentsClose CommentsPermalink





‘(D) other strategies identified by the Secretary.CommentsClose CommentsPermalink





‘(2) TECHNICAL ASSISTANCE PROVIDED- The Secretary shall provide technical assistance to States and public institutions of higher education for the purposes of developing and implementing articulation agreements in accordance with this subsection.CommentsClose CommentsPermalink





‘(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)RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to articulation agreements.’.CommentsClose CommentsPermalink

SEC. 48193. PROGRAM PARTICIPATION AGREEMENTS.CommentsClose CommentsPermalink

Section 487 (a) Program Participation Agreement Requirements- CommentsClose CommentsPermalink





(1) VOTER REGISTRATION; 90-10 RULE; CODE OF CONDUCT; DISCIPLINARY PROCEEDINGS; PREFERRED LENDER LISTS; PRIVATE EDUCATION LOAN CERTIFICATION; COPYRIGHTED MATERIAL-CommentsClose CommentsPermalink





(A) AMENDMENT- Section 487(a) (20 U.S.C. 1094) is amended--(1) in subsection (a)--(A) by redesignating paragraphs (21), (22), and (23) as paragraphs (22), (23), and (24), respectively;(B) by inserting after paragraph (20) the following:‘(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(a)) is amended--CommentsClose CommentsPermalink





(i) in paragraph (23)--CommentsClose CommentsPermalink





(I) by moving subparagraph (C) two ems to the left; andCommentsClose CommentsPermalink





(II) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) The institution 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.’;(C) in paragraph (24) (as redesignated by subparagraph (A)), by adding at the end the following:‘(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 anyeach 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 solexclusively to voter registration.’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:‘(25ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(24) 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 ), such institution will derive not less than ten percent of such institution’s revenues from sources other than funds provided under this title, as calculated in accordance with subsection (d)(1), or will be subject to the sanctions described in subsection (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 lenderd)(2).CommentsClose CommentsPermalink





‘(25) In the case of an institution that participates in a loan program under this title, the institution will--CommentsClose CommentsPermalink





‘(A) develop a code of conduct with respect to such loans with which the institution’s officers, employees, and agents shall comply, that--CommentsClose CommentsPermalink





‘(i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans; andCommentsClose CommentsPermalink





‘(ii) at a minimum, includes the provisions described in subsection (e);CommentsClose CommentsPermalink





‘(B) publish such code of conduct prominently on the institution’s website; andCommentsClose CommentsPermalink





‘(C) administer and enforce such code by, at a minimum, requiring that all of the institution’s officers, employees, and agents with responsibilities with respect to such loans be annually informed of the provisions of the code of conduct.CommentsClose CommentsPermalink





‘(26) The institution will, upon written request, disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.CommentsClose CommentsPermalink





‘(27) In the case of an institution that has entered into a preferred lender arrangement, the institution will at least annually compile, maintain, and make available for students attending the institution, and the families of such students, a list, in print or any other medium, through which theother medium, of the specific lenders for loans made, insured, or guaranteed under this title or private education loans that the institution recommends, promotes, or endorses in accordance with such preferred lender arrangement. In making such list, the institution shall comply with the requirements of subsection (h).CommentsClose CommentsPermalink





‘(28)(A) The institution will, upon the request of an applicant for a private education loan, provide to the applicant the form required under section 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1638(e)(3)), and the information required to complete such form, to the extent the institution 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 willpossesses such information.CommentsClose CommentsPermalink





‘(B) For purposes of this paragraph, the term ‘private education loan’ has the meaning given such term in section 140 of the Truth in Lending Act.CommentsClose CommentsPermalink





‘(29) The institution certifies that the institution--CommentsClose CommentsPermalink





‘(A) has developed plans to effectively combat the unauthorized distribution of copyrighted material, including through the use of a variety of technology-based deterrents; andCommentsClose CommentsPermalink





‘(B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other designated officer of the institution.’.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) with respect to section 487(a)(26) of the Higher Education Act of 1965 (as added by subparagraph (A)) shall apply with respect to any disciplinary proceeding conducted by an institution on or after the day that is one year after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Audits; Financial Responsibility; Enforcement of Standards- Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is amended by inserting before the semicolon at the end the following: ‘, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receives less than $500,000 in loans under this title during the award year preceding the audit period’.CommentsClose CommentsPermalink





(c) Implementation of Non-Title IV Revenue Requirement; Code of Conduct; Institutional Requirements for Teach-Outs; Inspector General Report on Gift Ban Violations; Preferred Lender List Requirements- Section 487 (20 U.S.C. 1094) is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (d) and (e) as subsections (i) and (j), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Implementation of Non-Title IV Revenue Requirement-CommentsClose CommentsPermalink





‘(1) CALCULATION- In making calculations under subsection (a)(24), a proprietary institution of higher education shall--CommentsClose CommentsPermalink





‘(A) use the cash basis of accounting, except in the case of loans described in subparagraph (D)(i) that are made by the proprietary institution of higher education;CommentsClose CommentsPermalink





‘(B) consider as revenue only those funds generated by the institution from--CommentsClose CommentsPermalink





‘(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), thattuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under this title;CommentsClose CommentsPermalink





‘(ii) activities conducted by the institution that are necessary for the education and training of the institution’s students, if such activities are--CommentsClose CommentsPermalink





‘(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 lenderconducted on campus or at a facility under the control of the institution;CommentsClose CommentsPermalink





‘(II) performed under the supervision of a member of the institution’s faculty; andCommentsClose CommentsPermalink





‘(III) required to be performed by all students in a specific educational program at the institution; andCommentsClose CommentsPermalink





‘(iii) funds paid by a student, or on behalf of a student by a party other than the institution, for an education or training program that is not eligible for funds under this title, if the program--CommentsClose CommentsPermalink





‘(I) is approved or licensed by the appropriate State agency;CommentsClose CommentsPermalink





‘(II) is accredited by an accrediting agency recognized by the Secretary; orCommentsClose CommentsPermalink





‘(III) provides an industry-recognized credential or certification;CommentsClose CommentsPermalink





‘(C) presume that any funds for a program under this title that are disbursed or delivered to or on behalf of a student will be used to pay the student’s tuition, fees, or other institutional charges, regardless of whether the institution credits those funds to the student’s account or pays those funds directly to the student, except to the extent that the student’s tuition, fees, or other institutional charges are satisfied by--CommentsClose CommentsPermalink





‘(i) grant funds provided by non-Federal public agencies or private sources independent of the institution;CommentsClose CommentsPermalink





‘(ii) funds provided under a contractual arrangement with a Federal, State, or local government agency for the purpose of providing job training to low-income individuals who are in need of that training;CommentsClose CommentsPermalink





‘(iii) funds used by a student from savings plans for educational expenses established by or on behalf of the student and which qualify for special tax treatment under the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink





‘(iv) institutional scholarships described in subparagraph (D)(iii);CommentsClose CommentsPermalink





‘(D) include institutional aid as revenue to the school only as follows:CommentsClose CommentsPermalink





‘(i) in the case of loans made by a proprietary institution of higher education on or after July 1, 2008 and prior to July 1, 2012, the net present value of such loans made by the institution during the applicable institutional fiscal year accounted for on an accrual basis and estimated in accordance with generally accepted accounting principles and related standards and guidance, if the loans--CommentsClose CommentsPermalink





‘(I) are bona fide as evidenced by enforceable promissory notes;CommentsClose CommentsPermalink





‘(II) are issued at intervals related to the institution’s enrollment periods; andCommentsClose CommentsPermalink





‘(III) are subject to regular loan repayments and collections;CommentsClose CommentsPermalink





‘(ii) in the case of loans made by a proprietary institution of higher education on or after July 1, 2012, only the amount of loan repayments received during the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified in clause (i); andCommentsClose CommentsPermalink





‘(iii) in the case of scholarships provided by a proprietary institution of higher education, only those scholarships provided by the institution in the form of monetary aid or tuition discounts based upon the academic achievements or financial need of students, disbursed during each fiscal year from an established restricted account, and only to the extent that funds in that account represent designated funds from an outside source or from income earned on those funds;CommentsClose CommentsPermalink





‘(E) in the case of each student who receives a loan on or after July 1, 2008, and prior to July 1, 2011, that is authorized under section 428H or that is a Federal Direct Unsubsidized Stafford Loan, treat as revenue received by the institution from sources other than funds received under this title, the amount by which the disbursement of such loan received by the institution exceeds the limit on such loan in effect on the 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, terms, or conditions for loans madeday before the date of enactment of the Ensuring Continued Access to Student Loans Act of 2008; andCommentsClose CommentsPermalink





‘(F) exclude from revenues--CommentsClose CommentsPermalink





‘(i) the amount of funds the institution received under part B;‘(II) high-quality customer service for such loans; or‘(III) additional benefits beyond the standard terms and conditions for suchC, unless the institution used those funds to pay a student’s institutional charges;CommentsClose CommentsPermalink





‘(ii) the amount of funds the institution received under subpart 4 of part A;CommentsClose CommentsPermalink





‘(iii) the amount of funds provided by the institution as matching funds for a program under this title;CommentsClose CommentsPermalink





‘(iv) the amount of funds provided by the institution for a program under this title that are required to be refunded or returned; andCommentsClose CommentsPermalink





‘(v) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges.CommentsClose CommentsPermalink





‘(2) SANCTIONS-CommentsClose CommentsPermalink





‘(A) INELIGIBILITY- A proprietary institution of higher education that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in the programs authorized by this title for a period of not less than two institutional fiscal years. To regain eligibility to participate in the programs authorized by this title, a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements under section 498 for a minimum of two institutional fiscal years after the institutional fiscal year in which the institution became ineligible.CommentsClose CommentsPermalink





‘(B) ADDITIONAL ENFORCEMENT- In addition to such other means of enforcing the requirements of this title as may be available to the Secretary, if a proprietary institution of higher education fails to meet a requirement of subsection (a)(24) for any institutional fiscal year, then the institution’s eligibility to participate in the programs authorized by this title becomes provisional for the two institutional fiscal years after the institutional fiscal year in which the institution failed to meet the requirement of subsection (a)(24), except that such provisional eligibility shall terminate--CommentsClose CommentsPermalink





‘(i) on the expiration date of the institution’s program participation agreement under this subsection that is in effect on the date the Secretary determines that the institution failed to meet the requirement of subsection (a)(24); orCommentsClose CommentsPermalink





‘(ii) in the case that the Secretary determines that the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years, on the date the institution is determined ineligible in accordance with subparagraph (A).CommentsClose CommentsPermalink





‘(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE- The Secretary shall publicly disclose on the College Navigator website--CommentsClose CommentsPermalink





‘(A) the identity of any proprietary institution of higher education that fails to meet a requirement of subsection (a)(24); andCommentsClose CommentsPermalink





‘(B) the extent to which the institution failed to meet such requirement.CommentsClose CommentsPermalink





‘(4) REPORT TO CONGRESS- Not later than July 1, 2009, and July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under this title, as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of subsection (a)(24)--CommentsClose CommentsPermalink





‘(A) the amount and percentage of such institution’s revenues received from sources under this title; andCommentsClose CommentsPermalink





‘(B) the amount and percentage of such institution’s revenues received from other sources.CommentsClose CommentsPermalink





‘(e) Code of Conduct Requirements- An institution of higher education’s code of conduct, as required under subsection (a)(25), shall include the following requirements:CommentsClose CommentsPermalink





‘(1) BAN ON REVENUE-SHARING ARRANGEMENTS-CommentsClose CommentsPermalink





‘(A) PROHIBITION- The institution shall not enter into any revenue-sharing arrangement with any lender.CommentsClose CommentsPermalink





‘(B) DEFINITION- For purposes of this paragraph, the term ‘revenue-sharing arrangement’ means an arrangement between an institution and a lender under which--CommentsClose CommentsPermalink





‘(i) a lender provides or issues a loan that is made, insured, or guaranteed under this title to students attending the institution or to the families of such students; andCommentsClose CommentsPermalink





‘(ii) the institution recommends the lender or the loan products of the lender and in exchange, the lender pays a fee or provides other material benefits, including revenue or profit sharing, to the institution, an officer or employee of the institution, or an agent.CommentsClose CommentsPermalink





‘(2) GIFT BAN-CommentsClose CommentsPermalink





‘(A) PROHIBITION- No officer or employee of the institution who is employed in the financial aid office of the institution or who otherwise has responsibilities with respect to education loans, or agent who has responsibilities with respect to education loans, shall solicit or accept any gift from a lender, guarantor, or servicer of education loans.CommentsClose CommentsPermalink





‘(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 personGIFT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In this paragraph, the term ‘gift’ means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value of more than a de minimus amount. The term includes a gift of services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.CommentsClose CommentsPermalink





‘(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).’;(2) in subsection (c)(1)(A)(i), by inserting ‘, except that the Secretary may modify the requirements of this clause with regard to an institution outside the United States’ before the semicolon at the end;(3) by redesignating subsections (dEXCEPTIONS- The term ‘gift’ shall not include any of the following:CommentsClose CommentsPermalink





‘(I) Standard material, activities, or programs on issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a workshop, or training.CommentsClose CommentsPermalink





‘(II) Food, refreshments, training, or informational material furnished to an officer or employee of an institution, or to an agent, as an integral part of a training session that is designed to improve the service of a lender, guarantor, or servicer of education loans to the institution, if such training contributes to the professional development of the officer, employee, or agent.CommentsClose CommentsPermalink





‘(III) Favorable terms, conditions, and borrower benefits on an education loan provided to a student employed by the institution if such terms, conditions, or benefits are comparable to those provided to all students of the institution.CommentsClose CommentsPermalink





‘(IV) Entrance and exit counseling services provided to borrowers to meet the institution’s responsibilities for entrance and exit counseling as required by subsections (b) and (e) as subsection (f)l) of section 485, as long as--CommentsClose CommentsPermalink

‘(aa) the institution’s staff are in control of the counseling, (whether in person or via electronic capabilities); andCommentsClose CommentsPermalink

‘(bb) such counseling does not promote the products or services of any specific lender.CommentsClose CommentsPermalink

‘(V) Philanthropic contributions to an institution from a lender, servicer, or guarantor of education loans that are unrelated to education loans or any contribution from any lender, guarantor, or servicer that is not made in exchange for any advantage related to education loans.CommentsClose CommentsPermalink





‘(VI) State education grants, scholarships, or financial aid funds administered by or on behalf of a State.CommentsClose CommentsPermalink





‘(iii) RULE FOR GIFTS TO FAMILY MEMBERS- For purposes of this paragraph, a gift to a family member of an officer or employee of an institution, to a family member of an agent, or to any other individual based on that individual’s relationship with the officer, employee, or agent, shall be considered a gift to the officer, employee, or agent if--CommentsClose CommentsPermalink





‘(I) the gift is given with the knowledge and (g), respectively;(4) by inserting after subsection (cacquiescence of the officer, employee, or agent; andCommentsClose CommentsPermalink





‘(II) the following:‘(dofficer, employee, or agent has reason to believe the gift was given because of the official position of the officer, employee, or agent.CommentsClose CommentsPermalink





‘(3) CONTRACTING ARRANGEMENTS PROHIBITED-CommentsClose CommentsPermalink





‘(A) PROHIBITION- An officer or employee who is employed in the financial aid office of the institution or who otherwise has responsibilities with respect to education loans, or an agent who has responsibilities with respect to education loans, shall not accept from any lender or affiliate of any lender any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to a lender or on behalf of a lender relating to education loans.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- Nothing in this subsection shall be construed as prohibiting--CommentsClose CommentsPermalink





‘(i) an officer or employee of an institution who is not employed in the institution’s financial aid office and who does not otherwise have responsibilities with respect to education loans, or an agent who does not have responsibilities with respect to education loans, from performing paid or unpaid service on a board of directors of a lender, guarantor, or servicer of education loans;CommentsClose CommentsPermalink





‘(ii) an officer or employee of the institution who is not employed in the institution’s financial aid office but who has responsibility with respect to education loans as a result of a position held at the institution, or an agent who has responsibility with respect to education loans, from performing paid or unpaid service on a board of directors of a lender, guarantor, or servicer of education loans, if the institution has a written conflict of interest policy that clearly sets forth that officers, employees, or agents must recuse themselves from participating in any decision of the board regarding education loans at the institution; orCommentsClose CommentsPermalink





‘(iii) an officer, employee, or contractor of a lender, guarantor, or servicer of education loans from serving on a board of directors, or serving as a trustee, of an institution, if the institution has a written conflict of interest policy that the board member or trustee must recuse themselves from any decision regarding education loans at the institution.CommentsClose CommentsPermalink





‘(4) INTERACTION WITH BORROWERS- The institution shall not--CommentsClose CommentsPermalink





‘(A) for any first-time borrower, assign, through award packaging or other methods, the borrower’s loan to a particular lender; orCommentsClose CommentsPermalink





‘(B) refuse to certify, or delay certification of, any loan based on the borrower’s selection of a particular lender or guaranty agency.CommentsClose CommentsPermalink





‘(5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS-CommentsClose CommentsPermalink





‘(A) PROHIBITION- The institution shall not request or accept from any lender any offer of funds to be used for private education loans (as defined in section 140 of the Truth in Lending Act), including funds for an opportunity pool loan, to students in exchange for the institution providing concessions or promises regarding providing the lender with--CommentsClose CommentsPermalink





‘(i) a specified number of loans made, insured, or guaranteed under this title;CommentsClose CommentsPermalink





‘(ii) a specified loan volume of such loans; orCommentsClose CommentsPermalink





‘(iii) a preferred lender arrangement for such loans.CommentsClose CommentsPermalink





‘(B) DEFINITION OF OPPORTUNITY POOL LOAN- In this paragraph, the term ‘opportunity pool loan’ means a private education loan made by a lender to a student attending the institution or the family member of such a student that involves a payment, directly or indirectly, by such institution of points, premiums, additional interest, or financial support to such lender for the purpose of such lender extending credit to the student or the family.CommentsClose CommentsPermalink





‘(6) BAN ON STAFFING ASSISTANCE-CommentsClose CommentsPermalink





‘(A) PROHIBITION- The institution shall not request or accept from any lender any assistance with call center staffing or financial aid office staffing.CommentsClose CommentsPermalink





‘(B) CERTAIN ASSISTANCE PERMITTED- Nothing in paragraph (1) shall be construed to prohibit the institution from requesting or accepting assistance from a lender related to--CommentsClose CommentsPermalink





‘(i) professional development training for financial aid administrators;CommentsClose CommentsPermalink





‘(ii) providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that assisted in preparing or providing such materials; orCommentsClose CommentsPermalink





‘(iii) staffing services on a short-term, nonrecurring basis to assist the institution with financial aid-related functions during emergencies, including State-declared or federally declared natural disasters, federally declared national disasters, and other localized disasters and emergencies identified by the Secretary.CommentsClose CommentsPermalink





‘(7) ADVISORY BOARD COMPENSATION- Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other student financial aid of the institution, and who serves on an advisory board, commission, or group established by a lender, guarantor, or group of lenders or guarantors, shall be prohibited from receiving anything of value from the lender, guarantor, or group of lenders or guarantors, except that the employee may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group.CommentsClose CommentsPermalink





‘(f) Institutional Requirements for Teach-Outs-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’; and(5) by adding at the end the following:‘(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 org) Inspector General Report 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 areGift Ban Violations- The Inspector General of the Department shall--CommentsClose CommentsPermalink





‘(1) submit an annual report to the authorizing committees identifying all violations of an institution’s code of conduct that the Inspector General has substantiated during the preceding year relating to the gift ban provisions described in subsection (f)(2); andCommentsClose CommentsPermalink





‘(2) make the report available to the public through the Department’s website.CommentsClose CommentsPermalink





‘(h) Preferred Lender List Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In compiling, maintaining, and making available a preferred lender list as required under subsection (a)(27), the institution will--CommentsClose CommentsPermalink





‘(A) clearly and fully disclose on such preferred lender list--CommentsClose CommentsPermalink





‘(i) not less than the information required to be disclosed under section 153(a)(2)(A);CommentsClose CommentsPermalink





‘(ii) why the institution has entered into a preferred lender arrangement with each lender on the preferred lender list, particularly with respect to terms and conditions or provisions favorable to the borrower; andCommentsClose CommentsPermalink





‘(iii) that the students attending the institution, or the families of such students, do not have to borrow from a lender on the preferred lender list;CommentsClose CommentsPermalink





‘(B) ensure, through the use of the list of lender affiliates provided by the Secretary under paragraph (2), that--CommentsClose CommentsPermalink





‘(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 studentsthere are not less than three lenders of loans made under part B that are not affiliates of each other included on the preferred lender list and, if the institution recommends, promotes, or endorses private education loans, there are not less than two lenders of private education loans that are not affiliates of each other included on the preferred lender list; andCommentsClose CommentsPermalink





‘(ii) the preferred lender list under this paragraph--CommentsClose CommentsPermalink





‘(I) specifically indicates, for each listed lender, whether the lender is or is not an affiliate of each other lender on the preferred lender list; andCommentsClose CommentsPermalink





‘(II) if a lender is an affiliate of another lender on the preferred lender list, describes the details of such affiliation;CommentsClose CommentsPermalink





‘(C) prominently disclose the method and criteria used by the institution in selecting lenders with which to enter into preferred lender arrangements to ensure that such lenders are selected on the basis of the best interests of the borrowers, including--CommentsClose CommentsPermalink





‘(i) payment of origination or other fees on behalf of the borrower;CommentsClose CommentsPermalink





‘(ii) highly competitive interest rates, or other terms and conditions or provisions of loans under this title or private education loans;CommentsClose CommentsPermalink





‘(iii) high-quality servicing for such loans; orCommentsClose CommentsPermalink





‘(iv) additional benefits beyond the standard terms and conditions or provisions for such loans;CommentsClose CommentsPermalink





‘(D) exercise a duty of care and a duty of loyalty to compile the preferred lender list under this paragraph without prejudice and for the sole benefit of the students attending the institution, or the families of such students;CommentsClose CommentsPermalink





‘(E) not deny or otherwise impede the borrower’s choice of a lender or cause unnecessary delay in loan certification under this title for those borrowers who choose a lender that is not included on the preferred lender list; andCommentsClose CommentsPermalink





‘(F) comply with such other requirements as the Secretary may prescribe by regulation.CommentsClose CommentsPermalink





‘(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 suchLENDER AFFILIATES LIST-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall maintain and regularly update a list of lender affiliates of all eligible lenders, and shall provide such list to institutions for use in carrying out paragraph (1)(B).CommentsClose CommentsPermalink





‘(B) USE OF MOST RECENT LIST- An institution shall use the most recent list of lender affiliates provided by the Secretary under subparagraph (A) in carrying out paragraph (1)(B).’.CommentsClose CommentsPermalink





(d) Definitions- Section 487(i) (as redesignated by subsection (a)(27)c)(1)) (20 U.S.C. 1087(i)) is further amended--CommentsClose CommentsPermalink





(1) by striking ‘(i) Definition of Eligible Institution- For the purpose of this section, the’ and inserting the following:CommentsClose CommentsPermalink





‘(i) Definitions- For the purpose of this section:CommentsClose CommentsPermalink





‘(1) AGENT- The term ‘agent’ has the meaning given the term in section 151.CommentsClose CommentsPermalink





‘(2) AFFILIATE- The term ‘affiliate’ means a person that controls, is controlled by, or is under common control with another person. A person controls, is controlled by, or is under common control with another person if--CommentsClose CommentsPermalink





‘(A) the person directly or indirectly, or acting through one or more others, owns, controls, or has the power to vote five percent or more of any class of voting securities of such other person;CommentsClose CommentsPermalink





‘(B) the person controls, in any manner, the election of a majority of the directors or trustees of such other person; orCommentsClose CommentsPermalink





‘(C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person’s education loans.CommentsClose CommentsPermalink





‘(3) EDUCATION LOAN- The term ‘education loan’ has the meaning given the term in section 151.CommentsClose CommentsPermalink





‘(4) ELIGIBLE INSTITUTION- The’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) OFFICER- The term ‘officer’ has the meaning given the term in section 151.CommentsClose CommentsPermalink





‘(6) PREFERRED LENDER ARRANGEMENT- The term ‘preferred lender arrangement’ has the meaning given the term in section 151.’.CommentsClose CommentsPermalink

SEC. 48294. REGULATORY RELIEF AND IMPROVEMENT.CommentsClose CommentsPermalink

Section 487A(b) (20 U.S.C. 1094a(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--(A) by striking ‘1998’ and inserting ‘2007’; and(B) by striking ‘1999’ and inserting ‘2008’; and(2) by striking the matter preceding paragraph (2)by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall continue the voluntary participation of any experimental sites in existence as of July 1, 2007, unless the Secretary determines that such site’s participation has not been successful in carrying out the purposes of this section. Any activities approved by the Secretary prior to such date that have not been successful in carrying out the purposes of this section shall be discontinued not later than June 30, 2009.’;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking the matter preceding subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(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--’; andCommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘Upon the submission of the report required by paragraph (2), the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(ii) by inserting ‘periodically’ after ‘authorized to’;CommentsClose CommentsPermalink





(B) by striking subparagraph (B);CommentsClose CommentsPermalink





(C) by redesignating subparagraph (C) as subparagraph (B); andCommentsClose CommentsPermalink





(D) in subparagraph (B) (as redesignated by subparagraph (C))--CommentsClose CommentsPermalink





(i) by inserting ‘, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 492’ after ‘requirements in this title’;CommentsClose CommentsPermalink





(ii) by inserting ‘(other than an award rule related to an experiment in modular or compressed schedules)’ after ‘award rules’; andCommentsClose CommentsPermalink





(iii) by inserting ‘unless the waiver of such provisions is authorized by another provision under this title’ before the period at the end.CommentsClose CommentsPermalink

SEC. 483SEC. 494A. TRANSFER OF ALLOTMENTS.CommentsClose CommentsPermalink

Section 488 (20 U.S.C. 1095) is amended in the first sentence--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘413D.’ and inserting ‘413D or 462 (or both); and’; andCommentsClose CommentsPermalink





(3) by adding at the end ‘(3) transfer 25 percent of the institution’s allotment under section 413D to the institution’s allotment under section 442.’.CommentsClose CommentsPermalink

SEC. 484SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS.CommentsClose CommentsPermalink

Section 489(b)(1) (20 U.S.C. 1096(b)) is amended by striking(1)) is amended by striking ‘offsetting the administrative costs of’ and inserting ‘administering’.CommentsClose CommentsPermalink

SEC. 485SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.CommentsClose CommentsPermalink

(a) Amendments- Section 491 (20 U.S.C. 1098) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) of their eligibility for assistance under this title; andCommentsClose CommentsPermalink





‘(ii) to the extent practicable, of their eligibility for other forms of State and institutional need-based student assistance;CommentsClose CommentsPermalink





and‘(E) to make recommendations that will expand and improve partnerships among the Federal‘(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.’;(2) in subsection (c), by adding at the end; andCommentsClose CommentsPermalink





‘(F) to collect information on Federal regulations, and on the impact of Federal regulations on student financial assistance and on the cost of receiving a postsecondary education, and to make recommendations to help streamline the regulations for institutions of higher education from all sectors.’;CommentsClose CommentsPermalink





(2) by striking subsection (c) and inserting the following new subsection:CommentsClose CommentsPermalink





‘(c) Membership- (1) The Advisory Committee shall consist of 11 members appointed as follows:CommentsClose CommentsPermalink





‘(A) Four members shall be appointed by the President pro tempore of the Senate, of whom two members shall be appointed from recommendations by the Majority Leader of the Senate, and two members shall be appointed from recommendations by the Minority Leader of the Senate.CommentsClose CommentsPermalink





‘(B) Four members shall be appointed by the Speaker of the House of Representatives, of whom two members shall be appointed from recommendations by the Majority Leader of the House of Representatives, and two members shall be appointed from recommendations by the following:Minority Leader of the House of Representatives.CommentsClose CommentsPermalink





‘(C) Three members shall be appointed by the Secretary, of whom at least one member shall be a student.CommentsClose CommentsPermalink





‘(2) Each member of the Advisory Committee, with the exception of a student member, shall be appointed on the basis of technical qualifications, professional experience, and demonstrated knowledge in the fields of higher education, student financial aid, financing post-secondary education, and the operations and financing of student loan guarantee agencies.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (6), by striking ‘, but nothing’ and all that follows through ‘or analyses’;(4) in subsection (j in this section shall authorize the committee to perform such studies, surveys, or analyses’;CommentsClose CommentsPermalink





(B) in paragraph (8), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(C) by redesignating paragraph (9) as paragraph (11); andCommentsClose CommentsPermalink





(D) by inserting after paragraph (8) (as amended by subparagraph (B)) the following:CommentsClose CommentsPermalink





‘(9) provide an annual report to the authorizing committees that provides analyses and policy recommendations regarding--CommentsClose CommentsPermalink





‘(A) the adequacy of need-based grant aid for low- and moderate-income students; andCommentsClose CommentsPermalink





‘(B) the postsecondary enrollment and graduation rates of low- and moderate-income students;CommentsClose CommentsPermalink





‘(10) develop and maintain an information clearinghouse to help institutions of higher education understand the regulatory impact of the Federal Government on institutions of higher education from all sectors, in order to raise awareness of institutional legal obligations and provide information to improve compliance with, and to reduce the duplication and inefficiency of, Federal regulations; and’;CommentsClose CommentsPermalink





(4) in subsection (e)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of paragraph (1), by striking ‘3’ and inserting ‘4’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘A member of the Advisory Committee shall’ and all that follows through ‘on the Advisory Committee.’ and inserting ‘A member of the Advisory Committee serving on the date of enactment of the Higher Education Opportunity Act shall be permitted to serve the duration of the member’s term, regardless of whether the member was previously appointed to more than one term.’;CommentsClose CommentsPermalink





(5) in subsection (j)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘and simplification’ after ‘modernization’ each place the term appearss’ after ‘delivery processes’; andCommentsClose CommentsPermalink





(ii) by striking ‘including’ and all that follows through ‘Department the implementation of a performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,’; andCommentsClose CommentsPermalink





(B) by striking paragraphs (4) and (5) and inserting the following:CommentsClose CommentsPermalink





‘(4) conduct a review and analysis of regulations in accordance with subsection (l); andCommentsClose CommentsPermalink





‘(5) conduct a study in accordance with subsection (m).’;CommentsClose CommentsPermalink





(56) in subsection (k), by striking ‘2004’ and inserting ‘2013’; and(64’; andCommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





‘(l) Review and Analysis of Regulations-CommentsClose CommentsPermalink





‘(1) RECOMMENDATIONS- The Advisory Committee shall make recommendations to the Secretary and Congress for the authorizing committees for consideration of future legislative action regarding redundant or outdated regulations under this title, consistent with the Secretary’s requirements under section 498B.CommentsClose CommentsPermalink





‘(2) REVIEW AND ANALYSIS OF REGULATIONS-CommentsClose CommentsPermalink





The Advisory Committee shall conduct a review and ‘(A) REVIEW OF CURRENT REGULATIONS- To meet the requirements of subsection (d)(10), the Advisory Committee shall conduct a review and analysis of the regulations issued under this titleby Federal agencies 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 titleinstitutions of higher education from all sectors. The review and analysis may include a determination of whether the regulation is duplicative, is no longer necessary, is inconsistent with other Federal requirements, or is overly burdensome. In conducting the review, the Advisory Committee shall pay specific attention to evaluating ways in which regulations under this title affecting institutions of higher education (other than institutions described in section 102(a)(1)(C)), that have received in each of the 2 most recent award years prior to the date of enactment of the Higher Education Amendments of 2007two most recent award years prior to the date of enactment of Higher Education Opportunity Act less than $200,000 in funds through this title, may be improved, streamlined, or eliminated.CommentsClose CommentsPermalink





‘(B) REVIEW AND COLLECTION OF FUTURE REGULATIONS- The Advisory Committee shall--CommentsClose CommentsPermalink





‘(i) monitor all Federal regulations, including notices of proposed rulemaking, for their impact or potential impact on higher education; andCommentsClose CommentsPermalink





‘(ii) provide a succinct description of each regulation or proposed regulation that is generally relevant to institutions of higher education from all sectors.CommentsClose CommentsPermalink





‘(C) MAINTENANCE OF PUBLIC WEBSITE- The Advisory Committee shall develop and maintain an easy to use, searchable, and regularly updated website that--CommentsClose CommentsPermalink





‘(i) provides information collected in subparagraph (B);CommentsClose CommentsPermalink





‘(ii) provides an area for the experts and members of the public to provide recommendations for ways in which the regulations may be streamlined; andCommentsClose CommentsPermalink





‘(iii) publishes the study conducted by the National Research Council of the National Academy of Sciences under section 1106 of the Higher Education Opportunity Act.CommentsClose CommentsPermalink





‘(3) CONSULTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In carrying out the review and analysis, analysis, and development of the website required under paragraph (2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of institutions of higher education, and individuals who have expertise and experience with the regulations issued under this title, in accordance with subparagraph (B).‘(B) individuals who have expertise and experience with Federal regulations, and the review panels described in subparagraph (B).CommentsClose CommentsPermalink





‘(B) REVIEW PANELS- The Advisory Committee shall convene not less than 2 reviewtwo review panels of representatives of the groups involved in higher education, including individuals involved in student financial assistance programs under this title who have experience and expertise in the regulations issued under this title to review the regulations under this title,, who have experience and expertise in the regulations issued by the Federal Government that affect all sectors of higher education, in order to review the regulations and to provide recommendations to the Advisory Committee with respect to the review and analysis under paragraph (2). The panels shall be made up of experts in areas such as the operations of the financial assistance programs, the institutional eligibility requirements for the financial assistance programs, regulations not directly related to the operations or the institutional eligibility requirements of the financial assistance programs, and regulations for dissemination of information to students about the financial assistance programs.CommentsClose CommentsPermalink





‘(4) REPORTS TO CONGRESS- The Advisory Committee shall submit, not later than 2 PERIODIC UPDATES TO THE AUTHORIZING COMMITTEES- The Advisory Committee shall--CommentsClose CommentsPermalink





‘(A) submit, not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Amendments of 2007, a report to the authorizing committees and the Secretary detailing the expertOpportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with respect to the review and analysis under paragraph (2)of regulations; andCommentsClose CommentsPermalink





‘(B) provide periodic updates to the authorizing committees regarding--CommentsClose CommentsPermalink





‘(i) the impact of all Federal regulations on all sectors of higher education; andCommentsClose CommentsPermalink





‘(ii) suggestions provided through the website for streamlining or eliminating duplicative regulations.CommentsClose CommentsPermalink





‘(5) ADDITIONAL SUPPORT- The Secretary and the Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary and Inspector General determine are necessary to conduct the review and analysis required by this subsection.CommentsClose CommentsPermalink





‘(m) Study of Innovative Pathways to Baccalaureate Degree Attainment-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 2two-year institutions of higher education to offer baccalaureate degrees.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) The impact of such programs on baccalaureate attainment rates.CommentsClose CommentsPermalink





‘(B) The degree to which a student’s total cost of attaining a baccalaureate degree can be reduced by such programs.CommentsClose CommentsPermalink





‘(C) The ways in which low- and moderate-income students can be specifically targeted by such programs.CommentsClose CommentsPermalink





‘(D) The ways in which nontraditional students can be specifically targeted by such programs.CommentsClose CommentsPermalink





‘(E) The cost-effectiveness for the Federal Government, States, and institutions of higher education to implement such programs.CommentsClose CommentsPermalink





‘(4) CONSULTATION-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) CONGRESSIONAL CONSULTATION- The AdvisorySULTATION WITH THE AUTHORIZING COMMITTEES- The Advisory Committee shall consult on a regular basis with the authorizing committees in carrying out the study required by this subsection.CommentsClose CommentsPermalink





‘(5) REPORTS TO CONGRESAUTHORIZING COMMITTEES-CommentsClose CommentsPermalink





‘(A) INTERIM REPORT- The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than 1 one year after the date of enactment of the Higher Education Amendments of 2007Opportunity Act, 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).CommentsClose CommentsPermalink





‘(B) FINAL REPORT- The Advisory Committee shall, not later than 3 years after the date of enactment of the Higher Education Amendments of 2007three years after the date of enactment of the Higher Education Opportunity Act, prepare and submit to the authorizing committees and the Secretary a final report on the study, including recommendations for legislative, regulatory, and administrative changes based on findings related to the topics identified under paragraph (2).’.CommentsClose CommentsPermalink





SEC. 486 (b) Conforming Amendments- Subsections (a)(1), (b), and (d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking ‘Congress’ and inserting ‘authorizing committees’. CommentsClose CommentsPermalink

SEC. 494D. REGIONAL MEETINGS.Section 492(a)(1 AND NEGOTIATED RULEMAKING.CommentsClose CommentsPermalink

(a) Regional Meetings- Section 492(a) (20 U.S.C. 1098a(a)(1)) is amended by) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘State student grant agencies,’ after ‘institutions of higher education,’.SEC. 487; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘, as amended by the Higher Education Amendments of 1998’.CommentsClose CommentsPermalink





(b) Negotiated Rulemaking- Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘as amended by the Higher Education Amendments of 1998’; andCommentsClose CommentsPermalink





(2) in the third sentence--CommentsClose CommentsPermalink





(A) by striking ‘To the extent possible, the Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink





(B) by inserting ‘with demonstrated expertise or experience in the relevant subjects under negotiation,’ after ‘select individuals’.CommentsClose CommentsPermalink

SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.CommentsClose CommentsPermalink

(a) Repeal- Section 493A (20 U.S.C. 1098c) is repealed.CommentsClose CommentsPermalink

(b) Redesignation- Section 493B SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT. CommentsClose CommentsPermalink

Section 493C(b)(1) (20 U.S.C. 1098d) is redesignated as section 493Ae(b)(1)) is amended by striking ‘or is already in default’ and inserting ‘or had been in default’.CommentsClose CommentsPermalink

PART GH--PROGRAM INTEGRITY

SEC. 4915. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.CommentsClose CommentsPermalink

Section 496 (20 U.S.C. 1099b) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(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 instruction, training, or study offered by the institution of higher education, including distance education or correspondence courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; andCommentsClose CommentsPermalink





‘(B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or correspondence education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that--CommentsClose CommentsPermalink





‘(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 thator correspondence education in the areas identified in paragraph (5), except that--CommentsClose CommentsPermalink





‘(I) 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 thator correspondence education institutions or programs in order to meet the requirements of this subparagraph; andCommentsClose CommentsPermalink





‘(II) in the case that the agency or association is recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; andCommentsClose CommentsPermalink





‘(ii) the agency or association requires an institution that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit;’;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking subparagraph (A) and inserting the following:‘(A) success with respect to studentamending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(A) success with respect to student achievement in relation to the institution’s mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, consideration of course completion, and job placement rates;’;CommentsClose CommentsPermalink





(C) by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink





‘(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)--CommentsClose CommentsPermalink





‘(A) for adequate specification of requirements and deficiencies at thewritten specification of--CommentsClose CommentsPermalink





‘(i) requirements, including clear standards for an institution of higher education or program examined;‘(B) anto be accredited; andCommentsClose CommentsPermalink





‘(ii) identified deficiencies at the institution or program examined;CommentsClose CommentsPermalink





‘(B) for sufficient opportunity for a written response by any such institu, by an institution or program, regarding any deficiencies identified by the agency or association to be included,considered by the agency or association--CommentsClose CommentsPermalink





‘(i) within a timeframe determined by the agency or association; andCommentsClose CommentsPermalink





‘(ii) prior to final action, in the evaluation in the evaluation and withdrawal proceedings;CommentsClose CommentsPermalink





‘(C) upon the written request of an institution, or program, for an opportunity for the institution or program to appeal any adverse action under this section, including denial, withdrawal, suspension, or termination of accreditation, or placement on probation of an institution, at a hearingtaken against the institution or program, prior to such action becoming final, at a hearing before an appeals panel that--CommentsClose CommentsPermalink





‘(i) shall not include current members of the agency’s or association’s underlying decision-making body that made the adverse decision; andCommentsClose CommentsPermalink





‘(ii) is subject to a conflict of interest policy;CommentsClose CommentsPermalink





and‘(D)‘(D) for the right to representation by counsel for such an institutionand participation by counsel for an institution or program during an appeal of the adverse action;CommentsClose CommentsPermalink





’; and(D) by striking paragraph (8) and inserting the following:‘(8) such agency or association shall make available to the public and the State licensing or authorizing agency, and submit to the Secretary, a summary of agency or association actions, including--‘(A) the award of accreditation or reaccreditation of an institution;‘(B)‘(E) for a process, in accordance with written procedures developed by the agency or association, through which an institution or program, before a 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 institutionbased solely upon a failure to meet a standard or criterion pertaining to finances, may on one occasion seek review of significant financial information that was unavailable to the institution or program prior to the determination of the adverse action, and that bears materially on the financial deficiencies identified by the agency or association;CommentsClose CommentsPermalink





‘(F) in the case that the agency or association determines that the new financial information submitted by the institution or program under subparagraph (E) meets the criteria of significance and materiality described in such subparagraph, for consideration by the agency or association of the new financial information prior to the adverse action described in such subparagraph becoming final; andCommentsClose CommentsPermalink





‘(G) that any determination by the agency or association made with respect to the new financial information described in subparagraph (E) shall not be separately appealable by the institution or program.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘, including those regarding distance education’ after ‘their responsibilities’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2) through (6) as paragraphs (5) through (94) through (8);CommentsClose CommentsPermalink





(C) by inserting after paragraph (1) (as amended by subparagraph (A)) the following:CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(43) requires an institution to submit a teach-out plan for approval to the accrediting agency upon thea teach-out plan upon the occurrence of any of the following events:CommentsClose CommentsPermalink





‘(A) The Department the Department notifies the accrediting agency of an action against the institution pursuant to section 487(d).‘(B) Tf);CommentsClose CommentsPermalink





‘(B) the accrediting agency acts to withdraw, terminate, or suspend the accreditation of an institution.‘(C) Tthe institution; orCommentsClose CommentsPermalink





‘(C) the institution notifies the accrediting agency that the institution intends to cease operations.’;(D) in paragraph (8) (as redesignated by subparagraph (B)), by striking ‘and’ after the semicolon;(E) in subparagraph (9;’;CommentsClose CommentsPermalink





(D) by striking paragraph (7) (as redesignated by subparagraph (B)) and inserting the following:CommentsClose CommentsPermalink





‘(7) makes available to the public and the State licensing or authorizing agency, and submits to the Secretary, a summary of agency or association actions, including--CommentsClose CommentsPermalink





‘(A) the award of accreditation or reaccreditation of an institution;CommentsClose CommentsPermalink





‘(B) final denial, withdrawal, suspension, or termination of accreditation of an institution, and any findings made in connection with the action taken, together with the official comments of the affected institution; andCommentsClose CommentsPermalink





‘(C) any other adverse action taken with respect to an institution or placement on probation of an institution;’;CommentsClose CommentsPermalink





(E) in paragraph (8) (as redesignated by subparagraph (B)), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(109) confirms, as a part of the agency’s or association’s review for accreditation or reaccreditation, that the institution has transfer of credit policies--CommentsClose CommentsPermalink





‘(A) that are publicly disclosed; andCommentsClose CommentsPermalink





‘(B) that include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education.’;CommentsClose CommentsPermalink





(3) in subsection (g), by adding at the end the following: ‘Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.’;CommentsClose CommentsPermalink





and(4) in subsection (o), by adding at the end the following: ‘Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).’; andCommentsClose CommentsPermalink





(5) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(p) Rule of Construction- Nothing in subsection (a)(5) shall be construed to restrict the ability of--CommentsClose CommentsPermalink





‘(1) an accrediting agency or association to set, with the involvement of its members, and to apply, accreditation standards for or to institutions or programs that seek review by the agency or association; orCommentsClose CommentsPermalink





‘(2) an institution to develop and use institutional standards to show its success with respect to student achievement, which achievement may be considered as part of any accreditation review.CommentsClose CommentsPermalink





‘(q) Review of Scope Changes- The Secretary shall require a review, at the next available meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 50 percent or more within any one institutional fiscal year.’.CommentsClose CommentsPermalink

SEC. 492. ADMINISTRATIVE CAPACITY STANDARD6. ELIGIBILITY AND CERTIFICATION PROCEDURES.CommentsClose CommentsPermalink

Section 498 (20 U.S.C. 1099c) is amended--CommentsClose CommentsPermalink





(1) in subsection (d)(1)(B), by inserting ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Treatment of Teach-Outs at Additional Locations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A location of a closed institution of higher education shall be eligible as an additional location of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, for the purposes of a teach-out described in section 487(f), if such teach-out has been approved by the institution’s accrediting agency.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) to meet the requirements of sections 102(b)(1)(E) and 102(c)(1)(C) for such additional location; orCommentsClose CommentsPermalink





‘(B) to assume the liabilities of the closed institution.’.CommentsClose CommentsPermalink

SEC. 4937. PROGRAM REVIEW AND DATA.CommentsClose CommentsPermalink

Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (5) by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) a written statement addressing the institution of higher education’s response;CommentsClose CommentsPermalink





‘(B) a written statement of the basis for such report or determination; andCommentsClose CommentsPermalink





‘(C) a copy of the institution’s response; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 494. TIMELY INFORMATION ABOUT LOANS.(a) In General- Title IV8. REVIEW OF REGULATIONS.CommentsClose CommentsPermalink

Section 498B (20 U.S.C. 1070 et seq.) is further amended by adding at the end the following:

‘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.’.

SEC. 495.99c-2) is amended by striking subsection (d).CommentsClose CommentsPermalink

PART I--COMPETITIVE LOAN AUCTION EVALUATION AND REPORT.(a) Evaluation- If Congress enacts an Act that authorizes the Secretary of Education to carry outPILOT PROGRAM

‘(aa) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to attend an institution of higher education within the State;CommentsClose CommentsPermalink

‘(bb) is eligible for an eligible Federal PLUS Loan; andCommentsClose CommentsPermalink

‘(cc) elects to borrow from the eligible lender; andCommentsClose CommentsPermalink

‘(II) agrees to accept a special allowance payment (after the application of section 438(b)(2)(I)(v)) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.CommentsClose CommentsPermalink





‘(ii) COMPLIANCE- If an eligible lender with a pilot program under which the Secretary establishes a mechanism for an auction of Federal winning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following:CommentsClose CommentsPermalink





‘(I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans, then the Comptroller General shall evaluate such pilot program. The evaluation shall determine-- that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by--CommentsClose CommentsPermalink

‘(aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; orCommentsClose CommentsPermalink

‘(bb) requesting any other Federal agency to reduce the amount of any payments due to such eligible lender from such agency by the amount of the penalty, in accordance with section 3716 of title 31, United States Code.CommentsClose CommentsPermalink

‘(II) A prohibition of bidding by such lender in other auctions under this section.CommentsClose CommentsPermalink





‘(III) The limitation, suspension, or termination of such eligible lender’s participation in the loan program under part B.CommentsClose CommentsPermalink





‘(IV) Any other enforcement action the Secretary is authorized to take under part B.’; andCommentsClose CommentsPermalink





(C) by striking subparagraph (J) and inserting the following:CommentsClose CommentsPermalink





‘(J) GUARANTEE AGAINST LOSSES- Each eligible Federal PLUS Loan originated under this paragraph shall be insured by a guaranty agency in accordance with part B, except that, notwithstanding section 428(b)(1)(G), such insurance shall be in an amount equal to 99 percent of the unpaid principal and interest due on the loan.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(c) Required Initial Evaluation- The Secretary and Secretary of the Treasury shall jointly conduct an evaluation, in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General, of the pilot program carried out by the Secretary under this section. The evaluation shall determine--CommentsClose CommentsPermalink





‘(1) the extent of the savings to the Federal Government that are generated through the pilot program, compared to the cost the Federal Government would have incurred in operating the parent loan program under section 428B of the Higher Education Act of 1965PLUS loan program under section 428B in the absence of the pilot program;CommentsClose CommentsPermalink





‘(2) the number of lenders that participated in the pilot program, and the extent to which the pilot program generated competition among lenders to participate in the auctions under the pilot program;CommentsClose CommentsPermalink





(3 ‘(3) the number and volume of loans made under the pilot program in each State; CommentsClose CommentsPermalink





‘(4) the effect of the transition to and operation of the pilot program on the ability of--CommentsClose CommentsPermalink





‘(A) lenders participating in the pilot program to originate loans made through the pilot program smoothly and efficiently;CommentsClose CommentsPermalink





‘(B) institutions of higher education participating in the pilot program to disburse loans made through the pilot program smoothly and efficiently; andCommentsClose CommentsPermalink





(C) the ability of parents to‘(C) parents to obtain loans made through the pilot program in a timely and efficient manner;CommentsClose CommentsPermalink





(4‘(5) the differential impact, if any, of the auction among the States, including between rural and non-rural States; andCommentsClose CommentsPermalink





(5‘(6) the feasibility of using the mechanism piloted to operate the other loan programs under part B of title IV of the Higher Education Act of 1965.(b) Reports- The Comptroller General shall--(1his title.CommentsClose CommentsPermalink





‘(d) Reports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary and the Secretary of the Treasury shall submit to the authorizing committees--CommentsClose CommentsPermalink





‘(A) not later than September 1, 2010, submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a preliminary report regarding the findings of the evaluation described in subsection (a);(2) not later than September 1, 2012, submit to the authorizing committeesc);CommentsClose CommentsPermalink





‘(B) not later than September 1, 2012, an interim report regarding such findings; andCommentsClose CommentsPermalink





(3‘(C) not later than September 1, 2014, submit to the authorizing committees3, a final report regarding such findings.CommentsClose CommentsPermalink





‘(2) CONTENTS- The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings of the evaluation under subsection (c), for--CommentsClose CommentsPermalink





‘(A) improving the operation and administration of the auction; andCommentsClose CommentsPermalink





‘(B) improving the operation and administration of other loan programs under part B.’.CommentsClose CommentsPermalink

TITLE V--DEVELOPING INSTITUTIONSCommentsClose CommentsPermalink

SEC. 501. AUTHORIZED ACTIVITIES.CommentsClose CommentsPermalink

Section 503(b) (20 U.S.C. 1101b(b)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (6) through (14) as paragraphs (8) through, (7), (8), (9), (10), (11), (12), (13), and (14), as paragraphs (7), (8), (9), (10), (11), (12), (13), (14), and (16), respectively;CommentsClose CommentsPermalink





(2) in paragraph (5), by inserting ‘, including innovative, customized remedial education and English language instruction courses and customized instruction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion’ before the period at the end;CommentsClose CommentsPermalink





(3) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(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 4two-year to four-year institutions.’;CommentsClose CommentsPermalink





(4) by inserting after paragraph (14) (as redesignated by paragraph (1)) the following:CommentsClose CommentsPermalink





‘(15) Providing education, counseling services, or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under title IV.’; andCommentsClose CommentsPermalink





(4) in paragraph (125) in paragraph (11) (as redesignated by paragraph (1)), by striking ‘distance learning academic instruction capabilities’ and inserting ‘distance education technologies’.CommentsClose CommentsPermalink

SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.CommentsClose CommentsPermalink

(a) Establishment of ProgramAmendments- Title V (20 U.S.C. 1101 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating part B as part C;CommentsClose CommentsPermalink





(2) by redesignating sections 511 through 518 as sections 521 through 528, respectively; andCommentsClose CommentsPermalink





(3) by inserting after section 505 the following:CommentsClose CommentsPermalink

‘PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS

‘SEC. 511. PURPOSES.CommentsClose CommentsPermalink

‘The purposes of this part are--CommentsClose CommentsPermalink





‘(1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; andCommentsClose CommentsPermalink





‘(2) to expand the postbaccalaureate academic offerings and enhance the program quality in the institutions of higher education that are educating the majority of Hispanic college students and helping large numbers of Hispanic and low-income students complete postsecondary degrees.CommentsClose CommentsPermalink

‘SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.CommentsClose CommentsPermalink

‘(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 5123.CommentsClose CommentsPermalink





‘(b) Eligibility- For the purposes of this part, an ‘eligible institution’ means an institution of higher education that--CommentsClose CommentsPermalink





‘(1) is a Hispanic-serving institution (as defined in section 502); andCommentsClose CommentsPermalink





‘(2) offers a postbaccalaureate certificate or postbaccalaureate degree granting program.CommentsClose CommentsPermalink

‘SEC. 5123. AUTHORIZED ACTIVITIES.CommentsClose CommentsPermalink

‘Grants awarded under this part shall be used for 1one or more of the following activities:CommentsClose CommentsPermalink





‘(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.CommentsClose CommentsPermalink





‘(2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.CommentsClose CommentsPermalink





‘(3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials.CommentsClose CommentsPermalink





‘(4) Support for needy postbaccalaureate students,low-income postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance, to permit the enrollment of such students in postbaccalaureate certificate and postbaccalaureate degree granting programs.CommentsClose CommentsPermalink





‘(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction.CommentsClose CommentsPermalink





‘(6) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.CommentsClose CommentsPermalink





‘(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and postbaccalaureate degree offerings.CommentsClose CommentsPermalink





‘(8) Other activities proposed in the application submitted pursuant to section 513 that4 that--CommentsClose CommentsPermalink





‘(A) contribute to carrying out the purposes of this part; andCommentsClose CommentsPermalink





‘(B) are approved by the Secretary as part of the review and acceptance of such application.CommentsClose CommentsPermalink

‘SEC. 5134. APPLICATION AND DURATION.CommentsClose CommentsPermalink

‘(a) Application- Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities for Hispanic and low-income students and will lead to such students’ greater financial independence.CommentsClose CommentsPermalink





‘(b) Duration- Grants under this part shall be awarded for a period not to exceed 5five years.CommentsClose CommentsPermalink





‘(c) Limitation- The Secretary may not award more than 1 grant under this part in any fiscal year to any one grant under this part in any fiscal year to any Hispanic-serving institution.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Title V (20 U.S.C. 1101 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 502--CommentsClose CommentsPermalink





(A) in subsection (a)(2)(A)(ii), by striking ‘section 512(b)’ and inserting ‘section 522(b)’; andCommentsClose CommentsPermalink





(B) in subsection (b)(2), by striking ‘section 512(a)’ and inserting ‘section 522(a)’;CommentsClose CommentsPermalink





(2) in section 521(c)(6) (as redesignated by subsection (a)(2)), by striking ‘section 516’ and inserting ‘section 526’; andCommentsClose CommentsPermalink





(3) in section 526 (as redesignated by subsection (a)(2)), by striking ‘section 518’ and inserting ‘section 528’.CommentsClose CommentsPermalink

SEC. 503. APPLICATIONS.CommentsClose CommentsPermalink

Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by striking ‘subsection (b)’ and inserting ‘subsection (c)’.CommentsClose CommentsPermalink

SEC. 504. COOPERATIVE ARRANGEMENTS.CommentsClose CommentsPermalink

Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103c(a)) is amended by striking ‘section 503’ and inserting ‘sections 503 and 5123’.CommentsClose CommentsPermalink

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103g(a)) is amended--(1) by inserting ‘part A of’ after ‘carry out’;(2) by striking ‘$62,500,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.’;(3) by striking ‘(a) Authorizations- There are’ and inserting the following to read as follows:CommentsClose CommentsPermalink





‘(a) Authorizations-CommentsClose CommentsPermalink





‘(1) PART A- There are’; and(4) by adding at the end the following:S A AND C- There are authorized to be appropriated to carry out parts A and C $175,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.CommentsClose CommentsPermalink





‘(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$100,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.’.CommentsClose CommentsPermalink

TITLE VI--INTERNATIONAL EDUCATION PROGRAMSCommentsClose CommentsPermalink

SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY.CommentsClose CommentsPermalink

Section 601 (20 U.S.C. 1121) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘and purposes’ and inserting ‘; purposes; consultation; survey’;CommentsClose CommentsPermalink





(2) in subsection (a)(3), by striking ‘post-Cold War’;CommentsClose CommentsPermalink





(3) in subsection (b)(1)(D), by inserting ‘, including through linkages with overseas institutions’ before the semicolon; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Consultation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall, prior to requesting applications for funding under this title during each grant cycle, consult with and receive recommendations regarding national need for expertise in foreign languages and world regions from the head officials of a wide range of Federal agencies.CommentsClose CommentsPermalink





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 ‘(2) CONSIDERING RECOMMENDATIONS; PROVIDING INFORMATION- The Secretary-- CommentsClose CommentsPermalink





‘(A) may take into account the recommendations described in paragraph (1); andCommentsClose CommentsPermalink





‘(B) shall--CommentsClose CommentsPermalink





‘(i) provide information collected under paragraph (1) 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) ; andCommentsClose CommentsPermalink





‘(ii) make available to applicants a list of areas identified as areas of national need.CommentsClose CommentsPermalink





‘(d) Survey- The Secretary shall assist grantees in developing a survey to administer to students who have participated incompleted programs under this title to determine postgraduation placemente employment, education, or training. All grantees, where applicable, shall administer such survey not less often than annually and report such dataonce every two years and report survey results to the Secretary.’.CommentsClose CommentsPermalink

SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS.CommentsClose CommentsPermalink

Section 602 (20 U.S.C. 1122) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary is authorized to make grants to institutions of higher education or consortia of such institutions for the purpose of establishing, strengthening, and operating--CommentsClose CommentsPermalink





‘(i) comprehensive foreign language and area or international studies centers and programs; andCommentsClose CommentsPermalink





‘(ii) a diverse network of undergraduate foreign language and area or international studies centers and programs.’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (G), by striking ‘and’ after the semicolon;(ii) in subparagraph (H), by striking the period and inserting ‘; and’; and(iii) by adding at the end the following:‘(I) support forby striking ‘and’ at the end of subparagraph (G);CommentsClose CommentsPermalink





(ii) by striking the period at the end of subparagraph (H) and inserting a semicolon; andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (H) the following new subparagraphs:CommentsClose CommentsPermalink





‘(I) supporting instructors of the less commonly taught languages.’; and(B) in paragraph (4)--(i) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively;(ii) by inserting after subparagraph (B) the following:‘(C) ; andCommentsClose CommentsPermalink





‘(J) projects that support students in the science, technology, engineering, and mathematics fields to achieve foreign language proficiency.’; andCommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) in subparagraph (C)--CommentsClose CommentsPermalink





(I) by striking ‘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.’;(iii) in subparagraph (D) (as redesignated by clause (i)’ and inserting ‘Partnerships or programs of linkage and outreach’; andCommentsClose CommentsPermalink





(II) by inserting ‘, including Federal or State scholarship programs for students in related areas’ before the period at the end;CommentsClose CommentsPermalink





and(iv) in subparagraph (F) (as redesignated by clause (i)), by striking ‘ (ii) in subparagraph (E)-- CommentsClose CommentsPermalink





(I) by striking ‘foreign area’ and inserting ‘area studies’;CommentsClose CommentsPermalink





(II) by striking ‘of linkage and outreach’; andCommentsClose CommentsPermalink





(III) by striking ‘(C), and (D)’ and inserting ‘(D), and (E)’;CommentsClose CommentsPermalink





(iii) by redesignating subparagraphs (C) through (E) (as so amended) as subparagraphs (D) through (F), respectively; andCommentsClose CommentsPermalink





(iv) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) Programs of linkage or outreach between or among--CommentsClose CommentsPermalink





‘(i) postsecondary programs or departments in foreign language, area studies, or other international fields; andCommentsClose CommentsPermalink





‘(ii) State educational agencies or local educational agencies.’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Graduate’; andCommentsClose CommentsPermalink





(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) ELIGIBLE STUDENTS- A student receiving a stipend described in paragraph (1) shall be engaged--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B)(i) in the case of an undergraduate student, in the intermediate or advanced study of a less commonly taught language; orCommentsClose CommentsPermalink





‘(ii) in the case of a graduate student, in graduate study in connection with a program described in subparagraph (A), including--CommentsClose CommentsPermalink





‘(I) predissertation level study;CommentsClose CommentsPermalink





‘(II) preparation for dissertation research;CommentsClose CommentsPermalink





‘(III) dissertation research abroad; orCommentsClose CommentsPermalink





‘(IV) dissertation writing.’; andCommentsClose CommentsPermalink





(3) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Allowances-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) are closely linked to the overall goals of the recipient’s course of study; andCommentsClose CommentsPermalink





‘(B) have the purpose of promoting foreign language fluency and knowledge of foreign cultures.CommentsClose CommentsPermalink





’; and(4) by adding at the end the following:‘(e) Application- Each institution or combination of institutions‘(e) Application- Each institution of higher education or consortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require. Each application shall includesuch application shall include--CommentsClose CommentsPermalink





‘(1) an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs. 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 ; andCommentsClose CommentsPermalink





‘(2) a description of how the applicant will encourage government service in areas of national need, as identified by the Secretary, as well as in needsareas of need in the education, business, and nonprofit sectors.’.CommentsClose CommentsPermalink

SEC. 603. LANGUAGE RESOURCE CENTERS.CommentsClose CommentsPermalink

SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS.CommentsClose CommentsPermalink

Section 604 (20 U.S.C. 1124) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking ‘combinations’ each place it appears and inserting ‘consortia’;CommentsClose CommentsPermalink





(2) in subsection (a)(2)--CommentsClose CommentsPermalink





(A) in paragraph (2)--(isubparagraph (B), by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





‘(ii) pre-service teacher training and in-service teacher professional development;’;CommentsClose CommentsPermalink





(B) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively; andCommentsClose CommentsPermalink





(iiC) by inserting after subparagraph (H) the following:‘(I) providing subgrants to undergraduate stude new subparagraph:CommentsClose CommentsPermalink





‘(I) the provision of grants for educational programs abroad that--CommentsClose CommentsPermalink





‘(i) are closely linked to the program’s overall goals of the program for which the grant is awarded; andCommentsClose CommentsPermalink





‘(ii) have the purpose of promoting foreign language fluency and knowledge of foreign cultures;’; and(B) in paragraph (7)--(iworld regions;’;CommentsClose CommentsPermalink





(3) in subsection (a)(4)(B), by inserting ‘that demonstrates a need for a waiver or reduction’ before the period at the end;CommentsClose CommentsPermalink





(4) in subsection (a)(6), by inserting ‘reflect the purposes of this part and’ after ‘shall’;CommentsClose CommentsPermalink





(5) in subsection (a)(7)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iiB) in subparagraph (D), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:‘(E) a description of how the C) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) a description of how the applicant will provide information to students regarding federally funded scholarship programs in related areas;CommentsClose CommentsPermalink





‘(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.’; and(2 andCommentsClose CommentsPermalink





‘(G) a description of how the applicant will encourage service in areas of national need, as identified by the Secretary.’; andCommentsClose CommentsPermalink





(6) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘(c) Funding Support- The Secretary’ and inserting ‘the following:CommentsClose CommentsPermalink





‘(c) Funding Support-CommentsClose CommentsPermalink





‘(1) THE SECRETARYIN GENERAL- The Secretary’;CommentsClose CommentsPermalink





(B) by striking ‘10’ and inserting ‘20’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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 ten percent of such funds for the activity described in subsection (a)(2)(I).’.CommentsClose CommentsPermalink

SEC. 6045. RESEARCH; STUDIES.CommentsClose CommentsPermalink

Section 605(a) (20 U.S.C. 1125(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) evaluation of the extent to which programs assisted under this title reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs, as described in the grantee’s application;CommentsClose CommentsPermalink





‘(11) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part; andCommentsClose CommentsPermalink





‘(12) support for programs or activities to make data collected, analyzed, or disseminated under this section publicly available and easy to understand.’.CommentsClose CommentsPermalink

SEC. 6056. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS.CommentsClose CommentsPermalink

Section 606 (20 U.S.C. 1126) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘or consortia of such institutions or libraries’ and inserting ‘or partnerships between such institutions and other such institutions, libraries, or nonprofit educational organizations’;CommentsClose CommentsPermalink





(B) by striking ‘new electronic technologies’ and inserting ‘electronic technologies’;CommentsClose CommentsPermalink





(BC) by inserting ‘from foreign sources’ after ‘disseminate information’;CommentsClose CommentsPermalink





(C) in the subsection heading, by striking ‘Authority-D) by striking ‘(a) Authority- The Secretary’ and inserting ‘the following:CommentsClose CommentsPermalink





‘(a) Authority-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(DE) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT EDUCATIONAL ORGANIZATIONGRANT RECIPIENTS- The Secretary may award grants under this section to carry out the activities authorized under this section to the following:CommentsClose CommentsPermalink





‘(A) An institution of higher education.CommentsClose CommentsPermalink





‘(B) A public or nonprofit private library.CommentsClose CommentsPermalink





‘(C) A consortium of an institution of higher education and 1partnership of an institution of higher education and one or more of the following:CommentsClose CommentsPermalink





‘(i) Another institution of higher education.CommentsClose CommentsPermalink





‘(ii) A library.CommentsClose CommentsPermalink





‘(iii) A not-for-nprofit educational organization.’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘to facilitate access to’ and inserting ‘to acquire, facilitate access to,’;CommentsClose CommentsPermalink





(B) in paragraph (23), by inserting ‘or standards for’ after ‘means of’;CommentsClose CommentsPermalink





(C) in paragraph (6), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(D) in paragraph (7), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) to establish linkages to facilitate carrying out the activities described in this subsection between--CommentsClose CommentsPermalink





‘(A) the institutions of higher education, libraries, and consortia receiving grants under this partnerships receiving grants under this section; andCommentsClose CommentsPermalink





‘(B) institutions of higher education, not-for-nprofit educational organizations, and libraries overseas; andCommentsClose CommentsPermalink





‘(9) to carry out other activities that the Secretary determines are consistent with the purpose of the grants or contracts awarded under this section.’; andCommentsClose CommentsPermalink





(3) in subsection (c), by striking ‘institution or consortium’ and inserting ‘institution of higher education, library, or consortiumpartnership’.CommentsClose CommentsPermalink

SEC. 6067. SELECTION OF CERTAIN GRANT RECIPIENTS.CommentsClose CommentsPermalink

Section 607 (20 U.S.C. 1127) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘evaluates the applications for comprehensive and undergraduate language and area centers and programs.’ and inserting ‘evaluates--CommentsClose CommentsPermalink





‘(1) the applications for comprehensive foreign language and area or international studies centers and programs; andCommentsClose CommentsPermalink





‘(2) the applications for undergraduate foreign language and area or international studies centers and programs.’; andCommentsClose CommentsPermalink





(2) in subsection (b), by adding at the end the following: ‘In keeping with the purposes of this part, the Secretary shall take into account the degree to which activities of centers, programs, and fellowships at institutions of higher education address national needs, and generate information for and disseminate information to the public. The Secretary shall also consider an applicant’s record of placing students into servicepostgraduate employment, education, or training in areas of national need and an applicant’s stated efforts to increase the number of such students that go into such serviceplacements.’.CommentsClose CommentsPermalink

SEC. 6078. AMERICAN OVERSEAS RESEARCH CENTERS.CommentsClose CommentsPermalink

Section 609 (20 U.S.C. 1128a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Application- Each center desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and to receive a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require.’.CommentsClose CommentsPermalink

SEC. 6089. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.CommentsClose CommentsPermalink

Section 610 (20 U.S.C. 1128b) is amended by striking ‘$80,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.--CommentsClose CommentsPermalink





(1) by striking ‘$80,000,000’ and inserting ‘such sums as may be necessary’;CommentsClose CommentsPermalink





(2) by striking ‘1999’ and inserting ‘2009’; andCommentsClose CommentsPermalink





(3) by striking ‘4’ and inserting ‘five’.CommentsClose CommentsPermalink

SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.Section 612(f)(3)10. CONFORMING AMENDMENTS.CommentsClose CommentsPermalink

(a) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a), 1124(a)(5), 1130-1(f)(3)) is amended) are each amended by striking ‘combinations’ each place it appears and inserting ‘consortia’.CommentsClose CommentsPermalink





(b) Section 612 (20 U.S.C. 1130-1) is further amended by striking ‘combination’ each place it appears and inserting ‘consortium’.CommentsClose CommentsPermalink

(a) Centers for International Business Education- Section 612 (20 U.S.C. 1130-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink





(B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following:CommentsClose CommentsPermalink





‘(1) PURPOSE- The purpose of this section is to coordinate the programs of the Federal Government in the areas of research, education, and training in international business and trade competitiveness.’;CommentsClose CommentsPermalink





(2) in subsection (c)(2)----CommentsClose CommentsPermalink





(A) in subparagraph (E), by inserting ‘(including those that are eligible to receive assistance under part A or B of title III or under title V)’ after ‘other institutions of higher education’;CommentsClose CommentsPermalink





(B) by striking ‘and’ at the end of subparagraph (E);CommentsClose CommentsPermalink





(C) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink





(D) by inserting the following new subparagraph after subparagraph (E):CommentsClose CommentsPermalink





‘(F) programs encouraging the advancement and understanding of technology-related disciplines, including manufacturing software systems and technology management; and’; andCommentsClose CommentsPermalink





(3) in subsection (f)(3), by inserting ‘, and that diverse perspectives will be made available to students in programs under this section’ before the semicolon.CommentsClose CommentsPermalink





SEC. 610. EDUCATION AND TRAINING PROGRAMS.(b) Education and Training Programs- Section 613(c) (20 U.S.C. 1130a(c)) is amended by adding at the end the following: ‘Each such application shall include an assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs.’.CommentsClose CommentsPermalink





SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.(c) Authorization of Appropriations- Section 614 (20 U.S.C. 1130b) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘$11,000,000 for fiscal year 1999’ and all that follows through ‘fiscal years’ and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years’; and(2) in subsection (b), by striking ‘$7,000,000 for fiscal year 1999’ and all that follows through ‘fiscal years,’ and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years--CommentsClose CommentsPermalink





(A) by striking ‘$11,000,000’ and inserting ‘such sums as may be necessary’;CommentsClose CommentsPermalink





(B) by striking ‘1999’ and inserting ‘2009’; andCommentsClose CommentsPermalink





(C) by striking ‘4’ and inserting ‘five’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘$7,000,000’ and inserting ‘such sums as may be necessary’;CommentsClose CommentsPermalink





(B) by striking ‘1999’ and inserting ‘2009’; andCommentsClose CommentsPermalink





(C) by striking ‘4’ and inserting ‘five’.CommentsClose CommentsPermalink

SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT PROGRAM.CommentsClose CommentsPermalink

Section 621 (20 U.S.C. 1131) is amended--CommentsClose CommentsPermalink





(1) in subsection (c), by adding at the end the a), by striking the second sentence and inserting the following: ‘Each applicationThe Institute shall conduct a program to enhance the international competitiveness of the United States by increasing the participation of underrepresented populations in the international service, including private international voluntary organizations and the foreign service of the United States.’;CommentsClose CommentsPermalink





(2) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) by striking subparagraph (B);CommentsClose CommentsPermalink





(B) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) A tribally controlled college or university or Alaska Native or Native Hawaiian-serving institution eligible for assistance under part A or B of title III, or an institution eligible for assistance under title V.CommentsClose CommentsPermalink





‘(C) An institution of higher education that serves substantial numbers of underrepresented minority students.’; andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘(c) Application- Each’ and inserting the following:CommentsClose CommentsPermalink





‘(c) Application-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) CONTENT OF APPLICATION- Each application submitted under paragraph (1) shall include a description of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs, where applicable.’; and(2) in subsection (e)--(A) by striking ‘Match Required- The eligible’ and inserting ‘Matching Funds-

‘(1) IN GENERAL- Subject to paragraph (2), the eligible’; and

(B) by adding at the end the following:‘(2) WAIVER- The Secretary may waive the requirement of paragraph (1) for an eligible recipient if the Secretary determines such waiver is appropriate.’.CommentsClose CommentsPermalink

SEC. 613. INSTITUTIONAL DEVELOPMENT.CommentsClose CommentsPermalink

Section 622 (20 U.S.C. 1131-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘Tribally Controlled Colleges or Universities’ and inserting ‘tribally controlled colleges or universities’; andCommentsClose CommentsPermalink





(B) by striking ‘international affairs programs.’ and inserting ‘international affairs, international business, and foreign language study programs, including the teaching of foreign languages, at such colleges, universities, and institutions, respectively, which may include collaboration with institutions of higher education that receive funding under this title.’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking paragraphs (1) and (3);CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink





(C) in paragraph (1) (as redesignated by subparagraph (B)), by inserting ‘and’ after the semicolon.CommentsClose CommentsPermalink

SEC. 614. STUDY ABROAD PROGRAM.CommentsClose CommentsPermalink

Section 623(a) (20 U.S.C. 1131a(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘as defined in section 322 of this Act’; andCommentsClose CommentsPermalink





(2) by striking ‘tribally controlled Indian community colleges as defined in the Tribally Controlled Community College Assistance Act of 1978’ and inserting ‘tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions’.CommentsClose CommentsPermalink

SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS.CommentsClose CommentsPermalink

Section 624 (20 U.S.C. 1131b) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘masters’ and inserting ‘advanced’;(2) in the first sentence, by inserting ‘, and in exceptional circumstances, a doctoral degree,’ after ‘masters degree’;(3) in the second sentence, by striking ‘masters degree’ and inserting ‘advanced degree’; and(4) in the fourth sentence, by striking ‘United States’ and inserting ‘United States.by striking ‘masters’ in the heading of such section and inserting ‘advanced’;CommentsClose CommentsPermalink





(2) by striking ‘a masters degree in international relations’ and inserting ‘an advanced degree in international relations, international affairs, international economics, or other academic areas related to the Institute fellow’s career objectives’; andCommentsClose CommentsPermalink





(3) by striking ‘The masters degree program designed by the consortia’ and inserting ‘The advanced degree study program shall be designed by the consortia, consistent with the fellow’s career objectives, and’.CommentsClose CommentsPermalink

SEC. 616. INTERNSHIPS.CommentsClose CommentsPermalink

Section 625 (20 U.S.C. 1131c) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘as defined in section 322 of this Act’;CommentsClose CommentsPermalink





(B) by striking ‘tribally controlled Indian community colleges as defined in the Tribally Controlled Community College Assistance Act of 1978’ and inserting ‘tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions’;CommentsClose CommentsPermalink





(C) by striking ‘an international’ and inserting ‘international,’; andCommentsClose CommentsPermalink





(D) by striking ‘the United States Information Agency’ and inserting ‘the Department of State’;CommentsClose CommentsPermalink





and(2 (2) in subsection (b)-- CommentsClose CommentsPermalink





(A) by inserting ‘and’ after the semicolon at the end of paragraph (2);CommentsClose CommentsPermalink





(B) by striking ‘; and’ at the end of paragraph (3) and inserting a period; andCommentsClose CommentsPermalink





(C) by striking paragraph (4); andCommentsClose CommentsPermalink





(3) in subsection (c)(1)--CommentsClose CommentsPermalink





(A) in subparagraph (E), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (F), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(C) by striking subparagraph (G).CommentsClose CommentsPermalink

SEC. 617. FINANCIAL ASSISTANCE.CommentsClose CommentsPermalink

Part C of title VI (20 U.S.C. 1131 et seq.) is further amended--CommentsClose CommentsPermalink





(1) by redesignating sections 626, 627, and 628 as sections 627, 628, and 629, respectively; andCommentsClose CommentsPermalink





(2) by inserting after section 625 the following:CommentsClose CommentsPermalink

‘SEC. 626. FINANCIAL ASSISTANCE.CommentsClose CommentsPermalink

‘(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 needylow-income students to facilitate the participation of the students in the Institute’s programs under this part.CommentsClose CommentsPermalink





‘(b) Summer Stipends-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) AMOUNT- A summer stipend awarded to a student under this section shall not exceed $3,000 per summer.CommentsClose CommentsPermalink





‘(c) Ralph Bunche Scholarship-CommentsClose CommentsPermalink





‘(1) REQUIREMENTS- A student receiving a Ralph Bunche scholarship under this section--CommentsClose CommentsPermalink





‘(A) shall be a full-time student at an institution of higher education who is accepted into a program funded under this part; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) AMOUNT AND DURATION- A Ralph Bunche scholarship awarded to a student under this section shall not exceed $5,000 per academic year.’.CommentsClose CommentsPermalink

SEC. 618. REPORT.CommentsClose CommentsPermalink

Section 627 (as redesignated by section 617(1)) (20 U.S.C. 1131d) is amended by striking ‘annually’ and inserting ‘biennially prepare a report’ and inserting ‘prepare a report once every two years’.CommentsClose CommentsPermalink

SEC. 619. GIFTS AND DONATIONS.CommentsClose CommentsPermalink

Section 628 (as redesignated by section 617(1)) (20 U.S.C. 1131e) is amended by striking ‘annual report described in section 626’ and inserting ‘biennial report described in section report described in section 627’.CommentsClose CommentsPermalink

SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.CommentsClose CommentsPermalink

Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f) is amended by striking ‘$10,000,000 for fiscal year 1999’ and all that follows through the period and inserting ‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.--CommentsClose CommentsPermalink





(1) by striking ‘$10,000,000’ and inserting ‘such sums as may be necessary’;CommentsClose CommentsPermalink





(2) by striking ‘1999’ and inserting ‘2009’; andCommentsClose CommentsPermalink





(3) by striking ‘4 succeeding’ and inserting ‘five succeeding’.CommentsClose CommentsPermalink

SEC. 621. DEFINITIONS.CommentsClose CommentsPermalink

Section 631 (20 U.S.C. 1132) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (7);CommentsClose CommentsPermalink





(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3), respectively;CommentsClose CommentsPermalink





(3) in paragraph (2), as redesignated by paragraph (2), by striking ‘comprehensive language and area center’ and inserting ‘comprehensive foreign language and area or international studies center’;CommentsClose CommentsPermalink





(4) in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(5) by inserting after paragraph (4), as redesignated by paragraph (2), the following:CommentsClose CommentsPermalink





‘(5) the term ‘historically Black college and university’ has the meaning given the term ‘part B institution’ in section 322;’;CommentsClose CommentsPermalink





(6) in paragraph (6), as redesignated by paragraph (2), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(7) by inserting after paragraph (8), as redesignated by paragraph (2), the following:CommentsClose CommentsPermalink





‘(9) the term ‘tribally controlled college or university’ has the meaning given the term in section 2 of the Tribally Controlled College or Universitys and Universities Assistance Act of 1978 (25 U.S.C. 1801); and’; andCommentsClose CommentsPermalink





(8) in paragraph (10), as redesignated by paragraph (2),--CommentsClose CommentsPermalink





(A) by striking ‘undergraduate language and area center’ and inserting ‘undergraduate foreign language and area or international studies center’; andCommentsClose CommentsPermalink





(B) by striking the semicolon and inserting a period.CommentsClose CommentsPermalink

SEC. 622. ASSESSMENT AND ENFORCEMENTNEW PROVISIONS.CommentsClose CommentsPermalink

Part D of title VI (20 U.S.C. 1132) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 632. ASSESSMENT; ENFORCEMENT;SPECIAL RULE.CommentsClose CommentsPermalink

‘The Secretary may waive or reduce the non-Federal share required under this title for institutions that--CommentsClose CommentsPermalink





‘(1) are eligible to receive assistance under part A or B of title III or under title V; andCommentsClose CommentsPermalink





‘(2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.’.CommentsClose CommentsPermalink

‘SEC. 633. RULE OF CONSTRUCTION.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink

‘SEC. 6334. ASSESSMENT.CommentsClose CommentsPermalink

‘The Secretary is authorized to assess and ensure compliance with all the conditions and terms of grants provided under this title.CommentsClose CommentsPermalink

‘SEC. 635. EVALUATION, OUTREACH, AND INFORMATION.CommentsClose CommentsPermalink

‘The Secretary may use not more than 1one 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.CommentsClose CommentsPermalink

‘SEC. 634. BIENNIAL6. REPORT.CommentsClose CommentsPermalink

‘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 reportreport once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees and made available to the public.CommentsClose CommentsPermalink