Version	Word Count	Changes From Previous Version	Percent Change
Engrossed in House	9,376	n/a	n/a
Referred in Senate	9,330	6	1%
Engrossed Amendment Senate	10,751	177	33%
Enrolled Bill	10,382	11 Show Changes Hide Changes	2%

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HR 1777 EAS

In the Senate of the United States,

June 23, 2009.

Resolved, That the bill from the House of Representatives (H.R.1777CommentsClose CommentsPermalink

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

CommentsClose CommentsPermalink

To make technical corrections to the Higher Education Act of 1965, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the following

AMENDMENT:

Strike 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. TABLE OF CONTENTS.CommentsClose CommentsPermalink

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Table of contents.CommentsClose CommentsPermalink





Sec. 2. References.CommentsClose CommentsPermalink





Sec. 3. Effective date.CommentsClose CommentsPermalink

TITLE I--GENERAL PROVISIONS

Sec. 101. General provisions.CommentsClose CommentsPermalink

TITLE II--TEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality enhancement.CommentsClose CommentsPermalink

TITLE III--INSTITUTIONAL AID

Sec. 301. Institutional aid.CommentsClose CommentsPermalink





Sec. 302. Multiagency study of minority science programs.CommentsClose CommentsPermalink

TITLE IV--STUDENT ASSISTANCE

Sec. 401. Grants to students in attendance at institutions of higher education.CommentsClose CommentsPermalink





Sec. 402. Federal Family Education Loan Program.CommentsClose CommentsPermalink





Sec. 403. Federal work-study programs.CommentsClose CommentsPermalink





Sec. 404. Federal Direct Loan Program.CommentsClose CommentsPermalink





Sec. 405. Federal Perkins Loans.CommentsClose CommentsPermalink





Sec. 406. Need analysis.CommentsClose CommentsPermalink





Sec. 407. General provisions of title IV.CommentsClose CommentsPermalink





Sec. 408. Program integrity.CommentsClose CommentsPermalink





Sec. 409. Waiver of master calendar and negotiated rulemaking requirements.CommentsClose CommentsPermalink

TITLE V--DEVELOPING INSTITUTIONS

Sec. 501. Developing institutions.CommentsClose CommentsPermalink

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

Sec. 601. International education programs.CommentsClose CommentsPermalink

TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT

Sec. 701. Graduate and postsecondary improvement programs.CommentsClose CommentsPermalink

TITLE VIII--ADDITIONAL PROGRAMS

Sec. 801. Additional programs.CommentsClose CommentsPermalink





Sec. 802. Amendments to other higher education Acts.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. EFFECTIVE DATE.CommentsClose CommentsPermalink

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

TITLE I--GENERAL PROVISIONSCommentsClose CommentsPermalink

SEC. 101. GENERAL PROVISIONS.CommentsClose CommentsPermalink

(a) Higher Education Opportunity Act-CommentsClose CommentsPermalink





(1) GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION- Section 101(b) of the Higher Education Opportunity Act (Public Law 110-315) is amended by striking ‘July 1, 2010’ and inserting ‘the date of enactment of this Act’.CommentsClose CommentsPermalink





(2) DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS- Section 102(e) of the Higher Education Opportunity Act (Public Law 110-315) is amended by striking the period at the end and inserting ‘, except that, with respect to foreign nursing schools that were eligible to participate in part B of title IV as of the day before the date of enactment of this Act, the amendments made by subsection (a)(1)(D) shall take effect on July 1, 2012.’.CommentsClose CommentsPermalink





(b) Higher Education Act of 1965- Title I (20 U.S.C. 1001 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 102(a)(2)(D) (20 U.S.C. 1002(a)(2)(D)), by striking ‘under part B’ and inserting ‘under part B of title IV’;CommentsClose CommentsPermalink





(2) in section 111(b) (20 U.S.C. 1011(b)), by striking ‘With’ and inserting ‘with’;CommentsClose CommentsPermalink





(3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. 1015(a)(3)(A)(iii)(I)), by striking ‘section 428(a)(2)(C)(i)’ and inserting ‘section 428(a)(2)(C)(ii)’;CommentsClose CommentsPermalink





(4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), by striking ‘(Family Educational Rights and Privacy Act of 1974)’ and inserting ‘(commonly known as the ‘Family Educational Rights and Privacy Act of 1974’)’;CommentsClose CommentsPermalink





(5) in section 141 (20 U.S.C. 1018)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of subsection (c)(3), by striking ‘under this title’ and inserting ‘under title IV’; andCommentsClose CommentsPermalink





(B) in subsection (d)(3), by striking ‘appropriate committees of Congress’ and inserting ‘authorizing committees’;CommentsClose CommentsPermalink





(6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 1019b(a)(1)(B)(iii)(V)), by striking ‘borrowers who take out loans under’ each place the term appears and inserting ‘borrowers of loans made under’; andCommentsClose CommentsPermalink





(7) in section 155(a) (20 U.S.C. 1019d(a)), by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) include a place to provide information on--CommentsClose CommentsPermalink





‘(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of title IV;CommentsClose CommentsPermalink





‘(B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the expected family contribution, as determined by the institution, in accordance with title IV, for students who have completed the Free Application for Federal Student Aid; andCommentsClose CommentsPermalink





‘(C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and’.CommentsClose CommentsPermalink

TITLE II--TEACHER QUALITY ENHANCEMENTCommentsClose CommentsPermalink

SEC. 201. TEACHER QUALITY ENHANCEMENT.CommentsClose CommentsPermalink

Title II (20 U.S.C. 1021 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 200(22) (20 U.S.C. 1021(22)), by striking subparagraph (D) and inserting the following:CommentsClose CommentsPermalink





‘(D) prior to completion of the program--CommentsClose CommentsPermalink





‘(i) attains full State certification or licensure and becomes highly qualified; andCommentsClose CommentsPermalink





‘(ii) acquires a master’s degree not later than 18 months after beginning the program.’;CommentsClose CommentsPermalink





(2) in section 202 (20 U.S.C. 1022a)--CommentsClose CommentsPermalink





(A) in subsection (b)(6)(E)(ii), by striking ‘section 1111(b)(2)’ and inserting ‘section 1111(b)(1)’;CommentsClose CommentsPermalink





(B) in subsection (c)(1), by striking ‘pre-baccalaureate’;CommentsClose CommentsPermalink





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





(i) in the heading, by striking ‘Pre-Baccalaureate’ and inserting ‘the’; andCommentsClose CommentsPermalink





(ii) in the matter preceding paragraph (1), by striking ‘An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following:’ and inserting ‘An eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out an effective pre-baccalaureate teacher preparation program or a 5th year initial licensing program that includes all of the following:’;CommentsClose CommentsPermalink





(D) in subsection (e)(2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(ii), by striking ‘to earn’ and inserting ‘leading to’; andCommentsClose CommentsPermalink





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





(I) in clause (i), by striking ‘one-year’ before ‘teaching residency program’; andCommentsClose CommentsPermalink





(II) in clause (iii)(I), by striking ‘one-year’; andCommentsClose CommentsPermalink





(E) in subsection (i)(3), by striking ‘consent of’ and inserting ‘consent to’; andCommentsClose CommentsPermalink





(3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), by striking ‘serve graduate’ and inserting ‘assist in the graduation of’.CommentsClose CommentsPermalink

TITLE III--INSTITUTIONAL AIDCommentsClose CommentsPermalink

SEC. 301. INSTITUTIONAL AID.CommentsClose CommentsPermalink

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





(1) in section 316 (20 U.S.C. 1059c)--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘Indian Tribal’ and inserting ‘Tribal’; andCommentsClose CommentsPermalink





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





(i) in paragraph (1), by striking ‘the Tribally Controlled College or University Assistance Act of 1978’ and inserting ‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’;CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘the Tribally Controlled College or University Assistance Act of 1978’ and inserting ‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’; andCommentsClose CommentsPermalink





(iii) in paragraph (3)(A), by striking ‘the Navajo Community College Assistance Act of 1978’ and inserting ‘the Navajo Community College Act’;CommentsClose CommentsPermalink





(2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), by striking subparagraph (F) and inserting the following:CommentsClose CommentsPermalink





‘(F) is not receiving assistance under--CommentsClose CommentsPermalink





‘(i) part B;CommentsClose CommentsPermalink





‘(ii) part A of title V; orCommentsClose CommentsPermalink





‘(iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).’;CommentsClose CommentsPermalink





(3) in section 323(a) (20 U.S.C. 1062(a)), in the matter preceding paragraph (1), by striking ‘in any fiscal year’ and inserting ‘for any fiscal year,’;CommentsClose CommentsPermalink





(4) in section 324(d) (20 U.S.C. 1063(d))--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink





(B) by striking ‘Notwithstanding subsections (a)’ and inserting ‘(1) Notwithstanding subsections (a)’; andCommentsClose CommentsPermalink





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





‘(2) If the amount appropriated pursuant to section 399(a)(2)(A) for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).’;CommentsClose CommentsPermalink





(5) in section 351(a) (20 U.S.C. 1067a(a))--CommentsClose CommentsPermalink





(A) by striking ‘section 304(a)(1)’ and inserting ‘section 303(a)(1)’; andCommentsClose CommentsPermalink





(B) by striking ‘of 1979’;CommentsClose CommentsPermalink





(6) in section 355(a) (20 U.S.C. 1067e(a)), by striking ‘302’ and inserting ‘312’;CommentsClose CommentsPermalink





(7) in section 371(c) (20 U.S.C. 1067q(c))--CommentsClose CommentsPermalink





(A) in paragraph (3)(D), by striking ‘402A(g)’ and inserting ‘402A(h)’;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking ‘402A(g)’ and inserting ‘402A(h)’; andCommentsClose CommentsPermalink





(C) in paragraph (9)--CommentsClose CommentsPermalink





(i) in subparagraph (C)(iii), by striking ‘402A(g)’ and inserting ‘402A(h)’; andCommentsClose CommentsPermalink





(ii) by amending subparagraph (F) to read as follows:CommentsClose CommentsPermalink





‘(F) is not receiving assistance under--CommentsClose CommentsPermalink





‘(i) part B;CommentsClose CommentsPermalink





‘(ii) part A of title V; orCommentsClose CommentsPermalink





‘(iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).’; andCommentsClose CommentsPermalink





(8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), by striking ‘College or University’ and inserting ‘Colleges and Universities’.CommentsClose CommentsPermalink

SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE PROGRAMS.CommentsClose CommentsPermalink

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

TITLE IV--STUDENT ASSISTANCECommentsClose CommentsPermalink

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

(a) Amendments- Part A of title IV (20 U.S.C. 1070 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 400(b) (20 U.S.C. 1070(b)), by striking ‘1 through 8’ and inserting ‘1 through 9’;CommentsClose CommentsPermalink





(2) in section 401 (20 U.S.C. 1070a)--CommentsClose CommentsPermalink





(A) in the second sentence of subsection (a)(1), by striking ‘manner,,’ and inserting ‘manner,’;CommentsClose CommentsPermalink





(B) in subsection (b)(1), by striking ‘section 401’ and inserting ‘this section’; andCommentsClose CommentsPermalink





(C) in subsection (b)(9)(A)--CommentsClose CommentsPermalink





(i) in clause (vi), by striking ‘$105,000,000’ and inserting ‘$258,000,000’; andCommentsClose CommentsPermalink





(ii) in clause (viii), by striking ‘$4,400,000,000’ and inserting ‘$4,452,000,000’;CommentsClose CommentsPermalink





(3) by striking paragraph (4) of section 401(f) (20 U.S.C. 1070a(f)), as added by section 401(c) of the Higher Education Opportunity Act (Public Law 110-315);CommentsClose CommentsPermalink





(4) in section 402A (20 U.S.C. 1070a-11)--CommentsClose CommentsPermalink





(A) in subsection (b)(1), by striking ‘organizations including’ and inserting ‘organizations, including’; andCommentsClose CommentsPermalink





(B) in subsection (c)(8)(C)(iv)(I), by inserting ‘to be’ after ‘determined’;CommentsClose CommentsPermalink





(5) in section 402E(d)(2)(C) (20 U.S.C. 1070a-15(d)(2)(C)), by striking ‘320.’ and inserting ‘320’;CommentsClose CommentsPermalink





(6) in section 415E(b)(1)(B) (20 U.S.C. 1070c-3a(b)(1)(B))--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘If a’ and inserting ‘Except as provided in clause (ii), if a’;CommentsClose CommentsPermalink





(B) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(C) by inserting after clause (i) (as amended by subparagraph (A)) the following:CommentsClose CommentsPermalink





‘(ii) SPECIAL CONTINUATION AND TRANSITION RULE- If a State that applied for and received an allotment under this section for fiscal year 2010 pursuant to subsection (j) meets the specifications established in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to subsection (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day before the date of enactment of the Higher Education Opportunity Act (Public Law 110-315)).’;CommentsClose CommentsPermalink





(7) in section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)), by inserting ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(8) in section 419D(d) (20 U.S.C. 1070d-34(d)), by striking ‘1134’ and inserting ‘134’; andCommentsClose CommentsPermalink





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

‘Subpart 10--Scholarships for Veteran’s Dependents

‘SEC. 420R. SCHOLARSHIPS FOR VETERAN’S DEPENDENTS.CommentsClose CommentsPermalink

‘(a) Definition of Eligible Veteran’s Dependent- The term ‘eligible veteran’s dependent’ means a dependent or an independent student--CommentsClose CommentsPermalink





‘(1) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; andCommentsClose CommentsPermalink





‘(2) who, at the time of the parent or guardian’s death, was--CommentsClose CommentsPermalink





‘(A) less than 24 years of age; orCommentsClose CommentsPermalink





‘(B) enrolled at an institution of higher education on a part-time or full-time basis.CommentsClose CommentsPermalink





‘(b) Grants-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall award a grant to each eligible veteran’s dependent to assist in paying the eligible veteran’s dependent’s cost of attendance at an institution of higher education.CommentsClose CommentsPermalink





‘(2) DESIGNATION- Grants made under this section shall be known as ‘Iraq and Afghanistan Service Grants’.CommentsClose CommentsPermalink





‘(c) Prevention of Double Benefits- No eligible veteran’s dependent may receive a grant under both this section and section 401.CommentsClose CommentsPermalink





‘(d) Terms and Conditions- The Secretary shall award grants under this section in the same manner, and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under section 401, except that--CommentsClose CommentsPermalink





‘(1) the award rules and determination of need applicable to the calculation of Federal Pell Grants, shall not apply to grants made under this section;CommentsClose CommentsPermalink





‘(2) the provisions of subsection (a)(3), subsection (b)(1), the matter following subsection (b)(2)(A)(v), subsection (b)(3), and subsection (f), of section 401 shall not apply; andCommentsClose CommentsPermalink





‘(3) a grant made under this section to an eligible veteran’s dependent for any award year shall equal the maximum Federal Pell Grant available for that award year, except that such a grant under this section--CommentsClose CommentsPermalink





‘(A) shall not exceed the cost of attendance of the eligible veteran’s dependent for that award year; andCommentsClose CommentsPermalink





‘(B) shall be adjusted to reflect the attendance by the eligible veteran’s dependent on a less than full-time basis in the same manner as such adjustments are made under section 401.CommentsClose CommentsPermalink





‘(e) Estimated Financial Assistance- For purposes of determinations of need under part F, a grant awarded under this section shall not be treated as estimated financial assistance as described in sections 471(3) and 480(j).CommentsClose CommentsPermalink





‘(f) Authorization and Appropriations of Funds- There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, for the Secretary to carry out this section, such sums as may be necessary for fiscal year 2010 and each succeeding fiscal year.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a)(9) shall take effect on July 1, 2010.CommentsClose CommentsPermalink





(c) Higher Education Opportunity Act- Section 404 of the Higher Education Opportunity Act (Public Law 110-315) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Effective Date; Transition-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The amendments made by subsection (e) shall apply to grants made under chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et seq.) on or after the date of enactment of this Act, except that a recipient of a grant under such chapter that is made prior to such date may elect to apply the requirements contained in the amendments made by subsection (e) to that grant if the grant recipient informs the Secretary of the election.CommentsClose CommentsPermalink





‘(2) SPECIAL RULE- A grant recipient may make the election described in paragraph (1) only if the election does not decrease the amount of the scholarship promised to an individual student under the grant.’.CommentsClose CommentsPermalink

SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM.CommentsClose CommentsPermalink

(a) Amendment to Provision Amended by the College Cost Reduction and Access Act-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428(b)(1)(G)(i) (20 U.S.C. 1078(b)(1)(G)(i)), as amended by section 303 of the College Cost Reduction and Access Act (Public Law 110-84), is amended by striking ‘or 439(q)’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall be effective as if enacted as part of the amendment in section 303(a) of the College Cost Reduction and Access Act (Public Law 110-84), shall take effect on October 1, 2012, and shall apply with respect to loans made on or after such date.CommentsClose CommentsPermalink





(b) Entrance Counseling Functions-CommentsClose CommentsPermalink





(1) GUARANTY AGENCIES- Section 428(b)(3) (20 U.S.C. 1078(b)(3)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (C), by inserting ‘or 485(l)’ after ‘section 485(b)’; andCommentsClose CommentsPermalink





(B) in subparagraph (D), by inserting ‘or 485(l)’ after ‘section 485(b)’.CommentsClose CommentsPermalink





(2) ELIGIBLE LENDERS- Section 435(d)(5) (20 U.S.C. 1085(d)(5)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (E), by inserting ‘or 485(l)’ after ‘section 485(b)’; andCommentsClose CommentsPermalink





(B) in subparagraph (F), by inserting ‘or 485(l)’ after ‘section 485(b)’.CommentsClose CommentsPermalink





(c) Amendment to Provision Amended by the Higher Education Opportunity Act-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428C(c)(3)(A) (20 U.S.C. 1078-3(c)(3)(A)), as amended by section 425 of the Higher Education Opportunity Act (Public Law 110-315), is amended by striking ‘section 493C’ and inserting ‘section 493C,’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall be effective as if enacted as part of the amendments in section 425(d)(1) of the Higher Education Opportunity Act (Public Law 110-315), and shall take effect on July 1, 2009.CommentsClose CommentsPermalink





(d) Rehabilitation of Student Loans-CommentsClose CommentsPermalink





(1) Section 428F (20 U.S.C. 1078-6) is amended--CommentsClose CommentsPermalink





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





(i) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) SALE OR ASSIGNMENT OF LOAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each guaranty agency, upon securing 9 payments made within 20 days of the due date during 10 consecutive months of amounts owed on a loan for which the Secretary has made a payment under paragraph (1) of section 428(c), shall--CommentsClose CommentsPermalink





‘(i) if practicable, sell the loan to an eligible lender; orCommentsClose CommentsPermalink





‘(ii) on or before September 30, 2011, assign the loan to the Secretary if--CommentsClose CommentsPermalink





‘(I) the Secretary has determined that market conditions unduly limit a guaranty agency’s ability to sell loans under clause (i); andCommentsClose CommentsPermalink





‘(II) the guaranty agency has been unable to sell loans under clause (i).CommentsClose CommentsPermalink





‘(B) MONTHLY PAYMENTS- Neither the guaranty agency nor the Secretary shall demand from a borrower as monthly payment amounts described in subparagraph (A) more than is reasonable and affordable based on the borrower’s total financial circumstances.CommentsClose CommentsPermalink





‘(C) CONSUMER REPORTING AGENCIES- Upon the sale or assignment of the loan, the Secretary, guaranty agency or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history.CommentsClose CommentsPermalink





‘(D) DUTIES UPON SALE- With respect to a loan sold under subparagraph (A)(i)--CommentsClose CommentsPermalink





‘(i) the guaranty agency--CommentsClose CommentsPermalink





‘(I) shall repay the Secretary 81.5 percent of the amount of the principal balance outstanding at the time of such sale, multiplied by the reinsurance percentage in effect when payment under the guaranty agreement was made with respect to the loan; andCommentsClose CommentsPermalink





‘(II) may, in order to defray collection costs--CommentsClose CommentsPermalink

‘(aa) charge to the borrower an amount not to exceed 18.5 percent of the outstanding principal and interest at the time of the loan sale; andCommentsClose CommentsPermalink

‘(bb) retain such amount from the proceeds of the loan sale; andCommentsClose CommentsPermalink

‘(ii) the Secretary shall reinstate the Secretary’s obligation to--CommentsClose CommentsPermalink





‘(I) reimburse the guaranty agency for the amount that the agency may, in the future, expend to discharge the guaranty agency’s insurance obligation; andCommentsClose CommentsPermalink





‘(II) pay to the holder of such loan a special allowance pursuant to section 438.CommentsClose CommentsPermalink





‘(E) DUTIES UPON ASSIGNMENT- With respect to a loan assigned under subparagraph (A)(ii)--CommentsClose CommentsPermalink





‘(i) the guaranty agency shall add to the principal and interest outstanding at the time of the assignment of such loan an amount equal to the amount described in subparagraph (D)(i)(II)(aa); andCommentsClose CommentsPermalink





‘(ii) the Secretary shall pay the guaranty agency, for deposit in the agency’s Operating Fund established pursuant to section 422B, an amount equal to the amount added to the principal and interest outstanding at the time of the assignment in accordance with clause (i).CommentsClose CommentsPermalink





‘(F) ELIGIBLE LENDER LIMITATION- A loan shall not be sold to an eligible lender under subparagraph (A)(i) if such lender has been found by the guaranty agency or the Secretary to have substantially failed to exercise the due diligence required of lenders under this part.CommentsClose CommentsPermalink





‘(G) DEFAULT DUE TO ERROR- A loan that does not meet the requirements of subparagraph (A) may also be eligible for sale or assignment under this paragraph upon a determination that the loan was in default due to clerical or data processing error and would not, in the absence of such error, be in a delinquent status.’;CommentsClose CommentsPermalink





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





(I) by striking ‘paragraph (1) of this subsection’ and inserting ‘paragraph (1)(A)(i)’; andCommentsClose CommentsPermalink





(II) by striking ‘paragraph (1)(B)(ii) of this subsection’ and inserting ‘paragraph (1)(D)(ii)(I)’;CommentsClose CommentsPermalink





(iii) in paragraph (3)--CommentsClose CommentsPermalink





(I) by striking ‘sold under paragraph (2)’ and inserting ‘sold or assigned under paragraph (1)(A)’; andCommentsClose CommentsPermalink





(II) by striking ‘sale.’ and inserting ‘sale or assignment.’;CommentsClose CommentsPermalink





(iv) in paragraph (4), by striking ‘which is sold under paragraph (1) of this subsection’ and inserting ‘that is sold or assigned under paragraph (1)’; andCommentsClose CommentsPermalink





(v) in paragraph (5), by inserting ‘(whether by loan sale or assignment)’ after ‘rehabilitating a loan’; andCommentsClose CommentsPermalink





(B) in subsection (b), in the first sentence, by inserting ‘or assigned to the Secretary’ after ‘sold to an eligible lender’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall be effective on the date of enactment of this Act, and shall apply to any loan on which monthly payments described in section 428F(a)(1)(A) were paid before, on, or after such date of enactment.CommentsClose CommentsPermalink





(e) Repayment in Full for Death and Disability-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 437(a)(1) (20 U.S.C. 1087(a)(1)), as amended by section 437 of the Higher Education Opportunity Act (Public Law 110-315), is amended--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘Secretary),, or if’ and inserting ‘Secretary), or if’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by inserting ‘the reinstatement and resumption to be’ after ‘determines’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall be effective as if enacted as part of the amendments in section 437(a) of the Higher Education Opportunity Act (Public Law 110-315), and shall take effect on July 1, 2010.CommentsClose CommentsPermalink





(f) Other Amendments- Part B of title IV (20 U.S.C. 1071 et seq.) is further amended--CommentsClose CommentsPermalink





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





(A) in subsection (a)(2)(A)(i)(II), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





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





(i) in the matter following subclause (II) of paragraph (1)(M)(i), by inserting ‘section’ before ‘428B’;CommentsClose CommentsPermalink





(ii) in paragraph (3)(A)(i), by striking ‘any institution of higher education or the employees of an institution of higher education’ and inserting ‘any institution of higher education, any employee of an institution of higher education, or any individual or entity’;CommentsClose CommentsPermalink





(iii) in paragraph (4), by striking ‘For the purpose of paragraph (1)(M)(i)(III) of this subsection,’ and inserting ‘With respect to the graduate fellowship program referred to in paragraph (1)(M)(i)(II),’; andCommentsClose CommentsPermalink





(iv) in paragraph (7)--CommentsClose CommentsPermalink





(I) in subparagraph (B), by striking ‘clause (i) or (ii) of’; andCommentsClose CommentsPermalink





(II) in subparagraph (D), by striking ‘subparagraph (A)(i)’ and inserting ‘subparagraph (A)’; andCommentsClose CommentsPermalink





(C) in subsection (c)(9)(K), by striking ‘3 months’ and inserting ‘6 months’;CommentsClose CommentsPermalink





(2) in section 428B(e) (20 U.S.C. 1078-2(e))--CommentsClose CommentsPermalink





(A) in paragraph (3)(B), by striking ‘subsection (c)(5)(B)’ and inserting ‘subsection (d)(5)(B)’; andCommentsClose CommentsPermalink





(B) by repealing paragraph (5);CommentsClose CommentsPermalink





(3) in section 428C (20 U.S.C. 1078-3)--CommentsClose CommentsPermalink





(A) in subsection (a)(4)(E), by striking ‘subpart II of part B’ and inserting ‘part E’;CommentsClose CommentsPermalink





(B) in the matter preceding clause (i) of subsection (c)(2)(A)--CommentsClose CommentsPermalink





(i) by striking ‘subsection (b)(2)(F)’ and inserting ‘subsection (b)(2)’; andCommentsClose CommentsPermalink





(ii) by inserting a comma after ‘graduated’;CommentsClose CommentsPermalink





(C) in subsection (d)(3)(D), by striking ‘loan insurance fund’ and inserting ‘loan insurance account’; andCommentsClose CommentsPermalink





(D) in subsection (f)(3), by striking ‘subsection (a)’ and inserting ‘this subsection’;CommentsClose CommentsPermalink





(4) in section 428G(c) (20 U.S.C. 1078-7(c))--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘section 428(a)(2)(A)(i)(III)’ and inserting ‘section 428(a)(2)(A)(i)(II)’; andCommentsClose CommentsPermalink





(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) notwithstanding subsection (a)(2), may, with the permission of the borrower, be disbursed by the lender on a weekly or monthly basis, provided that the proceeds of the loan are disbursed by the lender in substantially equal weekly or monthly installments, as the case may be, over the period of enrollment for which the loan is made.’;CommentsClose CommentsPermalink





(5) in section 428H (20 U.S.C. 1078-8)--CommentsClose CommentsPermalink





(A) in subsection (d), by amending the text of the header of paragraph (2) to read as follows: ‘LIMITS FOR GRADUATE, PROFESSIONAL, AND INDEPENDENT POSTBACCALAUREATE STUDENTS’; andCommentsClose CommentsPermalink





(B) in subsection (e), by amending paragraph (6) to read as follows:CommentsClose CommentsPermalink





‘(6) REPAYMENT PERIOD- For purposes of calculating the repayment period under section 428(b)(9), such period shall commence at the time the first payment of principal is due from the borrower.’;CommentsClose CommentsPermalink





(6) in section 428J (20 U.S.C. 1078-10)--CommentsClose CommentsPermalink





(A) in subsection (c)(1), by adding at the end the following: ‘No borrower may receive a reduction of loan obligations under both this section and section 460.’; andCommentsClose CommentsPermalink





(B) in subsection (g)(2)--CommentsClose CommentsPermalink





(i) in subparagraph (B), by inserting ‘or’ after the semicolon at the end;CommentsClose CommentsPermalink





(ii) by striking subparagraph (C);CommentsClose CommentsPermalink





(iii) by redesignating subparagraph (D) as subparagraph (C); andCommentsClose CommentsPermalink





(iv) in subparagraph (C), as redesignated by clause (iii), by striking ‘12571’ and inserting ‘12601’;CommentsClose CommentsPermalink





(7) in section 428K(g)(9)(B) (20 U.S.C. 1078-11(g)(9)(B)), by striking ‘under subsection (ll)(3) of such section (42 U.S.C. 1395x(ll)(3))’ and inserting ‘under subsection (ll)(4) of such section (42 U.S.C. 1395x(ll)(4))’;CommentsClose CommentsPermalink





(8) in section 430A(f) (20 U.S.C. 1080a(f))--CommentsClose CommentsPermalink





(A) by striking ‘and (6)’ and inserting ‘and (5)’; andCommentsClose CommentsPermalink





(B) by striking ‘(a)(6)’ and inserting ‘(a)(5)’;CommentsClose CommentsPermalink





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





(A) in subsection (b), by striking ‘section 1078 of this title’ and inserting ‘section 428’; andCommentsClose CommentsPermalink





(B) in subsection (m)(1)(B)--CommentsClose CommentsPermalink





(i) in clause (i), by inserting ‘and’ after the semicolon at the end; andCommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘; and’ and inserting a period;CommentsClose CommentsPermalink





(10) in section 435 (20 U.S.C. 1085)--CommentsClose CommentsPermalink





(A) in subsection (a)(2)(C)(ii), by striking ‘a tribally controlled community college within the meaning of section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978’ and inserting ‘a tribally controlled college or university, as defined in section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978’;CommentsClose CommentsPermalink





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





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





(I) in subparagraph (A)(ii)(III), by striking ‘section 501(1) of such Code’ and inserting ‘section 501(a) of such Code’; andCommentsClose CommentsPermalink





(II) in subparagraph (G), by striking ‘sections 428A(d), 428B(d), and 428C,’ and inserting ‘sections 428B(d) and 428C,’;CommentsClose CommentsPermalink





(ii) in paragraph (2)(A)(vi), by striking ‘section 435(m)’ and inserting ‘subsection (m)’;CommentsClose CommentsPermalink





(iii) in paragraph (3), by striking ‘section 435(m)’ and inserting ‘subsection (m)’; andCommentsClose CommentsPermalink





(iv) in paragraph (5)(A), by striking ‘to any institution of higher education or any employee of an institution of higher education in order to secure applicants for loans under this part’ and inserting ‘to any institution of higher education, any employee of an institution of higher education, or any individual or entity in order to secure applicants for loans under this part’;CommentsClose CommentsPermalink





(C) in subsection (o)(1)(A)(ii), by striking ‘Service’ and inserting ‘Services’; andCommentsClose CommentsPermalink





(D) in subsection (p)(1), by striking ‘section 771’ and inserting ‘section 781’; andCommentsClose CommentsPermalink





(11) in section 438(b)(2) (20 U.S.C. 1087-1(b)(2))--CommentsClose CommentsPermalink





(A) in the second sentence of subparagraph (A), by striking ‘427A(f)’ and inserting ‘427A(i)’;CommentsClose CommentsPermalink





(B) in the first sentence of subparagraph (B)(i), by striking ‘1954’ and inserting ‘1986’; andCommentsClose CommentsPermalink





(C) in the second sentence of subparagraph (F), by striking ‘427A(f)’ and inserting ‘427A(i)’.CommentsClose CommentsPermalink

SEC. 403. FEDERAL WORK-STUDY PROGRAMS.CommentsClose CommentsPermalink

Section 443 (42 U.S.C. 2753) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(2), by striking ‘section 443’ and inserting ‘this section’;CommentsClose CommentsPermalink





(2) in subsection (d)(1), by striking ‘subsection (b)(2)(B)’ and inserting ‘subsection (b)(2)(A)’; andCommentsClose CommentsPermalink





(3) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ‘in accordance with such subsection’.CommentsClose CommentsPermalink

SEC. 404. FEDERAL DIRECT LOAN PROGRAM.CommentsClose CommentsPermalink

(a) Temporary Authority to Purchase Loans- Section 459A (20 U.S.C. 1087i-1) is amended--CommentsClose CommentsPermalink





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





(A) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘purchase of loans under this section’ and inserting ‘purchase of loans under paragraph (1)’; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





‘(3) TEMPORARY AUTHORITY TO PURCHASE REHABILITATED LOANS-CommentsClose CommentsPermalink





‘(A) AUTHORITY- In addition to the authority described in paragraph (1), the Secretary, in consultation with the Secretary of the Treasury, is authorized to purchase, or enter into forward commitments to purchase, from any eligible lender (as defined in section 435(d)(1)), loans that such lender purchased under section 428F on or after October 1, 2003, and before July 1, 2010, and that are not in default, on such terms as the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget jointly determine are in the best interest of the United States, except that any purchase under this paragraph shall not result in any net cost to the Federal Government (including the cost of servicing the loans purchased), as determined jointly by the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





‘(B) FEDERAL REGISTER NOTICE- The Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget shall jointly publish a notice in the Federal Register prior to any purchase of loans under this paragraph that--CommentsClose CommentsPermalink





‘(i) establishes the terms and conditions governing the purchases authorized by this paragraph;CommentsClose CommentsPermalink





‘(ii) includes an outline of the methodology and factors that the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget will jointly consider in evaluating the price at which to purchase loans rehabilitated pursuant to section 428F(a); andCommentsClose CommentsPermalink





‘(iii) describes how the use of such methodology and consideration of such factors used to determine purchase price will ensure that loan purchases do not result in any net cost to the Federal Government (including the cost of servicing the loans purchased).’; andCommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





‘(b) Proceeds- The Secretary shall require, as a condition of any purchase under subsection (a), that the funds paid by the Secretary to any eligible lender under this section be used--CommentsClose CommentsPermalink





‘(1) to ensure continued participation of such lender in the Federal student loan programs authorized under part B of this title; andCommentsClose CommentsPermalink





‘(2)(A) in the case of loans purchased pursuant to subsection (a)(1), to originate new Federal loans to students, as authorized under part B of this title; orCommentsClose CommentsPermalink





‘(B) in the case of loans purchased pursuant to subsection (a)(3), to originate such new Federal loans to students, or to purchase loans in accordance with section 428F(a).’.CommentsClose CommentsPermalink





(b) Other Amendments- Part D of title IV (20 U.S.C. 1087a et seq.) is amended--CommentsClose CommentsPermalink





(1) by repealing paragraph (3) of section 453(c) (20 U.S.C. 1087c(c));CommentsClose CommentsPermalink





(2) in section 455 (20 U.S.C. 1087e)--CommentsClose CommentsPermalink





(A) in subsection (d)(1)(C), by striking ‘428(b)(9)(A)(v)’ and inserting ‘428(b)(9)(A)(iv)’;CommentsClose CommentsPermalink





(B) in subsection (h), by striking ‘(except as authorized under section 457(a)(1))’; andCommentsClose CommentsPermalink





(C) in subsection (k)(1)(B), by striking ‘, or in a notice under section 457(a)(1),’;CommentsClose CommentsPermalink





(3) by repealing section 457 (20 U.S.C. 1087g); andCommentsClose CommentsPermalink





(4) in section 460 (20 U.S.C. 1087j)--CommentsClose CommentsPermalink





(A) in subsection (c)(1), by adding at the end the following: ‘No borrower may receive a reduction of loan obligations under both this section and section 428J.’; andCommentsClose CommentsPermalink





(B) in subsection (g)(2)--CommentsClose CommentsPermalink





(i) by striking subparagraph (A);CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; andCommentsClose CommentsPermalink





(iii) in subparagraph (C), as redesignated by clause (ii), by striking ‘12571’ and inserting ‘12601’.CommentsClose CommentsPermalink

SEC. 405. FEDERAL PERKINS LOANS.CommentsClose CommentsPermalink

Part E of title IV (20 U.S.C. 1087aa et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 462(a)(1) (20 U.S.C. 1087bb(a)(1)), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) 100 percent of the amount received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year), multiplied by’;CommentsClose CommentsPermalink





(2) in section 463(c) (20 U.S.C. 1087cc(c))--CommentsClose CommentsPermalink





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





(i) by moving the margins of subparagraph (A) 2 ems to the left; andCommentsClose CommentsPermalink





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





‘(B) information concerning the repayment and collection of any such loan, including information concerning the status of such loan; and’; andCommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘and (6)’ and inserting ‘and (5)’; andCommentsClose CommentsPermalink





(ii) by striking ‘(a)(6)’ and inserting ‘(a)(5)’;CommentsClose CommentsPermalink





(3) in the first sentence of the matter preceding paragraph (1) of section 463A(a) (20 U.S.C. 1087cc-1(a)), by striking ‘, in order to carry out the provisions of section 463(a)(8),’;CommentsClose CommentsPermalink





(4) in section 464 (20 U.S.C. 1087dd)--CommentsClose CommentsPermalink





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





(i) in paragraph (1)(D)--CommentsClose CommentsPermalink





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





(II) by striking ‘(II)’ and inserting ‘(ii)’; andCommentsClose CommentsPermalink





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





(I) by aligning the margin of the matter preceding subclause (I) with the margins of clause (ii);CommentsClose CommentsPermalink





(II) by aligning the margins of subclauses (I) and (II) with the margins of clause (i)(I); andCommentsClose CommentsPermalink





(III) by aligning the margins of the matter following subclause (II) with the margins of the matter following subclause (II) of clause (i); andCommentsClose CommentsPermalink





(B) in subsection (g)(5), by striking ‘credit bureaus’ and inserting ‘consumer reporting agencies’;CommentsClose CommentsPermalink





(5) in section 465(a)(6) (20 U.S.C. 1087ee(a)(6)), by striking ‘12571’ and inserting ‘12601’;CommentsClose CommentsPermalink





(6) in section 467(b) (20 U.S.C. 1087gg(b)), by striking ‘paragraph (5)(A), (5)(B)(i), or (6)’ and inserting ‘paragraph (4) or (5)’; andCommentsClose CommentsPermalink





(7) in section 469(c) (20 U.S.C. 1087ii(c)), by striking ‘and the term’ and all that follows through the period at the end and inserting ‘and the term ‘early intervention services’ has the meaning given the term in section 632 of such Act.’.CommentsClose CommentsPermalink

SEC. 406. NEED ANALYSIS.CommentsClose CommentsPermalink

(a) Amendments- Part F of title IV (20 U.S.C. 1087kk et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 473 (20 U.S.C. 1087mm)--CommentsClose CommentsPermalink





(A) by striking ‘For the purpose of this title, except subpart 2 of part A,’ and inserting ‘(a) IN GENERAL- For the purpose of this title, other than subpart 2 of part A, and except as provided in subsection (b),’; andCommentsClose CommentsPermalink





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





‘(b) Special Rule-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of this title, the family contribution of each student described in paragraph (2) shall be deemed to be zero for the academic year for which the determination is made.CommentsClose CommentsPermalink





‘(2) APPLICABILITY- Paragraph (1) shall apply to any dependent or independent student with respect to determinations of need for academic year 2009-2010 and succeeding academic years--CommentsClose CommentsPermalink





‘(A) who is eligible to receive a Federal Pell Grant for the academic year for which the determination is made;CommentsClose CommentsPermalink





‘(B) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; andCommentsClose CommentsPermalink





‘(C) who, at the time of the parent or guardian’s death, was--CommentsClose CommentsPermalink





‘(i) less than 24 years of age; orCommentsClose CommentsPermalink





‘(ii) enrolled at an institution of higher education on a part-time or full-time basis.CommentsClose CommentsPermalink





‘(3) INFORMATION- Notwithstanding any other provision of law, the Secretary of Veterans Affairs and the Secretary of Defense, as appropriate, shall provide the Secretary of Education with information necessary to determine which students meet the requirements of paragraph (2).’;CommentsClose CommentsPermalink





(2) in section 475(c)(5)(B) (20 U.S.C. 1087oo(c)(5)(B)), by inserting ‘of 1986’ after ‘Code’;CommentsClose CommentsPermalink





(3) in section 477(b)(5)(B) (20 U.S.C. 1087qq(b)(5)(B)), by inserting ‘of 1986’ after ‘Code’;CommentsClose CommentsPermalink





(4) in section 479 (20 U.S.C. 1087ss)--CommentsClose CommentsPermalink





(A) in subsection (b) (as amended by section 602 of the College Cost Reduction and Access Act (Public Law 110-84))--CommentsClose CommentsPermalink





(i) in paragraph (1)(A)(i), by amending subclause (III) to read as follows:CommentsClose CommentsPermalink





‘(III) include at least one parent who is a dislocated worker; or’; andCommentsClose CommentsPermalink





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





‘(III) is a dislocated worker or has a spouse who is a dislocated worker; or’; andCommentsClose CommentsPermalink





(B) in subsection (c) (as amended by such section 602)--CommentsClose CommentsPermalink





(i) in paragraph (1)(A), by amending clause (iii) to read as follows:CommentsClose CommentsPermalink





‘(iii) include at least one parent who is a dislocated worker; or’; andCommentsClose CommentsPermalink





(ii) in paragraph (2)(A), by amending clause (iii) to read as follows:CommentsClose CommentsPermalink





‘(iii) is a dislocated worker or has a spouse who is a dislocated worker; or’;CommentsClose CommentsPermalink





(5) in section 479C (20 U.S.C. 1087uu-1)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘under’ and all that follows through ‘; and’ and inserting ‘under Public Law 98-64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and’; andCommentsClose CommentsPermalink





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





(i) by striking ‘Alaskan’ and inserting ‘Alaska’;CommentsClose CommentsPermalink





(ii) by inserting ‘(43 U.S.C. 1601 et seq.)’ before ‘or the’; andCommentsClose CommentsPermalink





(iii) by inserting ‘of 1980 (25 U.S.C. 1721 et seq.)’ after ‘Maine Indian Claims Settlement Act’;CommentsClose CommentsPermalink





(6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), by striking ‘12571’ and inserting ‘12511’;CommentsClose CommentsPermalink





(7) in section 480(c)(2) (20 U.S.C. 1087vv(c)(2))--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘the following’ and inserting ‘benefits under the following provisions of law’; andCommentsClose CommentsPermalink





(B) by striking subparagraphs (A) through (J) and inserting the following:CommentsClose CommentsPermalink





‘(A) Chapter 103 of title 10, United States Code (Senior Reserve Officers’ Training Corps).CommentsClose CommentsPermalink





‘(B) Chapter 106A of title 10, United States Code (Educational Assistance for Persons Enlisting for Active Duty).CommentsClose CommentsPermalink





‘(C) Chapter 1606 of title 10, United States Code (Selected Reserve Educational Assistance Program).CommentsClose CommentsPermalink





‘(D) Chapter 1607 of title 10, United States Code (Educational Assistance Program for Reserve Component Members Supporting Contingency Operations and Certain Other Operations).CommentsClose CommentsPermalink





‘(E) Chapter 30 of title 38, United States Code (All-Volunteer Force Educational Assistance Program, also known as the ‘Montgomery GI Bill--active duty’).CommentsClose CommentsPermalink





‘(F) Chapter 31 of title 38, United States Code (Training and Rehabilitation for Veterans with Service-Connected Disabilities).CommentsClose CommentsPermalink





‘(G) Chapter 32 of title 38, United States Code (Post-Vietnam Era Veterans’ Educational Assistance Program).CommentsClose CommentsPermalink





‘(H) Chapter 33 of title 38, United States Code (Post-9/11 Educational Assistance).CommentsClose CommentsPermalink





‘(I) Chapter 35 of title 38, United States Code (Survivors’ and Dependents’ Educational Assistance Program).CommentsClose CommentsPermalink





‘(J) Section 903 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot Program).CommentsClose CommentsPermalink





‘(K) Section 156(b) of the ‘Joint Resolution making further continuing appropriations and providing for productive employment for the fiscal year 1983, and for other purposes’ (42 U.S.C. 402 note) (Restored Entitlement Program for Survivors, also known as ‘Quayle benefits’).CommentsClose CommentsPermalink





‘(L) The provisions of chapter 3 of title 37, United States Code, related to subsistence allowances for members of the Reserve Officers Training Corps.’; andCommentsClose CommentsPermalink





(8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), by striking ‘12571’ and inserting ‘12511’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by--CommentsClose CommentsPermalink





(1) paragraph (1) of subsection (a) shall take effect on July 1, 2009; andCommentsClose CommentsPermalink





(2) paragraph (4) of such subsection shall be effective as if enacted as part of the amendments in section 602(a) of the College Cost Reduction and Access Act (Public Law 110-84), and shall take effect on July 1, 2009.CommentsClose CommentsPermalink





(c) Higher Education Opportunity Act- Section 473(f) of the Higher Education Opportunity Act (Public Law 110-315) is amended by inserting ‘, except that the amendments made in subsection (e) shall take effect on July 1, 2009’ before the period at the end.CommentsClose CommentsPermalink

SEC. 407. GENERAL PROVISIONS OF TITLE IV.CommentsClose CommentsPermalink

(a) Delayed Implementation of EZ FAFSA- Notwithstanding any other provision of law, the Secretary of Education shall be required to carry out the requirements under the following provisions of section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) only for academic year 2010-2011 and subsequent academic years:CommentsClose CommentsPermalink





(1) In subsection (a) of such section--CommentsClose CommentsPermalink





(A) subparagraphs (A)(i) and (B) of paragraph (2);CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) the second sentence of subparagraph (A);CommentsClose CommentsPermalink





(ii) clauses (i) and (ii) of subparagraph (B); andCommentsClose CommentsPermalink





(iii) subparagraph (C);CommentsClose CommentsPermalink





(C) paragraph (4)(A)(iv); andCommentsClose CommentsPermalink





(D) paragraph (5)(E).CommentsClose CommentsPermalink





(2) Subsection (h) of such section.CommentsClose CommentsPermalink





(b) Other Amendments- Part G of title IV (20 U.S.C. 1088 et seq.) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1) of section 481(c) (20 U.S.C. 1088(c)), by striking ‘or any State, or private, profit or nonprofit organization’ and inserting ‘any State, or any private, for-profit or nonprofit organization,’;CommentsClose CommentsPermalink





(2) in section 482(b) (20 U.S.C. 1089(b)), by striking ‘413D(e), 442(e), or 462(j)’ and inserting ‘413D(d), 442(d), or 462(i)’;CommentsClose CommentsPermalink





(3) in section 483 (20 U.S.C. 1090)--CommentsClose CommentsPermalink





(A) in subsection (a)(3)(C), by inserting ‘that’ after ‘except’; andCommentsClose CommentsPermalink





(B) in subsection (e)(8)(A), by striking ‘identify’ and inserting ‘determine’;CommentsClose CommentsPermalink





(4) in section 484 (20 U.S.C. 1091)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of subsection (a)(4), by striking ‘certification,,’ and inserting ‘certification,’;CommentsClose CommentsPermalink





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





(i) by striking ‘have (A)’ and inserting ‘have (i)’; andCommentsClose CommentsPermalink





(ii) by striking ‘and (B)’ and inserting ‘and (ii)’;CommentsClose CommentsPermalink





(C) in subsection (f)(1), by striking ‘part B’ and all that follows through ‘part E’ in each place that the phrase occurs and inserting ‘part B, part D, or part E’;CommentsClose CommentsPermalink





(D) in subsection (h)--CommentsClose CommentsPermalink





(i) in paragraph (2), by striking ‘(h)(4)(A)(i)’ and inserting ‘(g)(4)(A)(i)’; andCommentsClose CommentsPermalink





(ii) in paragraph (3), by striking ‘(h)(4)(B)(i)’ and inserting ‘(g)(4)(B)(i)’; andCommentsClose CommentsPermalink





(E) in subsection (n), by striking ‘section 1113 of Public Law 97-252’ and inserting ‘section 12(f) of the Military Selective Service Act (50 U.S.C. App. 462(f))’;CommentsClose CommentsPermalink





(5) in section 485 (20 U.S.C. 1092)--CommentsClose CommentsPermalink





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





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





(I) the matter preceding subparagraph (A), by striking ‘also referred to as the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’; andCommentsClose CommentsPermalink





(II) in subparagraph (I), by striking ‘handicapped students’ and inserting ‘students with disabilities’;CommentsClose CommentsPermalink





(ii) in paragraph (4)(B), by inserting ‘during which’ after ‘time period’; andCommentsClose CommentsPermalink





(iii) in the matter preceding subclause (I) of paragraph (7)(B)(iv), by inserting ‘education’ after ‘higher’;CommentsClose CommentsPermalink





(B) in subsection (e)(3)(B), by inserting ‘during which’ after ‘time period’;CommentsClose CommentsPermalink





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





(i) in the matter preceding subparagraph (A) of paragraph (1), by inserting ‘of’ after ‘foreign institution’; andCommentsClose CommentsPermalink





(ii) in paragraphs (3), (4)(A), (5), and (8)(A), by striking ‘under this title’ each place it appears and inserting ‘under this title, other than a foreign institution of higher education,’;CommentsClose CommentsPermalink





(D) in subsection (g)(2), by striking ‘subparagraph (G)’ and inserting ‘paragraph (1)(G)’;CommentsClose CommentsPermalink





(E) in subsection (i)--CommentsClose CommentsPermalink





(i) in paragraph (2), by striking ‘eligible institution participating in any program under this title’ and inserting ‘institution described in paragraph (1)’;CommentsClose CommentsPermalink





(ii) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘eligible institution participating in any program under this title’ and inserting ‘institution described in paragraph (1)’; andCommentsClose CommentsPermalink





(iii) in paragraph (5)(B), by striking ‘the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’;CommentsClose CommentsPermalink





(F) in subsection (k)(2), by inserting ‘section’ before ‘484(r)(1)’; andCommentsClose CommentsPermalink





(G) in the matter preceding clause (i) of subsection (l)(1)(A), by striking ‘subparagraph (B)’ and inserting ‘paragraph (2)’;CommentsClose CommentsPermalink





(6) in section 485A (20 U.S.C. 1092a)--CommentsClose CommentsPermalink





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





(i) by striking ‘or defined in subpart I of part C of title VII of the Public Health Service Act’ and inserting ‘or an eligible lender as defined in section 719 of the Public Health Service Act (42 U.S.C. 292o)’; andCommentsClose CommentsPermalink





(ii) by striking ‘under subpart I of part C of title VII of the Public Health Service Act (known as Health Education Assistance Loans)’ and inserting ‘under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)’;CommentsClose CommentsPermalink





(B) in subsection (b), by striking ‘subpart I of part C of title VII of the Public Health Service Act’ and inserting ‘part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)’;CommentsClose CommentsPermalink





(C) in subsection (e)--CommentsClose CommentsPermalink





(i) by striking ‘Health Education Assistance Loan’ and inserting ‘loan under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)’; andCommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘733(e)(3)’ and inserting ‘707(e)(3)’; andCommentsClose CommentsPermalink





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





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





(I) in the second sentence, by striking ‘subpart I of part C of title VII of the Public Health Service Act’ and inserting ‘part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)’; andCommentsClose CommentsPermalink





(II) in the fourth sentence, by striking ‘728(a)’ and inserting ‘710’; andCommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘subpart I of part C of title VII of the Public Health Service Act’ and inserting ‘part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)’;CommentsClose CommentsPermalink





(7) in section 485B (20 U.S.C. 1092b)--CommentsClose CommentsPermalink





(A) in subsection (a)(5), by striking ‘))’ and inserting ‘)’; andCommentsClose CommentsPermalink





(B) in subsection (d)(3)(D), by striking ‘the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’;CommentsClose CommentsPermalink





(8) in section 487 (20 U.S.C. 1094)--CommentsClose CommentsPermalink





(A) in subsection (a)(23)(A), by inserting ‘of 1993’ after ‘Registration Act’;CommentsClose CommentsPermalink





(B) in subsection (c)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(i), by striking ‘students receives’ and inserting ‘students receive’;CommentsClose CommentsPermalink





(ii) in subparagraph (F), by striking ‘paragraph (2)(B)’ and inserting ‘paragraph (3)(B)’; andCommentsClose CommentsPermalink





(iii) in subparagraph (H), by striking ‘paragraph (2)(B)’ and inserting ‘paragraph (3)(B)’;CommentsClose CommentsPermalink





(C) in subsection (f)(1), by striking ‘496(c)(4)’ and inserting ‘496(c)(3)’; andCommentsClose CommentsPermalink





(D) in subsection (g)(1), by striking ‘subsection (f)(2)’ and inserting ‘subsection (e)(2)’;CommentsClose CommentsPermalink





(9) in section 487A(b) (20 U.S.C. 1094a(b))--CommentsClose CommentsPermalink





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





(i) by striking ‘Any activities’ and inserting ‘Any experimental sites’; andCommentsClose CommentsPermalink





(ii) by striking ‘June 30, 2009’ and inserting ‘June 30, 2010’; andCommentsClose CommentsPermalink





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





‘(4) DETERMINATION OF SUCCESS- For the purposes of paragraph (1), the Secretary shall make a determination of success regarding an institution’s participation as an experimental site based on--CommentsClose CommentsPermalink





‘(A) the ability of the experimental site to reduce administrative burdens to the institution, as documented in the Secretary’s biennial report under paragraph (2), without creating costs for the taxpayer; andCommentsClose CommentsPermalink





‘(B) whether the experimental site has improved the delivery of services to, or otherwise benefitted, students.’;CommentsClose CommentsPermalink





(10) in section 489(a) (20 U.S.C. 1096(a))--CommentsClose CommentsPermalink





(A) in the third sentence, by striking ‘has agreed to assign under section 463(a)(6)(B)’ and inserting ‘has referred under section 463(a)(4)(B)’; andCommentsClose CommentsPermalink





(B) in the fourth sentence, by striking ‘484(h)’ and inserting ‘484(g)’;CommentsClose CommentsPermalink





(11) in section 491(l)(2)(A) (20 U.S.C. 1098(l)(2)(A)), by inserting ‘the’ after ‘enactment of’; andCommentsClose CommentsPermalink





(12) in section 492(a) (20 U.S.C. 1098a(a))--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘regulations’ and all that follows through ‘The’ and inserting ‘regulations for this title. The’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘ISSUES’ and all that follows through ‘provide’ and inserting ‘ISSUES- The Secretary shall provide’.CommentsClose CommentsPermalink

SEC. 408. PROGRAM INTEGRITY.CommentsClose CommentsPermalink

Part H of title IV (20 U.S.C. 1099a et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 496(a)(6)(G) (20 U.S.C. 1099b(a)(6)(G)), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), by striking ‘for profit’ and inserting ‘for-profit’.CommentsClose CommentsPermalink

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

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

TITLE V--DEVELOPING INSTITUTIONSCommentsClose CommentsPermalink

SEC. 501. DEVELOPING INSTITUTIONS.CommentsClose CommentsPermalink

Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amended by striking ‘which determination’ and inserting ‘which the determination’.CommentsClose CommentsPermalink

TITLE VI--INTERNATIONAL EDUCATION PROGRAMSCommentsClose CommentsPermalink

SEC. 601. INTERNATIONAL EDUCATION PROGRAMS.CommentsClose CommentsPermalink

(a) Higher Education Act of 1965- Title VI (20 U.S.C. 1121 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 604(a) (20 U.S.C. 1124(a))--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A) of paragraph (2), by inserting ‘the’ before ‘Federal’; andCommentsClose CommentsPermalink





(B) in paragraph (7)(D), by striking ‘institution, combination’ and inserting ‘applicant, consortium,’; andCommentsClose CommentsPermalink





(2) in section 622(a) (20 U.S.C. 1131-1(a)), by inserting a period after ‘title’.CommentsClose CommentsPermalink





(b) Higher Education Opportunity Act- The matter preceding paragraph (1) of section 621 of the Higher Education Opportunity Act (Public Law 110-315) is amended by striking ‘Section 631 (20 U.S.C. 1132)’ and inserting ‘Section 631(a) (20 U.S.C. 1132(a))’.CommentsClose CommentsPermalink

TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENTCommentsClose CommentsPermalink

SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS.CommentsClose CommentsPermalink

Title VII (20 U.S.C. 1133 et seq.) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1) of section 721(d) (20 U.S.C. 1136(d)), by striking ‘services through’ and all that follows through ‘resource centers’ and inserting ‘services through pre-college programs, undergraduate prelaw information resource centers’;CommentsClose CommentsPermalink





(2) in section 723(b)(1)(P) (20 U.S.C. 1136a(b)(1)(P)), by striking ‘Sate’ and inserting ‘State’;CommentsClose CommentsPermalink





(3) in section 744(c)(6)(C) (20 U.S.C. 1138c(c)(6)(C)), by inserting ‘of the National Academies’ after ‘Institute of Medicine’;CommentsClose CommentsPermalink





(4) in section 760 (20 U.S.C. 1140), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES- The term ‘comprehensive transition and postsecondary program for students with intellectual disabilities’ means a degree, certificate, or nondegree program that meets each of the following:CommentsClose CommentsPermalink





‘(A) Is offered by an institution of higher education.CommentsClose CommentsPermalink





‘(B) Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.CommentsClose CommentsPermalink





‘(C) Includes an advising and curriculum structure.CommentsClose CommentsPermalink





‘(D) Requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institution, with such participation focusing on academic components, and occurring through 1 or more of the following activities:CommentsClose CommentsPermalink





‘(i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution.CommentsClose CommentsPermalink





‘(ii) Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit.CommentsClose CommentsPermalink





‘(iii) Enrollment in noncredit-bearing, nondegree courses with nondisabled students.CommentsClose CommentsPermalink





‘(iv) Participation in internships or work-based training in settings with nondisabled individuals.CommentsClose CommentsPermalink





‘(E) Requires students with intellectual disabilities to be socially and academically integrated with non-disabled students to the maximum extent possible.’;CommentsClose CommentsPermalink





(5) in section 772 (20 U.S.C. 1140l)--CommentsClose CommentsPermalink





(A) in subsection (a)(2)(A), by striking ‘with in’ and inserting ‘with’; andCommentsClose CommentsPermalink





(B) in the matter preceding subclause (I) of subsection (b)(1)(C)(ii), by striking ‘subparagraph (C)’ and inserting ‘clause (i)’;CommentsClose CommentsPermalink





(6) in section 781 (20 U.S.C. 1141)--CommentsClose CommentsPermalink





(A) in subsection (c)(1), by striking ‘Service’ each place the term appears and inserting ‘Services’;CommentsClose CommentsPermalink





(B) in the matter preceding paragraph (1) of subsection (e)--CommentsClose CommentsPermalink





(i) by striking ‘(as defined’ and all that follows through ‘this Act)’ and inserting ‘(as described in section 435(p))’; andCommentsClose CommentsPermalink





(ii) by striking ‘435(j)’ and inserting ‘428(b)’;CommentsClose CommentsPermalink





(C) in subsection (g)(2), by striking ‘Service’ and inserting ‘Services’; andCommentsClose CommentsPermalink





(D) in subsection (i)--CommentsClose CommentsPermalink





(i) in paragraph (1)(D), by striking ‘consortia’ and inserting ‘consortium’; andCommentsClose CommentsPermalink





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





(I) in the paragraph heading, by striking ‘CONSORTIA’ and inserting ‘CONSORTIUM’; andCommentsClose CommentsPermalink





(II) by striking ‘consortia’ each place the term appears and inserting ‘consortium’.CommentsClose CommentsPermalink

TITLE VIII--ADDITIONAL PROGRAMSCommentsClose CommentsPermalink

SEC. 801. ADDITIONAL PROGRAMS.CommentsClose CommentsPermalink

Title VIII (20 U.S.C. 1161a et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 802(d)(2)(D) (20 U.S.C. 1161b(d)(2)(D)), by striking ‘regulation’ and inserting ‘regulations’;CommentsClose CommentsPermalink





(2) in section 804(d) (20 U.S.C. 1161d(d))--CommentsClose CommentsPermalink





(A) in the heading, by striking ‘Definition’ and inserting ‘Definitions’; andCommentsClose CommentsPermalink





(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) PUBLIC HEALTH SERVICE ACT- The terms ‘accredited’ and ‘school of nursing’ have the meanings given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).’;CommentsClose CommentsPermalink





(3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), by striking ‘the Family Education Rights and Privacy Act of 1974’ and inserting ‘section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’)’;CommentsClose CommentsPermalink





(4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), by inserting a period after ‘101(a)’;CommentsClose CommentsPermalink





(5) in section 820 (20 U.S.C. 1161k)--CommentsClose CommentsPermalink





(A) in subsection (d)(5), by inserting ‘the’ before ‘grant’;CommentsClose CommentsPermalink





(B) in subsection (f)(2), by striking ‘subpart’ each place the term appears and inserting ‘section’; andCommentsClose CommentsPermalink





(C) in subsection (h), by striking ‘use’ and inserting ‘used’;CommentsClose CommentsPermalink





(6) in section 821 (20 U.S.C. 1161l)--CommentsClose CommentsPermalink





(A) in subsection (a)(1), by striking ‘subsection (g)’ and inserting ‘subsection (f)’; andCommentsClose CommentsPermalink





(B) in subsection (c)(1)(B), by striking ‘within’ and inserting ‘in’;CommentsClose CommentsPermalink





(7) in section 824(f)(3) (20 U.S.C. 1161l-3(f)(3))--CommentsClose CommentsPermalink





(A) in subparagraph (A), by inserting ‘a’ after ‘submitting’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘pursing’ and inserting ‘pursuing’;CommentsClose CommentsPermalink





(8) in section 825(a) (20 U.S.C. 1161l-4(a)), by striking ‘the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’;CommentsClose CommentsPermalink





(9) in section 826(3) (20 U.S.C. 1161l-5(3)), by striking ‘the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’;CommentsClose CommentsPermalink





(10) in section 830(a)(1)(B) (20 U.S.C. 1161m(a)(1)(B)), by striking ‘of for’ and inserting ‘of’;CommentsClose CommentsPermalink





(11) in section 833(e)(1) (20 U.S.C. 1161n-2(e)(1))--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘because of’ and inserting ‘based on’; andCommentsClose CommentsPermalink





(B) in subparagraph (D), by striking ‘purposes of this section’ and inserting ‘purpose of this part’;CommentsClose CommentsPermalink





(12) in section 841(c)(1) (20 U.S.C. 1161o(c)(1)), by striking ‘486A(d)’ and inserting ‘486A(b)(1)’;CommentsClose CommentsPermalink





(13) in section 851(j) (20 U.S.C. 1161p(j)), by inserting ‘to be appropriated’ after ‘authorized’; andCommentsClose CommentsPermalink





(14) in section 894(b)(2) (20 U.S.C. 1161y(b)(2)), by striking ‘the Family Educational Rights and Privacy Act of 1974’ and inserting ‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’.CommentsClose CommentsPermalink

SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION ACTS.CommentsClose CommentsPermalink

(a) Higher Education Amendments of 1998-CommentsClose CommentsPermalink





(1) INCARCERATED INDIVIDUALS- Section 821(h) of the Higher Education Amendments of 1998 (20 U.S.C. 1151(h)) is amended to read as follows:CommentsClose CommentsPermalink





‘(h) Allocation of Funds-CommentsClose CommentsPermalink





‘(1) FISCAL YEAR 2009- From the funds appropriated pursuant to subsection (i) for fiscal year 2009, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of incarcerated individuals described in paragraphs (1) and (2) of subsection (e) in the State bears to the total number of such individuals in all States.CommentsClose CommentsPermalink





‘(2) FUTURE FISCAL YEARS- From the funds appropriated pursuant to subsection (i) for each fiscal year after fiscal year 2009, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of students eligible under subsection (e) in such State bears to the total number of such students in all States.’.CommentsClose CommentsPermalink





(2) UNDERGROUND RAILROAD- Section 841(c) of the Higher Education Amendments of 1998 (20 U.S.C. 1153(c)) is amended by inserting ‘this section’ after ‘to carry out’.CommentsClose CommentsPermalink





(b) Education of the Deaf Act of 1986- Section 203(b)(2) of the Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by striking ‘and subsections (b) and (c) of section 209.’ and inserting ‘and subsections (a), (b), and (c) of section 209.’.CommentsClose CommentsPermalink

Attest:

Secretary.

111th CONGRESS

1st Session

H.R. 1777

AMENDMENT

Speaker of the House of Representatives. CommentsClose CommentsPermalink